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Ukraine - LGBTQI

“Anything that our enemy hates … I will support,” Ukrainian MP Andrii Kozhemiakin said. “If it will never exist in Russia, it should exist and be supported here, to show them and signal to them that we are different. This law is like a smile towards Europe and a middle finger to Russia. So I support it.” Inna Sovsun, People’s Deputy of Ukraine, was initiator of the draft law on registered partnerships. Kozhemiakin is a conservative ex-spy who likes to emphasise his Christian faith and large family.

Maksym Potapovych, Media and Communication Manager at the NGO “Ukrainian LGBT+ Military,” said that the adopting such a draft law will benefit not only the community, but also the entire state. “If Ukraine supports this draft law, it will be a powerful step showing that Ukraine does not equal russia. We are so different that even in times of war we are ready to defend the rights of marginalized groups. In addition, it can become one of the reasons for strengthening and speeding up the provision of different kinds of aid to us, because in the eyes of our Western partners, we will establish that Ukraine equals democracy,” he explained.

A national sociological study published in May 2022 indicated a sharp improvement in the public perception of LGBTQI+ persons, with those holding a “generally negative” view of LGBTQI+ persons dropping from 60.4 percent of respondents in 2016 to 38.2 percent.

Some public figures made discriminatory comments against LGBTQI+ individuals, while others were supportive. On 29 April 2022, the mayor of Ivano-Frankivsk stated that “a gay cannot be a patriot” in an interview with a local news platform. In his article for Der Spiegel, Minister of Foreign Affairs of Ukraine Dmytro Kuleba condemned the Russian policy of spreading hatred and oppression, mentioning LGBTQI+ persons among Russia’s victims. The Ministry of Foreign Affairs’ English-language Instagram site posted positive posts concerning the participation of LGBTQI+ persons in the resistance to Russia’s aggression.

The law does not criminalize same-sex sexual conduct between adults. There were no reports of other facially neutral laws that were disproportionally applied to LGBTQI+ persons to justify arrest. The law does not discriminate based on sexual orientation, gender, or identity. The labor code prohibits workplace discrimination based on sexual orientation or gender identity; however, discrimination was reportedly widespread in employment, housing, education, and other sectors for members of the LGBTQI+ community. Same-sex marriages are not recognized by law.

After the full-scale Russian invasion began on February 24, the LGBT Human Rights Center stated law enforcement at times perpetrated or condoned violence against members of the LGBTQI+ community. LGBTQI+ activist Marko Krapka, who identifies as nonbinary and uses they/their pronouns, claimed that on June 12, they were beaten by police officers near Holosiyivskyy Park. Police conducted an internal investigation, but Krapka did not provide sufficient information to identify the alleged assailants, nor did Krapka provide any medical examination records to support the beating allegations.

LGBTQI+ rights NGO Nash Svit documented several cases of servicepersons treating civilians in a homophobic manner. Such cases often occurred when Territorial Defense members were performing the duties of law enforcement officers, i.e., during patrols and document checks. Members of radical groups often perpetrated violence against LGBTQI+ persons, and authorities often did not adequately investigate these cases or hold perpetrators to account. Nash Svit noted that criminal proceedings for attacks against members of the LGBTQI+ community were rarely classified under criminal provisions pertaining to hate crimes, which carry heavier penalties. On 14 April 2022, a man attacked a prominent LGBTQI+ and women’s rights activist, Olena Shevchenko, with pepper spray in Lviv. As of late December 2022, a police investigation was underway.

Legal gender recognition is available in the country. Medical intervention is required under the law. Legal gender may be changed upon obtaining a medical certificate based on medical-biological and socio-psychological indications. Although the law permits it, transgender persons often reported difficulties obtaining official documents reflecting their gender identity, resulting in discrimination in health care, education, and other areas.

According to a Nash Svit report on conditions for LGBTQI+ persons in 2021, the police improved protection of mass public events from violent far-right attacks but continued to ineffectively investigate hate crimes. In 2021, prior to the Russian full-scale invasion that led to the imposition of martial law, major LGBTQI+ events took place without significant incident.

The state did not conduct nor ban involuntary or coercive medical or psychological practices on LGBTQI+ persons. According to Freedom House’s 2020 survey on the nature and distribution of conversion therapy in the country, leaders of religious groups (89 percent) and family members (75 percent) were the main promoters of conversion therapy. According to the respondents, the main “doctors” were representatives of religious groups (84 percent), “traditional doctors” (57 percent), and private psychological and psychiatric clinics (45 percent). The survey noted “conversion therapy” was primarily aimed at LGBTQI+ adolescents under the age of 18 (67 percent), and the main forms of “treatment” were religious rites (59 percent), prayer (54 percent), and a stay in a special institution (51 percent). Non-binary persons also mentioned physical violence as a form of such “therapy” (60 percent). According to the survey, “conversion therapy” in the country is based on the belief that homosexuality is a medical or psychological problem that can be “cured.”

Over the course of the conflict with Russia, the gay rights movement in Ukraine seemingly gained momentum, with its proponents reportedly claiming that the spread of LGBTQ in the country would somehow hurt Moscow. The drive also seems to be deriving support from abroad.

On 01 June 2023 the European Court of Human Rights (ECHR) ordered Ukraine to pay damages to a gay couple after multiple unsuccessful attempts to register their marriage in the country. Andriy Yuriyovych Maymulakhin and Andriy Mykhaylovych Markiv, had been living together in a stable and committed relationship since 2010. The court found Kiev to be in breach of the couple’s rights despite the fact that same-sex marriage remained illegal in Ukraine, with the country’s constitution defining marriage as a union between a man and a woman. Whereas the existing legal framework in Ukraine recognised two types of relationship for opposite-sex couples - marriage and family union, where a man and a woman “live as a family without being married” - same-sex couples were denied both. In general, there was no possibility for a same-sex couple to rely on the existence of their relationship in dealings with the judicial or administrative authorities.

Ukraine’s leading telecom providers have commemorated Pride Month by temporarily painting their logos in rainbow colors and posting messages of support for LGBTQ on social media. The move, however, elicited a backlash online, with numerous users vowing to ditch the providers over their stance. Multiple pledges to leave the purportedly “faggot” companies over their apparent support for “butt sex” went viral, with screenshots making the rounds in the respective threads announcing the Pride Month commemoration.