NATIONAL DIALOGUE IN UKRAINE ON THE INTERNATIONAL DAY FOR THE ELIMINATION OF VIOLENCE AGAINST WOMEN

On 27 November 2023, at the initiative of CO "100% Life", CO "Positive Women", CO "LEGALIFE-UKRAINE", and All-Ukrainian association of Drug-Addicted Women "VONA / «SHE», a discussion of international experience in combating various forms of violence against women was held, presentation of national legislative initiatives in the field of combating violence, development of common approaches to advocacy of legislative initiatives within the framework of the NATIONAL DIALOGUE FOR THE INTERNATIONAL DAY FOR THE ELIMINATION OF VIOLENCE AGAINST WOMEN.

The dialogue was structured in three main areas: HIV response, combating stigma and discrimination against women from vulnerable communities, and combating obstetric violence.

The main issues raised for discussion and speakers:

1. Struggle for cancer prevention. Vaccination against human papillomavirus - the issue of access and cost of cancer prevention. Search for government support, education among women and doctors.

Speaker - Valeri Rachynska (Валері Рачинська), director of Human Rights, Gender and Community Development at CO "100% Life".

• Violation of human rights of sex workers and problems of availability of medical services. Decriminalisation of sex work and overcoming stigma and discrimination against sex workers.

Speaker - Natalia Dorofeeva (Наталія Дорофєєва), an analyst at the CO "Legalife-Ukraine":

"...the existing legislation does not protect either sex workers or women who may be or have already been forced into slavery. It does not protect them, but only makes their lives even more difficult and dangerous.  SWs are constantly faced with unjustified detentions, blackmail, threats and protection by law enforcement, and reports of crimes committed against them are often ignored.  62% of SWs faced a violation of their rights, every second SW has experience of gender-based violence, but half of them did not seek help. Due to the stigma and discrimination faced by 60% of SWs, 18% do not seek medical services at all, 16% do not have declarations with family doctors, and 22% do not use SRH (Sexual and reproductive health) services."

"From year to year, we conduct research among the SWs on violence, access to services and protection of rights, etc., and we see that nothing changes significantly, only the numbers fluctuate slightly. Because all the programs implemented in the country have a point effect, because the SWs are outlawed. The state sees SWs only in the context of HIV programs or as criminals or victims of human trafficking... I am sure that until the decrim is held, there will be no significant changes in the issue of the security of the SWs and in the fight against exploitation," noted Nataliya Dorofeeva.

• Drug addicted women and violence in maternity hospitals and antenatal clinics: case studies, possible ways to overcome the problem. Decriminalisation of drug use.

Speaker - Tetyana Lebed (Тетяна Лебедь), director of the All-Ukrainian association of Drug-Addicted Women "VONA / «SHE».

"In my speech, I focused on the problems of drug-dependent women, in particular, barriers to access to SRHR (Sexual and reproductive health and rights), the discriminatory article of the Family Code №164 (deprivation of motherhood on the basis of a diagnosis of drug addiction), violence against women who use drugs, lack of proper medical care (lack of a protocol for managing pregnancy of women who use drugs, etc). Of course, I cited real stories from the clients of our organisations. The situation with pregnancies of WHRDs remains particularly difficult. Unfortunately, there are very few relevant doctors who understand the peculiarities of taking ZRT/ART during pregnancy. (ART - antiretroviral therapy / ZRT - replacement maintenance therapy). Therefore, drug-dependent women often experience stigma and discrimination," said Tetyana Lebed after the dialogue.

According to the director of the ADAW "VONA / «SHE», the improvement of cooperation will be facilitated by appropriate training activities for doctors and nurses, approval of the pregnancy management protocol (currently at the final stage of development) and raising awareness of women who use drugs about their rights.

• Obstetric violence against women living with HIV and ways to eliminate it. Legally significant markers, education among women and healthcare professionals.

Speaker - Olena Stryzhak (Олена Стрижак), the Head of the Board of the CO "Positive Women".

• Legal qualification of obstetric violence against women and possible steps for protection.

Speaker - Anastasiia Serbina (Анастасія Сербіна), lawyer, founder of the Training Group AC, consultant of the CO "100% LIFE".

• Decriminalisation of sex work and non-medical drug use as a tool to protect women’s health and prevent violence against them.

Speaker - Nataliia Gutorova (Наталія Гуторова), Doctor of Law, Professor, Consultant at CO "100% LIFE"

• Presentation of the legal team and legislative initiatives of the "Fight for Health" platform and in the field of intellectual property of the CO "100% Life".

Speaker - Oksana Kashyntseva (Оксана Кашинцева), PhD in Law, coordinator of the legal team of the platform "Fight for Health".

Taking into account the threatening increase in cases of violence against women and noting that violence against women crosses all social, economic and cultural barriers, violating the basic rights and dignity of women, confirming the government’s obligations under the Council of Europe Convention on the Prevention of Violence against Women and Domestic Violence and fight against these phenomena (Istanbul Convention), and society as a whole there is a need to create a safe and fair environment for all citizens, regardless of their gender.

Taking into account the importance of national dialogue and cooperation of all representatives of civil society, international and state institutions in combating violence against women, the participants adopted resolutions that include recommendations to the Verkhovna Rada of Ukraine (Верховна Рада України), the Ministry of Health of Ukraine (Міністерство охорони здоров’я України) on

  *   improving legislation, the effectiveness of the judicial system and law enforcement agencies in investigating and punishing perpetrators of violence against women

 *   Strengthening awareness-raising activities among healthcare workers, women and the public about the rights of women living with HIV, their specific needs and prevention of obstetric violence

 *  decriminalising the offence under Article 302 of the Criminal Code of Ukraine "Establishment or maintenance of brothels and pimping" and removing Article 181-1 "Prostitution" from the Code of Administrative Offences

and other measures to combat violence against women.