PROBLEMS OF THE IMPLEMENTATION OF THE PRINCIPLE OF GENDER EQUALITY (COMPARATIVE LEGAL ASPECT)

Abstract

The purpose of the study is to identify the problems in the implementation of the principle of gender equality in Ukraine and European states.
 This goal was achieved through the application of a system of methods, including comparative method, formal law method and statistical method.
 The study has identified that the principle of gender equality prohibits discriminatory treatment on the basis of gender in different spheres of social relations. However, there is no single approach to understanding the concept of gender equality, which is described as: equality between the rights of men and women; fair treatment of men and women; equal access to resources and their fair distribution between men and women.
 It is substantiated that the principle of gender equality is a sub-principle of the principle of equality and means guaranteeing equal rights and opportunities regardless of gender.
 The principle of gender equality is examined in international law, including the provisions of the Council of Europe's Gender Equality Strategy for 2018-2023 and their implementation in Ukraine. The European Court of Human Rights' (ECtHR) practice of interpreting the content of the principle of gender equality and its scope is analyzed. The ECtHR has established that gender-based violence is the form of discrimination against women.
 The Court of Justice of the European Union has established the elimination of discrimination on grounds of sex as a general principle of EU law which should be guaranteed by a court.
 Family policy models in different states have been studied through the prism of gender equality, in particular: the pronatalist model (formed in France); the traditional model (historically originated in Germany); a pro-egalitarian model (Sweden is a typical representative); family model (mainly applied in the UK, the US and Canada). It is justified that nowadays, mixed models of family policy prevail, which combine traditional models in different proportions. In Ukraine, there is a similarly mixed model of family policy model that can be characterised as more pro-natalist model.
 The study concludes that real gender equality can be achieved in the case of an effective gender-based public policy, which should: stimulate gender expertise; introduce quotas for representation of women in all areas of employment, except those that may harm their health; ensure that gender components are taken into account in all economic and social development programs; introduce a gender component through the educational process in the secondary, vocational and higher education system; ensure gender mainstreaming in teacher training programs and public officials; promote the elimination of gender stereotypes and counteract discrimination; contribute to reducing the remuneration gap; to promote the activities of public associations in the field of gender equality and combating domestic violence, etc.