22 June 2017

BuzzFeed: Russia's "Gay Propaganda" Ban Violates International Law, Top Human Rights Court Rules

Some regional governments in Russia adopted versions of this legislation beginning in 2003, and it was enacted nationwide in 2013, setting up a showdown over LGBT rights ahead of the 2014 Winter Olympics in Sochi. The law technically prohibits "propaganda of non-traditional sexual relationships to minors," but authorities have also used the rule to justify shutting down LGBT rights protests, and to fine a newspaper for reporting on LGBT issues. The law led to an investigation of Apple after the company rolled out gay-friendly emojis for the iPhone, and has been invoked in bizarre campaigns against everything from a statue of a pair of dolphins, to a video of a tiger befriending a goat. [...]

"Above all, by adopting such laws the Court found that the authorities had reinforced stigma and prejudice and encouraged homophobia, which was incompatible with the values – of equality, pluralism and tolerance – of a democratic society," the ECHR wrote in an opinion agreed to by six of the seven judges who reviewed the case. [...]

"The Court found that the Government had been unable to provide any explanation of the mechanism by which a minor could be enticed into '[a] homosexual lifestyle', let alone science-based evidence that one’s sexual orientation or identity was susceptible to change under external influence," the judges wrote. [...]

The Russian Ministry of Justice vowed to appeal the ruling, which is supposed to bind the courts of Russia under the terms of the European Convention on Human Rights. But Russia has repeatedly thumbed its nose at the ECHR's authority in recent years, including adopting legislation in 2015 allowing for ECHR rulings to be ignored when they contradict the Russian Constitution.

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