European human rights court rules against Russian 'gay propaganda' law - Action News
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European human rights court rules against Russian 'gay propaganda' law

The European Court of Human Rights has ruled that a Russian law banning the promotion of homosexuality breaches European treaty rules on freedom of expression and is discriminatory against gay people.

Federal law enacted in 2013 reinforces prejudice, encourages homophobia, court says

A gay rights activists takes part in a rally called 'March against Hatred' in St. Petersburg, Russia on Nov, 2, 2013. (Olga Maltseva/AFP/Getty Images)

The European Court ofHuman Rights ruled that a Russian law banning the promotion ofhomosexuality to minors breached European treaty rules, angeringMoscow, which said on Tuesday it would appeal what it called an
unjust decision.

Under the legislation, any event or act regarded by theauthorities as an attempt to promote homosexuality to minors isillegal and punishable by a fine. The law has been used to stopgay pride marches and to detain gay rights activists.

The Strasbourg court ruled the law violated people's rightto freedom of expression and discriminated against gay people.

"The Court found in particular that, although the laws inquestion aimed primarily at protecting minors, the limits ofthose laws had not been clearly defined and their applicationhad been arbitrary," the court said in a statement.

"Indeed, by adopting such laws, the authorities hadreinforced stigma and prejudice and encouraged homophobia, whichwas incompatible with the values of a democratic society."

The ruling is likely to strain already poor relationsbetween Russia and the Strasbourg-based court, which last yearsaid Moscow had violated the European Convention on Human Rightsin all but six of its 228 judgments in Russian cases.

Politician says law necessary to 'shieldchildren'

Pro-Kremlin politicians and Orthodox Church leaders saw itas an attempt to foist what they call unacceptably liberal"European values" on a country whose leaders constantlyemphasize the need to stick to "traditional values."

"The decision ... shows that our country has chosen theright path to preserve its culture and human identity," VitalyMilonov, a lawmaker from the ruling United Russia party, said inan article on his website.

"I'm sure that we will support the institution of atraditional strong family in future and shield children fromattacks by all manner of minorities."

Homosexuality in Russia, where the influence of the sociallyconservative Orthodox Church has grown in recent years, was acriminal offence until 1993 and classed as a mental illnessuntil 1999.

The Russian justice ministry said in a statement it did notagree with the court and pledged to appeal the ruling withinthree months. It said the law was solely designed "to defendmorality and children's health" and did not amount to a ban orpublic condemnation of homosexuality.

Law applied broadly to LGBT community

Human rights defenders say the contested law has beenbroadly applied to intimidate Russia's LGBT community, however.

Tuesday's case was originally brought by three Russian gayrights activists who were fined for holding banners designed toencourage acceptance of homosexuality, between 2009 and 2012.
The court ordered Russia to pay them thousands of euros indamages.

Nikolai Alekseyev, one of the activists, said in a statementthe ruling was "a historic victory" that he pledged to use tourge the Russian authorities to scrap the law.

"The way this law has been applied shows that it is notaimed at protecting minors, but at removing LGBT people, anenormous social group, from the public space, and at stripping
them of their right to speak out or fight for their rights," hesaid.