* Adopted by the Committee at its eighty-third session (10–28 October 2022).

Concluding observations on the ninth periodic report of Ukraine *

1.The Committee considered the ninth periodic report of Ukraine (CEDAW/C/UKR/9) at its 1921st and 1923rd meetings (see CEDAW/C/SR.1921 and CEDAW/C/SR.1923) held on 18 and 19 October 2022.

A.Introduction

2.The Committee appreciates the submission by the State party of its ninth periodic report, which was prepared in response to the list of issues and questions prior to reporting of the Committee (CEDAW/C/UKR/QPR/9). It welcomes the oral presentation by the delegation and the further clarifications provided in response to the questions posed orally by the Committee during the dialogue.

3.The Committee commends the State party on its high-level delegation, which was headed by the Minister of Social Policy of Ukraine, Oksana Zholnovych, and included representatives of the Ministry of Economy, the Ministry of Education and Science, the Ministry of Foreign Affairs, the Ministry of Health, the Ministry of Internal Affairs, the Ministry of Justice, the Ministry of Reintegration, the Ministry of Social Policy, the Minister for Veterans’ Affairs, the National Police of Ukraine, the National Social Service, the Office of the Prosecutor General and the Permanent Mission of Ukraine to the United Nations Office and other international organizations in Geneva, as well as the Government Commissioner for Gender Equality and representatives of the Office of the Government Commissioner for Gender Equality.

B.Positive aspects

4.The Committee welcomes the progress achieved since the consideration in 2017 of the State party’s eight periodic report (CEDAW/C/UKR/8) in undertaking legislative reforms, in particular the adoption of the following:

(a)Law No. 2229-VIII on preventing and combating domestic violence, in 2017;

(b)Law of Ukraine on Amendments to the Criminal Code and Criminal Procedure Code of Ukraine, in 2017, that introduced the criminalization of domestic violence and other forms of gender-based violence;

(c)Introduction of a definition of gender-based violence in the Law of Ukraine on Ensuring Equal Rights and Opportunities for Women and Men, in 2017.

5.The Committee welcomes the State party’s efforts to improve its institutional and policy framework aimed at accelerating the elimination of discrimination against women and promoting gender equality, such as the adoption or establishment of the following:

(a)State Strategy for Ensuring Equal Rights and Opportunities for Women and Men until 2030, in 2022;

(b)Code of Conduct for Employers Organizations on Gender Equality and Non-Discrimination, developed by the Confederation of Employers, in 2021;

(c)Instruction on Integrating Gender Approaches in the Development of Regulations, in 2020;

(d)Guidelines on Gender Impact Assessments for Sectoral Reforms, in 2020;

(e)Gender Equality Communication Concept, in 2020;

(f)List of Indicators for Monitoring Gender Equality, in 2020;

(g)Adoption of the action plan for the implementation of the Biarritz Partnership for Gender Equality, in 2020;

(h)Preparation of 25 gender profiles of regions and the city of Kyiv, in 2019;

(i)Appointment of a Government Commissioner for Gender Equality Policy, in 2017.

6.The Committee welcomes the fact that, in the period since the consideration of the previous report, the State party has ratified the Council of Europe Convention No. 210 (2011) on Preventing and Combating Violence against Women and Domestic Violence, in 2022.

C.Sustainable Development Goals

7. The Committee welcomes the international support for the Sustainable Development Goals and calls for the realization of de jure (legal) and de facto (substantive) gender equality, in accordance with the provisions of the Convention, throughout the process of implementing the 2030 Agenda for Sustainable Development. The Committee recalls the importance of Goal 5 and of the mainstreaming of the principles of equality and non-discrimination throughout all 17 Goals. It urges the State party to recognize women as the driving force of the sustainable development of the State party and to adopt relevant policies and strategies to that effect.

D.Parliament

8. The Committee stresses the crucial role of the legislative power in ensuring the full implementation of the Convention (see A/65/38 , part two, annex VI). It invites the Verkhovna Rada, the legislature or the parliament of Ukraine, in line with its mandate, to take necessary steps regarding the implementation of the present concluding observations between now and the submission of the next periodic report under the Convention.

E.Factors and difficulties preventing the effective implementation of the Convention

9.The Committee is deeply concerned that, since the beginning of the armed conflict in April 2014, and the occupation and unrecognized annexation of the Autonomous Republic of Crimea and the city of Sevastopol by the Russian Federation (see General Assembly resolutions 68/262and 71/205), the State party has been facing a dramatic situation marked by human suffering, economic instability and the rise of conflict-related violence, including sexual and other forms of gender-based violence, and insecurity. This situation has been further exacerbated by the military aggression by the Russian Federation against Ukraine on 24 February 2022 in violation of Article 2 (4) of the Charter, the continued war since then and the attempted illegal annexation of the Donetsk, Kherson, Luhansk and Zaporizhzhia regions of Ukraine by the Russian Federation through its decisions of 21 February and 29 September 2022, in violation of the territorial integrity and sovereignty of Ukraine and inconsistent with the principles of the Charter of the United Nations, following the illegal so-called referendums in the aforementioned regions within the internationally recognized borders of Ukraine (see Human Rights Council resolutions 49/1 and S-34/1 and General Assembly resolutions ES-11/1, ES-11/2 and ES-11/4).

10.The Committee is similarly concerned that the military attack against Ukraine has resulted in grave violations of human rights of Ukrainian women and girls, who are victims of attacks against civilians and civilian objects such as schools, kindergartens, medical and other essential civilian infrastructures, through the use of cluster munitions, air strikes and artillery, as well as of torture and other cruel, inhuman or degrading treatment, arbitrary and extrajudicial executions, enforced disappearances, gender-based violence, including sexual violence, forced transfers and forced displacements of populations. It notes that the military attack by the Russian Federation against Ukraine has a particularly severe impact on women and girls in disadvantaged situations, such as internally displaced women, rural women, older women, women with disabilities, Roma women, lesbian, bisexual, transgender and intersex women and women from other minorities, including Crimean Tatar women. The Committee recalls that some of these violations may amount to crimes against humanity, war crimes and other crimes under international law (see Human Rights Council resolution S-34/1).

11.The Committee notes with concern that the war against Ukraine and the occupation and unrecognized annexation of the Autonomous Republic of Crimea and the city of Sevastopol by the Russian Federation in 2014 and the ensuing armed conflict have created major obstacles to the implementation of the Convention in the State party. In that regard, it notes that the State party has no effective control over the areas controlled by Russian armed forces and affiliated armed groups. The Committee notes the measures taken by the State party to mitigate the adverse effect of the hostilities on civilians, including women and girls. At the same time, it recalls that the implementation of the Convention is the most effective safeguard to ensure full respect for, and the enjoyment of women’s rights, including in times of armed conflict. The Committee further underlines the crucial role of women as a force for peace and for rebuilding stability.

12. The Committee calls upon the State party to implement the recommendations contained in the present concluding observations, giving due consideration to its general recommendations No. 30 (2013) on women in conflict prevention, conflict and post-conflict situations and No. 32 (2014) on the gender-related dimensions of refugee status, asylum, nationality and statelessness of women. It recommends that the State party consider seeking international assistance, as needed, for the implementation of the recommendations, including technical assistance by the Committee.

F.Principal areas of concern and recommendations

Women and peace and security

13.The Committee notes as positive the adoption of the second national action plan for the implementation of Security Council resolution 1325 (2000) on women and peace and security, covering the period 2020 to 2025, as well as its recent revision to account for the exacerbation of the armed conflict since 24 February 2022. It further notes the provision of training on the women and peace and security agenda of the Security Council and on gender equality for Government officials and professionals in the security and defence sector (CEDAW/C/UKR/9, paras. 14, 25 and 32). The Committee further notes with appreciation the progress made by the State party in ensuring substantive equality of women and men in the military, including by increasing women’s access to military occupations and officer positions and by addressing gender stereotypes (CEDAW/C/UKR/9, para. 25). It also notes the participation of women in local dialogue initiatives in eastern Ukraine (CEDAW/C/UKR/9, para. 30). However, the Committee notes with concern that:

(a)Women have limited access to decision making in relation to the armed conflict despite their disproportionately high contribution to the humanitarian response;

(b)Women remain underrepresented in the security and defence sectors, in particular at the decision-making level, including in military and civilian positions in the Armed Forces of Ukraine, the Border Guard Service, the National Police, the State Emergency Service, the National Guard and among military contingents of the State party participating in international peacekeeping and security operations.

14. The Committee recalls its general recommendation No. 30 (2013) on women in conflict prevention, conflict and post conflict situations and recommends that the State party:

(a) Adopt the revisions of the second national action plan on women and peace and security and implement it within a clear time frame, with benchmarks and a gender-responsive budget, taking into account Security Council resolution 1325 (2000) and subsequent resolutions on women and peace and security; and ensure the meaningful participation of women at all stages of decision-making on the State party’s response to the armed conflict and in future peace and recovery processes;

(b) Continue to promote the equal participation of women in the security and defence sectors.

Conflict-related sexual violence

15.The Committee notes the establishment of mobile clinics in the most isolated locations along the contact line, operated by health professionals who have received training in recognizing signs of gender-based violence (CEDAW/C/UKR/9, para.122). However, it notes with concern the increasing number of acts of sexual violence against women and girls in conflict-affected areas, as well as in the temporarily occupied Autonomous Republic of Crimea and the city of Sevastopol, since the launch of the military attack against Ukraine. The Committee also notes with concern:

(a)The underreporting of cases of sexual violence due to stigma and fear of reprisals, among other reasons;

(b)The lack of information on reparations, including compensation, to women who are victims of conflict-related sexual violence;

(c)The limited number of investigations of cases of conflict-related sexual violence.

16. In line with the Convention and its general recommendation No. 30 (2013) on women in conflict prevention, conflict and post- conflict situations, the Committee urges the State party to:

(a) Prevent and respond to cases of conflict-related sexual violence, including through specialized mobile police units, the provision of capacity- building for central and regional level police officers, military personnel and other law enforcement officers, prosecutors and judges in order to ensure accurate prosecution of conflict-related sexual violence, including through continued technical assistance from the Team of Experts on the Rule of Law and Sexual Violence in Conflict, as well as the continuation of safety audits to assess the risk of sexual violence and sexual harassment in public spaces in conflict-affected areas and the work of the inter-ministerial working group established in May 2022 based on the Framework of Cooperation between the United Nations and the Government of Ukraine on the prevention of and response to conflict-related sexual violence;

(b) Provide adequate reparations to survivors of sexual and other forms of conflict-related gender-based violence against women and girls and accelerate the adoption of the Draft Law on the Amendments to Certain Legislative Acts of Ukraine Concerning Reparation for Pain and Grievance (2020);

(c) Comply with its due diligence obligation to prevent, investigate, prosecute and punish perpetrators of acts of sexual and other forms of conflict-related gender-based violence against women and girls by State and non-State actors, including by:

(i) Collecting evidence in cases of conflict-related sexual violence, in cooperation with civil society organizations and international investigative bodies, including for prosecution before international courts, and in line with the International Protocol on the Documentation and Investigation of Sexual Violence in Conflict;

(ii) Providing capacity- building on gender-sensitive international investigation standards to investigators and civil society organizations;

(iii) Rejecting demands for amnesty for persons suspected, accused or convicted of war crimes, crimes against humanity or grave violations of human rights, including conflict-related sexual violence.

Women living in conflict-affected areas and internally displaced women

17.The Committee welcomes the measures taken to avoid casualties among civilians, including women and girls, during hostilities, such as the implementation of the National Strategy on the Protection of Civilians in Armed Conflict, the establishment of a Civilian Casualties Prevention Working Group, and the collection of disaggregated statistical data on civilian injuries and deaths (CEDAW/C/UKR/9, para. 12). The Committee also notes the measures taken by the State party to strengthen access by women and girls living in conflict-affected areas and internally displaced women to social, legal and psychological assistance (CEDAW/C/UKR/9, paras. 46–50, 52–54 and 57–59). Nevertheless, the Committee notes with concern that:

(a)The reported cases of human rights violations committed against women and girls in conflict-affected areas;

(b)Women and girls living in conflict-affected areas and internally displaced women have limited access to justice, civil registrars, education, durable employment opportunities, social protection, health care, food, adequate water and sanitation, shelter and electricity due to the destruction of or severe damage to a large number of schools, health centres, and other essential infrastructure;

(c)The significant impact of the armed conflict on women’s and girls’ mental health.

18. In line with its general recommendation No. 30 (2013) on women in conflict prevention, conflict and post conflict situations, the Committee recommends that the State party:

(a) Provide systematic and mandatory training on women’s rights and gender equality to law enforcement officials and members of the Armed Forces of Ukraine, develop and ensure compliance by security sector actors with a code of conduct on the respect for human rights, and ensure that all women and girls survivors of conflict-related gender-based violence have access to support, including by the Centre for Assistance to Rescued Persons, whose branches should be extended to all conflict-affected regions of the State party, and that women and girls who are injured and/or have acquired a disability due to the war, receive support and rehabilitation services;

(b) Continue its efforts to provide access to justice, civil registrars, education, durable employment opportunities, social protection, health care, food, adequate water and sanitation, shelter and electricity to women and girls impacted by the hostilities, in cooperation with United Nations agencies and international organisations, including by increasing the number of regional and outpatient clinics, the reconstruction of schools and the use of distance-learning programmes;

(c) Continue to strengthen access to mental health services for women and girls affected by the armed conflict, including women working in the security and defence sectors, survivors of conflict-related gender-based violence and disadvantaged groups of women and girls, including women and girls with disabilities.

Access to justice

19.The Committee welcomes the provision of free legal aid to women (CEDAW/C/UKR/9, paras. 61, 63–66) and awareness raising about women’s rights under the Convention and available remedies (CEDAW/C/UKR/9, para. 62). However, it notes with concern that women and girls who are survivors of gender-based violence, including conflict-related sexual violence, are often reluctant to report such violence due to fear of stigma or reprisals.

20. The Committee, recalling its general recommendation No. 33 (2015) on women’s access to justice, recommends that the State party address the root causes of the underreporting of cases of gender-based violence against women and girls, including by providing effective protection and shelter to victims, providing capacity - building to judges, prosecutors, the police and other law enforcement officers on gender-sensitive investigation and interrogation methods, conducting awareness-raising campaigns to eliminate gender bias and destigmatization of women and girls survivors of gender-based violence, and by continuing the provision of free legal aid to survivors.

Legislative framework

21.Reiterating its previous concluding observations (CEDAW/C/UKR/CO/8, para. 21), the Committee notes with concern the insufficient harmonization of national legislation with international law, including the Rome Statute of the International Criminal Court.

22. The Committee recommends that the State party fully harmonize national legislation with international law, including international criminal law, by amending articles 433, 434 and 438 of the Criminal Code of Ukraine and adopting Draft Law No. 2689 of 27 December 2019, to include crimes against humanity in national legislation and bring the provisions on genocide and war crimes broadly in line with international standards.

National machinery for the advancement of women

23.The Committee notes the measures taken by the State party to ensure gender impact assessments of national legislation and the systematic monitoring of draft regulations by the Government Commissioner on Gender Policy (CEDAW/C/UKR/9, para. 81). The Committee also notes the information on the outcomes of the State Social Programme on Ensuring Equal Rights for Women and Men for the period up to 2021 (CEDAW/C/UKR/9, para. 84), the integration of a gender perspective in the draft Recovery Plan for Ukraine, and the introduction of gender-responsive budgeting at state and local levels. The Committee, however, notes with concern:

(a)The limited implementation of public policies on gender equality and the absence of comprehensive monitoring and evaluation mechanisms;

(b)The failure to integrate a gender perspective in local governance strategies (CEDAW/C/UKR/9, para. 95);

(c)The absence of a monitoring mechanism for the appointment and performance of Gender Equality Units and Gender Advisors, at all levels of public administration;

(d)The lack of sex-disaggregated data in some areas covered by the Convention and the failure to make such data publicly available;

(e)The risk of roll-back of achievements in gender equality in the current conflict context and insufficient coordination mechanisms to ensure a gender-equality approach in current humanitarian assistance programmes and future recovery efforts.

24. The Committee recommends that the State party:

(a) Establish mechanisms to monitor the implementation of gender equality and anti-discrimination policies in all areas covered by the Convention, including through the adoption of specific implementation time frames and targets, and strengthen human, technical and financial resources to implement such policies;

(b) Integrate gender equality into local governance strategies;

(c) Ensure the appointment of Gender Advisors and of Gender Equality Units and provide them with adequate mandates, authority and capacity-building measures, as well as human, technical and financial resources;

(d) Ensure the systematic collection of sex-disaggregated data in all areas covered by the Convention, including in the area of gender-based violence against women and the protection of rights of disadvantaged groups of women, based on the Indicators for Monitoring Gender Equality ( CEDAW/C/UKR/9 , para. 3) and relevant Sustainable Development Goal indicators ( CEDAW/C/UKR/9 , para. 6), and publish such data, in line with the Open Government Partnership Initiative (2021);

(e) Ensure a priority on gender equality and women’s empowerment in all current assistance programmes and in all future efforts to consolidate the rule of law and to achieve recovery, and with this aim, establish a cross-sectoral mechanism with gender parity at all levels of decision-making, composed of relevant State institutions at all levels and representatives of civil society, international organisations and other States parties, that currently support the State party on its path towards a comprehensive and lasting peace.

Temporary special measures

25.The Committee recognizes the temporary special measures in place in favour of disadvantaged groups of women and to accelerate substantive equality of women and men in employment (CEDAW/C/UKR/9, paras. 96–98). It nevertheless notes with concern the limited use of temporary special measures in other areas covered by the Convention, where women are underrepresented or disadvantaged, such as political and public life, employment, and entrepreneurship.

26. In line with article 4 (1) of the Convention and the Committee’s general recommendation No. 25 (2004) on temporary special measures, the Committee recommends that the State party:

(a) Adopt temporary special measures, such as statutory quotas and preferential recruitment of women, to accelerate substantive equality of women and men in all areas where women are underrepresented or disadvantaged, such as political and public life, employment and economic empowerment, including a specific focus on disadvantaged groups of women;

(b) Accelerate the adoption and implementation of temporary special measures, envisaged in the Operational Plan (2022–2024) for the implementation of the State Strategy for Ensuring Equal Rights and Opportunities for Women and Men for the period up to 2030.

Stereotypes

27.The Committee notes the measures taken by the State party to combat discriminatory gender stereotypes in the media, including awareness-raising campaigns (CEDAW/C/UKR/9, paras. 104 and 105). However, it notes with concern persistent stereotypes on the patriarchal roles and responsibilities of women and men in the family and in society in the State party and objectification and sexist portrayals of women in the media. In that regard, the Committee also notes with concern the delays in the adoption of the draft legislation to combat discriminatory gender stereotypes in the media and in advertisements.

28. The Committee recommends that the State party conduct educational and awareness-raising campaigns to address stereotypes on the roles and responsibilities of women and men in the family and in society, accelerate the adoption of the draft legislation to combat discriminatory gender stereotypes in the media and encourage media professionals to convey positive portrayals of women as driving forces of change in political, economic and social life in the State party.

Gender-based violence against women

29.The Committee notes the issuance in 2020 of the Decree on Urgent Actions to Prevent and Combat Domestic Violence and Gender-Based Violence and to Protect the Rights of Victims of Such Violence and the approval in 2019 of the Procedure for the Carrying Out and Documentation of Medical Examination of Victims or Possible Victims of Domestic Violence and Gender-Based Violence and Providing Medical Care to them. It also welcomes the measures taken to provide capacity-building programmes for judges, prosecutors, police officers and other law enforcement officers to support women victims of gender-based violence (CEDAW/C/UKR/9, paras. 39 to 42). The Committee further notes that the Expert Council on Preventing and Combating Gender-Based Discrimination is mandated to issue expert assessments of cases of gender-based violence and that the State party provides free legal aid to victims of domestic violence and other forms of gender-based violence (CEDAW/C/UKR/9, para. 65) and deploys mobile teams to the regions, which provide social and psychological assistance to women victims of gender-based violence (CEDAW/C/UKR/9, paras. 119–122, 127). However, the Committee notes with concern:

(a)The lack of harmonization of national legislation with the recently ratified Council of Europe Convention No. 210 on Preventing and Combatting Violence against Women and Domestic Violence (2011);

(b)That the Criminal Procedure Code does not provide for ex officio prosecution of gender-based violence against women, including sexual violence;

(c)The high incidence and low number of cases of domestic violence, in which emergency restraining orders are issued (CEDAW/C/UKR/9, para. 116);

(d)The limited number of police mobile teams for domestic violence response (CEDAW/C/UKR/9, para. 123) and the increased risk of intimate partner violence due to the traumatic experiences of women, men and children during the armed conflict;

(e)The lack of shelters for victims of domestic violence in 7 of the 25 regions of the State party (CEDAW/C/UKR/9, para. 128);

(f)The delay in adopting draft legislation on reparations for victims of gender-based violence against women and girls;

(g)The limited availability of disaggregated data on the number of reports, investigations, prosecutions and convictions in cases of gender-based violence against women and girls in the State party, including domestic violence, and on the sentences imposed on perpetrators.

30. Recalling its previous recommendations ( CEDAW/C/UKR/CO/8 , para. 29) and its general recommendation No. 35 (2017) on gender-based violence against women, updating general recommendation No. 19, the Committee recommends that the State party:

(a) Amend its legislation to harmonize it with the Council of Europe Convention No. 210 on Preventing and Combating Violence against Women and Domestic Violence (2011) and raise awareness among judges, prosecutors, law enforcement officers and the public, particularly women and girls, on Convention No. 210;

(b) Ensure that the authorities adequately respond to all cases of gender-based violence against women and girls, including by applying, as appropriate, ex officio prosecution, to bring alleged perpetrators to trial in a fair, impartial, timely and expeditious manner and imposing adequate penalties;

(c) Ensure that women victims of domestic violence have effective access to protection orders, including emergency restraining orders, effectively enforce and impose adequate penalties for non-compliance with such orders and implement the State programme on preventing and combating domestic and gender-based violence for the period 2018 to 2023;

(d) Increase the number of police mobile teams for domestic violence response to cover all regions of Ukraine and strengthen mental health services for women in the armed forces;

(e) Ensure that all women and girl victims of gender-based violence in the State party have access to adequate shelters, legal assistance, free of charge if necessary, health care, especially mental health services, including rural women, internally displaced women, women with disabilities, women who use drugs and other disadvantaged groups of women;

(f) Adopt national legislation to ensure that women and girls who are victims of violence have access to immediate means of redress and protection;

(g) Strengthen the collection of comprehensive data on gender-based violence against women and girls, disaggregated by age, sex, relationship between the victim and the perpetrator and other sociodemographic characteristics, such as disability, to better inform policies and strategies to combat gender-based violence against women and girls, including sexual violence.

Trafficking and exploitation of prostitution

31.The Committee notes that the State party provided capacity-building support to the judiciary, law enforcement officers, border police, immigration authorities, social workers and health professionals for the early identification and referral of victims of trafficking in persons, in particular women and girls, to appropriate gender-sensitive services. The Committee nevertheless notes with concern:

(a)The continued high prevalence of trafficking in women and girls to, from and within the State party, including the high numbers of women and girls trafficked for purposes of sexual exploitation (CEDAW/C/UKR/9, para. 145);

(b)The limited capacity of the State party to protect women and girls living in non-government-controlled areas of the State party, as well as girls residing in State-run orphanages and Roma girls without identity documents;

(c)The limited capacity of the State party to protect refugee women and girls from being trafficked, including for sexual purposes;

(d)The limitation to a lump sum of financial assistance to victims of trafficking and to three months of the stay of victims in Government-sponsored housing, unless they cooperate with the prosecution authorities (CEDAW/C/UKR/9, paras. 143–144).

32. Recalling its general recommendation No. 38 (2020) on trafficking in women and girls in the context of global migration, the Committee recommends that the State party:

(a) Ensure the enforcement of the Law of Ukraine on Combating Trafficking in Human Beings and related regulations ( CEDAW/C/UKR/9 , para. 138) and the full implementation of the concept of the State Social Programme on Combating Trafficking in Human Beings up to 2025 (2020), provide adequate human technical and financial resources to the national coordination mechanism and local coordination councils, and establish a data collection system;

(b) Strengthen its efforts to address the risk of human trafficking for women and girls residing in conflict-affected areas, refugee women and girls, girls in institutions and Roma girls, strengthen services to provide identity documents to girls in State-run institutions and Roma girls, and enhance awareness-raising activities and bilateral, regional and international cooperation with States of transit and destination of Ukrainian refugee women and girls to prevent trafficking;

(c) Ensure cooperation with regional and international organizations to prevent trafficking in Ukrainian refugee women and girls, and assist victims;

(d) Provide temporary housing beyond three months to women and girls who are victims of trafficking, irrespective of their ability or willingness to cooperate with the prosecution authorities, and provide free legal aid, access to adequate reparations, protection, shelters, housing, social protection, educational and employment opportunities, health care, psychosocial counselling and identity documents, and facilitate their access to family reunification and asylum procedures.

Equal participation in political and public life

33.The Committee notes that a number of local councils in the State party have joined the European Charter for Equality of Women and Men in Local Life. It nevertheless notes with concern that:

(a)Women remain underrepresented in the Verkhovna Rada of Ukraine and in regional, district and city councils and that their representation has decreased in settlement and village councils (CEDAW/C/UKR/9, paras. 155–157);

(b)Women’s representation at senior levels of the public service remains unchanged and that although the number of women in high-level positions in the diplomatic service has increased, it remains disproportionately low (CEDAW/C/UKR/9, paras. 78, 84 and 158);

(c)Women in political and public life reportedly face misogynist public discourse by male politicians, political commentators and media professionals that perpetuate discriminatory gender stereotypes.

34. Reiterating its previous recommendations ( CEDAW/C/UKR/CO/8 , para. 33), and recalling its general recommendation No. 23 (1997) on women in political and public life, the Committee recommends that the State party:

(a) Continue capacity-building activities for women politicians and candidates at the local government level ( CEDAW/C/UKR/9 , para. 160), extend such capacity-building on negotiation and leadership skills and provide campaign financing for women candidates at all levels, with an emphasis on internally displaced women, women belonging to national minorities and women with disabilities, and support local councils wishing to join and implement the European Charter for Equality of Women and Men in Local Life;

(b) Adopt temporary special measures, such as quotas and a gender parity system in the public and foreign services, in line with article 4 (1) of the Convention and the Committee’s general recommendation No. 25 (2004) on temporary special measures, to ensure equal representation of women in the public service and foreign service, especially at decision-making levels;

(c) Strengthen measures to prevent harassment of women in political and public life and raise awareness among politicians, the media and the general public that the full, equal, free and democratic participation of women on an equal basis with men in political and public life is a requirement for the effective implementation of the Convention and the political stability and economic development of the country.

Nationality

35.The Committee welcomes the fact that the State party has simplified birth registration procedures for Ukrainian women and girls abroad in the current context of displacement and for those living in non-government-controlled parts of the territory of the State party. However, the Committee notes with concern that:

(a)Ukrainian women, who give birth in non-government-controlled areas or outside of the State party, continue to face onerous requirements and deadlines for applying for birth registration and child allowances;

(b)Ukrainian women with Russian passports reportedly face barriers to access pension and other social benefits.

36. With reference to its general recommendation No. 32 (2014) on the gender-related dimensions of refugee status, asylum, nationality and statelessness of women, the Committee recommends that the State party:

(a) Facilitate birth registration by young mothers, who give birth abroad or in non-government-controlled parts of the State party, and mandate consulates and local administrations near the contact line to issue birth certificates to the children of Ukrainian women and girls and to facilitate access to child allowances;

(b) Amend Cabinet of Ministers resolution No. 234 on the procedure for paying pensions and providing social services to citizens of Ukraine living in the territory of the Autonomous Republic of Crimea and the city of Sevastopol (2014) to ensure the provision of pensions and other social benefits to Ukrainian women, regardless of their place of residence and whether they have acquired a passport of the Russian Federation.

Education

37.The Committee welcomes the introduction of the mandatory review of State-sponsored educational materials to remove discriminatory content (CEDAW/C/UKR/9, para. 165), the inclusion of gender studies at all levels of education (CEDAW/C/UKR/9, para. 174) and the efforts made to encourage girls’ education in non-traditional fields of study (CEDAW/C/UKR/9, paras. 168–170). The Committee, however, is concerned about:

(a)The decrease in the number of teachers, the closure or merging of schools and the gender digital divide, particularly in rural areas;

(b)The fact that not all textbooks and teaching materials have been reviewed to eliminate discriminatory gender stereotypes (CEDAW/C/UKR/9, para. 166), including victim-blaming for gender-based violence against women and girls, and/or inadequate presentation of women’s contributions to politics, science or other areas of society in history books;

(c)The concentration of women and girls in traditionally female-dominated fields of study;

(d)The continued low school attendance and completion rates among Roma girls (CEDAW/C/UKR/9, para. 178) and the barriers faced by children with disabilities, including girls with disabilities, in the education system.

38. Recalling its general recommendation No. 36 (2017) on the right of girls and women to education, the Committee recommends that the State party raise awareness of the importance of girls’ education at all levels as a basis for their empowerment, and:

(a) Continue implementing the recommendations on equal access to education in the Strategy for Integrating Gender Equality in Education up to 2030 (2020) and ensure adequate educational infrastructures and continued digital literacy programmes in rural areas;

(b) Ensure the use of gender-sensitive language and non-discriminatory portrayals of women in textbooks and education materials at all levels of education, place emphasis on women’s contributions to politics, science and other areas of society, and promote non-violent masculinities, including by extending the mandatory review of educational materials to materials used for online teaching and to schoolbooks published without public funds;

(c) Promote women’s and girls’ participation in non-traditional fields of study and career paths, in particular in science, technology, engineering and mathematics and information and communication technology;

(d) Strengthen its awareness-raising campaigns and introduce further measures to increase school enrolment, retention and completion rates among Roma girls and women and girls with disabilities, including through the implementation of the Strategy for Promoting the Rights and Opportunities of Persons Belonging to the Roma National Minority in Ukrainian Society for the period up to 2030 (2021) and of the National Strategy for the Creation of Barrier-Free Space in Ukraine, respectively.

Employment

39.The Committee welcomes the abolishment of the list of more than 450 professions prohibited for women (CEDAW/C/UKR/9, para. 184) and the approval of guidelines for gender audits in enterprises, institutions, and organizations (2021). The Committee nevertheless notes with concern:

(a)The increase in the unemployment rate among women and the high numbers of unemployed young women (CEDAW/C/UKR/9, paras. 180 and 181);

(b)The continued horizontal and vertical segregation in the labour market and the high concentration of women in low-paid jobs, in the informal sector and in positions in the formal sector, for which the employer does not declare income for tax and social protection purposes;

(c)The orientation of women and girls to traditionally female-dominated occupations in career guidance at the educational level and in programmes for unemployed women (CEDAW/C/UKR/9, para. 182);

(d)The persistent gender pay gap (CEDAW/C/UKR/9, para. 197), despite its slight decrease and continued efforts to reduce it by the State party;

(e)The absence in legislation explicitly prohibiting sexual harassment in the workplace;

(f)The persistently low number of men availing themselves of parental leave while the child is under 3 years of age (CEDAW/C/UKR/9, para. 84).

40. With reference to its previous recommendations ( CEDAW/C/UKR/CO/8 , para. 37), the Committee recommends that the State party:

(a) Reduce unemployment among women, including through targeted measures by the State Employment Service and the Ministry for Development of Economy, Trade and Agriculture ( CEDAW/C/UKR/9 , para s . 185 – 188), with an emphasis on unemployed internally displaced women, single mothers, young mothers, older women, rural women, women with disabilities, lesbian, bisexual, transgender and intersex women, women who use drugs, Roma women and women living in conflict-affected areas of the State party;

(b) Take steps to eliminate horizontal and vertical occupational segregation, including by adopting temporary special measures, such as vocational training and quotas, to promote women’s access to formal employment, including leadership positions, and employment in the sectors previously prohibited to women, and to ensure that employers declare the income of all women employees for tax and social protection purposes;

(c) Eliminate gender stereotypes in career orientation, including by conducting training to address discrimination against women in the workplace for employment centres, labour inspectorates, employers’ organizations and trade unions ( CEDAW/C/UKR/9 , para. 183);

(d) Effectively enforce the principle of equal pay for work of equal value in both the public and private sectors, in order to narrow and eventually close the gender pay gap, by enshrining the principle in national legislation and regularly reviewing wages in sectors where women are concentrated and adopt measures to close the gender pay gap, including through gender-neutral analytical job classification and evaluation methods, and regular pay surveys;

(e) Amend the Labour Law to explicitly prohibit sexual harassment in the workplace, and impose adequate penalties on those responsible, and adopt measures to prevent discrimination and sexual harassment in the workplace, including through regular labour inspections, gender audits of companies and by developing a system for filing complaints, ensuring that victims have effective access to redress and implementing the Guidelines on including in collective agreements provisions that aim to ensure equal rights and opportunities for women and men in labour relations (2020) ( CEDAW/C/UKR/9 , para. 200);

(f) Promote the equal sharing of domestic and childcare responsibilities between women and men, including by increasing the number of adequate childcare institutions and promoting the value and use of parental leave through awareness-raising campaigns, and allocate the necessary human, technical and financial resources to fully implement the Workers with Family Responsibilities Convention, 1981 (No. 156), of the International Labour Organization;

(g) Ratify the ILO Maternity Protection Convention, 2000 (No. 183), the ILO Domestic Workers Convention, 2011 (No. 189) and the ILO Violence and Harassment Convention, 2019 (No. 190).

Health

41.The Committee notes the adoption of the strategy to combat HIV/AIDS, tuberculosis and viral hepatitis C for the period up to 2030, in 2019. It also welcomes the measures taken by the State party to establish a network of perinatal centres and ensure that women living with HIV have access to adequate health care and social protection (CEDAW/C/UKR/9, paras. 217, 222, 225–226). The Committee is nevertheless concerned about:

(a)The limited access of women and girls to high-quality health-care services, including sexual and reproductive health services and mental health services, in particular in conflict-affected areas of the State party, especially for women requiring specific medication and treatment, such as older women, women with chronic diseases, women with HIV/AIDS, and the increase in the maternal mortality rate (CEDAW/C/UKR/9, para. 218);

(b)The challenges that refugee and asylum-seeking women and girls from Ukraine sometimes face to access safe abortion services in countries of transit or destination.

42. Recalling its previous recommendations ( CEDAW/C/UKR/CO/8 , para. 39), the Committee recommends that the State party:

(a) Continue its efforts to ensure access to high-quality health-care services, including sexual and reproductive health services and mental health services, for all women, including women requiring specific medication or treatment, as well as rural women, women living in poverty, Roma women, internally displaced women and women living in conflict-affected areas of the State party, and continue its measures to ensure adequate prenatal, natal and postnatal care, including through the implementation of relevant clinical protocols ( CEDAW/C/UKR/9 , para. 219);

(b) Provide relevant information and support to refugee and asylum-seeking women and girls from Ukraine who may face barriers to access safe abortion services in countries of transit or destination.

Economic and social benefits

43.The Committee commends the State party for the specific measures taken during the coronavirus (COVID-19) pandemic to support women entrepreneurs, low-income families and internally displaced women (CEDAW/C/UKR/9, paras. 244–248). It also welcomes the provision of social benefits to single mothers, older women, rural women, women with disabilities, unemployed women, Roma women, internally displaced women and homeless women (CEDAW/C/UKR/9, paras. 229–232 and 236–241). The Committee further notes the establishment of 14 new Administrative Service Centres to provide social and administrative services in the Donetsk and Luhansk regions and of 16 mobile centres providing such services to women with disabilities, rural women and older women (CEDAW/C/UKR/9, para. 235). However, the Committee notes with concern:

(a)The closure of many businesses since 24 February 2022, including businesses owned by women;

(b)The feminization of poverty, in particular in the conflict-affected areas;

(c)The lack of adequate housing for internally displaced women, including women with disabilities and older women, and the need for durable solutions for internally displaced women, including women, whose houses have been destroyed.

44. The Committee recommends that the State party:

(a) Promote entrepreneurship among women, increase their access to low-interest loans without collateral and other forms of financial credit, create an enabling environment for women entrepreneurs in all sectors, including science, finance and communications and information technologies, and ensure the equal and meaningful participation of women in all reconstruction efforts, targeting particularly rural women and women from conflict-affected areas of the State party;

(b) Ensure sufficient public funding and gender-sensitive budgeting to guarantee adequate access to social protection for disadvantaged or marginalized groups of women, in particular single mothers, older women, rural women, unemployed women, women engaged in unpaid care work, Roma women, internally displaced women and women living in conflict-affected areas, including by continuing to provide services under the National Social Protection System and by facilitating access to social benefits through digital means for refugee and internally displaced women;

(c) Ensure durable solutions for internally displaced women, with a particular focus on women and girls with disabilities, older women and women with children, and adopt legislation to ensure that women whose property was destroyed have access to financial compensation.

Marriage and family relations

45.The Committee welcomes the amendments to improve the enforcement of alimony payments in 2017 and the payment of temporary government benefits to women who do not receive alimony payments for their child (CEDAW/C/UKR/9, para. 233). It nevertheless notes with concern:

(a)The continuing occurrence of child marriage, in particular in the context of early pregnancy and within Roma communities, despite legislation setting the minimum age of marriage at 18 years for both women and men;

(b)That incidents of domestic violence are not taken into account in court decisions on child custody and visitation rights;

(c)Reports of cases where women with disabilities and women who use drugs have been deprived of the custody of their children;

(d)The risk of exploitation of women acting as surrogates due to poverty and a lack of alternative income-generating opportunities, and the situation of surrogate women and children born to them during the war;

(e)Reported cases of women with disabilities who have been pressured and harassed into marrying men seeking to leave the State party as personal assistants;

(f)The lack of support and services offered to parents of children with disabilities, including mothers of children with disabilities, for assuming their guardianship and custody in order to avoid their institutionalisation.

46. The Committee, recalling its general recommendation No. 21 (1994) on equality in marriage and family relations, its general recommendation No. 29 (2013) on the economic consequences of marriage, family relations and their dissolution and its previous concluding observations ( CEDAW/C/UKR/CO/8 , para. 48), recommends that the State party:

(a) Amend its national legislation to repeal any exceptions to the minimum age of marriage of 18 years for both women and men and continue conducting awareness-raising campaigns, including among Roma women and girls, and provide age-appropriate and inclusive education on sexual and reproductive health and rights, including education on modern forms of contraception, to adolescent girls and boys to prevent early pregnancy as a root cause of child marriage;

(b) Ensure that incidents of domestic violence are taken into consideration in court decisions on child custody and visitation rights, and sensitize the judiciary on the impact of such violence on children’s development;

(c) Provide support to mothers with disabilities and mothers who use drugs and refrain from automatically depriving them of custody of their children;

(d) Adopt a legislative framework to regulate surrogacy in order to protect women acting as surrogates from exploitation, coercion, discrimination and trafficking;

(e) Adopt legal safeguards to protect women with disabilities from forced marriages under harassment;

(f) Provide the necessary support and services to parents of children with disabilities, including mothers of children with disabilities, to ensure their custody and care in a family environment.

Amendment to article 20 (1) of the Convention

47. The Committee encourages the State party to accept the amendment to article 20 (1) of the Convention concerning the meeting time of the Committee.

Beijing Declaration and Platform for Action

48. The Committee calls upon the State party to use the Beijing Declaration and Platform for Action and to further evaluate the realization of the rights enshrined in the Convention in order to achieve substantive equality of women and men.

Dissemination

49. The Committee requests the State party to ensure the timely dissemination of the present concluding observations, in the official language(s) of the State party, to the relevant State institutions at all levels (national, regional, local), in particular to the Government, the Verkhovna Rada and the judiciary, to enable their full implementation.

Ratification of other treaties

50. The Committee notes that the adherence of the State party to the nine major international human rights instruments would enhance the enjoyment by women of their human rights and fundamental freedoms in all aspects of life. The Committee therefore encourages the State party to ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights.

Follow-up to concluding observations

51. The Committee requests the State party to provide, within two years, written information on the steps taken to implement the recommendations contained in paragraphs 12, 16 (c) (i) and 32 (b) above.

Preparation of the next report

52. The Committee will establish and communicate the due date of the tenth periodic report of the State party in line with a future predictable reporting calendar based on an eight-year review cycle and following the adoption of a list of issues and questions prior to reporting, if applicable, for the State party. The report should be submitted on time and cover the entire period up to the time of its submission.

53. The Committee requests the State party to follow the harmonized guidelines on reporting under the international human rights treaties, including guidelines on a common core document and treaty-specific documents (see HRI/GEN/2/Rev.6 , chap. I).