Legislation in Russia banning the promotion of homosexuality breaches freedom of expression and is discriminatory (ECHR)
In the case of Bayev and Others v. Russia (application nos.
67667/09, 44092/12 and 56717/12) the European Court of Human Rights held, by
six votes to one, that there had been: a violation of Article 10 (freedom of
expression) of the European Convention on Human Rights, and a violation of
Article 14 (prohibition of discrimination) in conjunction with Article 10 of
the Convention.
The case concerned a complaint brought by three gay rights
activists about legislation in Russia banning the promotion of homosexuality,
also known as the “gay propaganda law”. In a series of legislative acts – most
recently in 2013 – “promoting non-traditional sexual relationships” among
minors was made an offence punishable by a fine. As a protest against these
laws, the three activists had staged demonstrations between 2009 and 2012. They
were subsequently found guilty of administrative offences and given fines.
The Court found in particular that, although the laws in
question aimed primarily at protecting minors, the limits of those laws had not
been clearly defined and their application had been arbitrary. Moreover, the
very purpose of the laws and the way they were formulated and applied in the
applicants’ case had been discriminatory and, overall, served no legitimate
public interest. Indeed, by adopting such laws the authorities had reinforced
stigma and prejudice and encouraged homophobia, which was incompatible with the
values of a democratic society.
The Court held, by six votes to one, that Russia was to pay
8,000 euros (EUR) to Mr Bayev, EUR 15,000 to Mr Kiselev and EUR 20,000 to Mr
Alekseyev in respect of non-pecuniary damage. Mr Kiselev and Mr Alekseyev were
also awarded EUR 45 and EUR 180, respectively, in respect of pecuniary damage.
A total of EUR 5,963 was awarded for costs and expenses.
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