Fight (for) Love
On the day of sudden bouquets, as well as a stock of valentine cards and chocolates, let’s talk about double standards. The Armed Force of Ukraine loves everyone, but not equally.
We are talking about the part of military personnel who are part of the LGBTQ community.
Homosexuality in Ukraine is not considered grounds for prohibition or exemption from military service, and many gay, lesbian, and bisexual persons have been mobilized or volunteered to serve in the Armed Forces of Ukraine, the National Guard, and the Territorial Defense Forces.
Violation and discrimination
In 2022, 16 cases of rights violations based on sexual orientation and gender identity (SOGI) by servicemen of the Armed Forces of Ukraine and paramilitary formations were documented.
12 cases had signs of hate crimes and 4 — of hate incidents (according to the ODIHR/OSCE methodology). In 6 cases, the right to respect for private life was violated. In 13 cases, the victims were discriminated against because of SOGI, and in two of them — also because of their HIV status.
Marital status
One of the most important and, at the same time, the most difficult issue to implement is the adoption of a law on registered civil partnerships available to same-sex couples, which would provide them with basic marital rights and obligations. Conscripted same-sex family partners are deprived of absolutely all the rights that legal spouses and even unregistered heterosexual partners have: the ability to receive information, dispose of property, be a contact person, and much more.
In January 2023, for the first time, the ECtHR, directly stated in its decision that henceforth, Article 8 of the European Convention on Human Rights should be interpreted in such a way that obliges the member states of the Council of Europe to have a certain legal form of recognition of same-sex family partners, which gives them the essential rights of family members. As we remember, the decision of the ECtHR is a source of law in Ukraine. The decision on the similar case “Maymulakhin and Markiv v. Ukraine”, which is awaiting consideration by the ECtHR, will now be made taking into account this legal position of the court.
Mobilization, conscription, and departure abroad
Diagnoses of transsexualism and gender dysphoria (provided they are determined by a special commission) mean that a person is completely unfit for military service.
This allows transgender women to travel abroad, even if they are still legally male. There is a nuance: without the appropriate opinion of the medical commission, transgender women, whose documents indicate the male gender, are subject to conscription for military service and are restricted from traveling abroad according to the general rules for men.
Transgender persons who have officially changed their gender in their documents cannot theoretically be called up for military service. But there is a question 🤷🏼♀️. If such a person looks convincing in his gender role, then they can successfully pass the cursory examination of the medical commission at the Military Commissariat and enter the service as an ordinary woman or man.
Now it is known about one transgender woman who serves in the Armed Forces, hiding her status.
General attitude
LGBTQ people who serve in regular units of the Armed Forces generally report being treated fairly, respectfully, and friendly by their command and fellow service members.
Interesting statistics. Since 2016:
- the number of those who generally have a negative attitude towards LGBT persons decreased by 1.5 times (from 60.4% to 38.2%);
- the number of those who have a positive attitude toward LGBT persons increased fourfold (from 3.3% to 12.8%);
- the share of those who declaratively support their full equality has doubled (from 33.4% to 63.7%);
- the share of those who believe that the rights of LGBT people should be limited in some way decreased by 2 times (from 45.2% to 25.9%);
- -support for introducing a registered civil partnership for same-sex couples increased 5 times — from 4.8% to 23.6%.
More details are in the report and in the research.
✍️ Kateryna Mishchenko
