Women's Work

Discrimination Against Women in the Ukrainian Labor Force

APPENDIX: Sample Employment Application

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Acknowledgements

This report is based on research conducted in Ukraine in April 2003 by Jane Buchanan, researcher in the Europe and Central Asia division of Human Rights Watch, and Johanna Bjorken, consultant to the Women's Rights Division of Human Rights Watch.It was written by Jane Buchanan.It was edited by LaShawn Jefferson, director of the Women's Rights division, Rachel Denber, deputy director of the Europe and Central Asia division, Widney Brown, deputy program director, and James Ross, senior legal advisor.Veronika Leila SzenteGoldston, advocacy director for the Europe and Central Asia division, also contributed important commentary.Assistance was provided by Emily Letts and Leslie Smith, associates for the Europe and Central Asia division.LidiyaNychyk, AngelikaBykadorova, and Maria Sonevytsky, interns with the Europe and Central Asia division of Human Rights Watch, and NaureenMirza, intern with the Women's Rights division of Human Rights Watch contributed invaluable research support.

Human Rights Watch also thanks our Ukrainian colleagues, without whom we would not have been able to conduct research for this report.Special thanks goes to LubaMaksymovych, Marta Chumalo, HalynaFedkovich, and OlyaHarasymiv, of the West Ukrainian Center "Women's Perspective," and to OleksandraRudneva of the Kharkiv Center for Women's Studies.We would also like to thank IngaKononenko, who translated this report into Ukrainian, and Lena Kutyk, NataliyaBak, Anastasia Nanaeva, and Eugene Zelenko for their hard work and assistance.Human Rights Watch wishes to thank Bloomberg L.P. and the Bernard Osher Foundation for their generous support of this work.

Human Rights Watch

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Its Europe and Central Asia division was established in 1978 to monitor and promote domestic and international compliance with the human rights provisions of the 1975 Helsinki Accords.It is affiliated with the International Helsinki Federation for Human Rights, which is based in Vienna, Austria. Elizabeth Andersen is the executive director; Rachel Denber is the deputy director; Veronika Leila SzenteGoldston is the advocacy director; Alexander Anderson, Matilda Bogner, Jane Buchanan, Julia Hall, BogdanIvanisevic, Diederik Lohman, Acacia Shields, and Jonathan Sugden are researchers; Anna Neistat is the Moscow office director; Alexander Petrov is the Deputy Moscow office Director;Julie Chadbourne, DemetraKasimis, and Marie Struthers are consultants; LiudmilaBelova, GiorgiGogia, Emily Letts, DoritRadzin, Leslie Smith, and Ole Estein Solvangare associates.Peter Osnos is the chair of the advisory committee and Alice Henkin is vice chair.

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[1] The birth rate has fallen from 12.8 per 1,000 in 1990 to 7.6 per 1,000 in 2000.Cabinet of Ministers, State Statistics Committee of Ukraine, and UNDP "Promoting Gender Equality Project," "Ukraine: Gender Statistics to Reach Gender Equality Between Women and Men," State Statistical Commission and Economic Commission for Europe Working Paper no. 23/add. 1, Joint ECE/UNDP Workshop on Gender Statistics for Policy Monitoring and Benchmarking, Oriveto, Italy, October 9-10, 2000.

[2] According to the Ukrainian Ombudswoman, no fewer than five million Ukrainians are working abroad. "Millions of Ukrainians Said to be Working Abroad," RFE/RL Newsline vol. 7, no. 64 part II, April 3, 2003.In a recent survey of Ukrainians working in Italy, over 93 percent said that they left due to economic reasons (low salary, no employment, or debts).The average Ukrainian migrant makes up to ten times what he or she is likely to earn in Ukraine in an average wage position."Ukraine's Exodus: Migrant Workers in Europe," Eastern Economist vol. 9 nos. 48-49, pp. 2-5.

[3] Population is expected to decline to forty-two million by 2026. Ombudsman of Ukraine, Condition of Guarantees and Defense of the Rights of Ukrainian Citizens Abroad (Kyiv, 2002), p. 37.

[4] Life expectancy for women has remained unchanged at seventy-four. State Statistics Committee of Ukraine, Women and Men in Ukraine (Kyiv: State Statistics Committee of Ukraine, 2001), p. 9.

[5] "HIV/AIDS in Ukraine," Press Release, United Nations in Ukraine [online] http://www.un.kiev.ua/en/pressroom/pressreleases/29/ (retrieved September 14, 2002).

[6]Mapi M. Buitano, World Bank: Ukraine Country Assistance Strategy FY2001-2003, September 12, 2000 [online] http://wbln0018.worldbank.org/ECA/ECC11/UkraineCAS/AR/cover.nsf/HomePage/1?OpenDocument (retrieved June 11, 2003).

[7] Data for 2001. State Statistics Committee of Ukraine, Social Indicators of Living Standards: Statistical Compilation, (Kyiv: State Statistics Committee of Ukraine, 2002), pp. 14-15.

[8] A 1996 study by the World Bank and the Kyiv International Institute of Sociology found that over 45 percent of workers were owed pay. "Women and the Labor Market," p. 34. Wage arrears have declined slightly since the mid-1990s, but still amount to significant sums. Public sector wage arrears stood at forty-four million in March 2003. International Center for Policy Studies, "Economic Statistics," issue 3, January 2001, p. 3 and "State-Sector Wage Arrears Down By 10% to UAH 44.2 Million in March," Ukrainian News Agency, May 5, 2003.

[9] State Statistics Committee of Ukraine, Social Indicators of Living Standards, pp. 98-99. See also AlenaNesporova, "Unemployment in the Transition Economies," Economic Survey of Europe 2002, No. 2, Prepared by the Secretariat of the Economic Commission for Europe (Geneva and London: United Nations, 2002).

[10] This statistic reflects the number of people registered with the State Employment Service. "Official Unemployment Rate Remains 4% in April," Ukrainian News Agency, May 14, 2003 [online] http://www.ukranews.com (retrieved May 14, 2003).

[11] State Statistics Committee of Ukraine, "Economic Activity of the Population, 2000-2002" [online] http://www.ukrstat.gov.ua/(retrieved May 22, 2003).

[12] Guy Standing and LaszloZsoldos, Worker Insecurities in Ukrainian Industry: The 2000 Ukrainian Enterprise Labor Flexibility Survey (Geneva: International Labor Organization, 2001), p. 1.Ukrainian experts note that it is difficult to estimate the actual level of unemployment in Ukraine because of the existence of both hidden unemployment (unregistered labor or workers forced to go on long-term unpaid vacations) and hidden employment (employment in the shadow economy). Olga Harasymiv and KyryloMoskovczuk, "Ukraine: An Independent Report Submitted to the U.N. Committee on Economic, Social, and Cultural Rights in Connection with the Review of the Fourth Periodic Report of Ukraine (26th CESCR Session)," (Lviv, July 2001), pp. 3-4.

[13]Buitano, World Bank: Ukraine Country Assistance Strategy.

[14] International Helsinki Federation for Human Rights, Women 2000, (Vienna: IHF, 2000), p. 475.

[15] U.N. Report on Human Development in Transition: Europe and CIS, 1997, as quoted in International Center for Policy Studies, "Economic Statistics in Ukraine," Policy Study #13, November 2000 [online] http://www.icps.com.ua/docs/ps/es/eng/ps_es_eng_200011_13.pdf (retrieved June 11, 2003), p. 8.

[16] Children, and in particular at-risk children, have also been disproportionately affected by the drop in living standards, growing poverty among parents, and failures of the state to provide adequate social assistance to families with children.Irena Kalachova, "Poverty and Welfare Trends in Ukraine Over the 1990s: Country Paper," (Florence, Italy: UNICEF Innocenti Research Center, 2001), p. 20.

[17] International Helsinki Federation, Women 2000, p. 481.

[18] Although official statistics show the abortion rate has declined from 150 abortions per 100 live births, in 1995, in 2000, numbers remained high with 113 abortions per 100 live births. Irena Kalachova, "Poverty and Welfare Trends in Ukraine, p. 21. State Statistical Committee of Ukraine, Women and Men in Ukraine, p. 22. In 2001, UNICEF reported 34.1 abortions per woman.See also, International Helsinki Federation, Women 2000, p. 480.

[19] Although infant mortality has been declining since 1995, official Ukrainian statistics reported for 2001, a rate of 11.3 per 1,000 live births. For 2000, UNICEF reported a rate of 20 per 1,000 live births.The methodology used by each source varies. State Statistics Committee of Ukraine, Social Indicators of Living Standards, pp. 32-33 and UNICEF, "Infant Mortality Rate," [online] http://www.childinfo.org/cmr/revis/db1.htm (retrieved June 3, 2003). For 2001, Ukraine reports 23.9 maternal deaths per 100,000.State Statistics Committee of Ukraine, Social Indicators of Living Standards, p. 42. In 2000, syphilis incidence among women was 91.7 per 100,000 women, up from 6.2 in 1990, but lower than in 1996, when the rate peaked at 144.8. Irena Kalachova, "Poverty and Welfare Trends in Ukraine," p. 21.

[20] See Minnesota Advocates for Human Rights, Domestic Violence in Ukraine (Minneapolis, MN: Minnesota Advocates for Human Rights, 2000).

[21]Buitano, World Bank: Ukraine Country Assistance Strategy. For detailed analysis, see Human Rights Watch, "Hopes Betrayed: Trafficking of Women and Girls to Post-Conflict Bosnia and Herzegovina for Forced Prostitution," A Human Rights Watch Report, vol. 14, no. 9(D), November 2002, and Minnesota Advocates for Human Rights, Trafficking in Women: Moldova and Ukraine, (Minneapolis, MN: Minnesota Advocates for Human Rights, 2000).

[22]OleksandraRudneva, GannaKhrystova, IngaKononenko, NatalyaOrlova, and OlenaKochemyrovska, Alternative Report to the U.N. Committee for the Elimination of All Forms of Discrimination Against Women (CEDAW), (Kharkiv, 2002), p. 11.

[23] International Helsinki Federation, Women 2000, p. 475.

[24] The distribution of women and men enrolled in daytime secondary education is equal.In higher education, enrollment consists of 54 percent women and 46 percent men. Men are the majority in vocational schools (60 percent to 40 percent). Statistics Committee of Ukraine, Women and Men in Ukraine, p. 27. Some statistics show that graduation rates are somewhat higher for women (56.6 percent from secondary school and 51.9 percent from college and university). International Helsinki Federation, Women 2000, p. 474.

[25] State Statistics Committee of Ukraine, Women and Men in Ukraine, p. 36.

[26] Ibid.

[27] "Women and the Labor Market," p. 34.

[28] "The glass ceiling" is a term commonly used to describe an artificial barrier created by discrimination that prevents women and minorities from advancing to senior and management positions.

[29] State Statistics Committee of Ukraine, Women and Men in Ukraine, p. 37.

[30] Standing and Zsoldos, Worker Insecurities in Ukrainian Industry p. 33.

[31] Irena Kalachova, "Poverty and Welfare Trends in Ukraine Over the 1990s," and State Statistics Committee of Ukraine, Men and Women in Ukraine, p. 40. Government officials dismiss the wage differential by claiming that women are not discriminated against for equal work. Indeed, the gender discrepancy between senior managers and general employees would easily account for these discrepancies alone.Human Rights Watch interview with VolodymyrTyotkin, director, State Department of Supervision of Labor Legislation Observance, and chief state labor inspector of Ukraine, Kyiv, April 9, 2003.

[32] Young, unmarried women are particularly vulnerable, and married women face "an intermediate risk." International Helsinki Federation, Women 2000, p. 488.See also Violence Against Women in Ukraine: Mainstreaming the Human Rights of Women, report prepared by The World Organization Against Torture for the U.N. Committee Against Torture 27th session, November 12-23, 2001).

[33] According to the chief labor inspector for Kharkiv Oblast, LudmilaPlastun, "Sexual harassment is a very remote problem. We still have to grow up to this problem [in Ukraine]." Human Rights Watch interview with LudmilaPlastun, chief labor inspector for Kharkiv Oblast, Kharkiv, April 10, 2003.

[34] "It is generally agreed that sexual harassment of women in the workplace is a widely tolerated social practice in Ukraine and, given the precarious nature of the current job market is one which women are often forced to put up with." Rudneva et al, Alternative Report, p. 15.

[35] Similarly, economic activity was recorded at 69 percent for men and 59 percent for women.Some of this discrepancy can be attributed to the lower retirement age for women (55) than men (60). Irena Kalachova, "Poverty and Welfare Trends in Ukraine," p. 7.Also State Statistics Committee of Ukraine, Men and Women in Ukraine, p. 33.

[36] State Statistics Committee of Ukraine, Social Indicators of Living Standards, p. 196; Irena Kalachova, "Poverty and Welfare Trends in Ukraine, p. 7; and Standing and Zslodos, Worker Insecurities in Ukrainian Industry, p. 28.

[37] An oblast is a federal administrative district, roughly equivalent to a province. Human Rights Watch interview with the director, Lviv City Employment Center, Lviv, April 19, 2003.

[38]Kyiv City Administration Division of Work and Employment, "Labor Market of Kyiv January-December 2002" (Kyiv, 2003).

[39] In 1998 and 1999, women constituted 67 percent of the people "discharged due to organizational changes in production" and less than half of the people who resigned from any job "on their own will." Cabinet of Ministers, State Statistics Committee of Ukraine, and UNDP "Promoting Gender Equality Project," "Ukraine: Gender Statistics to Reach Gender Equality Between Women and Men." See also, Buitano, World Bank: Ukraine Country Assistance Strategy. The ILO did not find conclusive evidence on treatment of women in surplus labor conditions. Standing and Zsoldos, Worker Insecurities in Ukrainian Industry, p. 32.

[40] Data for 2000. State Statistics Committee of Ukraine, Men and Women in Ukraine, p. 42.

[41] Data for 1998 and 1999. Cabinet of Ministers, State Statistics Committee of Ukraine, and UNDP "Promoting Gender Equality Project," "Ukraine: Gender Statistics to Reach Gender Equality Between Women and Men," p. 8.

[42] See www.winrock.org.ua

[43] Article 9 of the Ukrainian constitution states, "International treaties that are in force, agreed to be binding by the VerkhovnaRada of Ukraine, are part of the national legislation of Ukraine." Constitution of Ukraine, adopted at the Fifth Session of the VerkhovnaRada of Ukraine on June 28, 1996.

[44] Human Rights Watch interview with Halyna Fedkovich, lawyer, Lviv, April 15, 2003.

[45] Universal Declaration of Human Rights (UDHR), December 10, 1948, G.A. Res. 217A (III), U.N. GAOR, 3d. Sess., pt. 1 at 71, U.N. Doc.A/810 (1948), Article 2; International Covenant on Civil and Political Rights, adopted December 16, 1966, G.A. Res. 2200A (XXI), U.N. GAOR, 21st Sess., Supp. No. 16, at 52, U.N. Doc. A/6316 (1966), 999 U.N.T.S. 171 (entered into force March 23, 1976), Article 2(1), ratified by Ukraine on November 12, 1973; and the International Covenant on Economic, Social and Cultural Rights, adopted December. 16, 1966, G.A. Res. 2200A (XXI), U.N. GAOR, 21st Sess., Supp. No. 16, at 49, U.N. Doc. A/6316 (1966), 993 U.N.T.S. 3 (entered into force January 3, 1976), article 2(2), ratified by Ukraine on November 12, 1973.

[46] "The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, color, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status."The European Convention for the Protection of Human Rights and Fundamental Freedoms, European Treaty System No. 005, Rome, November 4, 1950, ratified by Ukraine on September 11, 1997.The Convention is commonly known as the European Convention for Human Rights (ECHR).

[47] ICESCR, article 3. According to the UN High Commissioner for Human Rights, "Women often suffer substantial and disproportionate difficulties in securing human rights, including economic, social and cultural rights. Article 3 guarantees that men and women possess precisely the same legal entitlement to the rights set forth in the Covenant and that, if necessary, special measures will be employed by States parties to ensure that this position of equality is attainedTogether, article 3 and article 2, paragraph 2, thus provide significant legal protection against all forms of discrimination in the pursuit of economic, social and cultural rights." Office of the High Commissioner for Human Rights, Fact Sheet No. 16 (Rev. 1), The Committee on Economic, Social, and Cultural Rights [online], http://193.194.138.190/html/menu6/2/fs16.htm

[48] ICESCR, article 6.

[49] Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), December 18, 1979, G.A. Res. 34/180, U.N. GAOR, 34th Sess., Supp. No. 46, at 193, U.N. Doc. A/34/46, 1249 U.N.T.S. 13 (entered into force Sept. 3, 1981), ratified by Ukraine on March 12, 1981.

[50]Ibid., article 3.

[51] Ibid., article 5(A).

[52] ILO Convention No. 111 Concerning Discrimination in Respect of Employment and Occupation, conference session 42, adopted June 25, 1958 (entered into force June 25, 1958), article 1(1).Ratified by Ukraine on August 4, 1961.

[53] ILO Convention No. 111, article 1(3).

[54] Equal Treatment Directive, Council of the European Union Directive 76/207/EC, February 9, 1976, article 1(1).

[55] According to BorysTarasnyk, chair, Ukrainian Parliament Committee on European Integration, "Associated Membership, which is the status Ukraine is striving to obtain, would be a step in Ukraine's endgame to full E.U. membership," as quoted in "TacisProgramme: Points of View," The EU and Ukraine no. 27 (August 2002) [online] http://europa.eu.int/comm/europeaid/projects/tacis/publications/newsletters/tacis_newsletter_ukraine_082002_en.pdf (retrieved May 31, 2003).

[56] Equal Treatment Directive, articles 2(1), 3(1).

[57] ILO Convention No. 111, article 1(2).

[58] Equal Treatment Directive, article 2(2)

[59] International Labor Conference, Equality in Employment and Occupation, General Survey of the Committee of Experts on the Application of Conventions and Recommendations, 75th Session, 1988, Report III (Part 4B) (Geneva: International Labor Office, 1996), p. 138.

[60] See for example, "CEDAW Committee Concluding Comments on the Belize initial report," cited in United Nations/Division for the Advancement of Women, Assessing the Status of Women: A Guide to the Reporting Under the Convention on the Elimination of All Forms of Discrimination Against Women (New York: United Nations, 2000), p. 102.

[61] International Labor Conference, "Equality in Employment and Occupation," paragraph 38.

[62] Court of Justice of the European Union, Judgment of the Court in Case C-167/97 Regina v. Secretary of State for Employment, ex parte Nicole Seymour-Smith and Laura Perez, February 9, 1999, paragraph 58.

[63] Court of Justice of the European Union Judgment of the Court in case C-109/00 Tele Danmark A/S v. Handels- ogKontorfunkionFrernesForbund I DanmarkOctober 4, 2001, paragraph 28.

[64] Constitution of Ukraine, article 24.

[65] Ibid.

[66] Constitution of Ukraine, article 43.

[67] The Ukrainian Codex of Laws on Labor (labor code), dates from the Soviet era and includes over 600 amendments.A project is currently underway to reform the code.

[68] Ukrainian Codex of Laws on Labor, article 2(1).

[69] Ukrainian Codex of Laws on Labor, article 22.

[70] According to the State Committee on Statistics, over 16 percent of all women are employed in conditions which that are "hazardous to their health."In some professions, such as ferrous metallurgy, microbiology, chemical and petrochemical industry, fuels, and medicine, over one-third of all women employed work in hazardous conditions. State Statistics Committee of Ukraine, Labor in Ukraine 2001: Statistical Compilation (Kyiv: State Statistics Committee of Ukraine, 2002), p. 390.

[71] International Helsinki Federation, Women 2000, p. 478.

[72] This convention provides for exceptions for non-manual and other types of work. ILO Convention No. 45 Concerning the Employment of Women on Underground Work in Mines of all Kinds, conference session 19, adopted June 21, 1935, (entered into force May 30, 1937), ratified by Ukraine on August 4, 1961.

[73] Ukrainian Codex of Laws on Labor, article 174. Article 174 prohibits the use of women in underground work, but lists some exceptions. The specific kinds of underground work permissible for women to hold is determined not by the labor code but by an additional normative act-the archaic Decision No. 292- Decision of the State Committee for Labor of the USSR, August 30, 1957, "On confirmation of the list of positions, connected with underground work, in which it is permissible, as an exception, to accept the work of women."

[74] Ukrainian Codex of Laws on Labor, article 174.Similarly, article 175 prohibits the hiring of women for work at night, except in the case of an emergency and as a temporary measure.Ukraine has not ratified ILO Convention No. 8 Concerning Night Work of Women Employed in Industry, or ILO Protocol 89 to the Convention Concerning Night Work of Women Employed in Industry. The particular types of jobs currently prohibited for women and the acceptable limits of weight for women to lift were determined by two orders issued by the Ministry of Health of Ukraine in 1993. Order No. 256- Order of the Ministry of Health of Ukraine, December 29, 1993, "On Confirmation of the list of difficult work and work with harmful and dangerous conditions of work, on which it is forbidden to accept women's labor" is a twenty-two page document cataloging the kinds of work for which "it is prohibited to accept the women's work." The list includes over 725 professions in forty different fields, including metal processing, chemical production, railroad, motor, sea, and river transportation, textiles and light industry, printing, agriculture, meat and fish processing, bread production, and many others. Order No. 241- Order of the Ministry of Health of Ukraine, December 10, 1993, "On confirmation of the maximum norms for women for lifting and transfer of heavy things" establishes limits for lifting for women.Maximum norms are: "for lifting and transfer of loads with alteration with other work (up to two times per hour)-10 kg; for lifting and transfer of loads constantly for the duration of a work shift-7 kg; total weight of load, transferred during the duration of each hour of work should not exceed- from a work surface-350 kg.; from the floor-175 kg; during transfer of loads on carts or in containers, the applied force should not exceed 10 kg." Official Website of the VerkhovnaRada of Ukraine [online] http://rada.gov.ua/laws/pravo/new/ (retrieved June 4, 2003).

[75] Lance Compa, "International Labor Standards and Instruments of Recourse for Working Women," Yale Journal of International Law 151 (1992), p. 151.

[76] Aida Gonzalez Martinez, "Human Rights of Women," Washington University Journal of Law and Policy 157 (2001), pp. 164-165.In seeking protection, women should be able to "seek appropriate measures themselves either by bargaining directly with employers or through legal, legislative, and political action." Compa, "International Labor Standards and Instruments of Recourse for Working Women," p. 171.

[77] Christine Haight Farley, "Men May Work from Sun to Dawn, But Women's Work is Never Done: International Law and the Regulation of Women's Work at Night," Circles: Buffalo Women's Journal of Law and Social Policy 44 (1996), p. 61.

[78] Ibid., 52.

[79] ILO Convention No. 156 Concerning Equal Opportunities and Equal Treatment for Men and Women Workers: Workers with Family Responsibilities, conference session 67, adopted June 23, 1981 (entered into force, August 11, 1983), ratified by Ukraine on April 11, 2000.

[80] ILO Convention No. 156, article 3(1).

[81] Ukrainian Codex of Laws on Labor, articles 179(1), 257 (on assistance for pregnancy and childbirth).

[82] Ukrainian Codex of Laws on Labor, article 179(2).The current monthly sum provided to women with children under three is 80 Ukrainian hryvna (U.S.$15).(One Ukrainian hryvna is worth approximately U.S.$0.19.) Women may also use their annual vacation to extend their maternity leave, and maternity leave is considered part of the length of service recorded for all workers to determine the level of pensions. Ukrainian Codex of Laws on Labor, article 180, 181.

[83] Ukrainian Codex of Laws on Labor, article 184. These prohibitions are repeated in article 134 of the Criminal Code and are punishable with correctional labor for up to one year, or the restriction of the right to hold specific positions for up to two years.

[84] ILO Convention No. 103 Concerning Maternity Protection (Revised 1952), conference session 35, adopted June 28, 1952, (entered into force September 7, 1955), ratified by Ukraine on September 14, 1956. Ukraine has not ratified ILO Convention No. 183 Concerning the revision of the Maternity Protection Convention (Revised), 1952.Convention No. 103 provides for a maternity leave of at least twelve weeks, with not less than six weeks provided after childbirth, with possible extensions in the case of illness, and guarantees cash and medical benefits provided by social insurance or public funds.Convention No. 103 also states that it is unlawful for an employer to dismiss a woman on maternity leave.

[85] Women who return to work are guaranteed breaks for breastfeeding. Ukrainian Codex of Laws on Labor, article 183.

[86] Ukrainian Codex of Laws on Labor, article 176.

[87] Ukrainian Codex of Laws on Labor, article 177.

[88] Ukrainian Codex of Laws on Labor, article 186-1.

[89] Ukrainian Codex of Laws on Labor, article 178(1).

[90] Ukrainian Codex of Laws on Labor, articles 51, 56.

[91] The prohibition on night work is the only limitation that may find legitimacy in international law. ILO Protocol No. 89 to the Convention Concerning Night Work of Women Employed in Industry (Revised 1948), conference session 77, adopted June 26, 1990 (entered into force June 26, 1990) upholds the original Convention's prohibition on employing women, without exception, in night work during a sixteen week period before and after childbirth, but allows for national laws to allow the lifting of the prohibition "at the express request of the woman worker concerned." While not extending this option to women, article 55 of the Ukrainian Codex of Laws on Labor, "Prohibition of work at night" does allow people with disabilities the option of working at night at their request.Ukraine has not ratified either Convention No. 89 or Protocol 89.

[92] Article 3 of the Maternity Protection Convention states that "pregnant and breastfeeding women are not obligated to perform work which has been determined by the competent authority to be prejudicial to the health of the mother and child." ILO Convention No. 183 Concerning the revision of the Maternity Protection Convention (Revised), 1952, article 3.

[93] Ukrainian Codex of Laws on Labor, article 182-1. Vacations are regulated by Ukrainian Codex of Laws onLabor, articles 75 and 76.

[94] Ukrainian Codex of Laws on Labor, article 185.

[95] Ukrainian Codex of Laws on Labor, article 186.

[96] Since the early 1990s, discrimination has been growing. In 2000, nearly 27 percent of industrial managers claimed that they prefer to recruit men, up from 18.9 percent in 1994. Standing and Zsoldos, Worker Insecurities in Ukrainian Industry, p. 30.

[97] As provided under Ukrainian Codex of Laws on Labor, article 174 and specified under Order No. 256- Order of the Ministry of Health of Ukraine December 29, 1993.

[98] Human Rights Watch interview with Tamara T., manager, personnel department, private industrial firm, Kharkiv, April 14, 2003.In order to protect the identity of women interviewed by Human Rights Watch, the names of interviewees have been replaced with pseudonyms.

[99] Lviv City Employment Center, "List of Free Worker Positions and Vacant Positions as of April 14, 2003."

[100] "State Statistical Report." Provided to Human Rights Watch by the Kyiv Central City Unemployment Center.

[101] Some advertisements were listed more than once.Rabota v Kharkove [online] http://www.rabota.kharkov.ua/poisk-v.php3, http://www.rabota.kharkov.ua/poisk-v.php3?i=10&s10b2=мужской, and http://www.rabota.kharkov.ua/poisk-v.php (retrieved May 21, 2003).

[102]Rabota Plus [online] http://www.rabotaplus.com.ua/search.php (retrieved May 21, 2003).

[103]Harasymiv and Moskovczuk, Ukraine: An Independent Report, p. 4.

[104] See "Vacancies: Add a vacancy," Rabota v Kharkove, available at http://www.rabota.kharkov.ua/add-v.html.

[105] Human Rights Watch interview with Tamara T., manager, personnel department, private industrial firm, Kharkiv, April 14, 2003.

[106] The y.e. is a common term used to denote (non-inflationary) hard currency. One y.e. usually corresponds to one U.S. dollar.

[107]Rabota v Kharkove [online] http://www.rabota.kharkov.ua/poisk-v.php3, http://www.rabota.kharkov.ua/poisk-v.php3?i=10&s8b2=200&s10b2=женский (retrieved May 22, 2003).

[108]Rabota v Kharkove [online] http://www.rabota.kharkov.ua/poisk-v.php3?i=50&s8b2=200&s10b2=мужской (retrieved May 23, 2003).

[109] Ibid.

[110]ProponuiuRobotu, no. 14, (April 2003), p. 62.

[111] Ibid. p. 63.

[112]Izruk v ruki, no. 14 (119) (April 14-20, 2003), p. 30.

[113] Ibid.

[114]Rabota, no. 14 (April 7, 2003), p. 5.

[115]Rabota v Kharkove, [online], http://www.rabota.kharkov.ua/list-v.php3?i=60&s4b2=Рабочие (retrieved May 15, 2003)

[116]Rabota v Kharkove, [online], http://www.rabota.kharkov.ua/list-v.php3?i=40&s4b2=Рабочие (retrieved May 19, 2003).

[117]Rabota v Kharkove, [online], http://www.rabota.kharkov.ua/list-v.php3?i=40&s4b2=Рабочие (retrieved May 19, 2003).

[118] Ibid.

[119] Lviv City Employment Center, "List."

[120] Human Rights Watch interview with Raissa R., Kyiv, April 24, 2003.

[121]ProponuiuRobotu, p. 57.

[122] Lviv City Employment Center, "List."

[123] Human Rights Watch interview with Nina N., Kharkiv, April 14, 2003.

[124] Human Rights Watch interview with Tamara T., manager, personnel department, private industrial firm, Kharkiv, April 14, 2003.

[125] Human Rights Watch interview with Maria M., business owner, Kharkiv, April 10, 2003. There are no International Labor Organization standards that preclude women from traveling on business, and work that requires business trips does not qualify as work that justifies selection of candidates based on gender.

[126] Ibid.

[127] Lviv City Employment Center, "List."

[128] Search according to the parameters: all cities, all work schedules, all ages, and specifying, alternatively, no gender specification, men specified, and women specified. Rabota Plus, [online] http://www.rabotaplus.com.ua/search.php (retrieved May 21, 2003).

[129]Rabota Plus, [online] http://www.rabotaplus.com.ua/search.php (retrieved May 21, 2003).

[130]ProponuiuRobotu, p. 31.

[131] Ibid.

[132] Ibid., pp. 22-23.

[133] "Employment," The Kyiv Post, April 24, 2003, p. 21B.

[134]Ibid., p. 25B.

[135]Vashdelevoi partner, no. 27 (405) (April 14, 2003), p. 20.

[136]ProponuiuRobotu, p. 45.

[137]Vakansii.com.ua [online] http://www.vakansii.com.ua/job_detail.html?v=70652&cnt=0&id=4 and http://www.vakansii.com.ua/job_detail.html?v=65259&cnt=0&id=4 (retrieved May 13, 2003).

[138]Premer 2000, no. 85 (2015) (April 8-14, 2003), p. 139.

[139]ProponuiuRobotu, p. 32.

[140]Rabota Plus, [online] http://www.rabotaplus.com.ua/search.php (May 23, 2003).

[141]ProponuiuRobotu, p. 25.

[142]Izruk v ruki, p. 31.

[143] Human Rights Watch interview with Vera V., Lviv, April 17, 2003.

[144]http://www.rabotaplus.com.ua/search.php?action=extshow&m_searchID=103700&m_Interval=all&m_Start=20&m_Show=20 (on May 20, 2003).

[145] For example, "Moscow- stone layers," and"Czech Republic: Toy factory, canning factory, yogurt factory, women under 45, high salary." ZaproshuemonaRoboty no. 16 (399) (April 17-23, 2003), p. 10.

[146]ProponuiuRobotu, pp. 70-71.

[147]Nova Robota, no. 13 (239) (April 7-13, 2003), p. 28

[148]Premer 2000, p. 121.

[149] Lviv City Employment Center, "List."

[150]KharkovskiiKurer, No. 28 (1045) (April 14, 2003), p. 46.

[151]Rabota v Kharkove [online] http://www.rabota.kharkov.ua/poisk-v.php3 (retrieved May 20, 2003).

[152]Premer 2000, p. 123.

[153]The Kyiv Post, April 17, 2003, p. 25B.

[154]Zaproshuemo na Robotu, p. 15.

[155]KharkovskiiKurer, p. 47.

[156]ProponuiuRobotu, p. 18.

[157]Premer 2000, p. 123.

[158]Zaproshuemona Robotu, p. 2.

[159] Human Rights Watch interview with Vera V., Lviv, April 17, 2003.

[160] Ibid.

[161] Human Rights Watch correspondence with Larisa L., April 26, 2003.

[162] Ibid.

[163] Ibid.

[164] Human Rights Watch interview with Anna A., director, employment agency, Kharkiv, April 11, 2003.

[165] Ibid.

[166] Ibid.

[167] Human Rights Watch interview with Nadia N., Kharkiv, April 12, 2003.

[168] Ibid.

[169] Human Rights Watch interview with Inna I., Kyiv, April 23, 2003.

[170] Ibid.

[171] Ibid.

[172] Human Rights Watch interview with Katia K., Lviv, April 15, 2003.

[173] Ibid.

[174] Ibid.

[175] Human Rights Watch interview with Oksana O., Kharkiv, April 12, 2003.

[176] Human Rights Watch interview with Alla A., Lviv, April 17, 2003.

[177] Ibid.

[178]ProponuiuRobotu, p. 93.

[179]Premer 2000, p. 123.

[180] Human Rights Watch interview with Nadia N., Kharkiv, April 12, 2003.

[181] Human Rights Watch interview with Katia K., Lviv, April 15, 2003.

[182] Ibid.

[183] Ibid.

[184] Ibid.

[185] Human Rights Watch interview with Olga O., Lviv, April 18, 2003.

[186] Human Rights Watch interview with Sveta S., Kharkiv, April 14, 2003.

[187] Human Rights Watch interview with Halyna H., Lviv, April 17, 2003.

[188] Human Rights Watch interview with Marina M., Lviv, April 16, 2003.

[189] Human Rights Watch interview with Tania T., Kharkiv, April 14, 2003.

[190] Human Rights Watch interview with Katia K., Lviv, April 15, 2003.

[191] Ibid.

[192] Ibid.

[193] Ibid.

[194] Ibid.

[195] Ibid.

[196] Ibid.

[197] Human Rights Watch interview with Nadia N., Kharkiv, April 12, 2003.

[198] Ibid.

[199] Ibid.

[200] Ibid.

[201] Human Rights Watch interview with Anastasia A., Kharkiv, April 12, 2003.

[202] Human Rights Watch interview with Aleksandra A., Kyiv, April 23, 2003.

[203] Ibid.

[204] Ibid.

[205] Human Rights Watch interview with Snezhana S., Lviv, April 18, 2003.

[206] Human Rights Watch interview with Lilia L., women's NGO employee, Lviv, April 15, 2003.

[207] Ibid.

[208] Ibid.

[209] Ibid.

[210] Human Rights Watch interview with Natalia N., Lviv, April, 19, 2003.

[211] Ibid.

[212] This is supported by statistical evidence showing that over 70 percent of government employees are women.See State Statistics Committee of Ukraine, Men and Women in Ukraine, p. 37.

[213] Human Rights Watch interview with Tamara T., manager, personnel department, private industrial firm, Kharkiv, April 14, 2003.

[214] Human Rights Watch interview with Katia K., Lviv, April 15, 2003.

[215] Human Rights Watch interview with YuliaY., Kharkiv, April 13, 2003.

[216] Ibid.

[217] Human Rights Watch interview with Nina N., Kharkiv, April 14, 2003.

[218] Ibid.

[219] Human Rights Watch interview with Veronika V., Kharkiv, April 13, 2003.

[220] Human Rights Watch interview with Olena O., Lviv, April 17, 2003.

[221] Ibid.

[222] Human Rights Watch interview with Tania T., Kharkiv, April 14, 2003.

[223] Human Rights Watch interview with Ella E., Lviv, April 17, 2003.

[224] Ibid.

[225]Zaproshuemo na Robotu, p. 14.

[226] Ibid., p. 3

[227]Nova Rabota, p. 24.

[228]Zaproshuemo na Robotu, p. 9.

[229]ProponuiuRobotu, p. 13.

[230] Human Rights Watch correspondence with Larisa L., April 26, 2003.

[231] Human Rights Watch interview with Marta M., Lviv, April 17, 2003.

[232] Ibid.

[233] Human Rights Watch interview with Alla A., Lviv, April 17, 2003.

[234] Ibid.

[235] Human Rights Watch interview with Valentina V., Kyiv, April 24, 2003.

[236] Ibid.

[237] Human Rights Watch interview with Alla A., Lviv, April 17, 2003.

[238] Human Rights Watch interview with Raissa R., Kyiv, April 24, 2003.

[239] Human Rights Watch interview with Luba L., Kharkiv, April 13, 2001.

[240] Human Rights Watch interview with Veronika V., Kharkiv, April 13, 2001.

[241] Human Rights Watch interview with Olena O., Lviv, April 17, 2003.

[242] Ibid.

[243] Human Rights Watch interview with Vera V., Lviv, April 17, 2003.

[244] Men are not wholly immune from this form of discrimination.One restaurant specifying male candidates advertises in Nova Robota: "Restaurant announces the selection of employees. Waiter with work experience. Man, height over 170cm."Nova Rabota no. 13, p. 25.

[245]ProponuiuRobotu, April 2003, p. 85.

[246] Ibid. In the context of employment advertising, the Russian words privlekatelnaia and priatnaia both refer specifically to physical features. Thus, both have been translated here as "attractive."

[247]ProponiuRabotu, p. 85.

[248] Ibid., p. 93

[249] Ibid.

[250]Premer 2000, p. 123.

[251]Izruk v ruki, p. 32.

[252]Rabota Plus [online] http://www.rabotaplus.com.ua/search.php (retrieved May 20, 2003).

[253]Premer 2000, p. 124.

[254]ProponuiuRobotu, p. 28.

[255]Ibid., p. 29.

[256]Nova Robota, p. 25.

[257]ProponuiuRobotu, p. 24. Human Rights Watch correspondence with Larisa L., April 26, 2003.

[258] Human Rights Watch correspondence with Larisa L., April 26, 2003.

[259] Human Rights Watch interview with Inna I., Kiev, April 23, 2003.

[260] Human Rights Watch interview with employment official, Regional Employment Center, Kharkiv, April 11, 2003.

[261] SeeInternational Helsinki Federation, Women 2000 and Rudneva et al, Alternative Report, p. 14.

[262] Prior to 1996, trade unions conducted labor inspections. Under reforms to comply with ILO convention 81, in 1996, the Ukrainian government assumed the responsibility for enforcement of the labor code and the labor inspectorate was first formed under the Ministry of Labor and Social Policy in 1996. In 2001, the body was given a degree of independence from the central structures of the Ministry of Labor, and became a state department under the competency of the Ministry of Labor, funded by the state budget, but "totally independent," according to the chief state labor inspector, VolodymyrTyotkin. Human Rights Watch interview with VolodymyrTyotkin, director, State Department of Supervision of Labor Legislation Observance, and chief state labor inspector of Ukraine, Kyiv, April 9, 2003.

[263] Inspector Plastun stated that the courts are not always willing to take up these cases, and even when they do, they "seem to promote protection of employers." Human Rights Watch interview with LudmilaPlastun, chief inspector, State Territorial Labor Inspectorate for Kharkiv Oblast, Kharkiv, April 10, 2003.

[264] Court ordered fines range from 85 to 1700 hryvna ($U.S.16-$323).Without a court decision, the inspector has the authority to fine only up to 170 hryvna (U.S.$32).Human Rights Watch interview with LudmilaPlastun, chief inspector, State Territorial Labor Inspectorate for Kharkiv Oblast, Kharkiv, April 10, 2003.

[265] Constitution of Ukraine, article 55.

[266] Human Rights Watch interview with ValeriyTerets, director, and LubovKalmykova and RaisaButaeva, consultants, socio-economic rights department, and PavloKhokakovski, head, and SergeiKozachevki, specialist, international department, Office of the Ombudsman, Kyiv, April 22, 2003.

[267] In research conducted in 1999, the Kharkiv Center for Women's Studies found that only 22 percent of female respondents are aware of their rights to some extent. Seventy-eight percent said that they did not know anything about the existence of legal regulations relating specifically to women's rights.Kharkiv Center for Women's Studies, Women in the Labor Market of Ukraine under Transition, (Kharkiv, 1999), pp. 97-98.

[268] Human Rights Watch interview with SvetlanaBeliaveva, Lviv, April 17, 2003.

[269] Human Rights Watch interview with Halyna Fedkovich, lawyer, Lviv, April 15, 2003.

[270] Human Rights Watch interview with Volodymyr Los, first deputy director, State Department of Supervision of Labor Legislation Observance, and deputy chief state labor inspector of Ukraine, Kyiv, April 22, 2003.

[271] Human Rights Watch interview with Polina P., Kharkiv, April 14, 2003; Human Rights Watch interview with Tania T., Kharkiv, April 14, 2003.

[272] A national survey of 1,500 respondents conducted by the Partnership for A Transparent Society, a Ukrainian NGO working in the fields of political reform and anti-corruption, found that 79 percent of respondents believed employees of the courts to be "corrupt," with 44 percent believing employees of the court to be "very corrupt" and only 2 percent stating that courts are "not corrupt at all." Partnership for a Transparent Society, "Ukrainian Citizens' Attitudes towards Corruption and Transparency in Society," Field Research Conducted by the SOCIS Company March 13-20, 2002.

[273] Human Rights Watch interview with ValentynaBondarovska, Kyiv, April 23, 2003.

[274] Human Rights Watch interview with Olga Pushchulina, Kharkiv, April 12, 2003.

[275] Human Rights Watch interview with Raissa R., Kyiv, April 24, 2003.

[276] Human Rights Watch interview with Viktoria V., Lviv, April 19, 2003.

[277]SerhiyHolovaty, former Ukrainian minister of justice, "Legal Eagles with Clipped Wings," The UNESCO Courier, November 1999 [online] http://www.unesco.org/courier/1999_11/uk/dossier/txt13.htm (retrieved June 11, 2003). See also World Bank, "Legal Reform Project in Ukraine" (online) http://www4.worldbank.org/legal/leglr/ukraine_lr.html.

[278] Human Rights Watch interview with Olga Pushchulina, Kharkiv, April 12, 2003.

[279] Human Rights Watch interview with OlenaKustova, lawyer, Winrock International, Kyiv, April 8, 2003.

[280] Human Rights Watch interview with ValeriyTerets, director, and LubovKalmykova and RaisaButaeva, consultants, socio-economic rights department, and PavloKhokakovski, head, and SergeiKozachevki, specialist, international department, Office of the Ombudsman, Kyiv, April 22, 2003.

[281] There are twenty-seven State Territorial Labor Inspectorates, one with jurisdiction over each oblast, as well as in the Crimean Autonomous Republic and the cities of Kyiv and Sevastopol.

[282] From February 2001 thru May 2003, the State Department on Supervision of Labor Legislation Observance initiated eighteen thematic inspections, including in 2001, an inspection on compliance with laws on women's work.State Department on Supervision of Labor Legislation Observance, "List of Thematic Inspections Conducted by State Labor Inspectors from 2001-2003," Document prepared for Human Rights Watch under the supervision of Vololdymyr Los, first deputy director, State Department of Supervision of Labor Legislation Observance, and deputy chief labor inspector of Ukraine, April 22, 2003.

[283] According to the State Department on Supervision of Labor Legislation Observance, 98 percent of the 2001 claims and 97 percent of the 2002 claims were inspected. State Department on Supervision of Labor Legislation Observance, "Statistical Data on Applications, Appeals, and Complaints received by the State Territorial Labor Inspectorates and Those Which Were Inspected for 2001, 2002, and First Quarter 2003," Document prepared for Human Rights Watch under the supervision of Vololdymyr Los, first deputy director, State Department of Supervision of Labor Legislation Observance, and deputy chief labor inspector of Ukraine, April 22, 2003.

[284] According to Tyotkin, the Labor Inspectorates have been instrumental in lowering the debt on unpaid wages from 7.2 billion hryvna (U.S.$1.4 billion) in 1999, to 2.4 billion (U.S.$456 million) in April 2003. Human Rights Watch interview with VolodymyrTyotkin, director, State Department of Supervision of Labor Legislation Observance, and chief state labor inspector of Ukraine, Kyiv, April 9, 2003.

[285] Human Rights Watch interview with NataliaIvanova, director, State Employment Service, Kyiv, April 9, 2003.

[286] Human Rights Watch interview with LudmilaPlastun, chief inspector, State Territorial Labor Inspectorate for Kharkiv Oblast, Kharkiv, April 10, 2003 and Human Rights Watch interview with VladislavAndrienko, chief inspector, State Territorial Inspectorate for Kyiv, Kyiv, April 23, 2003.

[287] Human Rights Watch interview with labor inspector, State Territorial Labor Inspectorate for Lviv Oblast, Lviv, April 18, 2003.

[288] Human Rights Watch interview with LudmilaPlastun, chief inspector, State Territorial Labor Inspectorate for Kharkiv Oblast, Kharkiv, April 10, 2003.

[289] The State Department on Supervision of Labor Legislation Observance found 1,276 violations related to "the work of women, youth, invalids, etc." but did not specify how many of these involved women's rights.No category exists for recording complaints, inspections, or violations related specifically to discrimination (of any kind). "Statistical Data on the Number of Violations and Measures Taken to Address Them, According to Inspections by State Labor Inspectors during 2002." Document prepared for Human Rights Watch under the supervision of Vololdymyr Los, first deputy director, State Department of Supervision of Labor Legislation Observance, and deputy chief labor inspector of Ukraine, April 22, 2003.

[290] Human Rights Watch interview with VladislavAndrienko, chief inspector, State Territorial Inspectorate for Kyiv, Kyiv, April 23, 2003.

[291] Ibid.During this interview, two female inspectors under the direction of VladislavAndrienko were also present and described incidents of sexual harassment on the part of employers during inspections. One of them told Human Rights Watch, "They [employers under investigation] close doors behind us, and there are hints and suggestions sometimes they try to grab us" Andrienko interrupted this inspector and dismissed these incidents, saying, "Employers are merely trying to charm the inspectors. But our inspectors are tough! It doesn't work!"

[292] Human Rights Watch interview with Ministry of Labor official, Kyiv, April 25, 2003.

[293] Human Rights Watch interview with VolodymyrTyotkin, director, State Department of Supervision of Labor Legislation Observance, chief state labor inspector of Ukraine, Kyiv, April 9, 2003.

[294] Ibid.

[295] Human Rights Watch interview with LudmilaPlastun, chief inspector, State Territorial Labor Inspectorate for Kharkiv Oblast, Kharkiv, April 10, 2003.

[296] Human Rights Watch interview with VladislavAndrienko, chief inspector, State Territorial Inspectorate for Kyiv, Kyiv, April 23, 2003.

[297] Ibid.

[298] Ibid.

[299] Human Rights Watch interview with VolodymyrTyotkin, director, State Department of Supervision of Labor Legislation Observance, and chief state labor inspector of Ukraine, Kyiv, April 9, 2003.

[300] Ibid.

[301] Human Rights Watch interview with labor inspector, State Territorial Labor Inspectorate for Lviv Oblast, Lviv, April 18, 2003.

[302] Ibid.

[303] Human Rights Watch interview with LudmilaPlastun, chief inspector, State Territorial Labor Inspectorate for Kharkiv Oblast, Kharkiv, April 10, 2003.

[304] Ibid.

[305] Ibid.

[306] Ibid.

[307] Ibid.

[308] The competency and rights of the State Employment Service are outlined in Employment Law of Ukraine, articles 18 and 19.

[309] State Statistical Report.

[310] Human Rights Watch interview with the director, Lviv City Employment Center, Lviv, April 19, 2003.

[311] Human Rights Watch interview with employment official, Regional Employment Center, Kharkiv, April, 11, 2003.

[312] Ibid.

[313] Human Rights Watch interview with PetroVasylenko, deputy director, State Employment Service, Kyiv, April 22, 2003.

[314] Human Rights Watch interview with State Employment Service official, Kyiv, April 25, 2003.

[315] Human Rights Watch interview with employment inspector, Lviv, April 16, 2003.

[316] Human Rights Watch interview with employment official, Lviv Oblast Employment Center, Lviv, April 16, 2003.

[317] Human Rights Watch interview with employment inspector, Lviv, April 16, 2003.

[318] Ibid.

[319] Human Rights Watch interview with employment official, Regional Employment Center, Kharkiv, April, 11, 2003.

[320] Human Rights Watch interview with the director, Lviv City Employment Center, Lviv, April 18, 2003.

[321] Ibid.

[322] Ibid.

[323] Human Rights Watch interview with employment official, Regional Employment Center, Kharkiv, April, 11, 2003.

[324] Ibid.

[325] Human Rights Watch interview with employment official, Lviv Oblast Employment Center, Lviv, April 16, 2003.