The European Court of Human Rights has ruled against Russia’s law banning the dissemination of gay propaganda to minors after saying it violates the right to freedom of expression.
The issue was brought to the courts after three gay rights activists were fined for holding banners that encouraged the acceptance of homosexuality.
In the first court battle for those who contest the “gay propaganda” law, the court was in favour of the activists who said that the law violated the rights to freedom of expression and prohibition of discrimination under the European Convention on Human Rights.
The Strasbourg-based court said in a statement: “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.”
The panel said in the ruling: “By adopting such laws the authorities reinforce stigma and prejudice and encourage homophobia, which is incompatible with the notions of equality, pluralism and tolerance inherent in a democratic society,”
The seven-judge panel also added that “Russian authorities overstepped the margin of appreciation” of freedom of expression.
The court rejected the Russian government’s claim “that regulating public debate on LGBT issues may be justified on the grounds of the protection of morals”
Nikolai Alexeyev, one of the gay rights activists involved, said the ruling was “an enormous court victory for LGBT people in Russia”
“We have managed to legally prove that by adopting those laws, Russian authorities breached their international commitments under the European Convention,” he added.
Whilst homosexuality was no longer criminalised from 1993, the state still rife with anti-gay prejudice.
The courts ordered Russia to pay each of the three activists damages of between €8,000 and €20,000.