Gender Discrimination on the Job Market as the Cause of Women's Labour Rights Violation

The gender problem is an important component of the reformational processes in Ukraine on today’s stage of building a lawful state. This means providing of equal abilities for a person to realise himself/herself in all fields of social life not depending on sex. The term “gender discrimination” in the legal field is getting more sense. In this article gender discrimination manifestations in the field of labour in Ukraine, its legislative regulation and international experience of such regulation are analysed. Even though there are satisfying conditions for realizing women’s labour rights, they still need a great inner state mechanism of their protection, which will reflect perfection of national legislation and legal system in general. Of course, it is important to state about the validity of legal assistance, which is given by attorneys to the ones in court labour cases, whose rights have been violated, including the complexity and raising quantity of labour cases in national and foreign judicial practice. The authors have studied the process of nascence, incipience and development (genesis) of women’s labour rights, and all the specialities of their legal fixing in international and national legislation. Also, correlation and interaction of inner state and international rules, which regulate women’s labour in Ukraine, is regulated. The article also contains an analysis of guaranties of women’s labour rights for a vacation and during work. The character, scale of distribution and subjective factors of gender discrimination of women on the labour market, as the fundamental causes of women’s labour rights violation, are stated. The basis and order of protecting women’s labour rights in national courts and the European Court of Human Rights by attorneys are defined. The authors make great emphasis on the formulation of their own proposals considering the improvement of the women’s labour legal regulation, and protection of such rights by attorneys