Journal article Open Access

Ban of Discrimination as a Principle of Labor Law

Diana V. Dhuha

The article reveals the essence of discrimination as one of the main principles of labor law. The role of labor rights in life of each person contributes to the necessity of their proper legal regulation. On the one hand any legal regulation begins with enshrining of basics of law which are principles that ensure integrity and uniformity of the system of law. On the other hand, aspiration of Ukraine to establish democratic society requires Ukrainian legislation to be complied with recognized world and European norms and standards. All of that highlights the need for scientific development and topicality of this issues.

For better understanding of the principle of ban of discrimination the article provides brief theoretical basics of this issue. Special attention is paid to the analysis of the main international and national acts which regulate the principle of the ban of discrimination. The author underlines that taking into account a significant level of legislator’s attention to the issues of the ban of discrimination on international level Ukrainian legislation has gaps in this sphere.

The practical aspect of this issue is represented by analysis of the most common types of discrimination in Ukraine particularly discrimination according to sex, age and nationality. 

Discrimination on the basis of sex is represented by unreasonable advantages and when unfavorable conditions are created for men and women. People of retirement age or pre-retirement age as well as graduate students which are unexperienced suffer from age discrimination. Roma people mostly suffer from discrimination on the basis of nationality in Ukraine.    

The author focuses on the fact that employers are not obliged by legislation and state to bear liability for discriminate attitude or behavior against employees which complicates protection of the rights of the person who was a victim of such behavior.

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