Ukraine’s parliament on April 28 advanced a bill to make sweeping reform of the national civil code, which raises significant human rights concerns.
The draft, which was adopted in the first reading, does not include same-sex partnerships in the definition of “marriage.” A recent landmark ruling from Ukraine’s Supreme Court recognized that a same-sex partnership constituted “family,” yet the legislators, instead of endorsing that shift towards equality, are choosing to further entrench discrimination in law. Without formal legal recognition, same-sex partners in Ukraine are not considered family, blocking access to a range of rights.
While public support for family equality in Ukraine has soared to over 70 percent since the start of Russia’s full-scale invasion, this bill appears frozen in the past, failing to reflect a society that has fundamentally progressed.
Other provisions are equally problematic. The bill repeatedly refers to an ambiguous concept of “good morals” in relation to regulating private relations, opening the door to arbitrary interpretation. Archaically, the draft allows a former husband to compel his ex-wife to revert to her maiden name based on his assessment of her “immoral” conduct while married. A mandatory “reconciliation process” for divorcing couples with children could trap people in harmful or abusive situations.
The bill also undermines the best interests of the child and weakens protections for people with disabilities. It permits retroactively changing an adopted child’s date and place of birth and keeping secret from the child the fact of their adoption. The bill also effectively legalizes the abandonment of children with disabilities by allowing parents to leave them at healthcare facilities. Additionally, the draft retains a rigid guardianship system, stripping people with disabilities of legal capacity and denying them autonomy over decisions regarding their medical care and family life.
Some legislators have defended the bill, noting it reflects “years of work” by legal experts. However, leading human rights groups raised alarm that the draft puts Ukraine afoul of its international obligations—including the European Convention on Human Rights, the Convention on the Rights of Persons with Disabilities, and the Convention on the Rights of the Child. The bill also departs from the European Union non-discrimination principles, potentially complicating Ukraine’s accession path.
During the next stages of the legislative process parliament should bring the draft in line with Ukraine’s international obligations. Legal reform should be designed to protect, not undermine, Ukrainians’ human rights and to promote equality and the rule of law.
