From Salaries to Courts: Where Ukrainians Most Often Encounter Gender Discrimination

The first coordination meeting took place with the deputies of the heads of regional military administrations on European integration issues and authorized persons on ensuring equal rights and opportunities for women and men, during which the integration of gender mainstreaming principles into regional policy, the fulfillment of Ukraine's European integration commitments, and practical mechanisms for ensuring equal rights for women and men were discussed.

Whereas previously the issue of gender equality was mostly considered as a separate area of social policy, today it increasingly becomes a cross-cutting principle in the formation of state decisions, which corresponds to the standards of the European Union and Ukraine's international obligations.

The practical significance of this topic goes far beyond the issue of representation of women or men in power. Gender equality directly affects access to employment, equal pay, career growth opportunities, participation in decision-making, access to justice, protection from discrimination and gender-based violence.

In conditions of martial law, issues of military service, social protection of servicemen, veterans, and their families gain additional importance, where it is also necessary to ensure a balance between the constitutional principle of equality and the specifics of the legal regime of martial law.

Constitutional Guarantees and Legislative Regulation of Gender Equality

The constitutional basis for ensuring gender equality is Articles 21, 24, and 43 of the Constitution of Ukraine. Article 21 proclaims that all people are free and equal in their dignity and rights. According to Article 24, citizens have equal constitutional rights and freedoms and are equal before the law, and privileges or restrictions based on sex are not allowed.

At the same time, the Constitution separately imposes on the state the duty to ensure equality of rights between women and men by providing equal opportunities in socio-political, cultural activities, education, labor, and remuneration, as well as creating conditions for combining professional activities with family responsibilities.

A special law in this area is the Law of Ukraine "On Ensuring Equal Rights and Opportunities for Women and Men." It defines the principle of equality as equal legal status of women and men and equal opportunities for its implementation. The law also enshrines the concepts of discrimination based on sex, positive actions, and gender mainstreaming, which involves considering the gender component during the formation and implementation of state policy.

Simultaneously, the Law of Ukraine "On the Principles of Prevention and Combating Discrimination in Ukraine" operates, establishing general mechanisms for protection against discrimination, including on the basis of sex, and defines forms of direct and indirect discrimination, oppression, and incitement to discrimination.

Particular importance is attached to the provisions of the Labor Code of Ukraine, the Law of Ukraine "On Remuneration," the Law of Ukraine "On Civil Service," and the Law of Ukraine "On Prevention and Combating Domestic Violence."

What International Standards Apply to Ukraine

Ukraine has also undertaken a significant volume of international obligations. Primarily, this is the UN Convention on the Elimination of All Forms of Discrimination Against Women, which requires states to ensure substantive equality, not just formal proclamation of equal rights.

At the same time, the Convention for the Protection of Human Rights and Fundamental Freedoms guarantees the prohibition of discrimination through Article 14 and Protocol No. 12, which extends the principle of non-discrimination to the exercise of any rights guaranteed by law.

For Ukraine, the issue of gender equality has gained additional importance due to its status as a candidate country for EU membership. One of the fundamental values of the EU according to Article 2 of the Treaty on European Union is equality and respect for human rights. Therefore, during the negotiation process, Ukraine must not only harmonize legislation with the EU acquis but also ensure its practical application at all levels of government.

Gender Mainstreaming as a New Approach to State Policy Formation

Gender mainstreaming involves taking into account the principle of equality between women and men during the development, implementation, and evaluation of state policy in all areas. This approach is now considered one of the key tools for Ukraine to fulfill its European integration commitments.

The integration of the gender component into state policy is no longer viewed as a separate area of government activity. According to the European approach, the principle of equality must be considered during the preparation of regional development strategies, budget planning, implementation of social programs, reconstruction of territories, and other administrative decisions.

What Official Statistics Show About Gender Inequality

Despite significant legislative development, official statistics indicate that the problem remains relevant. The State Statistics Service of Ukraine conducts a separate area of statistical monitoring of gender equality, covering indicators of employment, wages, representation in power, entrepreneurship, education, violence, work-life balance, and other indicators.

According to the State Statistics Service of Ukraine, in the first quarter of 2026, the average monthly salary was 28,885 UAH, including 33,798 UAH for men and 24,791 UAH for women.

Thus, women's wages amounted to about 73% of men's wages. The largest gender pay gaps were recorded in the fields of arts, sports, entertainment and recreation (47.1%), financial and insurance activities (38.7%), as well as information and telecommunications (37.8%).

At the same time, international indicators show gradual progress of Ukraine in the field of gender equality. According to the Global Gender Gap Report 2025 prepared by the World Economic Forum, Ukraine ranked 62nd among 148 countries with a gender parity score of 73%.

Ukraine shows the best results in education and healthcare, while the greatest challenges remain in economic participation and opportunities and political representation of women.

What Approaches the Supreme Court Has Formed

An important role in forming approaches to the application of anti-discrimination legislation is played by the resolution of the Grand Chamber of the Supreme Court dated April 1, 2020, in case No. 804/2823/16. Relying on the practice of the European Court of Human Rights (ECtHR), the Court stated that discrimination occurs only when less favorable treatment of a person is caused by a legally protected characteristic, including sex, and has no objective and reasonable justification. The Court also emphasized that the principle of equality enshrined in Article 24 of the Constitution of Ukraine applies when resolving labor disputes.

At the same time, the Supreme Court's practice shows that not every deterioration of working conditions or conflict with an employer is a manifestation of discrimination or mobbing.

Thus, in the resolution dated July 10, 2024, in case No. 296/8997/23, the Supreme Court confirmed that to establish discrimination, it is necessary to prove less favorable treatment of a person precisely because of a legally protected characteristic. The Court stressed that different treatment is discriminatory only in the absence of objective and reasonable justification, and mere assumptions or disagreement with the employer's actions are not sufficient to establish discrimination.

In case No. 756/12586/24, the Supreme Court also stated that a change of workplace, position, or salary made in accordance with labor legislation requirements does not in itself indicate mobbing. The Court also emphasized that discrimination can only be established when different treatment of an employee is due to their protected characteristic, and proof cannot be based on assumptions.

What Standards the ECtHR Has Formed

Decisions of the European Court of Human Rights play an important role in shaping Ukrainian practice. In the case Opuz v. Turkey, the Court recognized that systemic state inaction regarding domestic violence may constitute sex discrimination and violate Article 14 of the Convention in conjunction with Articles 2 and 3.

In the case Konstantin Markin v. Russia, the ECtHR emphasized that gender stereotypes cannot justify different scopes of social rights for men and women. The restriction of a male serviceman's right to parental leave was recognized as discriminatory.

In the case Carvalho Pinto de Sousa Morais v. Portugal, the Court stressed that judicial decisions cannot be based on biased notions about the social role of women, as such stereotypes contradict the principle of equality.

The standards formed by the ECtHR are increasingly used by Ukrainian courts when applying the provisions of the Constitution of Ukraine, the Convention, and national anti-discrimination legislation.

Thus, despite a developed normative framework, serious challenges remain in law enforcement.

That is why gender mainstreaming, which the Government talks about today in the context of European integration, is not a formal requirement. It is a necessary condition for implementing the constitutional principle of equality, fulfilling Ukraine's commitments on the path to EU membership, and effectively protecting human rights.

Read also: what guarantees of equal pay for women and men are provided by Ukrainian legislation.

Subscribe to our Telegram channel t.me/sudua and to Google News SUD.UA, as well as to our VIBER and WhatsApp pages on Facebook and Instagram to stay informed about the most important events.