‘Homosexual Propaganda’ Laws in the Russian Federation: Are They in Violation of the European Convention on Human Rights?
RUSSIAN LAW JOURNAL Volume III (2015) Issue 2
25 Pages Posted: 16 Apr 2013 Last revised: 13 Aug 2015
Date Written: August 12, 2015
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.
Keywords: European Convention on Human Rights, European Court of Human Rights, Freedom of Expression, Human Rights, Homosexuality, Jurisprudence, Propaganda, Russia, Sexual Orientation
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