Russia’s so-called gay propaganda law reinforces “stigma and prejudice” and violates the right to freedom of expression, the European Court of Human Rights (ECHR) has ruled.

The law, which bans the promotion of homosexual behaviour to minors, has been in place since 2013.

Gay rights groups have condemned it as discriminatory and warned the law is often used as a tool to target and intimidate the LGBT community in Russia.

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Following a major court battle that ended on Tuesday, judges at the court agreed, saying that by adopting the law Russian authorities were encouraging homophobia.

They said the government had “overstepped the margin of appreciation" of Article 10 of the European Convention on Human Rights that guarantees freedom of expression.

In its defence, the Russian government claimed “that regulating public debate on LGBT issues may be justified on the grounds of the protection of morals”.

But the ECHR found in favour of three gay activists who claimed the law violated the rights to freedom of expression and prohibition of discrimination under the European Convention on Human Rights.

The court rejected the government’s claim that regulating public debate on LGBT issues had been justified by the need to protect morals, and said they had failed to demonstrate how freedom of expression would devalue “traditional families”, as Russian officials had claimed.

The judges said there was a “clear European consensus about the recognition of individuals’ right to openly identify themselves as gay, lesbian or any other sexual minority, and to promote their own rights and freedoms”.

Shape Created with Sketch. The top 15 worst countries to be gay in Europe Show all 15 left Created with Sketch. right Created with Sketch. Shape Created with Sketch. The top 15 worst countries to be gay in Europe 1/15 15. Italy Getty Images 2/15 14. Macedonia 3/15 13. Poland Getty Images 4/15 12. Liechtenstein 5/15 11. Lithuania 6/15 10. Latvia This content is subject to copyright. 7/15 9. San Marino 8/15 8. Moldova 9/15 7. Belarus Getty Images 10/15 6. Ukraine Getty Images 11/15 5. Monaco 12/15 4. Turkey Getty Images 13/15 3. Armenia 14/15 2. Russia Getty Images 15/15 1. Azerbaijan Getty/AFP 1/15 15. Italy Getty Images 2/15 14. Macedonia 3/15 13. Poland Getty Images 4/15 12. Liechtenstein 5/15 11. Lithuania 6/15 10. Latvia This content is subject to copyright. 7/15 9. San Marino 8/15 8. Moldova 9/15 7. Belarus Getty Images 10/15 6. Ukraine Getty Images 11/15 5. Monaco 12/15 4. Turkey Getty Images 13/15 3. Armenia 14/15 2. Russia Getty Images 15/15 1. Azerbaijan Getty/AFP

Commenting on the claim that minors could be “converted” to homosexuality, the court found that the Russian 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”.

One of the claimants, Nikolai Alexeyev, a leading gay rights activist, described the ruling as “an enormous court victory for LGBT people in Russia”.

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Along with two others involved in the case, Nikolai Bayev and Alexei Kiselyov, Mr Alexeyev had staged demonstrations to defend gay rights – for which he and others had been fined – and unsuccessfully applied for permission to hold gay pride parades in Russia.

The court said: “In staging their demonstrations, the applicants had not sought to interact with minors, nor intrude into their private space.

“Nothing on their banners had been inaccurate, sexually explicit or aggressive; nor could their messages have been interpreted as an invitation for tuition on gender issues.”

The adoption of the views expressed by the gay activists could “only be conducive to social cohesion”, the judges added.

“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 Strasbourg-based court oversees the application of the European Convention on Human Rights to the 47 members of the Council of Europe, of which Russia is a member.

However, it is unclear what impact the ruling will have. Although the court’s rulings are binding, Russia passed a law in 2015 saying that its constitution superseded ECHR rulings.

In a recent case, Russia’s constitutional court said an ECHR ruling ordering a compensation payment to shareholders of a defunct oil company could not be enforced.

A Kremlin spokesman said the government would “review” the court’s latest ruling.

Russia’s justice ministry also expressed its “disagreement with the conclusions of the European court” in a statement.

Homosexuality was decriminalised in Russia in 1993, but anti-gay sentiment remains strong, including in the Russian federal republic of Chechnya, which has been the subject of international condemnation following the systemic abuse of gay men.

Vladimir Putin claimed in a recent interview that the “gay propaganda” law was intended to “provide children with the opportunity to grow up without impacting their consciousness.

“When they grow up, they may take any decision on their future, including private and sexual ones.”

Denis Krivosheev, Amnesty International’s Europe and Central Asia research deputy director, backed the ECHR ruling, saying the legislation “has always been nothing short of homophobic”.

He told The Independent: “The law is blatantly discriminatory and violates the right to freedom of expression, and its introduction has undoubtedly contributed to homophobia and violence targeting LGBTI people in Russia.

“We strongly welcome today’s ruling, not least given the renewed urgency over investigating the reports of a terrifying campaign of mass abduction and torture of gay men in Chechnya.

“We reiterate our call on the Russian authorities to repeal its homophobic legislation, end discriminatory practices and fully respect every person’s right to freedom of expression.”</s>The European Court of Human Rights ruled on Tuesday that a Russian law banning the promotion of homosexuality breaches European treaty rules on freedom of expression and is discriminatory against gay people.

STRASBOURG: The European Court of Human Rights ruled on Tuesday that a Russian law banning the promotion of homosexuality breaches European treaty rules on freedom of expression and is discriminatory against gay people.

Three Russian gay rights activists brought the case against the 2013 federal statute, widely known as the "gay propaganda" law, after they were fined for holding banners to encourage acceptance of homosexuality between 2009 and 2012.

"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," the Strasbourg-based court said in a statement.

"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."

Human rights observers argue that this law has been broadly applied to target and intimidate the LGBT community in Russia. The Court concurred, arguing that its vague terminology allowed unlimited scope for abuse.

Russia has had a strained relationship with the European Court since the ECHR overruled a case decided by the Russian Constitutional Court in 2012. In 2016, the Court ruled Russia had violated the European Convention on Human Rights in all but six of its 228 judgments in Russian cases.

The ECHR oversees the application of the Convention to the 47 members of the Council of Europe, of which Russia is a member.</s>The European Court of Human Rights (ECHR) has ruled that Russia’s law banning the dissemination of gay "propaganda" to minors violates the right to freedom of expression and is discriminatory against gay people.

The Strasbourg-based court on June 20 ruled in favor of three Russian gay activists -- Nikolai Bayev, Aleksei Aleksandrovich Kiselev, and Nikolai Alekseyev -- who claimed the law violated the rights to freedom of expression and prohibition of discrimination under the European Convention on Human Rights.

"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," the court said in a statement.

"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."

Following legislation in several Russian regions, a federal law prohibiting the dissemination of "propaganda of nontraditional sexual relations" among minors entered into force in June 2013.

The law has been condemned as a ban on any public discussions of homosexuality, while authorities say it is in the interests of children.

With reporting by Reuters and AP</s>Russia's law banning dissemination of so-called gay propaganda to minors violates the right to freedom of expression, the European Court of Human Rights has ruled.

In the first major court battle for gay activists who have contested the law, the court found in favour of three gay activists who claimed the law violated the rights to freedom of expression and prohibition of discrimination under the European Convention on Human Rights (ECHR).

The applicants were awarded some 50,000 euros (Â£44,000) in total.

Over the course of several years, Nikolai Alexeyev, Nikolai Bayev and Alexei Kiselyov have staged pickets to promote gay rights and unsuccessfully applied for permission to hold gay pride parades in Russia.

"By adopting such laws the authorities reinforce stigma and prejudice and encourage homophobia, which is incompatible with the notions of equality, pluralism and tolerance inherent in a democratic society," the seven-judge panel said in the ruling.

They added that "Russian authorities overstepped the margin of appreciation" of Article 10 of the European Convention on Human Rights that guarantees freedom of expression.

Following legislation in several regions, Russia in 2013 adopted a federal law prohibiting dissemination to minors of "propaganda" legitimising homosexuality.

The law has been condemned as an outright ban on any public discussions of homosexuality while authorities were defending it, citing the interests of children.

The court on Tuesday rejected the Russian government's claim "that regulating public debate on LGBT issues may be justified on the grounds of the protection of morals".

Mr Alexeyev described the ruling as "an enormous court victory for LGBT people in Russia".

"We have managed to legally prove that by adopting those laws, Russian authorities breached their international commitments under the European Convention," he said.

Homosexuality was decriminalised in Russia in 1993, but anti-gay sentiment remains strong.

Mr Alexeyev and other activists have petitioned authorities in Russian cities for permission to stage a gay pride parade, but have been denied.

He along with two other activists has been repeatedly detained and fined for "disseminating gay propaganda".

Mr Alexeyev said Tuesday's ruling will give his advocacy group legal grounds to get the anti-gay law scrapped.

Although the court's rulings are binding, Russia in 2015 passed a law saying that its constitution superseded ECHR rulings.

In the most recent case, Russia's Constitutional Court said in January that the ECHR ruling ordering payment of nearly 1.9 billion euros (Â£1.6 billion) in compensation to shareholders of the defunct Yukos oil company cannot be enforced.</s>The European Court of Human Rights ruled Tuesday that a Russian law banning the promotion of homosexuality is discriminatory and encourages homophobia. The court also said the law breached European treaty rules on freedom of expression. “In today’s Chamber judgment 1 in the case of Bayev and Others v. Russia (application nos. 67667/09, 44092/12 and 56717/12)…</s>The European Court of Human Rights ruled on Tuesday that a Russian law banning the promotion of homosexuality breaches European treaty rules on freedom of expression and is discriminatory against gay people.

Three Russian gay rights activists brought the case against the 2013 federal statute, widely known as the “gay propaganda” law, which incorporated regional legislation.

“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,” the Strasbourg-based court said in a statement.

“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.”</s>Some regional governments had 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 Olympics in Sochi. The law technically prohibits "propaganda of non-traditional sexual relationships to minors," but authorities have used the rule to justify shutting down LGBT rights protests and fined a newspaper for reporting about LGBT issues. It also led to an investigation of Apple after it rolled out gay-friendly emojis for the iPhone, and been invoked in bazar campaigns against everything from a statue of a pair of dolphins to a video of a tiger befriending a goat.

Tuesday's ruling came in a lawsuit brought by three LGBT rights activists who were fined under local versions of the ban for protests staged between 2009 and 2012 at venues including a building used by the city administration of St. Petersburg, a children's library in Arkhangelsk, and a school in Ryazan. After losing appeals to Russia's Constitutional Court, they took their case the European Court of Human Rights (ECHR). The ECHR enforces a human rights convention ratified not only by all EU member states, but also Russia and 18 additional countries.

The ECHR ruled that the law violates international law, and rejected all the justifications for the provision by the Russian government.

"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 court wrote in an opinion agreed to by six of the seven judges who reviewed the case.

The judgement reiterated that "the Court has consistently refused to endorse policies and decisions which embodied a predisposed bias on the part of a heterosexual majority against a homosexual minority" and that the provision conflicted with a "clear European consensus about the "recognition of individuals’ right to openly identify themselves as gay, lesbian or any other sexual minority, and to promote their own rights and freedoms."

The Court also dismissed the Russian government's claims that inappropriate material could "convert" children to homosexuality.

"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 lone Russian judge on the panel, Dmitry Dedov, dissented from the ruling in an opinion that said "positive image of homosexuality adversely affects the development of children and puts them under risk of sexual violence."



The decision orders the Russian government to pay a total of 49,000 euros to the activists who brought this suit. This includes 20,000 euros awarded to Nikolay Alekseyev, a controversial LGBT activist who infuriated LGBT rights supporters by defending the Russian government's LGBT rights restrictions in the run-up to the 2014 Olympics. More recently, Alekseyev filed suit against the newspaper that uncovered the wave of kidnappings and torture of LGBT people in the region of Chechnya, which it reported were triggered by his application to hold an LGBT rights demonstration in a neighboring region.

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 that allowed for ECHR rulings to be ignored when they contradict Russia's constitution.</s>The European Court of Human Rights (ECHR) ruled Tuesday against a Russian law barring the promotion of “gay propaganda” among minors, which the court labeled discriminatory and encouraging of homophobia.

“Given the vagueness of the terminology used and the potentially unlimited scope of their application, these provisions are open to abuse in individual cases, as evidenced in the three applications at hand,” the Strasbourg, France-based court said in its decision, adding: “Above all, by adopting such laws the authorities reinforce stigma and prejudice and encourage homophobia, which is incompatible with the notions of equality, pluralism and tolerance inherent in a democratic society.”

The court, of which Russia is a member, said the law violates Article 10 (which protects freedom of expression) and Article 14 (which prohibits discrimination) of the European Convention on Human Rights, and ordered the Russian government to pay the three Russian applicants who brought the case a total of 43,000 euros ($48,000) in damages. The applicants—Nikolay Bayev, Aleksey Kiselev, and Nikolay Alekseyev—were arrested for protesting anti-gay laws in the country between 2009 and 2012.

Known as the “gay propaganda” law, the legislation was passed unanimously by the Russia’s parliament in June 2013 and outlaws equating gay and heterosexual relationships, as well as the distribution of gay-rights materials. As the BBC reports, violations can result in fines of up to 5,000 rubles ($85) for individuals; businesses and schools can face fines of up to 500,000 rubles ($8,500). Foreigners are not exempt from the law, and could face deportation if caught violating it.

The law has been used to stop gay-pride marches and to detain gay activists. It even prompted a Russian lawmaker to seek a ban on the Disney film Beauty and the Beast for what he called a “sexually deviated scene.”

Alexeyev, who was arrested in 2012 for picketing a public library with banners stating that “children have the right to know” and “gay people also become great,” called the ruling a “victory.”

Moscow, which argued that the law aimed solely “to defend morality and children’s health,” said the decision was unjust and vowed to appeal to the court’s Grand Chamber.

Though homosexuality was decriminalized by Russia in 1993 (it continued to be classed as a mental illness until 1999), anti-gay prejudice remains widespread. Indeed, Moscow has faced condemnation over what human-rights organizations have called a “gay purge” in Chechnya, the southern Russian republic where authorities have been accused of conducting a violent crackdown on more than 100 men suspected of being gay. Russian authorities have said they will investigate the claims.</s>A European court has ruled that Russia's so-called "gay propaganda law" is discriminatory, promotes homophobia and violates the European Convention on Human Rights.

The law bans "propaganda of non-traditional sexual relations around minors" and was justified by Russia's Duma as a necessary measure to protect children from homosexual influence.

On Tuesday the European Court of Human Rights in Strasbourg, France found that three gay Russian activists were discriminated against and their right to freedom of expression violated when they were fined for protesting against the law.

Nikolay Bayev, Aleksey Kiselev and Nikolay Alekseyev staged protests between 2009 and 2012, holding banners stating that homosexuality is natural and normal, and not a perversion, according to the court ruling. The activists had appealed to higher Russian courts without success.

Russia's Justice Ministry denied the law was discriminatory or that it restricted freedom of speech, and said it would appeal the ruling within three months, state-run media TASS reported.

The law is just one of many that the Duma has passed in the name of upholding what it sees as traditional family values. In January, it decriminalized some cases of domestic violence as part of this drive.

It also comes amid allegations of a brutal crackdown on gay men in the Russian republic of Chechnya. Witnesses have told CNN that hundreds of gay men have been held and abused in detention centers because of their sexual orientation. In April a Chechen government spokesman called the allegations of a crackdown "an absolute lie," and denied that gay men exist in the republic.

Homosexuality was decriminalized in Russia 1993, but homophobia and discrimination is still common.

The law considered by the European court was first passed in the country's regions but became national legislation in 2013.

The court found that the law "served no legitimate public interest," rejecting suggestions that public debate on LGBT issues could influence children to become homosexual, or that it threatened public morals.

"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 court document said.

After the ruling was announced, TASS reported that the Justice Ministry disagreed with it, saying: "The relevant acts did not establish any measures aimed at banning homosexuality or its official censure, did not contain any signs of discrimination and, in its general sense, did not allow excessive action by public authorities."

The court decided by six votes to one that Russia must pay around 49,000 euros in damages and legal fees to the three activists.

The court in Strasbourg is responsible for the European Convention on Human Rights, which applies to all 47 members of the Council of Europe, including Russia.

But President Vladimir Putin in December 2015 signed a law that allows Russia's Constitutional Court to decide whether or not to implement rulings by international courts.</s>Russia’s anti-gay propaganda law has been ruled as a violation of human rights.

Under the legislation that was made law in 2013, any event or act regarded by the Russian authorities as an attempt to promote homosexuality to minors is illegal and punishable by a fine. The legislation has been used to stop numerous gay pride parades and events since it was brought into effect.

However, in a landmark ruling today (June 20), The European Court of Human Rights has ruled that the controversial law is in breach of European treaty rules.

“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,” the court said in a statement.

“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.”

Vitaly Milonov, a lawmaker from the ruling United Russia party, said in response: “The decision … shows that our country has chosen the right path to preserve its culture and human identity.

“I’m sure that we will support the institution of a traditional strong family in future and shield children from attacks by all manner of minorities.”

The ruling made by the court is binding, because Russia is a signatory to the European Convention on Human Rights.

Following the landmark ruling, the Russian government has pledged to appeal what it labelled an “unjust” decision.
The European Court of Human Rights rules that Russia's gay propaganda law encourages homophobia, reinforces prejudice and violates the right to freedom of speech.