European Court Condemns Russia For Gay Pride Bans

By Christina Berger
Impunity Watch Reporter, Europe

STRASBOURG, France — The European Court of Human Rights ruled on Thursday that Russia unlawfully banned gay pride marches and picketing in Moscow in 2006, 2007, and 2008. The Court held that Russia violated Article 11 of the European Convention on Human Rights, which guarantees a right to freedom of peaceable assembly, and Article 14, which prohibits discrimination in the enjoyment of the rights set forth in the Convention.

The case was brought before the court by Nikolay Alekseyev, a gay rights activist. He organized several marches in Moscow in 2006, 2007, and 2008 to bring attention to the discrimination faced by gays and lesbians. Many gay pride events were denied official permission to demonstrate. Events that were carried on anyways were usually immediately disbanded and demonstrators were sometimes beaten by police.

Yuri Luzhkov, the Moscow mayor during the time in question, was vocal about his disapproval of homosexuals. He had been on record as calling homosexuals “satanic” and his determination to prevent gay pride marches was recorded on numerous occasions. The court noted this in its opinion, recognizing that the marches and events were banned not for public safety reasons, but rather for government officials’ disapproval of homosexuality.

The Court reasoned in its judgment opinion in Alekseyev v. Russia, “The Court further reiterates that it would be incompatible with the underlying values of the Convention if the exercise of Convention rights by a minority group were made conditional on its being accepted by the majority. Were this so, a minority group’s rights to freedom of religion, expression and assembly would become merely theoretical rather than practical and effective as required by the Convention.”

The Court ordered the Russian government to pay Alekseyev just over $40,000 in damages and legal fees. The European Court of Human Rights was established by the European Convention on Human Rights, of which Russia is a party, so this decision is binding on Russia.

For more information, please see:

AP — Court condemns Moscow gay pride bans — 21 October 2010

NYT — European Court Fines Russia for Blocking Gay Protests — 21 October 2010

BBC — European court fines Russia for banning gay parades — 21 October 2010

EUROPEAN COURT OF HUMAN RIGHTS — Alekseyev V. Russia, Judgment — 21 October 2010

Author: Impunity Watch Archive