The theoretical and legal foundations of prohibiting discrimination against war veterans

Problem setting. One of the problems of contemporary law is ensuring the observance of the rights of war veterans and their unbiased treatment, which is conditioned by the steady growth of this category among the population and the significance of military feats of war veterans for Ukrainian statehood. Purpose of the research. The purpose of the article is to analyze the theoretical and legal foundations of prohibiting discrimination against war veterans in modern conditions. The article aims to address the following tasks: 1) whether the status of a war veteran falls under the current concept of a “protected ground” in Ukrainian anti-discrimination law; 2) whether veteran status requires independent normative recognition as a basis for enhanced legal protection; 3) the correlation between the principles of equality, non-discrimination, and affirmative action regarding war veterans.the possibility of including the legal status of war veterans among the list of protected grounds in anti-discrimination law. The research is based on works addressing the theory of equality law and criteria for defining protected grounds (Kate Malleson), the justification of interrelations between equality, non-discrimination, and protected characteristics (Sandra Fredman), and the principle of equality (Anne Bayefsky). Ukrainian scholars who have addressed the issue of protected grounds in anti-discrimination law include Yu. V. Pozharov, O. V. Pozharov, S. V. Vyshnovetska, T. A. Doroshenko, among others. Article’s main body. The article examines the problem of rethinking classical approaches to the list of protected grounds in anti-discrimination law and the limits of applying the principle of equality, caused by the transformation of Ukrainian society and the formation of war veterans as a new socially vulnerable group. The author notes that contemporary anti-discrimination law is developing toward an expanded understanding of protected grounds, combining formal, substantive, and rights-based approaches. Current Ukrainian legislation does not explicitly recognize war veteran status as an independent protected ground; however, the category of “other grounds” in the definition of discrimination potentially allows inclusion of veteran status if discriminatory treatment is proven. This indirect approach does not ensure sufficient legal certainty and may complicate the practical implementation of antidiscrimination protection for war veterans. The relationship between the principles of equality, non-discrimination, and affirmative action in modern legislation is analyzed. The principle of equality in contemporary law is considered in a substantive sense, which implies not only a prohibition of unjustified differential treatment but also the state’s duty to eliminate the consequences of structural inequality. In this context, affirmative action is not an exception to the principle of equality but a mechanism for its implementation, aimed at ensuring real equality of opportunities for socially vulnerable groups, including war veterans. Conclusions and prospects for development. It is substantiated that affirmative actions regarding war veterans have a broader scope than traditional measures in labor and social security and encompass a complex of state support in various spheres of social life. A theoretical and legal approach is proposed for considering war veteran status as a potential independent protected ground in anti-discrimination law and for defining the limits of applying affirmative action to this category. It is suggested to normatively enshrine the legal status of war veterans as a protected ground in anti-discrimination legislation to strengthen the guarantees of legal protection for this category of persons. The results can be used for further development of anti-discrimination legislation, law enforcement practice, and the formation of state veteran policy aimed at ensuring real equality and effective protection of the rights of war veterans.