Yahoo – AFP,
Arnaud Bouvier with Anna Malpas in Moscow, June 20, 2017
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| Although homosexuality was decriminalised in Russia in 1993, prejudice is common and human rights activists allege widespread abuse (AFP Photo/OLGA MALTSEVA) |
Strasbourg
(France) (AFP) - The European Court of Human Rights on Tuesday blasted as
discriminatory Russian legislation banning the promotion of homosexuality,
saying it fuelled homophobia and prejudice.
The ruling
was welcomed by gay activists in Russia who had lodged the case, but Moscow
said it would appeal.
The
legislation had made "promoting non-traditional sexual relationships"
among minors an offence punishable by a fine. It was also an offence to say
that gay relationships were equal to heterosexual ones.
The
Strasbourg-based court said the Russian laws "reinforced stigma and
prejudice and encouraged homophobia," which was "incompatible with
the values of a democratic society".
Although
homosexuality was decriminalised in Russia in 1993, prejudice is common and
human rights activists allege widespread abuse.
Three gay
activists -- Nikolay Bayev, Aleksey Kiselev and Nikolay Alexeyev -- had staged
protests outside a school, a children's library and a government building
holding banners that said homosexuality was not a perversion.
They were
subsequently fined and appealed against the ruling in Russian courts. But their
complaints -- right up to the Constitutional Court -- were unsuccessful.
The
Constitutional Court had said the ban was justified on the grounds of
protection of morals and spoke of the potential dangers of "creating a
distorted impression of the social equivalence of traditional and
non-traditional marital relations".
'These
laws must be abolished'
The trio
then filed applications with the European rights court in 2009 and 2012.
The
Strasbourg court said the fines imposed on them breached articles in the
European Convention of Human Rights regarding freedom of expression and
discrimination.
It ordered
Russia to pay 8,000 euros ($8,900) in damages to Bayev, 15,000 euros to Kiselev
and 20,000 euros to Alexeyev.
Russia's
justice ministry said it would appeal, and was "preparing legal arguments
explaining Russia's position."
Kremlin
spokesman Dmitry Peskov did not react immediately, saying: "Certainly we
will be examining this decision. I have not seen the wording of it, so I cannot
comment."
Alexeyev,
who runs the GayRussia website, told AFP: "This is an enormous legal
victory for the LGBT in Russia. The ruling is yet one more proof that LGBT
activists are discriminated in Russia and their rights are violated.
"These
discriminatory laws now must be abolished," he said in a statement, adding
that they had no place "in a free, civilised and democratic and country in
the 21st century".
Under the
various Russian laws, if individuals use media or the internet for homosexual
"propaganda" they can be fined up to 100,000 rubles ($3,000).
Organisations can be fined up to one million rubles andrisk being closed down
for up to 90 days.
Foreign
nationals who use media or the internet for propaganda, can be fined up to
100,000 rubles, detained for up to 15 days and deported.
Another law
makes "public actions expressing clear disrespect for society and
committed to the goal of offending religious feelings of the faithful"
punishable with up to a year in jail and fines of up to 300,000 rubles.
The same
actions committed in places of worship are punishable by up to three years in
prison and a fine of up to 500,000 rubles.
The ruling
dismissed Russia's defence that it was defending traditional values, said a
statement from the court.
People had
the right to "openly identify themselves as gay, lesbian or any other
sexual minority, and to promote their own rights and freedoms," it said.
The ruling
also rejected Moscow's claims that minors risked being swayed by others into
becoming homosexual. Russia had provided no "science-based evidence"
to support the claim, said the ruling.
Homosexuality
was considered a crime in Russia until 1993 and categorised as a mental illness
until 1999.
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