Municipal legal problems of the implementation of the principle of equality and the prohibition of discrimination in the measurement of legal analytics (on the example of the LGBT community).
Journal Title: Альманах права - Year 2018, Vol 9, Issue 9
Abstract
The article is devoted to the study of the process of formation and realization of the rights of persons belonging to the LGBT community in the context of local self-government and the functioning of territorial communities. In the article is investigated the concept and nature of identity as self-determination, self-identification as a representative of a particular social group in the context of the human rights for LGBT. It is proved that the identity itself cannot be a basis for discrimination. Attention is drawn to the importance of the immediate implementation of the principle of respect for the identity of the person, combating and prevention of marginalization and demonization of minorities. The entire scope of rights and freedoms, provided by both international human rights documents and modern constitutions, was formed as a result of the evolution of ideas about the natural rights, views on the legal equality of people, historical formation of certain standards that became the norm of a modern democratic society. Due to the dynamic nature of human rights and freedoms, this process is being continued today. The modern conditions of globalization and multiculturalism contribute to the expansion of the human rights catalog enshrined in international human rights documents and the formation of new generations of human rights, the list of which includes the right to protection against discrimination on the basis of sexual orientation and sexual identity, the right to sexual self-determination, the right to sexual orientation, the right to sexual identity etc. It is reported that acts on human rights of international importance and legislation of the most countries of the world, including Ukraine, are based on the principles of justice, equality and non-discrimination. The author justifies the position that the lack of effective mechanism of protection of human rights and non-discrimination based on sexual orientation both at national and municipal levels inevitably conflict with the ideas of social legal state and civil society. In this regard, it is concluded that the development of an effective human rights protection municipal mechanism and prohibition of discrimination based on sexual orientation are a significant target to achieve. It is concluded that, despite the legislative consolidation of the principles of equality and non-discrimination, a real effective mechanism of legal protection of human rights in the aspect of sexual orientation is rather a prospect for the future. In this regard, for the development of this model and the actual implementation of the principle on equality, it is necessary not only to have a law establishing a wide list of human rights and freedoms without setting privileges or restrictions on the basis of sexual orientation, but also to ensure that the practical realization of the positive responsibilities of the state in the field preventing and combating discrimination and ensuring the restoration of violated rights are being implemented, as well as avoiding interference when it comes to registration of civic associations representing sexual minorities.
Authors and Affiliations
Oleksandr Batanov
Keywords
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