‘Homosexual Propaganda’ Laws in the Russian Federation: Are They in Violation of the European Convention on Human Rights?
The Russian Law Journal has published my article "'Homosexual Propaganda' Laws in the Russian Federation: Are They in Violation of the European Convention on Human Rights?".
The issue also contains an interesting editorial by Chief Editor, Professor Dmitry Maleshin, about the challenges faced by discussing Russian law outside of its national jurisdiction.
Here is the abstract for my article:
This article examines recently enacted legislation in the Russian Federation designed to regulate so-called ‘homosexual propaganda.’ Through an analysis of the extant jurisprudence of the European Court of Human Rights (Eur. Ct. H.R.) in respect of discrimination on the grounds of sexual orientation, the article considers the extent to which the existence and enforcement of ‘ homosexual propaganda’ laws can be said to violate rights and freedoms guaranteed by the European Convention on Human Rights (ECHR). The article demonstrates weaknesses in current Eur. Ct. H.R.’s jurisprudence – specifically in relation to Arts. 10, 11 and 14 of the ECHR – and argues that it requires significant evolution to better protect sexual minorities in Russia and elsewhere.