Communication to the Council of Europe on the Russian laws prohibiting propaganda of homosexuality to minors
We’re publishing online the Communication concerning imlementation of Judgement of ECtHR on the case Alekseyev v. Russia (application no. 4916/07) submitted to the Council of Europe Committee of Ministers by the Russian NGOs the Family and Demography Foundation and the Interregional Public Organization “For Family Rights” together with the FamilyPolicy.ru. The Communication was submitted in accordance with Rule 9(2) of the “Rules of the Committee of Ministers for the supervision of the execution of judgments and of the terms of friendly settlements”.
This Communication deals primarily with the issue of the compatibility of laws on prohibiting propaganda of homosexuality to minors adopted in different regions of the Russian Federation with the ECtHR judgement on Alekseyev v. Russia (application no. 4916/07), as raised by the Committee of the Ministers of the Council of Europe supervising the execution of the Court’s judgements. It demonstrates that the laws under consideration are fully compatible with both the judgement and the norms of international human rights law.
The Communication shows that these laws pursue legitimate aims (protecting the physical and psychological well-being of children, protecting the family “in the traditional sense”, as part of maintaining the public order (ordre public) and protecting the public morals), are free from legal uncertainty, and are proportionate to said aims. This analysis takes into account interpretations given to the laws in question by superior courts of the Russian Federation (the Constitutional Court and the Supreme Court) in their judgements.
The Communication also expresses concern as regards judgements made by ECtHR in a number of cases, including Alekseyev v. Russia. Its authors argue that in some of its judgements ECtHR has disregarded the need to protect the social morals, as well as the rights and interests of children. Moreover, the Court unreasonably regarded recent European trends and its own case-law as constituting a binding “European consensus”, thus undermining the sovereignty of ECHR signatories, with some of its judgements being explicitly ideological in their nature. This may lead ECtHR to passing untenable and ultra vires decisions, which poses a grave threat to the authority, effectiveness, and sustainability or the European human rights framework.
Due to technical error the document text published previously was not the final revision. Please use the text published on this site.