No Promo Homo Laws in Russia Kseniya Kirichenko

No Promo Homo Laws in Russia Kseniya Kirichenko

• Two similar drafts federal laws on amending the Criminal Code of the Russian Federation to criminalize the “propaganda of homosexualism” (2003, 2006) • However, all these attempts remained unfruitful: • no “minors” • criminal offence • no aggressive negative anti-LGBT official discourse at that time History

• The first regional law on “propaganda of homosexualism among minors” (Ryazan, 2006): • only administrative sanctions (fines) • no definition of “propaganda” • 2010 – decision of the Russian Constitutional Court on this law. No violation of the Russian Constitution: • protection of traditional values, family, childhood and motherhood • definition of propaganda: “public activities aimed at deliberate and uncontrolled dissemination of information capable of harming the health, moral and spiritual development, including by forming misrepresented conceptions of social equality of traditional and non-traditional marital relationships” • risks for any further litigation attempts First Regional Law

• • 2011 – 2012: active regional legislative initiative 9 different regions + discussions legalization of the Constitutional Court’s definition not only “homosexualism” but also “lesbianism, bisexualism and transgenderness” • huge fines • links with pedophilia • involvement of the “Russian Orthodox Church” 2011 -2012: Regional Laws

• public campaigns (petitions, street protests) • expert opinions • litigation (challenging the law itself, or its application; future actions – UN and the ECt. HR; frameworks and different cases) • simple mention of homosexuality or discussing social status of sexual minorities is not negative • not all public activities could be recognized as propaganda (general neutral information about homosexuality could be disseminated; public legal events including open public debates about social status of sexual minorities – without imposing homosexual life attitudes – could be organized) • international attention • UN alternative reports Responses

• blackmailing and harassment • hate speech • hate crimes and their justification Consequences