Ukraine

Ukraine became a fully independent sovereign state in 1991 following the collapse of the Soviet Union. By area i tis the largest country entirely within Europe, and has a population of around 41 million.[ref]https://index.minfin.com.ua/ua/reference/people/[/ref] The majority of Ukrainians consider themselves believers (61.7%), 2.5% are atheists, the number of non-believers slightly exceeds 4%, 8.2% are indifferent to religion.[ref]https://uacrisis.org/en/66314-religion-politics-ukraine[/ref] here are numerous denominations represented in Ukraine, with Christianity, Islam, and Judaism co-existing. The most widespread religion is Orthodox Christianity. At the current moment, there are six Christian Churches in Ukraine: the Orthodox Church of the Moscow Patriarchate (12% of the population), the Orthodox Church of the Kyiv Patriarchate (26.5%), the Ukrainian Autocephalous Church (1.1%), Greek-Catholic Church (7.8%), Catholic (1.1%) and Protestant churches. Many Ukrainians (24%) identify as Orthodox Christians not affiliated with any particular church (also not practicing).[ref]https://uacrisis.org/en/66314-religion-politics-ukraine[/ref] Based on the last data the number of Eastern Orthodox Christians has significantly grown over the pandemic period from 48 to 58%.[ref]http://kiis.com.ua/?lang=ukr&cat=reports&id=1052[/ref]

In November 2013, Euromaidan, a series of demonstrations and civil protests demanding closer European integration, began in Kiev. The unrest fed into a conflict with Russia, the eventual annexation of the Crimean peninsula by Russia, and long-lasting conflict in the East.

Use of Conscientious Objection clauses resulting in the denial of lawful services to women and LGBTI+ people
Religious or ideological instruction is mandatory in all or most state-funded schools with no secular or humanist alternative
Insufficient information or detail not included in this report
Insufficient information or detail not included in this report

Countries: Kazakhstan

The state is secular, with separation of religious and political authorities, not discriminating against any religion or belief
Insufficient information or detail not included in this report
No fundamental restrictions on freedom of expression or advocacy of humanist values
Insufficient information or detail not included in this report

Countries: no countries relate to this boundary condition

No condition holds in this strand
No condition holds in this strand

Countries: Andorra

No condition holds in this strand
Religious courts or tribunals rule directly on some family or ‘moral’ matters; it is legally an opt-in system, but the possibility of social coercion is very clear
No condition holds in this strand

Countries: no countries relate to this boundary condition

Localised or infrequent but recurring and widespread social marginalisation or prejudice against the non-religious

This condition is unusual in that it is applied in cases where there is some social discrimination, but it is not pervasive or nationwide. This condition is applied when there is sufficient background evidence to warrant the assertion that discrimination is not anomalous but widespread, and this condition may be applied for example even where if there is no legislative discrimination or where the non-religious may have legal recourse against such discrimination. However, societal discrimination (i.e. discrimination by peers, as opposed to state or legal discrimination) is not easily measured, and for this reason the Report does not currently have similar more severe boundary conditions to capture higher levels of social discrimination per se. In principle these may be introduced in future. However, we consider that countries with actual higher levels of social discrimination against the non-religious will generally already meet other higher level (more severe) boundary conditions under this thematic strand.

The dominant influence of religion in public life undermines the right to equality and/or non-discrimination

Applied when the influence of religion on public life undermines others’ rights, such as SRHR, women’s rights, LGBTI+ rights.

May be applied when the influence is overt (i.e. when religious laws are applied to undermine others’ rights) or covert (i.e. where religious pressure groups exert influence to affect policy)

The non-religious are persecuted socially or there are prohibitive social taboos against atheism, humanism or secularism
Complete tyranny precludes all freedoms of expression and thought, religion or belief

Applied when overriding acts of oppression by the State are extreme, to the extent that the question of freedom of thought and expression is almost redundant, because all human rights and freedoms are quashed by authorities.

Countries: North Korea

Expression of core Humanist principles on democracy, freedom and human rights is brutally repressed
Expression of non-religious views is severely persecuted, or is rendered almost impossible by severe social stigma, or is highly likely to be met with hatred or violence
There is significant social marginalisation of the non-religious or stigma associated with expressing atheism, humanism or secularism
Religious or ideological indoctrination is utterly pervasive in schools
There is a nominal state church with few privileges or progress is being made toward disestablishment

Countries: Bulgaria, Norway, Peru, Rwanda

The non-religious are barred from some government offices (including posts reserved for particular religions or sects)
‘Apostasy’ is outlawed and punishable with a prison sentence

Countries: Bahrain, Comoros, Jordan, Kuwait

‘Apostasy’ or conversion from a specific religion is outlawed and punishable by death
Some religious courts rule in civil or family matters on a coercive or discriminatory basis
Religious authorities have supreme authority over the state

Countries: Iran

State legislation is partly derived from religious law or by religious authorities
Preferential treatment is given to a religion or religion in general

This condition is applied where there are miscellaneous indicators that organs of the state offer various forms of support for a religion, or to religion in general over non-religious worldviews, suggesting a preference for those beliefs, or that the organs of that religion are privileged.

There is a pattern of impunity or collusion in violence by non-state actors against the nonreligious
State-funded schools provide religious education which may be nominally comprehensive but is substantively biased or borderline confessional
Religious or ideological instruction in a significant number of schools is of a coercive fundamentalist or extremist variety

This condition highlights countries where schools subject children to fundamentalist religious instruction with no real opportunity to question fundamentalist tenets, or where lessons routinely encourage hatred (for example religious or ethnic hatred). The wording “significant number of schools” is not given a rigid quantification (sometimes the worst-offending schools are unregistered, illegal, or otherwise uncounted); however the condition is not applied in cases where only a small number of schools meet the description and may be anomalous, as opposed to being indicative of a widespread problem.

State legislation is largely or entirely derived from religious law or by religious authorities
Anomalous discrimination by local or provincial authorities, or overseas territories
Religious or ideological instruction is mandatory in at least some public schools (without secular or humanist alternatives)
‘Blasphemy’ or criticism of religion is outlawed and punishable by death
Government figures or state agencies openly marginalize, harass, or incite hatred or violence against the non-religious
Government authorities push a socially conservative, religiously or ideologically inspired agenda, without regard to the rights of those with progressive views
It is illegal to advocate secularism or church-state separation, or such advocacy is suppressed
Prohibitive interreligious social control (including interreligious marriage bans)
Quasi-divine veneration of a ruling elite is enforced, or a single-party regime holds uncontested power, subject to severe punishment
Legal or constitutional provisions exclude non-religious views from freedom of belief
It is illegal to register an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization, or such groups are persecuted by authorities
There is a religious tax or tithing which is compulsory, or which is state-administered and discriminates by precluding non-religious groups
The non-religious are barred from holding government office
Some concerns about children's right to specifically religious freedom

This condition may apply if specifically religious education, religious materials, or specific religious denominations are so tightly controlled that children are in fact over-protected from exposure to religion and are likely unable to explore or construct their own worldview in accordance with their evolving capacities. This condition helps us to classify states (perhaps with secular constitutions) which have criminalized specifically religious beliefs or practices. This condition is not applied if the restricted beliefs or practices are found to be outlawed due to their being of an extremist variety. While this condition does not directly reflect discrimination against non-religious persons or non-religious ideas, it does represent an overall threat to freedom of thought, conscience, religion or belief; such restrictions could spill over to affect non-religious beliefs later; and they pose a risk of backlash against over-zealous secular authorities or even against non-religious individuals by association.

It is illegal or unrecognised to identify as an atheist or as non-religious
It is made difficult to register or operate an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization
 
Severe Discrimination
Systemic Discrimination
Mostly Satisfactory
Free and Equal

Constitution and government

Constitutionally, Ukraine protects freedom of thought, conscience and religion. Article 35 states, “The Church and religious organisations in Ukraine are separated from the State, and the school — from the Church. No religion shall be recognised by the State as mandatory”.[ref]https://www.kmu.gov.ua/storage/app/imported_content/document/110977042/Constitution_eng.doc[/ref]

For 75 years the Soviet authorities promoted atheism, courses on which were taught at schools. Furthermore, religion was proclaimed “the opium of the people” and banned; people were persecuted for any demonstration of religious faith.[ref]https://uacrisis.org/en/66314-religion-politics-ukraine[/ref] As with several other ex-Soviet states, religion has re-surged following the collapse of the Soviet Union.

Recent opinion polls have produced convincing results demonstrating that the Church is one of the social institutions that enjoys the greatest trust by Ukrainians. Thus, according to an opinion poll by the Razumkov Centre (2021), 68% of respondents trust the Army, 64% – volunteers, 63.5% – the church. The number of people trusting the President is almost 2.5 times lower (24.8%), trust in the Government and in the Parliament is even smaller (25% and 28% respectively).[ref]https://galinfo.com.ua/news/komu_naybilshe_doviryayut_ukraintsi__doslidzhennya_369713.html[/ref]

The 1991 Law on Freedom of Conscience and Religious Organizations (the Religious Law)[ref]https://zakon.rada.gov.ua/laws/show/987-12#Text[/ref] states that all religions enjoy equal legal status (Article 5), and, in contrast to other post-Soviet Orthodox-majority states, there are no officially recognised or unofficially endorsed “traditional religions” in Ukraine. The registration of religious organisations is simple and not obligatory for arranging religious activities (Article 8). Further, the Religious Law emphasises that the state shall not interfere in internal religious affairs and prohibits religions from being involved in political life (Article 5) with the objective being to “restore full-fledged dialogue between representatives of various social, ethnic, cultural, and religious groups to foster the creation of a tolerant society and provide for freedom of conscience and worship.”

Education and children’s rights

The law limits teaching of religion as part of the public school curriculum. In public education, the state permits voluntary religious education classes. Sometimes religious leaders and priests (usually Orthodox or Greek Catholics) are invited to public schools to give lectures and blessings, and to conduct religious services (especially in Western Ukraine, which is more traditional). Several incidents have been reported in the media where these events became de facto compulsory for the students.

There is ongoing debate on a part of the curriculum known as “Ethics of Faith” – a spiritual education course for secondary school pupils in the 5th and 6th grades – introduced by the Ukrainian government in 2014 in order to enable children to “create closer relationships with God.”[ref]https://zn.ua/ukr/UKRAINE/v-ukrayinskih-shkolah-vveli-kurs-duhovnogo-vihovannya-152816_.html[/ref]

“Christian Ethics” courses have been studied as part of school curriculum in Ukraine for a long time, since the late 1990s, and are defined by the standards of public education adopted in 2004 and 2012. A new public standard will be adopted in 2022.
Based on official data, today in Ukraine about 13% of children study Christian ethics. Those studying the subject are unevenly distributed across the regions, but it is reportedly most frequently studied in Lviv, Ternopil and Ivano-Frankivsk regions.[ref]https://life.liga.net/poyasnennya/article/naskolko-hristianskaya-etika-v-shkole-yavlyaetsya-nezakonnoy-v-chem-problema-i-chto-delat[/ref]

On 26 March 2021 during a briefing on the 100 days of the Head of the Ministry of Education and Science, Serhiy Shkarlet stated that Christian ethics courses will not be mandatory in schools. In a comment to LIGA.Life, Yuriy Kononenko, Head of the Main Department of General Secondary and Preschool Education of the Ministry of Education and Science of Ukraine, stressed that “Fundamentals of Christian Ethics” is an optional course.[ref]https://life.liga.net/poyasnennya/article/naskolko-hristianskaya-etika-v-shkole-yavlyaetsya-nezakonnoy-v-chem-problema-i-chto-delat[/ref]

As an alternative, public schools offer a course called  “Ethics”, “Learning to Live Together”, “Culture of Good Neighborliness” or similar as an elective for high school pupils, which is aimed at promotion of humanistic ideology based on the priority of human values, and shaping a humanist culture among the modern youth.[ref]https://mon.gov.ua/ua/npa/pro-nadannya-grifa-rekomendovano-ministerstvom-osviti-i-nauki-ukrayini-modelnim-navchalnim-programam-dlya-zakladiv-zagalnoyi-serednoyi-osviti[/ref] In September 2020, the government made human rights a compulsory element in the school curriculum for pupils aged 11 to 15, effective from 2022.[ref]https://www.amnesty.org/en/location/europe-and-central-asia/ukraine/report-ukraine/[/ref]

According to the Law of Ukraine On Higher Education (2014) religious institutions obtained the right to be licensed by the Ministry of Education, and their diplomas are recognized as equal to diplomas from other higher educational institutions of the country. In 2015 Ukrainian religions obtained the right to create general educational institutions, including kindergartens, secondary schools, and universities.[ref]See Article 16 of the 2001 Law on Pre-School Education, Article 11 of the Law on General Secondary Education, Article 14 of the 2014 Law on Higher Education.[/ref]

According to current official data, there are 16 religiously affiliated (Orthodox, Greek Catholic, Roman Catholic, Protestant and Jewish) private secondary schools in Ukraine. The Ukrainian Catholic University, affiliated with the Ukrainian Greek Catholic Church, is one of the most prestigious institutions of higher education in the country.

Family, community and society

Mainstream Ukrainian religious associations actively participate in public debates on human rights issues. As in many other post-Soviet countries, they promote the non-recognition of same-sex marriages, the strengthening of state support for traditional families, the banning of abortions, the rejection of fluid gender identities, and the broad right to conscientious objection for public servants, medical employees, businessmen, etc., with respect to anti-discrimination measures implemented by the state.[ref]https://fpc.org.uk/religion-and-forced-displacement-in-ukraine/[/ref]

Crimea

The annexation of Crimea by Russian Federation in early 2014 led to a rise of violent activities and human right violations, restrictions on freedoms of expression, peaceful assembly, association, religion or belief.[ref]unog.ch/80256EDD006B9C2E/(httpNewsByYear_en)/AD65B799C1432375C1257D5C0059981B?OpenDocument[/ref]

According to Freedom House’s report on Freedom in the World on Crimea (2021), Territorial courts issued the first prison sentences against Jehovah’s Witnesses for their religious activity in March, when a church member received a six-year sentence for attempting to form a congregation. In September, a prison sentence lodged against another adherent was upheld in a separate case”.[ref]https://freedomhouse.org/country/crimea/freedom-world/2021[/ref]

Almost all religious communities in Crimea have faced attacks, restrictions or other challenges apart from the Orthodox Church of the Moscow Patriarchate.

  • All the religious organisations were obliged to re-register under new, very tough rules, which significantly reduced representation. Only around 1% of communities which had state registration under Ukrainian law have succeeded in gaining the compulsory and costly Russian re-registration. Those which did not obtain the new registration status lost their right to open bank accounts, own property, invite foreign guests, and publish literature.[ref]forum18.org/analyses.php?region=86[/ref]
  • The Ukrainian Orthodox Patriarchate in Crimea have endured mob and arson attacks. By late 2014, clergy without Russian citizenship, including Greek and Roman Catholics as well as Kyiv Patriarchate clergy, were forced into exile. The home of the Kyiv Patriarchate’s Bishop of Simferopol and Crimea was burned down.[ref]atlanticcouncil.org/blogs/new-atlanticist/made-in-moscow-religious-freedom-abuses-continue-in-crimea-and-eastern-ukraine[/ref]
  • All Jehovah’s Witnesses congregations (22) were de-registered by the Russian Supreme Court in 2017. In March 2020, authorities began issuing prison sentences to adherents for their activity. That month, a Jehovah’s Witness received a six-year sentence for attempting to organize a congregation.
  • Mosques associated with Crimean Tatars have been denied permission to register, and Muslims have faced legal discrimination. At least 10 Crimean Tatars received prison sentences for their alleged Hizb ut-Tahrir membership in 2020.[ref]https://freedomhouse.org/country/crimea/freedom-world/2021[/ref]
  • A December 2020 report from the Crimean Human Rights Group, a local non-governmental organization (NGO), separately counted the detention of 69 individuals accused of membership in “extremist” Muslim organizations in the previous month.
  • Occupation authorities have confiscated numerous properties in Crimea from the Orthodox Church of Ukraine (OCU).
  • In July 2020, authorities ordered the demolition of a smaller OCU structure in Yevpatoria[ref]https://freedomhouse.org/country/crimea/freedom-world/2021[/ref]

Occupied territories of the East

Religion has been used as a ground for persecution, torture and even murder of clergy and believers in the self-proclaimed Donetsk People’s Republic and Luhansk People’s Republic.[ref]irf.in.ua/eng/index.php?option=com_content&view=article&id=449:1&catid=34:ua&Itemid=61; religionnews.com/2014/04/17/jews-ordered-register-east-ukraine/[/ref] The conflict in the East has significantly increased tensions between branches of the Eastern Orthodox Church.

Since 2018 separatists are trying to completely “ban” unwanted religious organizations, especially protestants, announcing the process of so-called “re-registration”, similar to the one, applied in Crimea. Premises are confiscated from communities, pastors are detained and beaten.

“They are using this religious terror to strengthen their illegal power. In order to eradicate any dissent and, thus, try to make the population of the occupied territories so ideologically homogeneous that there are no attempts at disobedience,” says Maksym Vasin, Executive Director of the Institute for Religious Freedom.[ref]https://www.radiosvoboda.org/a/donbas-realii-boyovyky-polyuyut-na-pastoriv/29619936.html[/ref]

LGBTI+ rights

Homophobia is widespread in Ukraine, according to a survey by the sociological group “Rating” published in August, which said 47% of respondents had a negative view of the LGBTI+ community.[ref]https://www.reuters.com/world/europe/thousands-march-lgbtq-rights-ukraine-despite-some-opposition-2021-09-19/[/ref]

The LGBTI+ community continue to face discrimination, physical violence and abuse by Ukrainian society. Amnesty International reported several violent activities against LGBTI+ people in Ukraine. There has, however, been some progress: since 2012, when a pride march was cancelled due to threats,[ref]amnestyusa.org/sites/default/files/eur500052013en.pdf[/ref] more than 7,000 people – including members of the army and government officials -attended the Equality March in 2021.[ref]https://abcnews.go.com/International/wireStory/thousands-march-ukraine-lgbt-rights-safety-80107859[/ref]

In 2015, Parliament passed legislation to ban discrimination in the workplace, but it still does not allow for same-sex marriage or adoption of children. Despite the legislation, incidences of discrimination reportedly remain high.

In August 2020, a group of counter-protesters advocating “traditional values” reportedly attacked participants celebrating LGBTI+ rights in Odesa Pride, threw objects at them, sprayed teargas and injured two policemen. The police arrested 16 people on hooliganism charges, but did not charge them with hate crimes.[ref]https://www.hrw.org/world-report/2021/country-chapters/ukraine#d91ede[/ref] The failure to prosecute them under hate crimes legislation followed a parliamentary committee decision of June that year not to advance for further consideration draft legislation increasing accountability for hate crimes, including those based on gender identity and sexual orientation, despite the fact that incidences carried out by members of far-right groups remain high.[ref]https://www.hrw.org/world-report/2021/country-chapters/ukraine#d91ede[/ref]

According to Amnesty International, three separate initiatives to ban hate crime on the grounds of sexual orientation and gender identity were discussed by parliament. These initiatives provoked criticism from religious and other groups, and none were put to a vote.[ref]https://www.amnesty.org/en/location/europe-and-central-asia/ukraine/report-ukraine/[/ref]

Freedom of expression, advocacy of humanist values

According to Freedom House,[ref]https://freedomhouse.org/country/ukraine/freedom-world/2021[/ref]

“The constitution guarantees freedoms of speech and expression, and libel is not a criminal offense. The media landscape features considerable pluralism, and open criticism of the government and investigation of powerful figures. However, business magnates own and influence many outlets, using them as tools to advance their agendas.”

While media is pluralistic and largely free, harassment of outlets in connection with their editorial policies, and intimidation and violence against journalists has been regularly reported.[ref]https://www.amnesty.org/en/location/europe-and-central-asia/ukraine/report-ukraine/[/ref] There are also reports that the police fail to uphold the rights of journalists.[ref]https://freedomhouse.org/country/ukraine/freedom-world/2021[/ref]

In January 2020, the government introduced a legislative proposal against dissemination of “disinformation” that would have jeopardized freedom of expression and media independence. The proposal did not advance in parliament.[ref]https://www.hrw.org/world-report/2021/country-chapters/ukraine#eaa21f[/ref]

In July, a journalist’s private information was hacked and published online after a media outlet she co-founded published investigative reports alleging ties between far-right groups and Ukraine’s media outlets.[ref]https://www.hrw.org/world-report/2021/country-chapters/ukraine#eaa21f[/ref]

A number of Russian news outlets and their journalists are prohibited from entering the country. Various language laws impose upon news outlets requirements that certain content be in the Ukrainian language.[ref]https://freedomhouse.org/country/ukraine/freedom-world/2021[/ref]

In Crimea

In September 2021, the Office of the United Nations High Commissioner for Human Rights (OHCHR) published a report on human rights in Crimea, noting ongoing arbitrary arrests and searches, torture of detainees, interference with the work of journalists, due process violations, and other serious abuses.[ref]https://www.ohchr.org/Documents/Countries/UA/32ndReportUkraine-en.pdf[/ref]

Based on the report of Freedom House Freedom in the World on Crimea (2021),[ref]https://freedomhouse.org/country/crimea/freedom-world/2021[/ref] during 2020 “Crimean authorities initiated strict assembly restrictions in March in response to the COVID-19 pandemic, but those restrictions were selectively applied, with a June military parade celebrating the Soviet Union’s involvement in World War II proceeding with reportedly little modification. Territorial authorities were accused of underreporting COVID-19 deaths by health-care workers in September.

A penal code provision prescribes imprisonment for public calls for action against Russia’s territorial integrity, which has been interpreted to ban statements against the annexation, including in the media or any personal statements.[ref]https://freedomhouse.org/country/crimea/freedom-world/2021[/ref]

Journalists in Crimea risk harassment, arrest, and imprisonment for carrying out their work based on principles of freedom of expression. We can call a few emblematic cases of Crimean Tatar citizen persecutions:

Since 2015 Russian media and telecommunications regulator Roskomnadzor effectively reduced the number of media outlets in Crimea by more than 90%.[ref]https://www.refworld.org/docid/5b2cb87c4.html[/ref] The occupation authorities have cut Crimea off from access to Ukrainian television; Crimean internet service providers must operate under draconian Russian media laws. In practice it also includes blocking a number of Ukrainian news sites, radio signals (by transmitting Russian programming on the same frequencies) or continued interference with journalistic work by Russian law enforcement agents.[ref]https://freedomhouse.org/country/crimea/freedom-world/2021[/ref]

The individual rights to express personal views on political or other sensitive topics without fear of surveillance or retribution have been violated by the FSB on a regular basis. They reportedly encourage residents “to inform on individuals who express opposition to the annexation, and a climate of fear and intimidation seriously inhibits private discussion of political matters”. The authorities are also reported to be monitoring social media.[ref]https://freedomhouse.org/country/crimea/freedom-world/2021[/ref]