ГЕНДЕРНА РІВНІСТЬ ЯК СКЛАДОВА РІВНОСТІ УСІХ УЧАСНИКІВ СУДОВОГО ПРОЦЕСУ ПЕРЕД ЗАКОНОМ І СУДОМ

Keywords: gender equality, equality of rights, equality of opportunities, parties to a trial, law, court

Abstract

The article is devoted to researching an issue on the development of the concept of legal equality of parties to a trial through the prism of their gender equality. We analysed foreign and Ukrainian theoretical and legal studies of the essence and the content of the fundamental of equality of all before the law and the court. We noted that the concept of "legal equality" is often used in the scientific literature. We considered the necessity to distinguish between "actual equality" and "formal equality". The article considers the importance of guaranteeing and implementing equality before the law and the court in the aspect of gender equality.

It is studied foreign experience as for the implementation of gender equality. We analysed the provisions of the current legislation of Ukraine in terms of ensuring equal rights and opportunities for women and men. Also, we studied and analysed the European Court of Human Rights practice on the observation of the principle of equality. As a result, we determined that gender equality belongs to the sphere of human rights.

Gender equality is not just a matter of time. It has a natural-legal nature and therefore belongs to the sphere of individual rights. Based on the above, the rules of law must comply with the constitutional principles, and in this context, to be consistent with the principles of gender equality according to the principle of equality of all participants in the judicial process before the law and the court.

According to the subject of the study, gender equality, in general, has many manifestations, which include: 1) equality of rights - as legal enshrinement of equal rights for men and women in all spheres of public life, including in the field of justice; 2) equality of opportunity, the essence of which is to guarantee in the realities of social conditions and means for equal provision of constitutional rights and freedoms, including equality of all participants in the trial before the law and the court; 3) formal implementation of equal conditions for the exercise of rights, including equal opportunities for all participants in the trial; 4) the state of actual implementation of gender equality in terms of ensuring the equality of all participants in the judicial process before the law and the court.

Published
2021-06-30
How to Cite
Любарський, В. О. (2021). ГЕНДЕРНА РІВНІСТЬ ЯК СКЛАДОВА РІВНОСТІ УСІХ УЧАСНИКІВ СУДОВОГО ПРОЦЕСУ ПЕРЕД ЗАКОНОМ І СУДОМ. Scientific Notes of Lviv University of Business and Law, 29, 70-76. Retrieved from https://nzlubp.org.ua/index.php/journal/article/view/421
Section
Articles