Russia

Equal Rights Trust intervenes in prison sentencing case at the European Court of Human Rights

Yesterday a hearing took place at the Grand Chamber of the European Court of Human Rights on the case of Khamtokhu and Aksenchik v Russia in which the Court will decide whether two men convicted of crimes in Russia have been victims of gender and age discrimination, due to legislation which allows life sentences to be given only to men between the ages of 18 and 65. The Equal Rights Trust was granted permission to intervene in the case, and submitted an amicus curie on the alleged violation of the non-discrimination article (Article 14) of the European Convention on Human Rights.  

Khamtokhu and Aksenchik v Russia Equal Right Trust Amicus Curie

On 20 April a hearing took place at the Grand Chamber of the European Court of Human Rights on the case of Khamtokhu and Aksenchik v Russia in which the Court will decide whether two men convicted of crimes in Russia have been victims of gender and age discrimination, due to legislation which allows life sentences to be given only to men between the ages of 18 and 65.

Russia

The Equal Rights Trust’s work in Russia focused on combating discrimination against lesbian, gay, bisexual and transgender (LGBT) persons, a group which faces increasing discrimination at the hands of both the state and private actors. Our work in Russia saw that we:  

New Russian Regulations Force Transgendered Persons to Undergo Assessment before Receiving a Driving Licence

On 29 December 2014, the Russian government adopted Decree No. 1604 “On the list of medical contraindications, medical indications and medical restrictions to driving”. The decree potentially places restrictions on the ability of persons with specified medical conditions to obtain a driving licence. The Equal Rights Trust is concerned that this Decree discriminates on the basis of gender identity.
 
Decree No. 1604 was adopted in pursuance of Article 231 of the Federal Law “On Road Safety”, following its amendment in 2013. Article 231 provides that persons with certain medical conditions are either prohibited from driving, or are required to use special devices or vehicular adaptations, in order to receive a driving licence.

Russia Homophobic Law Submission

This legal opinion relates to Bill № 44554-6: Amendments to the Code of Administrative Offences (establishing administrative responsibility for the promotion of homosexuality among minors) which was introduced by the Novosibirsk Oblast Legislative Assembly on 28 March 2012 and which received its First Reading on 25 January 2013.

New Russian Law Conflicts with International and European Legal Obligations

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: 

Human Rights Committee Finds Discrimination in Conjunction with Violation of Freedom of Expression

London, 3 December 2012

The Human Rights Committee in a communication issued during its 106th session found the Russian Federation to have acted in violation of Articles 19 (Freedom of Expression) and 26 (Prohibition of Discrimination) of the ICCPR. The case concerned the treatment of LGBT human rights activist Irina Fedotova, who was arrested by the police and fined by a Russian Administrative Court on grounds that she breached legislation on “public actions aimed at the propaganda of homosexuality among minors” after having displayed posters promoting tolerance towards homosexuality near a local school.

Refusal to Grant Serviceman Parental Leave Constitutes Sex Discrimination

London, 5 April 2012 
 
On 22 March 2012, the Grand Chamber of the European Court of Human Rights (the Court) delivered its judgment in the case of Konstantin Markin v Russia. The case concerned a Russian military serviceman who had been denied parental leave, unlike his female counterparts. The Court found that Russia had violated Article 14 taken in conjunction with Article 8 of the European Convention on Human Rights (the Convention).
 

Strasbourg Court Says Russia's Banning of Gay Marches Violates Article 14

London, 25 November 2010

On 21 October 2010, the European Court of Human Rights in the case of Alekseyev v Russia (application nos. 4916/07, 25924/08 and 14599/09) found that freedom of peaceful assembly should be guaranteed without discrimination on the basis of sexual orientation, irrespective of the moral and religious beliefs of the majority of society. The Court held that the banning of gay pride marches due to the anticipated violent reactions and threat to public order could not be justified as necessary in a democratic society and was therefore a violation of both Articles 11 and 14 of the European Convention on Human Rights.  

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