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We demand equal rights!
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August 21st, 2006
OPEN LETTER FROM LEADERS OF NON-GOVERNMENTAL AND CHARITABLE ORGANIZATIONS OF GAYS AND LESBIANS OF UKRAINE
Honourable Mr. President,
Dear Member of Parliament and Government,
Holy Fathers,
Ladies and gentlemen,
We, the leaders of non-governmental and charitable organizations working for gays and lesbians in Ukraine, appeal to you with this letter in response to the recent initiative of His Excellency Lubomir Huzar, Head of the Ukrainian Greek Catholic Church, which was put forward by him on June 2nd this year at the session of the All-Ukrainian Council of Churches & Religious Organisations. Cardinal Huzar proposed to elaborate and adopt amendments to current legislation, which would entrench the concept of a "married couple" as a union exclusively between a man and a woman, and which would legislatively define the concept of "sexual minorities". This would allegedly serve to prevent the creation of same-sex families in Ukraine, legalisation of same-sex marriage and up-bringing of children in such families.
We treat all religious organizations, registered in Ukraine, with respect and tolerance. Undoubtedly, both the Ukrainian Greek Catholic Church and other religious organizations have the right to formulate and publicly express their opinion on homosexuality and homosexual behaviour. However, it is necessary to consider that any intolerant statements can provoke incitement of hate towards homosexual citizens and can lead to violence against them.
Some Members of Parliament from the newly elected Verkhovna Rada believe that "the representatives of sexual minorities are not active on the issue of same-sex marriage and do not pose appropriate demands to the society". This view is, obviously, quite false. On the contrary, we adhere to a consistent, active and open pro position on this issue.
The number of gays and lesbians in our country reaches at least one million people; the state and non-governmental organizations must not neglect this fact. Same-sex families existed, exist and will continue to exist in Ukraine, and homosexual citizens give birth to children and bring them up.
Ladies and gentlemen, families are created not as a result of registration of marriage in the registry offices and not as a result of church ceremonies: families are born through love and are a form of living together on the basis of mutual help and mutual respect. Children are born into this world regardless of whether their parents have a marriage certificate, as well as regardless of their parents' sexual preferences. But some substantial differences distinguish a same-sex couple from a traditional one: homosexual family doesn't exist de-jure in our country, it exists only de-facto; homosexual family is absolutely not protected by the Ukrainian legislation, and as such does not receive any state support, although gays and lesbians pay the same taxes to the state and must have the same rights as their heterosexual co-citizens.
People of homosexual orientation are born and are raised, for the larger part, in "traditional" families. The birth of children in heterosexual families is not at all an obstacle for the formation of their homosexuality. At the same time, abundant research, conducted in the Western countries, has proved that the children in homosexual families grow up heterosexual - approximately in the same percentage as in the case of opposite-sex parents.
We emphasise that homosexuality is neither a disease, nor a personality disorder, nor, moreover, a criminal offence, and demand a civilized attitude to the people of homosexual orientation, following the example of most countries of the free democratic world. Fully qualified same-sex marriages or a registered partnership for same-sex couples became a standard for developed Western countries. Out of 15 "old" EU member states marriage or registered partnership are introduced in nine countries; out of ten "new" EU member states the institution of registered partnership for same-sex couple is introduced in two countries. These are current data, but every year the number of countries, which grant their homosexual citizens support and the right to fully qualified family relationships, is increasing.
The introduction of the institution of marriage for same-sex couples took place in such very religious countries as Belgium and Spain, but this did not lead to negative economic or social consequences. Even in Catholic Italy the new government promises to adopt a law on registered partnerships in the nearest future. Ukraine's closest neighbour, Hungary, plans to do likewise. Granting the whole fullness of family rights (along with appropriate responsibilities) to homosexual partners is an obvious, logical and irreversible tendency in democratic civil societies.
Ladies and gentlemen, current national legislation already states, "a marriage is a family union of a woman and a man" (Article 21 of the Family Code of Ukraine). We suggest not to revise this definition, but to introduce registered partnership for same-sex couples in Ukraine. This will allow tens of thousands of Ukrainian homosexual families to legalise themselves, to obtain social and economic rights, to feel the support and care of the state.
In order to solve this problem there is a need for the expression of political will. The state's neglect of the pressing needs of the gay and lesbian community will increase social tension in the society, will slow down Ukraine's integration into the democratic European and world community. The state should pay due attention to the entrenchment of gay and lesbian rights also in the context of adapting national legislation to the international legal norms. We do not need special rights; we require a possibility to make full use of our lawful, fundamental rights and liberties, which would be equipped with effective means of implementation.
We cannot help mentioning the positive shifts in this direction, which are already initiated at the level of government and parliament. Thus, the draft of the new Labour Code of Ukraine, submitted by the Cabinet of Ministers to be considered by the Verkhovna Rada (registration number 1038-1), envisages a direct prohibition of discrimination in the labour sphere on the basis of sexual orientation. Besides, the draft law No. 8590 is being considered by the parliament, which proposes the introduction of criminal responsibility for discriminatory actions towards citizens on the basis of their sexual orientation, as well as for inciting hostility or hatred to people on the same basis.
Thus, the Ukrainian government has already initiated activity, aiming at not allowing any discrimination on the basis of sexual orientation, in the spirit of requirements of European Parliament Resolution on the European Union's common strategy towards Ukraine, dated March 15th, 2001 No. C5-0208/2000-2000/2116 (COS) and in compliance with other documents, valid for Ukraine, by European and international institutions.
But the measures taken at the government level are so far, regrettably, not enough.
Proceeding from the above stated, we demand:
- to introduce a legislative prohibition of discrimination on the basis of sexual orientation in all spheres of public life;
- to legalise civil partnership for people of homosexual orientation;
- to grant homosexual families the whole fullness of social and economic rights on a par with heterosexual married couples;
- to recognise as valid same-sex marriages between citizens of Ukraine or between citizens of Ukraine and foreigners, lawfully contracted in another country, as well civil partnerships, lawfully registered abroad;
- to introduce state-level programmes of social support for gays and lesbians;
- to take into account the rights and needs of gays and lesbians while drafting and implementing normative and legislative acts.
In the context of our demands we call upon all subjects of legislative initiative - Members of Parliament, President and government of Ukraine - to work out and adopt, in the nearest future, the appropriate official decision, and upon bodies of executive power and local self-government - to effectively implement them. In our turn, we declare the readiness to provide all necessary assistance for their qualified elaboration and consequent implementation.
We call upon representatives of all religious denominations to respect our civil position and to treat us with tolerance and in the spirit of brotherly love.
We are open for communication and are always ready to enter a constructive dialogue with any bodies of state power, civil institutions, political parties, religious organizations and other unions of citizens.
We are deeply convinced that the prosperity of the society, the level of welfare and the quality of life are in direct dependency on a respectful attitude to every member of the society. In a democratic country, the priority of the state policy is the securing of rights and liberties for all people, whatever their sexual orientation is, whatever political, ideological or religious convictions they adhere to, in particular - the guarantee of a human being's right to life, personal and family well-being, the freedom of speech and the freedom of worship.
We are confident that a new 21st Century way of state thinking should be entrenched in Ukraine, according to which citizens will not be divided into "our own" and "alien", "good" and "bad", "right" and "wrong", - a way of state thinking, according to which, instead, the equality of all citizens' rights and liberties will be recognized and implemented in practice, and human honour and dignity and full participation will serve as the highest social values.
Yours faithfully,
Gay.Org.Ua