- September 25, 2014
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Russian Constitutional Court held that the State Duma adopted in last year’s ban on “LGBT propaganda among minors” does not violate the basic law country because he is defending the traditional family relationships.
The plaintiffs were the founder of Moscow Pride, Nikolai Alekseev, and LGBT activist Yaroslav Yevtushenko and Kazan loan officer Dmitry Isakov, whose dismissal from the bank in the past year has caused considerable public resonance.
All three were found guilty of a violation of article 6.21 of the Administrative Code of the country “On the promotion of non-traditional values of minors” and fined four thousand. rubles ($ 104) each.
Applicants argued that the article of the Administrative Code is unconstitutional.
In the COP also decided that the law does not discriminate against the Russians on the basis of sexual preference.
Withdrawal from the Constitution?
It is believed in the Constitutional Court, the international rule of law does not oblige Russia to support and recognize same-sex unions in any form.
“The objective pursued by the federal legislator in establishing this rule – to protect the child from exposure to information able to 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 “, – stated in the conclusion instance.
Referees team at the same time acknowledged that the impact of such information to the future life of the child has not been proven.
In addition, the negotiated terms of the COP, the law on “propaganda” does not imply a negative assessment of “non-traditional sexual relations as such”, and does not detract from the dignity of citizens.
In this case, the Constitutional Court recognized that the law in a certain sense, is a departure from the “general principles of constitutionally protected individual autonomy”, but in this case it is justified.
Antic new solution
Nikolai Alekseev found the verdict “a big breakthrough for LGBT rights in Russia”.
“Based on this decision, all further bans public LGBT events in Russia are impossible, including Moscow because it is not about the promotion of homosexuality and the struggle for their rights, “- expressed confidence in an interview with activist” Russian news service “.
By coincidence, on Thursday activists of Moscow Pride appealed to the ECHR ban on the march “Gays for all the good”.
The Chairman of the Russian LGBT Network in St. Petersburg Igor Kochetkov On the contrary, felt that nothing new Constitutional Court’s decision did not specify.
“Back in 2012 on the regional laws on” propaganda “the Supreme Court said the same thing. The text, which is published today, goes beyond even the legal assessment of the law, it says that there are values that can not be even and discuss. Is from the point of view of the COP “more acceptable views” and “less than acceptable” – human rights activist said the Russian service Bi-bi-si.
As suggested by Kochetkov, the only new position in the document associated with equating the crimes against LGBT community to criminal acts against the social group, but the judges vaguely formulated this passage.
“provides for liability for offenses motivated by hatred for LGBT people, but in the judgment is the formulation:” Can be considered “- emphasizes the activist.
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