“My partner defends our country and puts herself in danger almost every day. We’ve been together for a long time, and our loved ones support us, but we still can’t formalize our relationship and have no legal rights as a couple. It’s hard, very hard… The adoption of the draft law on civil partnerships is not only about recognizing us as a family, it’s an opportunity to get basic protection, to be together, especially when the danger is so close,” says Vika (name changed – VirusOFF note), whose girlfriend has been working as a paramedic in the combat zone for two years.
Vika’s story reflects the situation of hundreds of LGBTIQ+ couples who face numerous legal difficulties due to the lack of legalization of their relationships. The situation is exacerbated by the war, which has shown that having only family or marriage ties provides rights without which one cannot feel protected. When it comes to medical representation, access to housing, inheritance rights, or the right to information, the law does not support partners who are not officially married. This creates tensions, painful breaks, and situations where people are left without support in the most critical moments.
Back in 2015, the government of Arseniy Yatsenyuk proposed a National Human Rights Strategy, which included the development of mechanisms for recognizing civil partnerships. The decree signed by President Volodymyr Zelenskyy in 2021 envisaged the continuation of this direction, and the draft law submitted to the Verkhovna Rada of Ukraine under the number 9103 was the first real step in this direction.
Draft Law No. 9103 is a critical initiative, especially now, in times of war, as many members of the LGBTIQ+ community who are currently in the Armed Forces face difficulties due to the lack of legal rights. The project proposes to create an institution of civil partnerships for all and to regulate several vital aspects, including
– recognition of the partners’ property as joint property, which will protect the property rights of both parties;
– determining the procedure for inheritance by law and by will, which will ensure the partner’s legal right to inheritance;
– the possibility to receive a pension and financial assistance in the event of the partner’s death – financial support, which is important for family stability;
– the right to family leave to support a partner in difficult times;
– ensuring the right to official identification and disposal of the body, as well as the organization of burial or cremation, which is deeply personal and important for loved ones;
– the right to access information about the circumstances of the partner’s disappearance when he or she is captured or goes missing – this will help loved ones feel supported and informed in critical situations;
– the right to familiarize themselves with medical records, use their partner’s name, and access their papers, which provides a legal basis for respecting the personal rights and dignity of each party.
Ukraine, which seeks to integrate into the European space, can benefit from the experience of other countries where similar laws are already working for the benefit of society. In Estonia, for example, the law on civil partnerships has been in effect since 2016. The Czech Republic has had a law on registration of partnerships since 2006, and in 2018 the government supported the idea of full marriage for LGBTIQ+ couples. These laws have proven that the official recognition of civil partnerships increases the level of legal protection of citizens and promotes the integration of LGBTIQ+ communities into public life.
Unfortunately, progress on civil partnerships in Ukraine is slowed down by several factors. The war has significantly changed the priorities of the state, shifting the focus to defense and socio-economic issues. Legislative initiatives not related to the defense of the country receive less attention. Political and social support is based on prejudice and conservative views. Religious and “traditional” and “family” organizations actively oppose the adoption of the law, citing moral and cultural arguments. This creates additional pressure on the parliament and increases tension around the issue. Misinformation about the possible consequences of the introduction of civil partnerships also plays a role, especially in a society that is not sufficiently familiar with the legal details of this project.
Ukrainian activists and LGBTIQ+ organizations are making significant efforts to promote draft law No. 9103 by communicating with officials, conducting information campaigns, and reaching out to international partners. According to Tetyana Kasyan, activist and executive director of the NGO Fulcrum UA: “Most of the progress depends on the political will of MPs. We need to reach out to them and explain why it is important. We in civil society organizations do our best to do this, communicate with MPs, meet with them at meetings and roundtables, write petitions, cooperate with foreign colleagues, learn from their experience, and give comments in the media so that the topic of civil partnerships does not disappear from the information field.”
However, according to the author of draft law 9103, MP Inna Sovsun of the party “Golos”, the situation looks “hopeless.” In her opinion, the Legal Policy Committee will not approve this draft law, but Ms. Sovsun immediately adds that a new one has already been written: “We are coordinating this draft law with the colleagues of another committee, where I hope we will have better chances of passing it. However, I would like to point out that this will not be a complete package, as a complete package should include amendments to the Civil Code through the Legal Policy Committee, as well as amendments to the Tax Code. Such amendments are usually considered separately and can be adopted only after the main package is adopted. This is also not a guarantee of success, but if we manage to jump the consideration in the Legal Policy Committee and move to the (session – VirusOFF) hall, it will be another story. Or maybe not. In any case, you need to knock and talk.”
Sviatoslav Sheremet, Policy and Legislative Coordinator of the National LGBTI Consortium #LGBTI_PRO shares the idea of developing the new draft law: “9103: all LGBTIQ+ communities have already learned these numbers as a kind of formula for happiness. But the unfortunate truth is that the bill is blocked. It is not able to “pass” the specialized parliamentary committee on legal policy. This is the committee where some MPs have invented a theory of gender, according to which a person “can” be a dolphin or a mermaid, and all this is allegedly related to Bill 9103. They fantasized and got scared themselves: that’s what it’s called. That is why the committee is not considering this draft law itself and is blocking its transfer to another committee.
In such circumstances, the best solution is to develop and submit a new draft law on registered civil partnerships. The “Draft Law 2.0” may be good because it will take into account all the constructive comments submitted by state institutions to 9103 from the very beginning, and there are a lot of such comments.
By the way, it is grammatically correct: “registered”, not “registrable”, as we are used to. Now, after grammatical checking with academic sources, we have to reorganize our speech: registered civil partnership.
So, we are not talking about a specific draft law, but about the essence of the expected changes. The state of Ukraine has to do two things. First, create a tool for registering civil partnerships – this is why bills are written. Secondly, it must find a way to recognize the legal consequences of marriages and partnerships between people of the same sex legally concluded abroad. As a state, we have already begun to fulfill this second task. For example, if a foreign diplomat who is in a registered relationship with a partner visits us on a mission, the state of Ukraine recognizes this relationship and grants the partner a residence permit. But these are only the first steps. The fact is that as of today, thousands of people with Ukrainian citizenship are ALREADY married or in a partnership with a person of the same sex abroad. Therefore, we also need to amend the legislation on private international law.”
What’s next?
Despite all the difficulties, LGBTIQ+ activism in Ukraine is gaining new strength even in the face of war and social challenges. The XVII National LGBTIQ+ Conference, which will take place on December 5-6, 2024, will become a platform for discussing issues of legislative protection of the community. Initiatives on LGBTIQ+ rights will be among the main topics on the agenda.
“There is a clear position of the European Commission addressed to our government,” adds Sviatoslav Sheremet. “I quote: “We need to change the provisions of the Family Code, which now discriminates against same-sex couples.” This is from the European Commission’s November 2023 report on Ukraine’s progress. It seems that the legal recognition of family unions based on the partnership of two people of the same sex is a binding step on the path to European integration. There is a clear signal from the President that he will sign the draft law on partnerships if it is passed by the Parliament. There are requirements and needs of our communities. There is the context of a great war in which the actual relationships of servicemen and women with their spouses must be immediately recognized. Therefore, the introduction of registered partnerships in Ukraine is turning into an asterisked task. This path is thorny, but we would not have started it if we had not seen this asterisk. It is not only a sign of obligation, but also a symbol of ultimate success.”
Politicians need to understand that despite the obstacles, the LGBTIQ+ community and activists will continue to fight for their rights, and one day Ukraine will take an important step towards protecting all citizens, without exception. And if more than 70% of Ukrainians demonstrate support for the LGBTIQ+ community, then perhaps it is time for the authorities to change their course and side with this progressive, democratic majority.