Bayev and Others v. Russia
20 June 2017
The case concerned a complaint brought by three gay rights activists about
legislation in Russia banning the promotion of homosexuality, also known as the “gay
propaganda law” (in a series of legislative acts – most recently in 2013 – “promoting
non-traditional sexual relationships” among minors was made an offence punishable
by a fine). As a protest against these laws, the applicants had staged demonstrations
between 2009 and 2012. They were subsequently found guilty of administrative
offences and given fines. The applicants complained about the ban on public
statements concerning the identity, rights and social status of sexual minorities,
alleging that it was discriminatory.
The Court held that there had been a violation of Article 10 (freedom of
expression) of the Convention and a violation of Article 14 (prohibition of
discrimination) of the Convention in conjunction with Article 10. It found in
particular that, although the laws in question aimed primarily at protecting minors,
the limits of those laws had not been clearly defined and their application had been
arbitrary. Moreover, the very purpose of the laws and the way they were formulated
and applied in the applicants’ case had been discriminatory and, overall, served no
legitimate public interest. Indeed, by adopting such laws the authorities had
reinforced stigma and prejudice and encouraged homophobia, which was
incompatible with the values of a democratic society.
U zei?
