Дискусійні питання забезпечення прав і свобод ЛГБТ осіб в Україні

The article analyzes the controversial issues of ensuring the rights and freedoms of LGBT persons in Ukraine. It is emphasized that in the difficult conditions of martial law, considerable attention is paid to the protection of the rights of vulnerable categories of citizens, but the situation with the rights and freedoms of LGBT persons in Ukraine looks ambiguous. On the one hand, Ukraine has taken certain steps to overcome discrimination against such persons. On the other hand, there are significant discrepancies between the declared rights and the actual mechanisms for their enforcement. It is noted that as of the end of 2024, sexual orientation and gender identity have not been enshrined as protected characteristics in the Constitution of Ukraine. Similarly, the right to change (correct) gender identity has not found proper legal regulation. It is determined that Ukraine belongs to the majority of countries that have not yet included provisions on non-discrimination and equality of rights and freedoms of LGBT persons in their constitutional laws. At the same time, attention is drawn to the gradual increase in the number of countries that guarantee the rights and freedoms of LGBT persons at the legislative level. The importance of Ukraine’s accession to the best democratic practices to ensure equal and impartial treatment of all categories of citizens is emphasized. It is emphasized that in the post-war period, it may be appropriate to consider amending Article 24 of the Constitution of Ukraine to expand the list of grounds on which a person is protected from discrimination by highlighting sexual orientation and gender identity. It also points to the possibility of optimizing the procedure for changing (correcting) gender identity for Ukrainian citizens, in accordance with the recommendations set out in the International Statistical Classification of Diseases and Related Health Problems (ICD-11) and the relevant amendments and additions to Article 51 of the Fundamentals of Ukrainian Healthcare Legislation. It is noted that the expediency of establishing a specialized institution to ensure the rights and freedoms of LGBT persons in Ukraine requires careful consideration by politicians, human rights defenders and representatives of LGBT organizations. In general, it is concluded that the protection of the rights and freedoms of LGBT persons in Ukraine remains insufficiently effective.