LGBT rights in Russia
![]() Russia | |
Status | Legal since 1993[1] Age of consent stands at 16 since 2003 |
Gender identity | Legal gender change since 1997[note 1] |
Military | Non-official policy "Don't ask, don't tell" since 2003[2] |
Discrimination protections | None |
Family rights | |
Recognition of relationships | No recognition of same-sex relationships |
Restrictions | Article 12 of Family Code de facto states that marriage is a union of a man and a woman |
Adoption | No 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
Current situation
- The age of consent currently stands at 16 since 2003, regardless of sexual orientation.
- Transsexual and transgender people can change their legal gender after corresponding medical procedures since 1997.[note 1]
- Homosexuality was officially removed from the Russian list of mental illnesses in 1999 (after endorsing ICD-10).
- There is currently no legal recognition of same-sex unions in Russia, and same-sex marriages are not allowed. Public support for gay marriages is at 16% as of 2013.[12][13]
- As far as adoptions of children: single persons living within Russia, regardless of their sexual orientation, can adopt children. Russian children can be adopted by a single homosexual who lives in a foreign country provided that country does not recognize same-sex marriage[14] A couple can adopt children together, as a couple, only if they are a married heterosexual couple.
- Gay people (at least officially) can serve in the military on a par with heterosexual people since 2003.[2]
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]
Hate crimes
- On May 9th, 2013, after Victory Day parades in Volgograd, the body of a 23 year old man was found tortured and murdered by three males who stated anti-homosexual motivations, even though family and friends state the victim had no behavior inclination. [19]
- On May 29th, 2013, the body of openly gay 38 year old deputy director of Kamchatka airport Oleg Serdyuk (rus: Олег Сердюк) was found in his burned out car, having been beaten and stabbed the previous day. Three suspects, (who were local residents) were detained.[20]
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.[21] However, cross-dressing was widely seen as immoral behavior, punishable by the Church and later the government.[21]
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.[21]
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" to minors. As of May 2013 these regions are:
- Ryazan Oblast - since 22 April 2006
- Arkhangelsk Oblast - since 22 October 2011
- Kostroma Oblast - since 28 February 2012
- Saint Petersburg - since 30 March 2012
- Magadan Oblast - since 30 June 2012
- Novosibirsk Oblast - since 3 July 2012
- Krasnodar Krai - since 19 July 2012
- Samara Oblast - since 22 July 2012
- Bashkortostan - since 5 August 2012. Note: Bashkortostan is the only region where the law does not include any kind of administrative sanctions or fines.
- Kaliningrad Oblast - since 19 February 2013.[22] The bill bans "propaganda of homosexualism" not only among minors, but among the population in general.
![](http://upload.wikimedia.org/wikipedia/commons/thumb/d/dc/Legislative_bans_on_%22propaganda%22_of_LGBT_in_Russian_regions.svg/220px-Legislative_bans_on_%22propaganda%22_of_LGBT_in_Russian_regions.svg.png)
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 to minors, 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".[23] In June 2012, Moscow courts enacted a hundred-year ban on gay pride parades.[24][25]
A similar ban on "propaganda" of homosexuality, bisexuality, and transgenderism to minors was also approved in Kostroma Oblast, which took effect on 28 February 2012.[26]
On 11 June 2013 State Duma adopted a federal law banning "homosexual propaganda" to minors.[27][28][29]
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.[30]
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.
- In 2013 Emma Green Tregaro painted her nails in rainbow colors during the 2013 World Championships in Moscow as an act of defiance against Russia's recent ban on "gay propaganda".[31][32] Yelena Isinbayeva condemned Tregaro's action at a press conference, but later clarified her views.[33][34]
- 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".[35]
- on 30 July 2013, Polish singer and Eurovision Song Contest 2010 contestant Marcin Mroziński cancelled his concert in Russia due to the worsening situation of the LGBT community.[36]
- on 5 August 2013, American singer Lady Gaga has condemned Russia for increasingly anti-gay atmosphere.[37]
- On 7 August 2013, British actor Stephen Fry published on his website an open letter to the International Olympic Committee advocating the boycotting and relocation of the 2014 Winter Olympics, scheduled to be held in Sochi.[38]
- On 21 August 2013 Dagbladet said that the painting over of pedestrian crossing markings near Russia's embassy in Oslo—in the rainbow colors—was a "mild" protest.[39] Furthermore, the same form of protest appeared in Stockholm earlier in the same month.[40]
- On 22 August 2013 media reported that Wentworth Miller will boycott the St. Petersburg international film festival.[41]
Summary table
Homosexuality legal | ![]() |
Equal age of consent | ![]() |
Anti-discrimination laws in any area | ![]() |
Same-sex marriage(s) | ![]() |
Recognition of same-sex couples as de facto couples or civil partnerships | ![]() |
Joint and/or step adoption by same-sex couples (regardless of whether they live in Russia or abroad) | ![]() |
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 | ![]() |
Adoption of Russian children by single homosexual people who live in foreign countries that do recognize same-sex marriage | ![]() |
Gays allowed to serve openly in the military | ![]() |
Right to change legal gender | ![]() |
MSMs allowed to donate blood | ![]() |
Right to speak publicly | ![]() |
See also
- Human rights in Russia
- Moscow Pride
- Nikolay Alexeyev
- LGBT culture in Russia
- Vitaly Milonov
- Anton Krasovsky
- Yelena Isinbayeva
Notes
- ^ 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.
- ^ 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.
- ^ 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
- ^ 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.
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- ^ a b c "Gays are not Willingly Accepted in the Russian Army". Pravda Online. 1 December 2003. Retrieved 20 May 2009.
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- ^ http://news.nationalgeographic.com/news/2013/08/130814-russia-anti-gay-propaganda-law-world-olympics-africa-gay-rights/
- ^ a b c "Санкт-Петербург стал четвертым российским регионом, запретившим гей-пропаганду". Gayrussia.eu. Retrieved 15 August 2013.
- ^ 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.
- ^ 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.
- ^ a b "Петиция против гомофобного законопроекта в Архангельске". Russian LGBT Network. 31 August 2011. Retrieved 5 September 2011.
- ^ "Gay parades banned in Moscow for 100 years". BBC News. 17 August 2012.
- ^ a b Elder, Miriam (11 June 2013). "Russia passes law banning gay 'propaganda'". The Guardian.
- ^ Associated Press (11 June 2013). "Russia OKs bill banning 'gay propaganda'". USA Today.
- ^ "Russian Neo-Nazis Allegedly Lure, Torture Gay Teens With Online Dating Scam". Huffingtonpost.com. 26 July 2013. Retrieved 15 August 2013.
- ^ 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.
- ^ "Same-Sex Marriage Nixed By Russians". Angus Reid Global Monitor. 17 February 2005. Retrieved 21 May 2009.
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- ^ a b "Russia's Putin signs law limiting adoption by gays". USA Today. The Associated Press. 3 July 2013.
- ^ Morello, Carol (4 June 2013). "Acceptance of gays in society varies widely". Washington Post.
- ^ "The global divide on homosexuality: greater acceptance in more secular and affluent countries". Pew Research Global Attitudes Project. 4 June 2013.
- ^ Smith, Tom W. (April 2011). "Cross-national differences in attitudes toward homosexuality" (PDF). Charles R. Williams Institute on Sexual Orientation (UCLA Law School).
- ^ "Same-sex marriages not allowed in Russia - Moscow registrar". Interfax-Religion. 13 January 2011. Retrieved 13 January 2011.
- ^ МК: В Волгограде отпраздновали 9 мая жестоким убийством гея, MK: In Volgograd, May 9th was celebrated by murdering a gay.
- ^ КП:Замдиректора камчатского аэропорта убили за то, что он был геем, KP: Deputy director of Kamchatka airport was killed because he was gay.
- ^ 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.
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(help) - ^ "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.
- ^ "Пропаганда гомосексуализма может быть запрещена на федеральном уровне — Газета". gazeta.ru (in Russian). 2012 [last update]. Retrieved 18 August 2012.
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(help)CS1 maint: year (link) (Google translation) - ^ Clemons, Steve (8 June 2012). "Not The Onion: Moscow Bans Gay Pride for Next 100 years". The Atlantic. Retrieved 8 June 2012.
- ^ "Gay parades banned in Moscow for 100 years". BBC News. 17 August 2012. Retrieved 18 August 2012.
- ^ "В Костромской области вступил в силу запрет пропаганды гомосексуализма несовершеннолетним". Gayrussia.eu. Retrieved 15 August 2013.
- ^ "Госдума приняла закон о "нетрадиционных отношениях"". BBC Russia. 11 June 2013. Archived from the original on 12 June 2013. Retrieved 11 June 2013.
- ^ "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.
- ^ Шкель, Тамара (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.
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suggested) (help)CS1 maint: unrecognized language (link) - ^ "Russia arrests tourists under gay propaganda ban". Vocativ. 22 July 2013. Retrieved 15 August 2013.
- ^ Шкель, Тамара (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}}
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ignored (|url-status=
suggested) (help)CS1 maint: unrecognized language (link) - ^ "Rainbow nail varnish could get Swedish athlete imprisoned". Channel 4 News. 15 August 2013. Archived from the original on 20 August 2013. Retrieved 20 August 2013.
Self-expression or gay propaganda? How a Swedish athlete at the Moscow World Championships could be imprisoned for her nail varnish.
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suggested) (help) - ^ Luhn, Alec (15 August 2013). "Isinbayeva says Green Tregaro's gesture was disrespectful to Russia". The Guardian. Archived from the original on 21 August 2013. Retrieved 21 August 2013.
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suggested) (help) - ^ "Olympics: Isinbayeva says 'misunderstood' over anti-gay remarks". GlobalPost. Agence France-Presse. 16 August 2013. Archived from the original on 20 August 2013. Retrieved 20 August 2013.
Russian pole vault legend Yelena Isinbayeva attempted Friday to play down the furore provoked by her anti-gay remarks, saying she was "misunderstood" and opposed to discrimination against homosexuals.
{{cite news}}
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ignored (|url-status=
suggested) (help) - ^ "Tilda Swinton joins protests against Russian LGBT crackdown". 76 CRIMES. 4 July 2013. Retrieved 15 August 2013.
- ^ "Rosja: polski piosenkarz rezygnuje z konkursu piosenki - Tablica". queer.pl. Retrieved 15 August 2013.
- ^ 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.
- ^ ""An open letter to David Cameron and the IOC". Stephenfry.com. 7 August 2013. Retrieved 15 August 2013.
- ^ Fotgjengerfeltet ved den russiske ambassaden malt i regnbuefargene
- ^ Regnbueprotest utenfor Russlands ambassade i Oslo
- ^ «Prison Break»-stjerne ut av skapet i protest mot russisk homolov
- ^ "Russian Health Ministry Ends Ban on Blood Donations by Gays". UK Gay News. 23 May 2008. Retrieved 5 September 2011.
Sources with multiple references
- Duberman, Martin; Vicinus, Martha; Chauncey, George (1989). Hidden from history: reclaiming the gay and lesbian past. New York: New American Library. ISBN 978-0-453-00689-7. OCLC 19669484.
- Petrov, Igor; Kirichenko, Ksenia (5 April 2009). "Discrimination based on sexual orientation and gender identity in Russia". Report by the Moscow Helsinki Group in cooperation with the Russian LGBT Network. Retrieved 25 May 2009.
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External links
![](http://upload.wikimedia.org/wikipedia/en/thumb/4/4a/Commons-logo.svg/30px-Commons-logo.svg.png)
- LGBT Human Rights Project GayRussia.Ru (en)(ru)
- Russian National Gay, Lesbian, Bisexual, Transsexual Website (ru)
- Is HOMO what OMON sees in the mirror? – The eXile (en)
- LGBT History: Russia (en)
- State Duma rejected "sexual hatred" to be the reason for criminal prosecution 14.02.2004 (en)
- Bashkortostan Parliament's deputy proposes legitimating homosexual marriages 22.05.2004 (en)