Kseniya Kirichenko History Two similar drafts federal laws on amending the Criminal Code of the Russian Federation to criminalize the propaganda of homosexualism 2003 2006 ID: 330713
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Slide1
No Promo Homo Laws in Russia
Kseniya KirichenkoSlide2
History
Two similar
drafts
federal laws on
amending
the Criminal Code of the Russian Federation to criminalize the
“propaganda
of
homosexualism” (
2003, 2006
)
However
, all these attempts remained unfruitful:
no “minors”
criminal offence
no aggressive negative anti-LGBT official discourse at that timeSlide3
First Regional Law
The first regional law on “propaganda of homosexualism among minors” (Ryazan, 2006
):
o
nly
administrative sanctions
(fines)
n
o
definition of “propaganda
”
2010 – decision of the Russian Constitutional Court on this law. No violation of the Russian Constitution:
protection of traditional values, family, childhood and motherhood
definition of propaganda: “public activities aimed at deliberate and uncontrolled dissemination of information capable of harming the health, moral and spiritual development, including by forming misrepresented conceptions of social equality of traditional and non-traditional marital relationships”
risks for any further litigation attempts
Slide4
2011-2012: Regional Laws
2011 – 2012: active regional legislative
initiative
9 different regions + discussions
legalization of the Constitutional Court’s definition
not only “
homosexualism
” but also “lesbianism, bisexualism and transgenderness”
huge fines
links with pedophilia
involvement of the “Russian Orthodox Church”Slide5
Responses
public campaigns (petitions, street protests)
expert opinions
litigation (challenging the law itself, or its application; future actions – UN and the
ECtHR
; frameworks and different cases)
simple mention of homosexuality or discussing social status of sexual minorities is not negative
not all public activities could be recognized as propaganda (general neutral information about homosexuality could be disseminated; public legal events including open public debates about social status of sexual minorities – without imposing homosexual life attitudes – could be organized)
international attention
UN alternative reportsSlide6
Consequences
blackmailing and harassment
hate speech
hate crimes and their justification