The gender principle in Law as a guarantee of equality in legal regulation = O princípio de gênero no Direito como garantia de igualdade na regulação legal

Define a necessidade de uma visão mais específica da igualdade de gênero, tanto no contexto internacional quanto no ucraniano. Usa uma abordagem histórica e diferentes métodos teóricos para tentar sistematizar o conhecimento sobre feminismo, gênero, transgeneridade, direitos humanos e oportunidades das pessoas

THE GENDER PRINCIPLE IN LAW AS A GUARANTEE OF EQUALITY IN LEGAL REGULATION

The development of modern Ukraine on the basis of the new forms of social relations between the sexes must be carried out in accordance with world universal standards of human rights and equality between the sexes. The article defines the need for a more specific view of gender equality. Using the historical approach and different theoretical methods, the article attempts to systematize knowledge about feminism, gender, transgender, human rights and opportunities of people. The article contains an analysis of gender discrimination and violence and defines ways of overcoming them. The study focuses on the legal aspects of equal rights and opportunities in both international legal acts and Ukrainian legislation. The paper studied how a gender approach in politics, economics and social spheres was being developed. Measures taken to ensure the equal distribution of family responsibilities, ensuring a reduction in the gender pay gap, were analyzed. The main areas of gender equality guaranteed by international and domestic law were identified as follows: equal access to management positions, access to labor market participation, elimination of occupational segregation, violence and discrimination based on gender, unpaid time off, etc. The priorities of the state gender policy for the last 5 years were investigated.The development of modern Ukraine on the basis of the new forms of social relations between the sexes must be carried out in accordance with world universal standards of human rights and equality between the sexes. Article defines the need for a more specific view of gender equality. Using the historical approach and different theoretical methods, article attempts to systematize knowledge about feminism, gender, transgender, human rights and opportunities of people. The article contains an analysis of gender discrimination and violence and defines ways of overcoming them. The study focuses on the legal aspects of equal rights and opportunities in both international legal acts and Ukrainian legislation. The article studied how a gender approach in politics, economics and social spheres was being developed. Measures taken to ensure the equal distribution of family responsibilities, ensuring a reduction in the gender pay gap, were analyzed. The main areas of gender equality guaranteed by international and domestic law were identified as follows: equal access to management positions, access to labor market participation, elimination of occupational segregation, violence and discrimination based on gender, unpaid time off, etc. The priorities of the state gender policy for the last 5 years were investigated

Interpretation of the value of human rights in the context of modern forms of legal understanding

A long-term discussion about legal understanding has identified some main approaches to defining its concept, in particular among them: natural law and positive law. In this context, the question of the value of human rights in the context of these types of legal understanding is fundamental to legal science. Considering the above, inter alia, it is also important to find out whether human rights are natural or whether they require formal recognition and consolidation, being positive. The aim of the study is to consider the main features of the interpretation of the value of human rights in the context of natural and positive types of legal understanding, as well as to compare them. Consideration of the subject of research was carried out within the framework of an integrated approach, which involves a combination of such special methods as structural-functional, comparative-legal and formal-legal analysis methods. The article examines the two most popular types of legal understanding, in particular, natural law and legal positivism. According to positive law, human rights should be enshrined in laws, regulations and sources of legal norms. It should be noted that in the modern world, law, which includes human rights, is understood as a system of legal norms that are issued and protected by the state, which to a greater extent reflects a positive legal understanding. The essence of the theory of natural law is that in addition to positive law, which is created by the state, there is a common natural law for all people, standing above positive law. That is why natural law is realized in positive law and becomes its content. Thus, human rights and freedoms enshrined in the generally recognized principles and norms of international law have become the criterion of the legal basis for national systems of positive law