IMPLEMENTATION OF THE CONSTITUTIONAL RIGHT TO EQUALITY THROUGH GENDER ISSUES IN THE ADMINISTRATION OF JUSTICE

Abstract

The article is devoted to the current problem of gender equality in the administration of justice in Ukraine. This topic is cross-cutting, and acts as such, which should be considered as an integral part of national priorities, programs and the legislative process. Access to justice is guaranteed and ensured by effective means of judicial protection of rights. In practice, mainly, equal access to justice is ensured through legal aid mechanisms due to the complexity of the case, the emotional or material condition of the party to the process. That is why taking into account gender issues is of great importance here. The article, based on a comprehensive analysis, considers that gender equality is a fair treatment of men and women in accordance with their needs in the administration of justice. This may include equal treatment or treatment that is different, but interpreted as equivalent in terms of rights, obligations and their opportunities. In the context of the formation and development of the goal of gender equality, it very often requires measures to compensate for the social and historical disadvantage of women. That is why gender equality must be considered as an idea, as a legal category, and as a constitutional principle of law. The relevance of the issue is also determined by the fact that currently in Ukraine in the field of access to justice there are still problems of gender equality. The main purpose of the work is to conduct an independent study of the issues that arise when considering the impact of gender equality in the administration of justice in Ukraine in order to form the author’s recommendations and conclusions, to ensure effective and sustainable practice of law enforcement of the constitutional principle of gender equality in the justice system of Ukraine. The article also substantiates that gender equality and women’s empowerment are identified as key development goals, leading to effective and sustainable results, as well as fundamental for the realization of human rights. It is emphasized that no society can develop without transforming and increasing the distribution of powers, resources and choices for women and men, so that they have equal opportunities to shape their own lives in any legal relations.