From Pride to Persecution: The Plight of LGBTQ+ Russians
INTRODUCTION
In November 2023, the Russian Supreme Court categorized the “international LGBT movement” as extremist and listed it as a terrorist organization, thereby prohibiting all LGBTQ+ organizations and their activities in the nation.[1] This drastic decision fuels a culture of fear and persecution against LGBTQ+ individuals, effectively depriving their fundamental rights to expression, assembly and association which is guaranteed by the International Covenant on Civil and Political Rights (“ICCPR”).[2] Consequently, there were numerous arbitrary and discriminatory convictions of LGBTQ+ individuals and activists advocating for their rights.[3]
CRIMINALIZATION AND PENALTIES
Russia's Supreme Court labelled the LGBTQ+ community as extremist, arguing that they violated laws by threatening to incite religious and social conflict, and subsequently prohibited all their activities. Russian authorities have the power to label any community or political entity as extremist, using counterterrorism and anti-extremism laws to suppress groups they accuse of causing social and religious disruption.[4] This often involves criminalizing their exercise of freedoms, including religion, belief, association, and expression. The above ruling banned the display of the rainbow flag, classifying it as a prohibited symbol. Under Russian criminal law, individuals convicted of displaying symbols of extremist groups can face imprisonment ranging from fifteen days to four years.[5] Moreover, participating in or financing an extremist organization could lead to a maximum prison sentence of twelve years.[6] The suspected individuals may be included in the nationwide “list of extremists and terrorist organisations” with their bank accounts frozen.[7] In light of this, Tanya Lokshina, who serves as the Associate Director for Europe and Central Asia at Human Rights Watch, remarked, “Russian authorities tried to erase LGBT visibility, and now they have criminalized it.”[8]
ARBITRARY LEGISLATIVE MEASURES
Prior to the Supreme Court’s decision in 2023, there has been a series of legislative measures have been implemented which have severely restricted the rights of LGBTQ+ individuals reflecting deeply entrenched homophobic stances within the government’s policies. In 2022, the enactment of Anti-LGBTQ+ Gay Propaganda Laws marked a significant development, imposing restrictions on nontraditional sexual relations in public spaces.[9] The laws aim to inhibit the discussion and depiction of information about LGBT individuals, particularly in the interest of children. Subsequently, additional legislation was introduced to prohibit medical intervention related to gender transition.[10] Furthermore, LGBTQ+ individuals and couples have been barred from adopting children, exacerbating the limitations on their rights.
SEVERE VIOLATION OF HUMAN RIGHTS
These drastic changes in Russia suppress the fundamental human rights of LGBTQ+ individuals, contravening principles of equality, dignity and freedom enshrined in Articles 2 and 7 of the Universal Declaration of Human Rights (“UDHR”).[11] Moreover, discriminatory criminalization of the LGBTQ+ fundamental rights would adversely impact their physical health and mental health leading to violations of Article 2(2) and Article 12 of the International Covenant on Economic, Social and Cultural Rights (“ICESCR”).[12] This results in legal-sanctioned violations of the human rights of LGBTQ+ individuals, distancing Russia from its obligations as a signatory to the UDHR and the ICESCR. Additionally, these rulings legitimize discrimination and violence against LGBTQ+ individuals, leading to the marginalization of a vulnerable community. This Supreme Court decision not only exacerbates discrimination, abuse, and violence against LGBTQ+ individuals but also hinders their access to legal representation, The LGBTQ+ community is legally unprotected, significantly impeding justice for victims of discrimination and violence.
CONCLUSION
The non-recognition and lack of protection for the LGBTQ+ community by Russia/s judicial system fosters a climate of intolerance and hostility, which undermines efforts for inclusivity and diversity. Concerning this, the United Nations High Commissioner for Human Rights criticized the ruling, emphasizing that “laws should never be employed to perpetuate inequality and discrimination”.[13] The commissioner urged Russia to revoke discriminatory laws targeting LGBT individuals because when the law fails to act as a safeguard against injustice, the consequences can be severe. Thus, in a world aspiring for a just and equitable society, it is crucial to provide recognition and protection of the inherent fundamental rights of all individuals.
[1] Pjotr Sauer, Russia Outlaws ‘International LGBT Public Movement’ as Extremist, The Guardian (Nov. 30, 2023), www.theguardian.com/world/2023/nov/30/russia-supreme-court-outlaws-lgbt-movement.
[2] G.A. Res. 2200A (XXI), International Covenant on Civil and Political Rights (Dec. 16, 1966).
[3] Lists of Persecuted, MEMO PZK, www.memopzk.org/persecuted/ (last visited Aug. 17, 2024) (translated).
[4] Bureau of Counterterrorism, U.S. Dep't of State, Country Reports on Terrorism 2022 110 (2022).
[5] Russia: First Convictions Under LGBT ‘Extremist’ Ruling, Hum. Rts. Watch (Feb. 15, 2024, 12:00 AM), www.hrw.org/news/2024/02/15/russia-first-convictions-under-lgbt-extremist-ruling.
[6] Ugolovnyĭ Kodeks Rossiĭskoĭ Federatsii [UK RF] [Criminal Code] art. 282.2 (Russ.).
[7] Russia: First Convictions Under LGBT ‘Extremist’ Ruling, supra note 5.
[8] Id.
[9] Jasmine Andersson, Russia Passes ‘Answer to Blinken’ Gay Propaganda Law, BBC News (Nov. 24, 2022), www.bbc.com/news/world-europe-63747732.
[10] Neil MacFarquhar, Putin Signs a Harsh New Law Targeting Transgender People in Russia., N.Y. Times (July 24, 2023), www.nytimes.com/2023/07/24/world/europe/putin-transgender-transition-surgery-russia.html.
[11] G.A. Res. 217 (III) A, Universal Declaration of Human Rights (Dec. 10, 1948).
[12] G.A. Res. 2200A (XXI), International Covenant on Economic, Social and Cultural Rights (Dec. 16, 1966).
[13] Russia: First Convictions Under LGBT 'Extremist' Ruling, supra note 5.