Gay Rights in Russia? Russia's Ban on Gay Pride Parades and the General Principle of Proportionality in International Law
6/2 Journal of Eurasian Law 22 (2013)
25 Pages Posted: 22 Jul 2013 Last revised: 21 Dec 2013
Date Written: July 22, 2013
The Russian Federation, along with several of its constituent republics and regions, has recently enacted laws prohibiting "Gay Propaganda" and restricting the adoption of children to countries which recognize same sex marriage. The Russian laws have been adjudicated and found constitutional, as reasonable restrictions on fundamental rights necessary to secure state interests in protecting the family and ensuring reproduction. At the same time, the Russian laws are violations of Russia's international obligations to respect the fundamental right of free speech under the European Convention of Human Rights and the International Covenant on Civil and Political Rights. This article examines the application of the proportionality principle in Russian constitutional law and international human rights law to explain why the results differ. It also explains the political dynamics which shape and will shape the construction of LGBT rights in Russia.
Keywords: LGBT, Lesbian, Gay, Bisexual Transgender, Queer, Human Rights, Fundamental Rights, Constitutional Rights, Russia, Gay propaganda, Putin, United Russia, Russia United, orthodox, heteronormative, freedom of speech, first amendment, ICCPR, ECHR, European Convention on Human Rights
JEL Classification: K3, K30, K33
Suggested Citation: Suggested Citation