The article examines the problem of gender equality and non-discrimination in the Ukrainian penal system, focusing on the situation of women, male caregivers, and LGBTQ+ persons in places of detention. It highlights the contradiction between the constitutionally proclaimed principle of equality and penitentiary practice, which is still based on the model of a “standard prisoner” and fails to address the specific needs of vulnerable groups. Special attention is given to the gender-asymmetric nature of Article 83 of the Criminal Code of Ukraine, which allows exemption from punishment only for mothers of young children, disregarding fathers as primary caregivers, as well as to the absence of special regulations for LGBTQ+ persons in penitentiary legislation.

The purpose of the article is to assess national legislation and practice in the light of international standards, including the Nelson Mandela Rules, the European Prison Rules, and the case law of the European Court of Human Rights, and to formulate proposals for aligning Ukrainian law with the principles of gender equality and non-discrimination. Drawing on international experience from Canada, EU countries, and the United States, the article substantiates the need to introduce gender-neutral grounds for parental exemption from punishment, to develop special procedures for the placement and protection of LGBTQI+ prisoners, and to ensure access to medical and psychological care, including continuity of hormone therapy for transgender persons. It concludes that these reforms are essential for Ukraine’s European integration and compliance with Council of Europe and EU standards.

Keywords: places of detention, human rights, counteracting violence, international standards, gender equality, non-discrimination, convicts, penitentiary system, protection from torture, medical care.

References

1. Constitution of Ukraine: Law of Ukraine No. 254k/96-VR (1996, June 28). Bulletin of the Verkhovna Rada of Ukraine, (30), Art. 141.
2. United Nations General Assembly. (2015, December 17). United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) (Resolution No. 70/175). https://zakon.rada.gov.ua/laws/show/995_212#Text
3. Criminal Code of Ukraine: Law of Ukraine No. 2341-III (2001, April 5). Bulletin of the Verkhovna Rada of Ukraine, (25–26), Art. 131.
4. Halai, A. O. (Ed.). (2025). Application of the Nelson Mandela Rules in sensitive situations of prison service activities of the State Criminal-Executive Service of Ukraine. Penitentiary Academy of Ukraine.