Friday, 26 September 2014

Russia's Constitutional Court upholds 'homosexual propoganda' law

The Constitutional Court of the Russian Federation has held that Article 6.21 of the Code of Administrative Offences, which prohibits ‘propaganda of non-traditional sexual relationships among minors’, is constitutionally compliant. 

In a judgment dated 23 September 2014, the Court held that the propaganda law does not contravene the Constitution of the Russian Federation because:

  • it is aimed at the protection of constitutionally significant values ​​such as family and childhood;
  • it is designed to prevent harm to the health of minors, including their moral and spiritual development; 
  • it does not interfere in the sphere of individual autonomy or self-determination, including in respect of sexual identity;
  • it is not intended to prohibit or censure 'unconventional' sexual relationships;
  • it does not prevent an impartial public debate on the legal status of sexual minorities, including the organisation of public events to achieve this.

The judgment will no doubt form a significant element in forthcoming considerations of the propaganda law by both the Committee of Ministers in their supervision of the execution of Alekseyev v Russia and by the European Court of Human Rights in future complaints. 

The judgment is available here:

File: 24-П/2014

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