Constitutional Court ruled that the Russian law prohibiting propaganda of homosexuality lawful. It aims to “protect the constitutionally significant values such as family and childhood,” does not offend the dignity of gay and “does not preclude an impartial public debate on the legal status of sexual minorities».
Such conclusions expressed in the judgment handed down in the COP 23 September 2014. The case was heard behind closed doors, despite requests from applicants to hold a public meeting. Open announcement of the decision did not happen. Make it possible to amendments to the law on the status of the Constitutional Court, the State Duma adopted a few months ago.
A complaint to the Constitutional Court, recall, turned gay activists Jaroslav Yevtushenko, Nikolai Alekseev, Dmitry Isakov. They organized a picket in support of the rights of people who prefer special sexual relationship, Arkhangelsk and Kazan. The courts of general jurisdiction rendered young people fines 4,000 rubles. Servants of Themis based on changes to the Code of Administrative Offences of Russia, signed in 2013. Under the amendments, “propaganda of non-traditional sexual relations among minors, expressed in the dissemination of information aimed at the formation of … unconventional sexual attitudes, unconventional sex appeal” is an offense in Russia.
Alekseev, Yevtushenko and Iskakov tried to prove the COP that this provision is contrary to the Constitution. It is “based on prejudice” implies “debase people of non-heterosexual orientation,” argued the activists.
COP with their opinion did not agree. He found that minorities in Russia have the freedom of speech, and the state must protect their rights and interests. Nevertheless, the rights of children, in this case more important, said the COP.
- Aim pursued by the federal legislator in establishing this rule – to protect the child from exposure to information that could push it to non-traditional sexual relationships, commitment which prevents alignment of family relationships, as they have traditionally been understood in Russia and expressed in the Constitution of the Russian Federation – have court .
As a result, Article 6.21 of the Administrative Code, which introduces a ban on homosexual propaganda, has been recognized as constitutional. However, the Constitutional Court added that, in view of his interpretation of the applicants’ case can be reviewed.
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