Gender equality and justice in labor law

Abstract

Introduction. Ensuring gender equality and equity is one of the main conditions for an individual to realize the right to work granted by the State. Formation of mechanisms for implementing and guaranteeing gender equality in the field of employment is one of the priority tasks of the State. Therefore, it is the implementation of these circumstances that can ensure a real opportunity for everyone to realize the right to work and the ability to earn a living by work, thereby meeting their physical, spiritual and other needs. Therefore, any kind of discrimination, including gender discrimination, is unacceptable in this area. 

Problem Statement. The lack of fostering a culture of gender equality is one of the reasons why society does not perceive gender discrimination as a problem, which leads to violations of the right to work and its derivative rights.

Relevance. The problem of gender discrimination is relatively new for Ukraine. The process of implementing and ensuring gender equality was actualized with the signing of the Association Agreement, according to which Ukraine committed itself to ensuring gender equality in all areas, including employment. Gender equality means equal rights for men and women, equal opportunities to exercise them and receive certain benefits, which is a defining feature of a legal, social state in which the principle of equality of citizens and the rule of law is in place.

Objective. To analyze the level of the problem caused by gender discrimination in the field of employment. To study the content, significance and impact of the principle of gender equality on the state of realization of labor rights by men and women.

Methods. To achieve the stated research objective, the article uses general scientific methods (deduction, induction, synthesis, analysis) and special scientific research methods (formal legal and comparative legal).

The main results of the study. Men and women are not equal in their capabilities, abilities and needs. However, a legal, social state, such as Ukraine, must ensure that everyone, regardless of gender, has the opportunity to freely choose the field of work, develop freely, receive decent pay for their work, appropriate protection, taking into account the characteristics and needs of men and women, and generally promote respect for men's work and women's work and equalize the roles of men and women in society. In this regard, ensuring gender equality is a societal need, which is conditioned, on the one hand, by the fact of gender discrimination in the field of employment, and, on the other hand, by the need of each person to fully enjoy the benefits provided for by the Constitution and laws of Ukraine.

Conclusions. The value of a person, the ability of a person to fully realize his or her labor rights, freedoms, interests, and receive benefits cannot be determined by his or her gender and depend on gender.