Sexual harassment

The Criminal Code defines and criminalizes domestic violence under Article 194, which is the main legislation providing for domestic violence prosecution. Domestic violence is defined as the “use of violence, threat of attacks against life or body, insolent or ruthless behaviour [that] endangers the tranquility, physical integrity or mental condition of a member of his family.” The definition of “family member” does not include ex-spouses or unmarried partners who do not live together or have children.

Article 155 of the Criminal Code of Ukraine states that an adult who commits acts of sexual nature associated with the vaginal, anal, or oral penetration into the body of a person under the age of 16, using genitals, another body part, or any item, shall be punished by restriction of liberty for a term of up to five years, or imprisonment for the same term.

The applicant and his wife were in a registered marriage and had a child. Over time, their relationship began to deteriorate. The applicant’s wife took the child and left without the applicant's consent. A few months later, the applicant independently found the child in another location where his wife lived with the child and her uncle. Later, the applicant’s mother contacted the police because she believed that the child could have been a victim of debauchery during the period of living with the applicant’s wife and her uncle, based on information from the child.

In this study from the Ukrainian Foundation for Public Health (HealthRight International) and UN Women, the experts conduct a comparative analysis of the risks of sexual harassment in several communities of Eastern Ukraine (Toretsk, Zolote, Soledar, and Novoaidar). A survey among women living in these localities shows a correlation between proximity to the contact line and fear of physical and sexual violence.

The Equal Opportunities Act of Ukraine (the “Act”) provides the legal framework for men and women’s parity in all spheres of social life through providing legal support for equal rights and opportunities, removal of gender-based discrimination, and prevention of imbalance between women’s and men’s opportunities in implementing the rights granted to each of them by the Constitution and other laws.

The purpose of the Concept is to improve society's understanding of the essence and tasks of state gender policy and to perceive it as an integral component of a democratic and legal state. The text of the Concept highlights the problems that need to be solved. For example, the gender discrimination, gender-based violence, and sexual harassment in Ukrainian society. Gender stereotypes are often ignored and dismissed, which is a negative trend.

The Woman's Equal Rights Law of 1951 presents the principle of gender equality in Israel. The law deals with almost every aspect of the status of women in Israel. The law mandates that the same law applies to women and men concerning any legal act; that married women are granted full competence regarding property; and that women are granted full equal rights regarding children custody. Furthermore, any discrimination on succession rights is annulled according to the law. The Act prohibits sexual and gender-based violence, harassment, exploitation, and trafficking.

Articles 97-98 and 340-341 relate to who may benefit from more lenient sentences for “honour crimes,” such as a person who has witnessed his or her spouse committing adultery. However, Article 345 now excludes honor crimes where the victim is under 15 from qualifying as a mitigating circumstance as enumerated in Articles 97 and 98. Further, Article 308, which allowed a rapist to avoid punishment if they married their victim, was removed in the same 2017 amendment.

This law sets out the measures for protecting women’s rights, promoting gender equality, development of women (including physical, mental, educational, and professional and skills developments), eliminating gender-based discriminations, and preventing crimes, such as human trafficking and domestic violence, against women.  Article 17, Equal Rights in the Family, mandates that women and men have equal rights in all matters concerning family relationships, including equal rights in matrimonial property and inheritance.

The Gender Equality Promotion Ordinance is a “workaround” measure within Shenzhen Special Economic Zone. This means that the local workaround rule, like the Ordinance, takes precedence in situations where it conflicts with national legislation, administrative regulations, or provincial legislation within the jurisdiction of the Shenzhen. The Ordinance, attempting to create women-friendly communities in Shenzhen, is an innovative “workaround” in three ways.