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LGBTQ rights in Russia

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LGBTQ rights in The Russian Federation Russia
Russia
StatusLegal since 1993[1]
Age of consent stands at 16 since 2003
Gender identityLegal gender change since 1997[note 1]
MilitaryNon-official policy "Don't ask, don't tell" since 2003[2]
Discrimination protectionsNone
Family rights
Recognition of relationshipsNo recognition of same-sex relationships
RestrictionsArticle 12 of Family Code de facto states that marriage is a union of a man and a woman
AdoptionNo legal restrictions to adopt by a single person[note 2]

Lesbian, gay, bisexual, or transgender (LGBT) persons in the Russian Federation have faced increasing restrictions of their rights in recent years.[3] Although male homosexual acts were decriminalized in 1993,[1] there are no laws protecting against discrimination or harassment on the basis of sexual orientation or gender identity.[citation needed] Same-sex marriages and civil unions are not recognized. Many local legislatures have passed laws prohibiting dissemination of information about homosexuality.[4][4][5][6][7] Moscow's top court has ruled that no gay pride parades may be held in Moscow for 100 years.[8] In 2013, Russia's government adopted a federal bill banning the distribution of "propaganda of non-traditional sexual relations" to minors. The law imposes heavy fines for using the media or internet to promote "non-traditional relations".[9] Human rights activist Lyudmila Alexeyeva called the proposed law "a step toward the Middle Ages",[10] and international rights groups have said the current situation in Russia has become the worst human rights climate of the post-Soviet era.[9]

Increased homophobia in Russia has led to several incidences where gay minors have been attacked by Neo-Nazi groups.[11]

History

Main article: LGBT history in Russia

Current situation

Public opinion in Russia tends to be among the most hostile toward homosexuality in the western world, and the level of intolerance has been rising.[15] A 2013 survey found that 74% of Russians said homosexuality should not be accepted by society (up from 60% in 2002), compared to 16% who said that homosexuality should be accepted by society.[16] In a 2007 survey, 68% of Russians said homosexuality is always wrong (54%) or almost always wrong (14%).[17] In a 2005 poll, 44% of Russians were in favor of making homosexual acts between consenting adults a criminal act;[12] at the same time, 43% of Russians supported a legal ban on discrimination on the basis of sexual orientation.[12] There is a visible LGBT community network, mostly in major cities like Moscow and Saint Petersburg, including nightclubs and political organizations.

Same-sex marriages are not allowed in Russia. At a press conference, head of the Moscow Registry Office Irina Muravyova declared: "Attempts by same-sex couples to marry both in Moscow and elsewhere in Russia are doomed to fail. We live in a civil society, we are guided by the federal law, [and] by the Constitution that clearly says: marriage in Russia is between a man and a woman. Such a marriage [same-sex] cannot be contracted in Russia."[18]

Transgender issues

In Tsarist Russia, young women would sometimes pose as men or act like tomboys. This was often tolerated among the educated middle classes, with the assumption that such behavior was asexual and would stop when the girl married.[19] However, cross-dressing was widely seen as immoral behavior, punishable by the Church and later the government.[19]

In Soviet Russia, sex change operations were first tried during the 1920s but became prohibited until the 1960s, when they were often done by Russian endocrinologist Aron Belkin, who was something of an advocate for transgender people until his death in 2003.[19]

Bans on "homosexual propaganda"

Since 2006, ten regions have enacted a ban on "propaganda of homosexualism" among minors. The laws of nine of them include administrative sanctions and/or fines. Some bans also forbid so-called "propaganda of bisexualism and transgenderism". As of May 2013 these regions are:

Legislative bans on propaganda of LGBT in Russian regions

The local legislature of Ryazan region legislatively prohibited "propaganda of homosexuality among minors"[5] and established fines for that administrative offense.[6] A similar law was passed in Arkhangelsk region in September 2011.[7]

In November 2011 a similar law was also adopted at first reading by the legislature of Saint Petersburg (in case of Saint-Petersburg the adopted law imposed a ban on "propaganda" of homosexualism, bisexualism, and transgenderism, while lacking the exact and unambiguous definition of what exactly should be considered "propaganda" and what, for example, an educational material and missing any explanation why pedophilia is virtually equalized with the first three non-criminal even according to Russian law types of sexuality). Russian media reported that further readings of this law in Saint-Petersburg were postponed to "clarify some definitions". Finally, the law was approved by the Legislative Assembly of Saint Petersburg, signed by city's governor and took effect on 30 March 2012.[4] According to Russian media, a similar regional law is being drafted in Moscow city legislature and according to Federation Council of Russia speaker Valentina Matviyenko such ban on "propaganda of homosexualism" might also be adopted on federal level in order to "protect the children from destructive influence".[21] In June 2012, Moscow courts enacted a hundred-year ban on gay pride parades.[22][23]

A similar ban on "propaganda" of homosexuality, bisexuality, and transgenderism was also approved in Kostroma Oblast, which took effect on 28 February 2012.[24]

On 11 June 2013 State Duma adopted a federal law banning "homosexual propaganda".[25][26][27]

On 22 July 2013 it was reported that four Dutch tourists were arrested for allegedly discussing gay rights with Russian youths. The four were arrested for allegedly spreading "propaganda of nontraditional relationships among the under-aged" after talking to teens at a camp in the northern city of Murmansk.[28]

International reactions and boycott

Russian laws have sparked major controversy around the world. The laws were heavily criticized and the gay community commenced a boycott of Russian goods, particularly Russian vodka. Notable individuals have also responded to that ban.

  • English actress Tilda Swinton tweeted a picture of herself with a rainbow flag with Moscow in background, adding in comment: "In solidarity. From Russia with love".[29]
  • on 5 August 2013, American singer Lady Gaga has condemned Russia for increasingly anti-gay atmosphere.[31]

Summary table

Homosexuality legal Yes (since 27 May 1993)
Equal age of consent Yes (since 27 May 1993)[note 3]
Anti-discrimination laws in any area No (authorities refuse to recognize the need in special legislation)
Same-sex marriage(s) No
Recognition of same-sex couples as de facto couples or civil partnerships No (no recognition)
Joint and/or step adoption by same-sex couples (regardless of whether they live in Russia or abroad) No (only opposite-sex married couples allowed to adopt)[note 2]
Adoption by single homosexual people who live in Russia or (in case of Russian children) in foreign countries that do not recognize same-sex marriage Yes (no legal restrictions based on sexual orientation for single people to adopt)[note 2]
Adoption of Russian children by single homosexual people who live in foreign countries that do recognize same-sex marriage No (Illegal since 3 July 2013)[14]
Gays allowed to serve openly in the military Yes (gay people can theoretically serve in the military, but they are strongly advised to hide their homosexuality for the sake of their personal safety)[2]
Right to change legal gender Yes (since 15 November 1997)[note 1]
MSMs allowed to donate blood Yes (since 16 April 2008)[34]
Right to speak publicly No (ban on homosexual "propaganda" at federal level; some regions have their own legislation banning "propaganda" of homosexuality, bisexuality and/or transgenderism)

See also

Notes

  1. ^ a b c The Federal Law On Acts of Civil Status (1997) provides for the possibility to rectify acts of civil status based on the document confirming sex transformation issued by a health institution (art.70). Also, transgender people can change their passport on the grounds of sex transformation. See the Administrative Legislation section of the Russian LGBT Network 2009 Report.
  2. ^ a b c Adoption is being regulated by the Civil Procedure Code of Russia (Chapter 29); Family Code of Russia (Chapter 19); Federal Law On Acts of Civil Status (Chapter V). None of these documents contain any direct restriction or ban for homosexual people to adopt, though unmarried couples are not allowed to adopt children (Article 127.2 of the Family Code of Russia), and since same-sex marriage is not officially recognized, gay couples cannot adopt children together; nevertheless, single individuals can adopt (see also the Parent Relations section of the Russian LGBT Network 2009 Report). The Court makes the decision to allow or deny adoption considering many documents and testimonies, so it is unclear whether LGBT affiliation of the candidate adopter can be in fact an issue for a judge to make a negative decision.
  3. ^ The age of consent for homosexual acts was never specifically mentioned in the old Criminal Code of RSFSR, which was replaced with the new Criminal Code of Russia in 1996, and this new Code mentions the age of consent regardless of sexual orientation in Article 134.

References

  1. ^ a b "Russia: Update to RUS13194 of 16 February 1993 on the treatment of homosexuals". Immigration and Refugee Board of Canada. 29 February 2000. Retrieved 21 May 2009. {{cite web}}: External link in |publisher= (help)
  2. ^ a b c "Gays are not Willingly Accepted in the Russian Army". Pravda Online. 1 December 2003. Retrieved 20 May 2009. {{cite web}}: External link in |work= (help)
  3. ^ http://news.nationalgeographic.com/news/2013/08/130814-russia-anti-gay-propaganda-law-world-olympics-africa-gay-rights/
  4. ^ a b c "Санкт-Петербург стал четвертым российским регионом, запретившим гей-пропаганду". Gayrussia.eu. Retrieved 15 August 2013.
  5. ^ a b "Закон Рязанской области о защите нравственности и здоровья детей в Рязанской области" (DOC). Управление Внутренних Дел по Рязанской области. 3 April 2006. Retrieved 5 September 2011.
  6. ^ a b "Закон Рязанской области от 04.12.2008 г. №182-ОЗ Об административных правонарушениях" (DOC). Управление Внутренних Дел по Рязанской области. 4 December 2008. Retrieved 5 September 2011.
  7. ^ a b "Петиция против гомофобного законопроекта в Архангельске". Russian LGBT Network. 31 August 2011. Retrieved 5 September 2011.
  8. ^ "Gay parades banned in Moscow for 100 years". BBC News. 17 August 2012.
  9. ^ a b Elder, Miriam (11 June 2013). "Russia passes law banning gay 'propaganda'". The Guardian.
  10. ^ Associated Press (11 June 2013). "Russia OKs bill banning 'gay propaganda'". USA Today.
  11. ^ "Russian Neo-Nazis Allegedly Lure, Torture Gay Teens With Online Dating Scam". Huffingtonpost.com. 26 July 2013. Retrieved 15 August 2013.
  12. ^ a b c "Public opinion poll: Majority of Russians oppose gay marriages and a gay President but support ban on sexual orientation discrimination". Gayrussia.ru. 19 May 2005. Retrieved 26 May 2009.
  13. ^ "Same-Sex Marriage Nixed By Russians". Angus Reid Global Monitor. 17 February 2005. Retrieved 21 May 2009. {{cite web}}: External link in |publisher= (help)
  14. ^ a b "Russia's Putin signs law limiting adoption by gays". USA Today. The Associated Press. 3 July 2013.
  15. ^ Morello, Carol (4 June 2013). "Acceptance of gays in society varies widely". Washington Post.
  16. ^ "The global divide on homosexuality: greater acceptance in more secular and affluent countries". Pew Research Global Attitudes Project. 4 June 2013.
  17. ^ Smith, Tom W. (April 2011). "Cross-national differences in attitudes toward homosexuality" (PDF). Charles R. Williams Institute on Sexual Orientation (UCLA Law School).
  18. ^ "Same-sex marriages not allowed in Russia - Moscow registrar". Interfax-Religion. 13 January 2011. Retrieved 13 January 2011.
  19. ^ a b c Healey, Daniel (2004, last updated 19 July 2005). "Russia". glbtq: An Encyclopedia of Gay, Lesbian, Bisexual, Transgender, and Queer Culture. glbtq, Inc. Retrieved 21 May 2009. {{cite web}}: Check date values in: |date= (help)
  20. ^ "О защите населения Калининградской области от информационной продукции, наносящей вред духовно-нравственному развитию / Закон от 18 января 2008 года № 217 / Документ СПС-11040010/31607203 • СПС Право.ru". Docs.pravo.ru. 30 January 2013. Retrieved 15 August 2013.
  21. ^ "Пропаганда гомосексуализма может быть запрещена на федеральном уровне — Газета". gazeta.ru (in Russian). 2012 [last update]. Retrieved 18 August 2012. {{cite web}}: Check date values in: |year= (help)CS1 maint: year (link) (Google translation)
  22. ^ Clemons, Steve (8 June 2012). "Not The Onion: Moscow Bans Gay Pride for Next 100 years". The Atlantic. Retrieved 8 June 2012.
  23. ^ "Gay parades banned in Moscow for 100 years". BBC News. 17 August 2012. Retrieved 18 August 2012.
  24. ^ "В Костромской области вступил в силу запрет пропаганды гомосексуализма несовершеннолетним". Gayrussia.eu. Retrieved 15 August 2013.
  25. ^ "Госдума приняла закон о "нетрадиционных отношениях"". BBC Russia. 11 June 2013. Archived from the original on 12 June 2013. Retrieved 11 June 2013.
  26. ^ "ГД приняла закон об усилении наказания за пропаганду гомосексуализма среди подростков". РБК. 11 June 2013. Archived from the original on 12 June 2013. Retrieved 11 June 2013.
  27. ^ Шкель, Шкель (13 June 2013). "Закон под "браво!". Rossiyskaya Gazeta (in Russian). Archived from the original on 20 August 2013. Retrieved 20 August 2013. (translation) .. It is now possible to impose a fine of 50 to 100 thousand rubles for gay propaganda on the Internet. {{cite news}}: Unknown parameter |deadurl= ignored (|url-status= suggested) (help)CS1 maint: unrecognized language (link)
  28. ^ "Russia arrests tourists under gay propaganda ban". Vocativ. 22 July 2013. Retrieved 15 August 2013.
  29. ^ "Tilda Swinton joins protests against Russian LGBT crackdown". 76 CRIMES. 4 July 2013. Retrieved 15 August 2013.
  30. ^ "Rosja: polski piosenkarz rezygnuje z konkursu piosenki - Tablica". queer.pl. Retrieved 15 August 2013.
  31. ^ Roberts, Scott (5 August 2013). "Lady Gaga: The Russian Government is criminal in its oppression of LGBT people". PinkNews.co.uk. Retrieved 15 August 2013.
  32. ^ ""An open letter to David Cameron and the IOC". Stephenfry.com. 7 August 2013. Retrieved 15 August 2013.
  33. ^ Fotgjengerfeltet ved den russiske ambassaden malt i regnbuefargene
  34. ^ "Russian Health Ministry Ends Ban on Blood Donations by Gays". UK Gay News. 23 May 2008. Retrieved 5 September 2011.

Sources with multiple references

Wikimedia Commons has media related to LGBT in Russia.
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