via “Громадський Простір”/Public Space
Sviatoslav SHEREMET, Policy and Legislation Coordinator of the National MSM Consortium #MSM_PRO, an association of a number of NGOs based on the significant participation of LGBTI communities, continues to explain why Ukraine's legislative adoption of the Civil Partnership Registration is now #ontime. We bring to your attention a new interview on this topic.
Judging by the recent statements of Ukrainian politicians in the media, the authorities tend to identify the legislative permission of the RCP exclusively as "legalization of same-sex marriages." What is your opinion on this?
Let me disagree. After the recent statement of the Holy Father Francis in support of the CIVIL (I emphasize!) Right of men and women to enter into a partnership with a person of the same documentary sex - the difference between marriage and partnership looks like the difference between a church and a fitness club. My position is radical: let marriage in Ukraine remain exclusively a union of one man with one woman. In my opinion, supported by life observations, the institution of marriage is very cumbersome, too burdened with domestic symbolism and ritual, inflexible, and therefore - in general inconvenient and unattractive for modern man.
We are creating a completely new legal institution, based primarily on the position of comfort, compliance with today's dynamic needs of a person in personal life, and most importantly, we make this institution immediately on the basis of the best care for children in "same-sex" families. not "divided", as is the case with heterosexual divorce.
It seems to me that Ukrainian politicians have long understood the fundamental difference between marriage and civil partnership, and therefore no rational objections to the introduction of the institution of partnerships are possible. His "coming" is inevitable. At least because modern law, like the primordial abyss from which the universe arose, does not tolerate emptiness. And the RCP institute properly eliminates this legal vacuum. And in this sense, even the Supreme Pontiff is in solidarity with us.
In your opinion, how wide is the circle of citizens today who would like to take advantage of this innovation in the Legislation of Ukraine?
It's like a tick-talk network. As soon as you find out about it, you will immediately want to register. There is nothing more attractive than a social and legal institution, created as if specially "for you" and not burdened with unnecessary metaphysical philosophy, which burdens marriage.
RCP is the shortest path between the needs of the modern man who creates a married couple and the recognition of such a couple at all levels, where necessary, from obligations to the partner's child to, sorry for the straightforwardness, the right to bury the partner after his death. This institution is not tied to the biological feature of sex at all. Biologically, it takes into account only the age of marriage consent, that is, from the age of 18, any two people have the right to enter into a partnership and have happiness in it. Both heterosexual and same-sex couples will do this. This proves the experience of all countries where it works. And no one deprives anyone of the right to marry. You will have a choice - either marriage or partnership. The dream of freedom of choice in the complete absence of public condemnation and loyalty of the state. Here is our concept.
At what stage is the advocacy of the RCP by your working group of activists currently?
The bill in the draft, close to the pre-final version, is ready. Argumentation - legal, moral, economic, statistical, epidemic, image, even religious (we do not touch marriage!) - is ready. People's deputies who are happy to submit the bill for consideration are ready. The legal position of key stakeholders is on the side of RCP implementation. Even the anti-corruption movement supports this institution, because once the RCP in Ukraine is made possible, it will be difficult to transfer property to an alleged stranger who is actually your partner. On the side of the RCP is the whole judicial system, because it will be relieved of cases of division of property and inheritance after the death of one of the partners or one of the partners - because in the existence of the RCP it will happen on the basis of ordinary law. Churches will also become calmer, because it will immediately become clear that individual members of the flock should not be drawn by force to the Kingdom of Heaven, because they consciously prefer the kingdom of earth. Conventionally speaking, God will be God, and the emperor - the emperor.
The official submission of the bill for consideration is within a certain chain of political lobbying. We need to see a new human rights strategy in the near future, which will be approved by a presidential decree. We asked that the RCP not be mentioned directly in the strategy so as not to tease anyone, but the new strategy will create a common framework that will enable the RCP in Ukraine.
I would like to draw your attention to the fact that Ukraine has almost just received a strong signal from the UN system, because in one of the UN thematic reports on the state of human rights and freedoms in Ukraine for LGBTI people, the recommendation to introduce RCP is central, along with several other recommendations. which we will not mention now.
It may be news to some, but the Ukrainian Ombudsman also officially recommends the introduction of the RCP - and this is an extremely powerful human rights message for Parliament. And in the Parliament, fortunately, now there are quite conscious and contractual, I would say - cynical and pragmatic individuals, and the adoption of a new law on the RCP will not be a problem for them in the end. And I have not yet talked about the connection between the introduction of the RCP and the investment climate. But the Government is well aware of this connection.
To what extent, in your opinion, is Ukrainian society ready for a broad public debate on this topic?
And why do we assume that the introduction of RCP requires a broad public debate? Public discussion is needed when it comes to changing a legal configuration that will affect everyone in society. For example, about Ukraine's course in NATO or Eurasian structures. Or about retirement age. Or about the health insurance system. If broad sections of the population remain committed to the institution of marriage, what do they care about any partnership? After all, we do not annul a marriage, we do not question it. On the contrary, we elevate it to a high and honorable status of legislative immunity and do so quite consciously, and such actions run counter to how it happens in a number of European countries. I can only be proud that Ukraine is able to pave its own path in matters of marriage and RCP, without looking at anyone. Perhaps, then Moldova, Belarus, the Caucasus and Central Asian countries will follow our path. Let's see.
Discussion is needed, but only among those who may really need the institution of partnership. And only in order to filigree grind it from a legal point of view. There are many legal theorists in Ukraine who are simply rubbing their hands in anticipation of a professional legal discussion around the RCP, because a number of narrowly specific features of this new institution for Ukraine will still be actively discussed in professional circles. I can compare this to determining the legal grounds for the abolition of slavery. It seems that the case is noble, but when different countries went through this stage at the legal level, not everything was clear. Therefore, it will be, first of all, interesting! We do not yet know in full what detailed configuration of the RCP we will get. That is why all opinions about the peculiarities of this institution are so critical.
If someone understands that the RCP is of no use to him or her, then it is not necessary to participate in the discussion. For example, I do not care about the fate of amber deposits in Ukraine. Truth! So I do not get into this discussion. If someone is indifferent to the RCP, then why drag him or her into a discussion on this issue? So let's follow the old Ukrainian rule: when someone is in pain, he has the right to talk about it!
Why, in your opinion, the authorities should be interested in considering this Bill as soon as possible?
They are not "should", but already very interested. Because it removes a lot of challenges and inconsistencies, or in legal language - conflicts. I have already spoken about the blood interest of the judiciary. And now let's take those 6 and 7 thousand citizens of Ukraine who have ALREADY married or partnered with foreigners of their documentary sex or even just got married. After all, this has long been possible in Denmark or Portugal, and in the local rags, people were registered in the queue a month in advance to go through the marriage ceremony, which is not yet possible in Ukraine. That is, abroad they are recognized partners or spouses, and in Ukraine - no one. Of course, the Foreign Ministry is interested in resolving this conflict.
I have already spoken about the anti-corruption interest. I will also mention the military interest. For example, a man or a woman dies in the environmental protection. He or she is declared missing or missing, if the fact of death is not known for sure. This was the standard situation in the midst of the military conflict in the east of the country. Then his body is found, and it is recognizable. And this man, say, lived in a couple with a partner of the same sex. Therefore, the Council has already passed a law according to which partners of the same sex acquire full procedural rights to recognition, along with a foreign wife. A wise and rational step by Parliament. The introduction of the RCP is a step in the same series.
Now let's take the epidemic context. A person takes the best care of his health when he is in a partnership, intimate relationship with another person, and does not live alone. Therefore, the more recognized partnerships in the country, regardless of gender, the better the epidemic situation in the context of sexually transmitted diseases. This is quite obvious for the whole field of health care, and if someone is not aware, I will report that even now, in our time, doctors have abandoned the so-called heterocentric model of communication with the patient. For every doctor, by default, it is acceptable for their patient to have an intimate relationship with a person of the same biological sex. Whichever way you go, it's all about the rationality of RCP implementation. And I would even say to the "recognition" of civil partnerships,
What impact will the fact of the RCP Legislative Permit have on both the domestic social policy of Ukraine and the policy at the international level?
This will have the effect of radically improving the social climate, improving investment attractiveness, Ukraine's growth in the heap of international rankings, and in general will give more confidence in finding its place in the system of modern international relations, which is rapidly changing and needs from every nation. dynamic and bold decisions.
The Ukrainian Helsinki Human Rights Union is implementing the project "Development of a legal network to protect the rights of people living with HIV / AIDS, representatives of key PLHIV communities and people with tuberculosis" with the financial support of the All-Ukrainian Network of People Living with HIV / AIDS " in the framework of the project" Reducing the burden of tuberculosis and HIV through the creation of universal access to timely and quality diagnosis and treatment of tuberculosis and its resistant forms, expanding evidence-based prevention, diagnosis and treatment of HIV, and creating sustainable and viable health systems "I", implemented with the financial support of the Global Fund to Fight AIDS, Tuberculosis and Malaria.
Translated from “Громадський Простір”