‘Homosexual Propaganda’ Laws in the Russian Federation: Are They in Violation of the European Convention on Human Rights?

New Working Paper on 'Homosexual Propaganda' laws in Russia, available on SSRN:

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2251005

Abstract:

This article examines recently enacted and proposed legislation in the Russian Federation designed to regulate ‘homosexual propaganda’. It considers the existence and enforcement of these laws in relation to the existing jurisprudence of the European Court of Human Rights (ECtHR). Through an analysis of ECtHR case law relating to sexual orientation – specifically in respect of Articles 10, 11 and 14 of the European Convention on Human Rights – the article outlines the extent to which this might be used to challenge homosexual propaganda laws. The article demonstrates weaknesses in current ECtHR jurisprudence and argues that it requires significant evolution to better protect sexual minorities in Russia and elsewhere.


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Paul Johnson
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