The Equal Rights Trust (ERT) shares the deep concern expressed by human rights advocates at the adoption, in Russia, of Federal Law No. 135-ФЗ which was signed into law by President Vladimir Putin on 30 June 2013. In a legal analysis submitted to the Russian State Duma before it was passed, ERT argued that the Law would stigmatise lesbian, gay, bisexual and transgender (LGBT) persons and their relationships, and that it would conflict with Russia’s obligations under international and European law.

Federal Law No. 135-ФЗ (the Law) amends a number of pieces of legislation in Russia: 

• Article 1 amends the Federal Law 436-ФЗ on “the protection of children from information harmful to their health and development” to prohibit the distribution of information that promotes “non-traditional sexual relations” to children;
• Article 2 amends the Federal Law 124-ФЗ on “basic guarantees of children's rights in the Russian Federation” to require bodies exercising state power in Russia to protect children from information that promotes “non-traditional sexual relationships”; and
• Article 3 amends the Code of Administrative Offences to create a new administrative offence of promoting “non-traditional sexual relationships” among children, punishable by a fine of up to 500,000 rubles.

 The original draft Law prohibited the promotion of homosexuality, but was amended during its passage in the State Duma to prohibit the promotion of “non-traditional sexual relationships”. While the term “non-traditional sexual relationships” is not defined in the Law, ERT is concerned that the Law is likely to be used to prohibit any discussion of LGBT issues, particularly same-sex relationships.

In May 2013, ERT submitted a legal analysis to the State Duma which concluded that the Law would constitute a violation of various provisions of international and European human rights law including:

Articles 2(1), 19 and 26 of the International Covenant on Civil and Political Rights;

1. Articles 2(1), 13, 17 and 24 of the Convention on the Rights of the Child; and
2. Articles 10 and 14 of the European Convention on Human Rights.

ERT also expressed its concern that the Law would cause significant harm to members of the lesbian, gay and bisexual (LGBT) community in Russia, to those who work with and support them, and to children as well. Unfortunately however, the concerns expressed by Russian human rights activists, ERT and other international human rights organisations were ignored by both the State Duma and by President Putin, who signed the Law on 30 June 2013.

To read ERT’s Legal Analysis click here.