The Homophobia Crisis in Russia

Natalie Vinh

Political Studies

Lanni and Conners

1 February 2019
 Vinh 1

In 2017, a seventeen-year-old Russian girl slit her wrists and continuously self-harmed

after revealing her sexual identity to her parents.1 In 2016, another LGBT teenage girl attempted

suicide.2 Today, a Russian transgender teenager tells an interviewer, “At some point, I lost

interest in my life, so my existence, which I can’t even call a life, does not have any sense.”3

Discrimination against the lesbian-gay-bisexual-transgender community, commonly

referred to as LGBT, in Russia has been extremely prevalent due to nationwide homophobia

instilled by the government. Without proper protection, LGBT community members live in

danger and fear for their lives. Additionally, Russian youth often struggle with getting the

information and support needed to inform them about their sexuality. But while bias is often

present in every county, Russia’s homophobia is enforced by the law. In June of 2013, the

Russian government passed a law entitled The Protection of Children from Harmful Information,

and as described by the United States Library of Congress, is aimed at banning the promotion of

non-traditional sexual relationships towards minors.4 These non-traditional relationships consist

of LGBT identities, and censored information is extremely detrimental to the health and

wellbeing of Russian youth. The law requires not only that the LGBT community remains

closeted or face violence, but additionally that all media is wiped clean of any information

regarding non-traditional sexual identity.5 It is necessary that outside powers use their influence

1
​“No Support.” 2018. Human Rights Watch. Human Rights Watch. December 11, 2018.
https://www.hrw.org/report/2018/12/11/no-support/russias-gay-propaganda-law-imperils-lgbt-yout
h#.
2
“No support.” (n1)
3
Ibid
4
​Roudik, Peter. 2011. “Russia: Protection of Children from Harmful Information.” The
Law Library of Congress. The Library of Congress. January 4, 2011.
http://www.loc.gov/law/foreign-news/article/russia-protection-of-children-from-harmful-informati
on/.
5
Roudik, “Russia: Protection of Children from Harmful Information.” (n1)
 Vinh 2

to overturn this ‘anti-gay’ law, as it is commonly known, and show that it is unfair and illegal.

The easiest solution in order to make a difference is for the European Court of Human Rights

(ECHR) to intervene before further injury is caused to the physical and emotional wellbeing of

Russia’s LGBT youth.

Since the law has passed, LGBT teenagers across Russia have struggled with their

identities. According to Human Rights Watch, an organization dedicated to advocating for

human rights across the nation, the law has “contributed to an intensification of stigma,

harassment, and violence against LGBT people in Russia,”6 due to the now-acceptable violence

that the community faces in their homes, streets, and businesses. With the head of the country

displaying bouts of homophobia, it is very likely that other citizens will follow his example.

Russian President Vladimir Putin explained the law, claiming in a statement made on an official

government website that “the law intends to avoid the creation of improper images and viewing

by children,”7 by protecting them from non-traditional relationships [​Note: this statement was

further published on the Library of Congress’s website due to the restricted access to Russian

web pages in the United States]​ . Part of the law includes standards for all media platforms, which

must be reviewed by expert specialists in the field of child psychology.8 Additionally, the law

prohibits any broadcast of programs considered harmful to minors between the hours of 4 a.m.

and 11 p.m., as well as mandatory content blockers on all public internet access points.9 These

regulations make finding information about different sexualities nearly impossible. Minors who

6
Bochenek, Michael Garcia, and Kyle Knight. 2018. “Russia: ‘Gay Propaganda’ Law
Endangers Children.” Human Rights Watch. Human Rights Watch. December 11,
2018.https://www.hrw.org/news/2018/12/12/russia-gay-propaganda-law-endangers-children#.
7
Bochenek and Garcia, “Russia: ‘Gay Propaganda’ Law Endangers Children.” (n3)
8
Roudik, ​“Russia: Protection of Children from Harmful Information.”​ (n1)
9
Ibid
 Vinh 3

are looking either for representation of themselves in media, support groups of like-minded

others, or information on safe sex and healthy relationships find themselves at a loss due to this

magnitude of censorship and content blocking.

Russia is not the first to establish nationwide homophobia. In fact, laws regarding the

banning of homosexuality have been present in Europe for a long time. One important example,

as outlined in Yale Law Journal author Ryan Thoreson’s piece on homosexuality bans, is

Dudgeon v. United Kingdom,10 in which that the ECHR ruled that Northern Ireland’s ban on

sodomy was a violation of privacy. Despite the lack of black-and-white terminology, Northern

Ireland’s ban was clearly an attack on the LGBT community. By regulating what types of sex is

had within a country, many non-heterosexual identities are limited in their options within their

own consensual relationships.

However, a step in the right direction for Russia is the case of Alekseyev v. Russia,11 in

which the ECHR considered a claim regarding the banning of LGBT rallies in Moscow. The

ECHR, in an official press release of the case, ruled that the banning of the rallies was a violation

of Article 11 of the European Convention of Human Rights, the right of freedom to assembly.

Unfortunately, other cases such as Fedotova v. Russian Federation,12 set Russia several steps

behind again. The case consisted of the ECHR ruling in favor of the Russian government after a

man was fined for displaying posters with words such as “Homosexuality is normal” and “I love

10
​Thoreson, Ryan. 2015. “From Child Protection to Children’s Rights: Rethinking
Homosexual Propaganda Bans in Human Rights Law.” The Yale Law Journal.
The Yale Law Journal. 2015.
https://www.yalelawjournal.org/comment/homosexual-propaganda-bans-in-human-rights-law.
11
​“Alekseyev v. Russia.” 2010. HUDOC. European Court of Human Rights. October 21,
2010. http://hudoc.echr.coe.int/eng?i=001-101257.
12
Thoreson. ​“From Child Protection to Children’s Rights: Rethinking Homosexual
Propaganda Bans in Human Rights Law.”​ (n3)
 Vinh 4

my homosexuality” near a secondary school.13 By examining this case, it is clear that the

government believes posters accepting homosexuality is advocating, and is dangerous to the

health of young students.

Aside from isolation, many teen and young adult LGBT members are also facing

violence for their identities. 18-year-old transgender Nikita R. told Human Rights Watch that,

“no one wants to get beaten on the street, but that’s the fear LGBT people in Russia live with

now. We know that most people believe the mass media, and the stories there teach them that we

are horrible creatures, so we are in danger all the time.”14 With increasing erasure of LGBT

identities in the media as well as a rise in homophobic slander, it is unsurprising that youth

members fear for their lives. This hatred is ingrained within the ‘stories’ Nikita mentions, and

tells a terrifying tale of the effect of mass media within a nation.

In addition to the bans on media, psychologists and other mental health professionals are

refrained from sharing information regarding sexuality or providing support for mental health

issues associated with the fear of violence,15 leaving teenagers to fend for themselves. One

psychologist told Human Rights Watch, “Teenagers often wait for me to ask a direct and precise

question about his or her sexual orientation or gender identity, but the law prevents me from

doing that.”16 Because teenagers are so afraid to ask about different sexualities and professionals

are banned from giving any information, the topic is never discussed, which can have detrimental

results for the teenagers in question. Without the proper information, staying safe is no longer an

option. This lack of information regarding sexual and mental health is clear when presented

13
Ibid
14
Bochenek, Knight. ​“Russia: ‘Gay Propaganda’ Law Endangers Children.” (n9)
15
Ibid
16
Ibid
 Vinh 5

Russian youth statistics. According to author O.A. Kislitsyna, 40 percent of citizens under the

age of 18 suffer from some sort of mental illness.17 Figure 1 displays the number of Russian

citizens between the ages of 15 and 19 with mental illnesses from 2000 to 2009, with the

numbers increasing each year. One cause of this spike is the lack of support from both family

and professionals for those who identify as LGBT. Additionally, STD rates are extremely high.

Around one-third of citizens have had some sort of sexual encounter by the age of 15, which is

illustrated in comparison to other countries in Figure 2. The number of boys who have had

encounters is nearly double that of girls, which could be a connection to the numbers of LGBT

teenagers in Russia. Furthermore, Russia is currently undergoing a large HIV epidemic.18 It is

possible that this lack of safe-sex information regarding homosexual sex and relationships can be

responsible for some of the high rate of STDS.

Figure 1. ​Rate of Incidence of Mental Disorders and Behavioral Disorders.

Source: ​ ​Kislitsyna, O.A. "The State of Health of Russia's Young People." ​Russian
Education and Society​ 56 (August 1, 2014): 3-20.

17
​Kislitsyna, O.A. "The State of Health of Russia's Young People." ​Russian Education
and Society​ 56 (August 1, 2014): 3-20. Accessed January 17, 2019.
http://dx.doi.org/10.2753/RES1060-9393560801.
18
Kislitsyna, “The State of Health of Russia’s Young People.” (n15)
 Vinh 6

Figure 2. ​Percentage of Adolescents Age 15 Who Had Sexual Relations.

Source: ​ ​Kislitsyna, O.A. "The State of Health of Russia's Young People." ​Russian
Education and Society​ 56 (August 1, 2014): 3-20.

Despite large strides in progression in countries such as the United States and the United

Kingdom, Russia is still enforcing this ban on homosexuality even today. In 2017, David Greene

of NPR’s Morning Edition interviewed two gay Russian men who had recently escaped torture in

Chechnya, a southern republic of Russia.19 One man describes his experience of being

interrogated and beaten for his identity. He also learned that authorities often force LGBT

members to out others, telling Greene, “When I was detained, the police went through my phone

and social media. They forced me to contact someone I was dating.”20 The man was driven to the

location where a date had been set up and his partner was kidnapped as well. Regardless of this

violence, Putin continually denies any sort of ban on homosexuality or country-wide

19
Greene, David, Natalie Winston, and Gabriela Saldiva. 2017. “'They Told Me I Wasn't
A Human Being': Gay Men Speak Of Brutal Treatment In Chechnya.” NPR. National Public
Radio. June 15, 2017.
https://www.npr.org/sections/parallels/2017/06/15/532977587/they-told-me-i-wasnt-a-human-bein
g-gay-men-speak-of-brutal-treatment-in-chechnya.
20
Greene, Winston, and Saldiva. “‘They Told Me I Wasn’t a Human Being’: Gay Men
Speak of Brutal Treatment in Chechnya.” (n17)
 Vinh 7

homophobia, telling an interviewer with Radio Europe 1, “We did not ban homosexuality. We

banned the promotion of homosexuality among minors.”21 Therefore, it is clear that Russian

officials see no issue in the morals and ethics behind the law as well as no difference between

promoting homosexuality and providing important information.

Despite the clear lack of interest in reviewing the law by the Russian government, there is

still a way for outside powers to assist the LGBT community. Human Rights Watch reports that

Russia has numerous obligations under the human rights law to protect their citizens from

discrimination and abuse. The organization proposes several solutions for Russia to adopt. First,

they ask that Russia’s leadership publicly condemns the act of homophobia instead of supporting

it.22 Additionally, Russian law enforcement should be required to investigate and prosecute those

who have offended members of the LGBT community. With this sort of prosecution ready as a

consequence, it is possible that those who discriminate will be discouraged from abusing the

LGBT community. Lastly, the organization asks that Russia of course repeals the anti-gay law23

and put an end to the clear violation of human rights. The solutions that Human Rights Watch

propose are both effective and easy to accomplish. However, all require that the Russian

government takes the initiative as there is no way for an outside power to force the government

to act within a certain way. Putin stated in a meeting with German chancellor Angela Merkel

regarding the anti-gay law that Russia, “never interferes in other countries’ affairs.”24 Putin’s

21
​Interfax. 2014. “Putin: There Is No Ban on Homosexuality in Russia.” ​Russia & FSU
General News,​ June 5, 2014.
22
​“License to Harm.” (n20)
23
Ibid
24
Connolly, Kate. 2017. “Merkel Presses Putin Over Anti-Gay Purge in Chechnya.” The
Guardian. Guardian News and Media Limited. May 2, 2017.
https://www.theguardian.com/world/2017/may/02/angela-merkel-vladimir-putin-russia-investigate
-lgbt-torture-claims-chechnya.
 Vinh 8

statement displays his lack of interest in changing his policies, regardless of what outside powers

are asking him to do. Here, it is clear that he believes Merkel’s suggestions towards ending the

law were interferes rather than protecting Russian citizens. Additionally, there is no way for

Merkel or Human Rights Watch to legally enforce that Putin takes any action against his

policies. Therefore, a better solution would require consequences for the government or ways

that the government can be enforced in order to see that they follow through with these

suggestions.

Similar to Human Rights Watch, the United Nations Office of the High Commissioner

has been calling on Russia to make a change, noting that many men who identify as gay have

been arrested and subjected to abuse in Chechnya.25 The United Nations experts ask that not only

are these accusations of mistreatment investigated thoroughly, but additionally that Russian

authorities release all detained men, writing, “We call on the authorities to proceed with the

immediate release of everyone unlawfully detained in the Republic of Chechnya on the basis of

their actual or perceived sexual orientation.”26 The report additionally outlines ways for the

authorities to carry out these investigations in order to bring justice to those who have been

wronged.​ ​Although the United Nations holds a large amount of power over national decisions,

once again they cannot force the Russian government to make any changes regarding their

policies on gay rights. There are no outlined consequences for Russia in the event that they do

not follow through with these suggestions, and there is no way to officially oversee these

25
​“End Abuse and Detention of Gay Men in Chechnya, UN Human Rights Experts Tell
Russia.” 2017. United Nations Human Rights Office of the High Commissioner. United Nations.
April 13, 2017.
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=21501.
26
“End Abuse and Detention of Gay Men in Chechnya, UN Human Rights Experts Tell
Russia.” (n24)
 Vinh 9

solutions so that they are followed through correctly. In another interview with movie director

Oliver Stone, Putin again touched on the subject, defending his decision. He stated, “We have no

restrictions or harassment based on gender. Moreover, people explicitly talk about their

non-traditional sexual orientation. We maintain relations with them.”27 However, this statement

is clearly proven wrong when reexamining the interviews provided by the men from Chechnya,28

in which one had been a shop owner before being prosecuted for his sexual identity. This man

had not been explicitly waving his sexuality as Putin describes, but rather going about his

business. It is clear throughout this interview that Putin is turning a blind eye towards the effects

his law has and the reality of life for LGBT citizens in Russia. Although the United Nations can

point out what must be done, without the proper recognition from the government, it is very

unlikely that there will be any change. Therefore, while this is a very important start, there is

certainly more that can be done to protect the LGBT community.

Although many different governments and organizations have spoken out and encouraged

Russia to make a change, there is no outlined way to hold Putin responsible for the damage he

has caused his citizens both mentally and physically. However, there is still a way for outside

human rights governments to assist in an effective and efficient way that will result in

consequences for the Russian government if basic human rights laws are not followed.

The ECHR, such as in the case of Alekseyev v. Russia,29 can continue to rule in favor of

the citizens over the government, which typically requires the government to pay a hefty fine.30 It

27
​“No Harassment of Gays in Russia, Putin Says in Interview with Oliver Stone.” 2017.
TASS Russian News Agency. TASS. June 14, 2017.
http://tass.com/politics/951188.
28
Greene, Winston, and Saldiva. ​“'They Told Me I Wasn't A Human Being': Gay Men
Speak Of Brutal Treatment In Chechnya.” (n17)
29
​“Alekseyev v. Russia.” (n8)
30
Ibid
 Vinh 10

is possible that after enough of these rulings, the government will eventually overturn the law

rather than continuously pay fines.​ ​In the case of Alekseyev v. Russia, three separate applicants

were charged for attempting to organize gay rights protests.31 Additionally, the mayor of

Moscow’s press secretary, Mr. Tsoy, issued a statement saying that the “government of Moscow

[would] not even consider allowing the gay parade to be held.”32 This sort of homophobia from

government officials is frightening and unacceptable, and Alekseyev was not one to listen.

Several other parades were attempted and shut down before the issue was brought to the ECHR.

Luckily, the court, after presented with several different accounts of blatant homophobia in

Moscow, eventually ruled that Article 11 was indeed violated, in parts with Article 13, the right

to an effective remedy, and Article 14, the right to prohibition of discrimination.33 The Russian

state was ordered to pay 12,000 euros for the priceless damage done, as well as 17,500 euros for

costs and expenses,34 which equals to a stifling 1,500,000 Russian roubles.

Although Alekseyev indeed won this case, the money hardly makes a difference in terms

of the homophobia present in Russia, and does nothing to ensure that protests are allowed in the

future. As Putin stated in his meetings with Oliver Stone35 and Angela Merkel,36 it is incredibly

unlikely that he will overturn his policies. However, it is most likely the best solution currently

available. The ECHR may not have the power to completely stop Russia from their views on

homosexuality, but by ruling in favor of the gay citizens in cases such as Alekseyev, the court

can do its part to make a difference. It is the hope that the Russian state will eventually overrule

31
Ibid
32
Ibid
33
Ibid
34
Ibid
35
​“No Harassment of Gays in Russia, Putin Says in Interview with Oliver Stone.” (n21)
36
Connolly. ​“Merkel Presses Putin Over Anti-Gay Purge in Chechnya.” (n18)
 Vinh 11

their law against homosexuality in order to be protected from paying fines, but it is up to the

ECHR to make sure that justice is brought to each and every LGBT citizen that files a report.

The Russian LGBT community has been in turmoil ever since President Vladimir Putin’s

2013 law37 banning the promotion of homosexuality passed. Citizens within the LGBT

community have been beaten, kidnapped, tortured, murdered, fined, and thrown in prison for

their sexual identity. It is incredibly important to take action against this law to protect the LGBT

community’s basic human rights, such as the right to expression, assembly, and the prohibition

of discrimination. By the ECHR doing everything in their power to help the community, it is

both possible and likely that this rule on homosexuality will soon become ancient history.

37
Roudik. ​“Russia: Protection of Children from Harmful Information.” (n3)
 Vinh 12

References

“Alekseyev v. Russia.” 2010. HUDOC. European Court of Human Rights. October 21, 2010.
http://hudoc.echr.coe.int/eng?i=001-101257.

Bochenek, Michael Garcia, and Kyle Knight. 2018. “Russia: ‘Gay Propaganda’ Law Endangers
Children.” Human Rights Watch. Human Rights Watch. December 11, 2018.
https://www.hrw.org/news/2018/12/12/russia-gay-propaganda-law-endangers-children#.

Connolly, Kate. 2017. “Merkel Presses Putin Over Anti-Gay Purge in Chechnya.” The Guardian.
Guardian News and Media Limited. May 2, 2017.
https://www.theguardian.com/world/2017/may/02/angela-merkel-vladimir-putin-russia-in
vestigate-lgbt-torture-claims-chechnya.

“End Abuse and Detention of Gay Men in Chechnya, UN Human Rights Experts Tell Russia.”
2017. United Nations Human Rights Office of the High Commissioner. United Nations.
April 13, 2017.
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=21501.

Greene, David, Natalie Winston, and Gabriela Saldiva. 2017. “'They Told Me I Wasn't A Human
Being': Gay Men Speak Of Brutal Treatment In Chechnya.” NPR. National Public Radio.
June 15, 2017.
https://www.npr.org/sections/parallels/2017/06/15/532977587/they-told-me-i-wasnt-a-hu
man-being-gay-men-speak-of-brutal-treatment-in-chechnya.

Interfax. 2014. “Putin: There Is No Ban on Homosexuality in Russia.” ​Russia & FSU General
News,​ June 5, 2014.

Kislitsyna, O.A. "The State of Health of Russia's Young People." ​Russian Education and Society
56 (August 1, 2014): 3-20. Accessed January 17, 2019.
http://dx.doi.org/10.2753/RES1060-9393560801.

“No Harassment of Gays in Russia, Putin Says in Interview with Oliver Stone.” 2017. TASS
Russian News Agency. TASS. June 14, 2017. http://tass.com/politics/951188.

Roudik, Peter. 2011. “Russia: Protection of Children from Harmful Information.” The Law
Library of Congress. The Library of Congress. January 4, 2011.
http://www.loc.gov/law/foreign-news/article/russia-protection-of-children-from-harmful-i
nformation/.
 Vinh 13

Thoreson, Ryan. 2015. “From Child Protection to Children’s Rights: Rethinking Homosexual
Propaganda Bans in Human Rights Law.” The Yale Law Journal. The Yale Law Journal.
2015.
https://www.yalelawjournal.org/comment/homosexual-propaganda-bans-in-human-rights
-law.