Homosexual rights in Russia
Reply to Written question
| Doc. 12030
| 29 September 2009
- Author(s):
- Committee of Ministers
- Origin
- adopted
at the 1066th meeting of the Ministers’ Deputies (23 September 2009) 2009 - Fourth part-session
- Reply to Written question
- : Written question no. 567 (Doc. 11932)
- Thesaurus
Written Question
No. 567 by Mr Jensen (Doc. 11932)
1. Referring to the events at
the Lomonosov University in Moscow on 17 May 2009 where Russian authorities
banned a demonstration on anti-discrimination and tolerance organised
by homosexuals;
2. Considering the same events in Moscow on 17 May 2009 where
Omon special police forces brutally dissolved the above-mentioned
demonstration by beating up demonstrators and arresting 40 people;
3. Concerned by the fact that the mayor of Moscow, Mr. Jurij
Lusjkov, has stated that the police acted appropriately for the
situation and within the framework of the law, and that, on a previous
occasion, he has characterised homo parades as the “work of Satan”
and declared that “homosexuals are like weapons of mass destruction”;
Mr Jensen,
To ask the Committee of Ministers,
Whether the Committee intends to address the Russian government
in order to condemn the violation of the European Convention on
Human Rights committed by Russian authorities, to ask the Russian
government whether it agrees on the statement made by Mr. Lusjkov,
and to ask the Russian government how it intends to ensure that
the European Convention on Human Rights is respected in Russia and
that homosexuals are not discriminated by bans and violence.
Reply by the Committee of Ministers
1. In reply to the question put
forward by the Honourable Parliamentarian, the Committee of Ministers recalls
that, on 18 May 2009, its Chairman already publicly expressed concern
about the action taken on the previous day against the organisers
of the Parade. He also stated that the fact that this is not the
first year such a situation has developed was of concern to him.
2. The Committee also recalls its position regarding the enjoyment
of freedom of assembly and freedom of expression for LGBT persons
in the Russian Federation as expressed in its replies to Written
Questions No. 527 and No. 558, which are useful reminders of the
relevant human rights principles which must be observed in this
matter:
“The Committee of Ministers
recalls in particular that the rights to freedom of expression and
freedom of assembly must be enjoyed by all without discrimination.
While the Convention allows for restrictions on the exercise of
the rights to freedom of expression and freedom of assembly, such
restrictions must be prescribed by law and be necessary in a democratic
society in the interest of national security or public safety, for
the prevention of disorder or crime, for the protection of health
or morals or for the protection of the rights and freedom of others.
According to the established case law of the European Court of Human
Rights, peaceful demonstrations, be they in favour of the rights
of lesbian, gay, bisexual and transgender (LGBT) persons or others,
cannot be banned simply because of the existence of attitudes hostile
to the demonstrators or to the causes they advocate. On the contrary,
the state has a duty to take reasonable and appropriate measures
to enable lawful demonstrations to proceed peacefully. In a series of
judgments, the Court has emphasised that any discrimination based
on sexual orientation is contrary to the Convention.Note All member states must observe the Convention
when they apply national law, notably in the light of the case law
of the Court.”
3. Like all member states, the Russian Federation has ratified
the European Convention on Human Rights and is committed to guarantee
respect for all Convention rights, notably in the light of the case
law of the Court, to all individuals without discrimination.
4. The Committee of Ministers also invites all member states
to implement its Recommendation No. R (97) 20 on “hate speech” which
asserts, in Principle 1 appended to the recommendation, that public
authorities and institutions at national, regional and local levels
have a “special responsibility to refrain from statements, in particular
to the media, which may reasonably be understood as hate speech,
or as speech likely to produce the effect of legitimising, spreading
or promoting racial hatred, xenophobia, anti-Semitism or other forms
of discrimination or hatred based on intolerance. Such statements
should be prohibited and publicly disavowed whenever they occur”.
5. The Committee of Ministers further recalls the message that
was adopted at the 1031st meeting of the Ministers’ Deputies (2 July
2008) to strengthen the Council of Europe’s action to protect the
rights of LGBT persons. The Steering Committee for Human Rights
(CDDH), notably, has been asked to prepare a recommendation on measures
to combat discrimination on grounds of sexual orientation and gender
identity, ensure respect for the human rights of LGBT persons and
promote tolerance towards them. In the light of the Court’s case
law, freedom of expression and peaceful assembly will be among the
topics covered by the recommendation.
