The National Police wants to punish discrimination and sexual harassment separately: what the draft law provides

The Verkhovna Rada has registered government bill No. 15545, which proposes to amend the Disciplinary Statute of the National Police of Ukraine. Police officers are to be explicitly prohibited from discrimination, including on the grounds of gender, and sexual harassment, and managers are to be required to ensure equal rights and opportunities for women and men during their service. Separate rules are also proposed to be established for official investigations of such cases.

The bill was developed by the National Police as part of the reform of the law enforcement sector and Ukraine’s fulfillment of its obligations in the field of human rights protection.

The document is also to bring the internal rules of law enforcement agencies closer to European standards.

Discrimination and harassment will be a violation of official discipline

One of the key changes will be the addition of Article 1 of the Disciplinary Statute of the National Police.

It is proposed to directly add the requirement to the list of police officers’ duties:

“not to allow discrimination, in particular on the basis of gender, or sexual harassment.”

Thus, the relevant prohibition will be enshrined directly at the level of the Disciplinary Statute.

This means that the established fact of discrimination or sexual harassment by a police officer can be considered a violation of service discipline and become a basis for disciplinary liability in accordance with the procedure established by law.

A new obligation will be introduced for police chiefs

The draft law No. 15545 separately changes the requirements for the leadership of the National Police.

It is proposed to supplement Article 3 of the Disciplinary Statute with a provision according to which the chief must organize his/her official activities with strict adherence to the principle of ensuring equal rights and opportunities for women and men.

That is, it is not only about responding to already committed violations. Managers must organize the work of departments so that the principle of gender equality is observed during service.

Investigation of harassment will be carried out according to new rules

A separate block of the draft law concerns disciplinary commissions that will investigate reports of gender discrimination or sexual harassment.

It is proposed to establish that such a commission should, if possible, include representatives of both sexes in equal proportions.

This rule should apply specifically to service investigations related to gender discrimination and sexual harassment.

It is assumed that such an approach will help ensure a more balanced consideration of complaints.

Will the 50:50 ratio be mandatory

No. The draft law contains an important clarification – “if possible”.

Therefore, the formation of a disciplinary commission with an equal number of men and women will not be an absolute requirement.

This will allow taking into account the personnel situation in a particular police unit. If it is impossible to ensure equal representation, this in itself should not block the conduct of an internal investigation.

Changes related to the reform of law enforcement agencies

The development of the draft law is provided for by a number of strategic documents of Ukraine, including the National Strategy in the Field of Human Rights and the Comprehensive Strategic Plan for the Reform of Law Enforcement Agencies as Part of the Security and Defense Sector for 2023–2027.

The changes are also related to Ukraine’s fulfillment of its obligations under the Association Agreement with the European Union.

If the draft law is adopted, the rules on preventing gender discrimination and sexual harassment will become a direct part of the disciplinary requirements for police officers, and the leadership of the National Police will receive additional responsibilities to ensure equal rights for women and men.