"On Amendments to Article 5 of the Federal Law" On the Protection of Children from Information Harmful to Their Health and Development "and certain legislative acts Russian Federation in order to protect children from information that promotes the denial of traditional family values \u200b\u200b”.
In the press and discussions on information resources, the named law is called shorter and, in my opinion, is incorrect: "the law banning the promotion of non-traditional sexual relations among children." If we can arbitrarily abbreviate the name of the legal document, then it would be more correct: "the law on the protection of children from the promotion of non-traditional sexual relations."
This small law is a very striking legal document from the point of view of existing legislative normswhich it concerns, both in the domestic legislation of Russia and in international law, and in particular in the conventional law of the Council of Europe.
Moreover, in the adopted law, its focus on a merciful attitude towards the participants in legal relations is noticeable, because of which (but not for whose sake) this law was adopted - (a term introduced into the legal lexicon by the Council of Europe).
In other words, for persons (people) of non-traditional sexual orientation, this law is a real gift from the Russian state, and the law protects people who have not reached the age of majority (children) from complex and not always clear information concerning their physiological and mental development.
In addition, ordinary people, fanatically not obsessed with the problems of their own sexual orientation, or rather, the problems of their own sexual perversion, since the entry into force of Law No. 135-FZ in order to protect their children from unnecessary information, may legally and formally not oppose themselves to persons of non-traditional sexual orientation, since this function was legally assumed by the state, in fact, having freed fathers, mothers, grandfathers, grandmothers, etc. from uttering “hate speech” and possible “hate crimes” (subparagraphs A, B of chapter 1 of the Annex to the Recommendation of the Committee of Ministers of the Council of Europe CM / REC (2010) 5).
So, what is the inner strength and what are the beneficial consequences of Federal Law No. 135-FZ?
Federal Law No. 135-FZ (hereinafter "the Law") was adopted unanimously The State Duma RF on June 11, 2013, approved unanimously by the Federation Council of the RF on June 26, 2013 and without delay (three days later) signed by the RF President on June 29, 2013.
Note that between 26 and 29 June 2013, the Parliamentary Assembly of the Council of Europe adopted Resolution No. Doc. 13223 of June 27, 2013 (only those who were present voted - a minority of all PACE members), which, in particular, states that prejudices against LGBT people are widespread in society; the resolution calls for the Russian Federation to promote equality among people. This document also states that the prohibition of LGBT propaganda by the Russian Federation will contradict the legal obligations of Russia, it is only unclear to whom, but probably to the European Union. This PACE resolution does not say anything about children, about the rights of children, about the propaganda among children of perverted sexual relations that take place between some adults.
Considering the adopted Law both in time chronology and in textual richness, it would be appropriate and even necessary to draw parallels with PACE Resolution 13223.
But before starting to consider the significance of the Law, the following obvious facts related to the adoption of the Law should be recorded:
- consideration and adoption of the Law took place with maximum efficiency, due to the urgent need for its adoption;
- The law was adopted with the complete unanimity of all the power and political forces of the country, and this fact clearly indicates the democratic nature of the adopted document;
- the unanimous adoption of the Law allows us to say that prejudices against LGBT people are practically absent in Russian society, one might even say that they do not exist at all. The Russian society, represented by its legitimate state bodies, by the adopted Law, confirmed and fixed by law that in the territory of the Russian legislation there are people who, among other things, are carried away by perverted sexual relations with each other, regardless of their own gender. These people, in the legal terminology of the European Union referred to as LGBT persons, are to such an extent devotees in the field of sexual perversion that they want all other Russian citizens to know about their “uniquely amazing” lifestyle and join them as soon as possible. What prejudices can there be? Murder will out.
The adopted law, firstly, de jure confirmed the presence of LGBT persons in Russian society and recognized their existence as a certain group; secondly, the Law did not prohibit LGBT persons from engaging in their own kind; thirdly, it did not prohibit LGBT people from promoting their perverse lifestyle among the adult population of the country. European LGBT leaders should be happy with such a democratic law.
The text of the Law fully complies with the provisions of PACE Resolution 13223 of June 27, 2013, namely: The Law indicates the absence of prejudices towards LGBT persons in Russia and, on the contrary, confirms the presence of LGBT persons in Russia without any infringement of their private and public rights on the basis of sexual perversion; The law confirms the equality of LGBT persons with other citizens of the Russian Federation in everything, including responsibility for the promotion of non-traditional sexual relations among minors under Art. 6.21 of the Administrative Code of the Russian Federation. A father and mother with many children and two sodomists bear equal responsibility for promoting non-traditional sexual relations among minors. This is the equality of all people called for by PACE Resolution 13223. The Law also shows that LGBT propaganda among the adult population in the Russian Federation is not prohibited, LGBT persons have the full right to promote non-traditional sexual relations among adult citizens of Russia. They can start propaganda immediately, starting from the territories of the North Caucasian Federal District and moving smoothly towards the Far Eastern Federal District. And in order to more fully taste the results of such propaganda among adult citizens of Russia, they should start, for example, with the fathers of large families, with the veterans of the Great Patriotic War, with warrior paratroopers or marines.
In addition, neither the PACE Resolution nor the Recommendations of the Committee of Ministers of the Council of Europe CM / REC (2010) 5) no requirements are put forward to the Russian Federation distribute information aimed at the formation of non-traditional sexual attitudes in minors, the attractiveness of non-traditional sexual relations, a distorted view of the social equivalence of traditional and non-traditional sexual relations.
Thus, the Law fully complies with the obligations of the Russian Federation to the European Union, and was also adopted taking into account all the concerns of the PACE set out in Resolution No. Doc. 13223 dated June 27, 2013.
Having briefly reviewed the compliance of the adopted Law with the legal documents of the Council of Europe, which are the most challenging for the current Russian legislation in terms of excessive emphasis in these documents on, a few words should be said about the main thrust and internal strength of the June Law.
The subject structure, which the adopted Law covers, is as follows: firstly, minor citizens of the Russian Federation (hereinafter “children”); secondly, people (regardless of citizenship of the Russian Federation) who want to promote non-traditional sexual relations among minors of the Russian Federation; thirdly, people (regardless of citizenship of the Russian Federation) who have no desire and purpose to promote non-traditional sexual relations among minors of the Russian Federation, and, finally, the Russian state represented by its competent authorities and administration.
Children - who are they? People who are least experienced in the affairs of adults of any orientation and most of all unprotected from the influence of the affairs of the adult part of humanity.
Any child above and more any adult - for the reason that he stands above the temptations and temptations that the world offers to an independent and free adult, and in which this adult delves into and chooses something for himself or rejects. Within the framework of human life, children see only what adults offer and / or impose on them, and not only close relatives, but also people from TV, from a monitor, a screen in a cinema, etc.
A minor, against his will, does not understand many things that are obvious to an adult, sometimes in quotation marks. Misunderstanding is the natural state of the child, from which he will naturally come out, becoming an adult.
A person in imperfect years in words that come from adults hears with full faith only what an adult puts into this word. An LGBT person or a stage seducer can pour so much beauty and attractiveness into the capacious word "Love" that the child will not notice the poison that will fill this word for the most part.
The temptation is not terrible for an adult if he is reasonable, but the temptation is fatal for a child, because he takes everything on faith, not fully possessing the ability to reason and evaluate, and this state is innate.
Who believes that there is nothing higher than Love in the world, replacing the name of Love with sexual depravity, but without speaking about it directly, is not the action of the ultimate hatred and anger towards this seduced child?
Try in legal terms of the Council of Europe to answer the question of whether the parents and relatives of the child being seduced have natural (not established by legal law) rights to use “hate speech” and / or “hate crime” against the seducer (s) of their child. I am sure that any father or mother who loves their child in their thoughts is ready to put a stone around the neck of an LGBT propagandist and send them together (both the stone and the face) into the depths of the sea. A terrible prospect for everyone. The child is seduced, the father and mother are in a state of hatred for another person, the propagandist-seducer is "drowned". Who is triumphant ???
The adopted Law 135-FZ resolved this difficult situation, and not in the harsh form of the Law of Human Conscience, for which a millstone around the neck is the best fate for a seducer-libertine, but in the mild form of monetary fines or short gatherings in a cell with other people, among which, by the way, the Law did not prohibit carrying out LGBT propaganda.
The state has assumed the burden of communicating with LGBT people who wish to promote their lifestyle among minors. Since the adoption of the law, it is now enough for the father and mother to call the competent authority of the state and notify the employee about the fact of propaganda of non-traditional sexual relations by certain persons in a particular place. Moreover, and this is the most important thing, the father and mother of a minor no longer need to torment themselves with hatred of the poor LGBT propagandist, and they can use the released energy to search and show the whole world people who lead the development of the temptations of sexual perversion among healthy people (adults and children). Non-traditional sexual relations are the gradual death of humanity, woe to the world. The people who lead the development of unproductive sexual relations in the world - namely, they lead, using power, money and other means - you need to know personally. Through whom the temptation of sexual perversion comes into the world and into the souls of people, it is necessary to find, describe, demonstrate in public, but not judge by your own judgment.
The law speaks of minors as a single whole community. Any minor in Russia should not be exposed to the promotion of non-traditional sexual relations. There are no exceptions.
What is the situation with adults within the framework of the established legal provisions?
The law divides them into two (hopefully unequal) parts: propagandists of non-traditional sexual relations (hereinafter referred to as non-traditional sexual relations) among minors and non-propagandists. Both LGBT people and people who are not LGBT can act as propagandists and non-propagandists of NSOs, willingly or unwillingly.
The law exempted people living an ordinary, natural life from the use of actions that suppress the propaganda of sexual perversion based on hostile attitudes towards LGBT people. At the forefront now is not hostility or hatred, but violation of the law. This fact is the most important factor of the Law. In mortal combat, the saber is always better than the fist.
This suppression will now be handled by the state with the filing of any interested parties. It should be noted that the state, by adopting Law No. 135-FZ, did not legally prevent LGBT people from engaging in social responsibility with each other, but in our opinion, debauchery.
Consequently, the condemnation of LGBT people just for the fact that they live a perverted sex life in the circle of their own kind is inadmissible from the standpoint of the current legislation of Russia. Their actions in their own circle of like-minded people are not lawful to the state.
In connection with the adoption of the law, normal - not sexually perverted - people should not fall into condemnation of the sodomites' way of life, but everything must be done to prevent them from washing their dirty linen out of their huts. To do this, it is necessary to constantly and promptly notify state bodies about all known facts manifestations of propaganda denying traditional family values.
It is imperative that judicial practice appears in this category of cases, as it will contribute to the development and improvement of legislation in this area of \u200b\u200bhuman relations. If the judicial practice is extensive, then the problem is great and it is necessary to adopt more serious laws and mobilize the healthy part of the population to counteract the expansion of the influence of LGBT people. If the judicial practice is insignificant, then this fact will objectively testify to the small number of LGBT people in Russia and thereby will contribute to more productive legal communication on this issue with the European Union in terms of the senselessness and unnecessary discussion of the problems of LGBT people at a high level of interstate communication.
In conclusion, I would like to summarize the main results of the legal progress in the legislation of Russia.
First, the Law does not contradict the legal interpretations and wishes of the Council of Europe documents. The law does not provide a reason for seekers to accuse the Russian Federation of non-compliance with the legal guidelines of the European Union on formal grounds. And if you sort things out in the legal field, then now it is better to do it within the legal terminology used in legal acts The European Union, gradually creating its own terminology. The adopted Law laid the foundation for this process. The Council of Europe is still cautious in terms of legal terms and qualifications, but this is still.
Secondly, the Law laid the foundation for the development of a legislative framework protecting minors from the promotion of non-traditional sexual relations in Russia.
Obviously, this is only the first timid step towards countering the threat posed by LGBT people to all people. A timid, careful step, but very correctly set in legal terms. It is urgent to work out your internal legal position in this area of \u200b\u200brelations. It is a legal position based on interests and preferences russian society.
Thirdly, the Law protects LGBT persons living or located in Russia from manifestations of excessive hostility towards them on the part of the democratic majority of Russians, provided that they do not share their miserable and ugly experience of sexual perversion with underage Russian citizens.
The law has been passed. Will he protect children from the temptations of perverted forms of sexual debauchery? Of course not. The law is only an assistant in resisting seducers, and healthy adults can resist them within the framework of the current legislation of Russia.
“Woe to the world because of temptations, for temptations must come; but woe to that person through whom temptation comes ”- these words, spoken almost 2000 years ago, were addressed both to the seducers and to those who resist the seducers.
I am on the side of those who will resist the seducers, using all methods not prohibited by Russian legislation.
I dare to assume that the modern humane or even inhuman legislation of any country in the world will not award the libertines seducing children with execution by drowning with a millstone around their necks, in connection with which the "confidants of debauchery" can only thank the Russian state for such a kind attitude towards their persons, expressed in the adoption of Law No. 135-FZ, and slowly begin preparations for the Court. And "he is waiting ..."
The ECHR satisfied the complaint of Russian gay activists and recognized that the Russian law banning gay propaganda among minors is discriminatory and violates the right to freedom of expression
Judges of the European Court of Human Rights (Photo: Vincent Kessler / Reuters)
Having considered the complaint filed by LGBT activists Nikolai Baev, Alexei Kiselev and Nikolai Alekseev, the European Court of Human Rights decided that the Russian law banning the promotion of non-traditional sexual relations among minors violates the right to freedom of expression and contains discrimination. All three applicants to the ECHR from 2009 to 2012 were prosecuted in Russia for promoting non-traditional relations.
The court found that Russian law violates Article 10 of the European Convention on Human Rights. It states that “everyone has the right to freely express their opinion, this right includes freedom to hold their own opinion and freedom to receive and impart information and ideas without any interference from public authorities and regardless of state borders”.
The decision also states that in connection with the violation of Article 10, there is also a violation of Article 14 of the Convention. The article is called "On the Prohibition of Discrimination". “The enjoyment of the rights and freedoms recognized in this convention must be ensured without any discrimination on the basis of sex, race, color, language, religion, political or other beliefs, national or social origin, belonging to national minorities, property position, birth or any other grounds, ”it says.
Only the judge from Russia to the ECHR, Dmitry Dedov, voted against this decision, who made a separate, dissenting opinion. In it, he defended the position that the court "seriously disregarded the fact that the private life of children is more important than freedom of expression."
Press Secretary of the Russian President Dmitry Peskov said that the decision of the ECHR will be considered after the Kremlin gets acquainted with the full wording of the verdict, Interfax reports.
Ilya Shablinsky, a member of the Human Rights Council (HRC), told RBC that the ECHR decision creates the preconditions for further filing claims against Russia, but will not be able to influence the change in Russian legislation. “This decision of the ECHR requires the reaction of the Russian courts - to correct their position [in relation to cases of propaganda of non-traditional sexual relations], to take into account the opinion of the European Court. But the decision of the Russian legislator, alas, does not oblige to change the Administrative Code, which is a pity, ”he said. According to Shablinsky, Article 6.21. Code of Administrative Offenses ("Promotion of non-traditional sexual relations among minors") "does not solve anything, but only gives reasons for bringing to administrative responsibility." “The adoption of this norm was of a political nature to show a certain course towards the protection of traditional values. The decision to cancel it should also be political, ”added the HRC member.
Dmitry Matveev, Managing Partner of the Law Office "Dmitry Matveev & Partners", explained to RBC that the citizens of Russia who will be involved in the future under Article 6.21. Administrative Code, may refer to the decision of the ECHR. “It cannot be said that now Russian judges must make different decisions. But the fact that they should take this position of the ECHR into account is for sure. And decisions will be made based on specific circumstances, ”he explained. If a decision in a Russian court "is made against them, then they can apply to the ECHR in the same way," the lawyer added.
In September 2014, the Russian Constitutional Court “Promotion of non-traditional sexual relations among minors”. The court concluded that the article did not contain discriminatory provisions. The decision stated that the ban on gay propaganda among minors is aimed "at protecting such constitutionally significant values \u200b\u200bas family and childhood," as well as protecting the health and spiritual and moral development of children.
At the same time, the Constitutional Court noted that the law considers only public actions to be illegal, the purpose of which is to disseminate information that imposes and popularizes non-traditional sexual relations among minors; the established prohibition does not allow for a broad understanding.
The applicants in the case of discrimination against the article on LGBT propaganda were the founder of the Moscow Gay Pride movement Nikolai Alekseev, as well as gay activists Yaroslav Yevtushenko and Dmitry Isakov. They demanded that Article 6.21 of the RF Code of Administrative Offenses (propaganda of non-traditional sexual relations) be recognized as contrary to a number of provisions of the Russian Constitution, in particular, guaranteeing the right to freedom of thought and speech, as well as the right not to be discriminated against.
The law banning the promotion of homosexuality was passed in 2013. The law calls propaganda of non-traditional sexual relations the dissemination of information aimed at the formation of non-traditional sexual attitudes in children, the attractiveness of such relationships, a distorted view of the social equivalence of traditional and non-traditional relationships, as well as the imposition of information that arouses interest in such relationships.
Sergei Alabin, the head of the department for combating pedophilia of the Office of Organizing the Fight against Crimes against the Personality of the Main Directorate of Criminal Procedure of Russia, proposed to introduce criminal liability for the promotion of homosexuality among minors. He stated this during a speech in the State Duma.
According to a police spokesman, administrative punishment for this act does not seem to be a sufficient measure, since it provides only fines: "If we establish criminal punishment, then we will save our generation, which should not grow up focused on pedophilia and unconventional relationships."
If the initiative is implemented, it will further tighten the current legislation. In 2013, she adopted a law that established administrative responsibility for "promoting non-traditional sexual relations among minors." At the same time, information promoting homosexuality was classified as prohibited for distribution among children. For violation of the provisions specified in Article 6.21 of the Administrative Code, a fine is from 4 to 5 thousand rubles for individuals and from 40 to 50 thousand rubles for legal entities. As for the officials, in case of such an offense they will have to pay from 800 thousand to a million rubles. If propaganda is carried out through the media, then this increases the fine for individuals from 50 thousand to 100 thousand rubles, for legal entities - from 100 to 200 thousand rubles, and for officials - up to a million rubles, or it threatens with the suspension of activities for up to 90 days.
The new initiative has received mixed reactions. Thus, the lawyer believes that the introduction of criminal liability for the propaganda of anything leads to serious abuse by law enforcement officers. “The concept of“ propaganda ”in the legislation is very difficult to define. In general, everyone
this is another attempt to criminalize verbal crime.
Here we will run into the issue of delineation of responsibility for any actions and the issue of responsibility for expressing one's opinion. I believe that in a normal, civilized society, it is impossible to impose responsibility for the expression of an opinion on any occasion, if this did not entail any grave consequences in itself, ”the lawyer said.
Panchenko noted that in Russian realities the term "propaganda" is not defined, and the introduction of responsibility for the propaganda of something will lead to selective repression. “This issue has been discussed in all developed countries, everywhere it is resolved in the same way: there can be no responsibility for the so-called propaganda, if it did not damage someone's interests protected by law. It is not possible to distinguish between propaganda and simply a person's expression of his opinion on any issue, ”the lawyer believes. Panchenko said that at one time the US Supreme Court made a decision: you cannot shout "Fire" in a crowded theater. This expression of opinion can create a crush and lead to casualties. But if you shout the same thing, that is, formally express your opinion in an empty theater or, say, in an open field, then in the absence of potential negative consequences this is considered completely acceptable.
Colleague Panchenko Alexander believes that the introduction of criminal liability for the promotion of homosexuality among minors is quite acceptable. "How orthodox person I consider homosexuality to be a psychological deviation, but each person can do anything, but at the same time he should not violate either the law or the freedom of another person. If there is a propaganda of mental deviation among minors (and these are people with a fragile psyche), then I believe that this is an encroachment on their freedom. It is necessary to introduce criminal punishment for this, ”the lawyer said. He agreed that it would be difficult to determine what exactly is propaganda and what is not. “This is a systemic involvement of a person in a circle of interests that were previously alien to him. it different methods and techniques, on the verge of psychology and sociology, but it can be summed up under the system, ”concluded Karabanov.
Former investigator of the RF IC, and now lawyer Vadim Bagaturia considers Alabin's statement a PR move. “The criteria for the“ propaganda ”of nontraditional sexual relations have already been spelled out in the Code of Administrative Offenses of the Russian Federation and formed by judicial practice, therefore, the transfer of the norm from the code to the code will not cause legal problems. As for the initiative of an employee of the Ministry of Internal Affairs, it cannot be called anything other than an attempt to board the outgoing train of the noisy "anti-gay and anti-pedophilic" campaign launched by the chairman, "he said. At the same time, the lawyer noted that
implementation of the initiative of the Ministry of Internal Affairs can lead to serious abuse of authority by investigators and judges, as happened with "anti-extremist" articles, according to which a person ends up in a colony for reposting an article or picture.
“It is quite possible that the ineffective judicial system of Russia will follow the path of least resistance and will not justify the defendants even if such actions are obviously insignificant,” Bagaturia said.
For a very long time throughout the history of mankind in European countries, very harsh punishments were provided for homosexuality, up to and including the death penalty. Andorra became the first state to abolish the criminal prosecution for same-sex sex in 1790. The second state is France of the epoch of the Great French Revolution. In the United States during colonial times, same-sex acts were punishable by death. In 1779, the Virginia legislator at the time, introduced a bill that mandated castration for sodomy and for lesbianism to pierce the nasal septum with a hole at least half an inch in diameter. This was considered the greatest possible manifestation of liberalism. The state of Illinois became the first American state to legalize same-sex relationships only in 1961. It was only in 2003 that the US Supreme Court ruled unconstitutional all regulations that prohibit unconventional sexual relations.
Unlike many other countries, in the history of Russia, criminal prosecution for same-sex acts did not exist for a long time. The first punitive measures were introduced only by Peter I in 1706 and extended only to military personnel. Then, in 1832, Nicholas I introduced criminal prosecution for sodomy into Russian legislation. After the October Revolution, prosecution for sodomy in the RSFSR was canceled, but returned to the Criminal Code in 1934 and remained there until 1993. Now criminal prosecution for homosexual relations still persists in 76 countries of the world, and in Iran, Yemen, Mauritania, Saudi Arabia and Sudan, as well as in parts of Niger and Somalia, homosexual contacts are punishable by death.
Pedophiles - Lifetime
In addition to toughening penalties for promoting homosexuality, parliamentarians also proposed to make the responsibility for pedophilia tougher the day before. The Vice-Speaker of the State Duma proposed introducing a sentence of life imprisonment for her. To convince colleagues, the parliamentarian called on statistics for help. According to her, in the first half of 2017, 7 thousand criminal cases were opened in Russia "on the fact of sexual assault against minors." This is 1 thousand more than in the same period last year. According to the vice-speaker, 5,000 children became victims of such crimes. She noted that
a significant part of these crimes were not committed by repeat offenders: “These are new criminals, these are persons who were not in the field of view of law enforcement officers, who had not previously committed other crimes in the vast majority of cases”.
Now, according to Russian criminal law (Articles 131 and 132 of the Criminal Code of the Russian Federation), the main punishment for the rape of a minor or violent acts of a sexual nature in relation to a minor (minor) may be, depending on the age of the victim (victim) and other circumstances, from 8 up to 20 years in prison and life imprisonment. It is also allowed to use restriction of freedom and deprivation of the right to hold certain positions or engage in certain activities for up to 20 years as additional punishments.
Note that they are trying to tighten the "anti-pedophile" legislation different countries the world. For example, in a 2008 referendum, Swiss citizens voted to abolish the statute of limitations for pedophilia-related crimes. And in the United States, a multi-level system has been created to combat pedophilia and child pornography. The exact terms of punishment there differ depending on the state, the nature of the crime, the age of the victim and other circumstances, usually from tens of years to several life sentences. In addition, in some states, a person who has served a sentence for pedophilia must report this fact to his neighbors. If he does not do this, he can be additionally punished by the inspection supervising his behavior.
MOSCOW, June 30 - RIA Novosti. Russian President Vladimir Putin signed a law banning gay propaganda among children. The corresponding document was published on the official portal of legal information on Sunday.
According to the document, for the propaganda of non-traditional sexual relations among children, a fine is set for citizens in the amount of 4 thousand to 5 thousand rubles, for officials - from 40 thousand to 50 thousand rubles, for legal entities - from 800 thousand rubles to one million rubles. Also, a violation may entail an administrative suspension of the activities of legal entities for up to 90 days.
The punishment for such propaganda using the media or the Internet will be tougher. The fine for citizens will be from 50 thousand to 100 thousand rubles, for officials - from 100 thousand to 200 thousand rubles, and for legal entities - a million rubles or suspension of activities for up to 90 days.
How did the ban on promoting homosexuality come about?
On March 30, 2012, a law banning the promotion of homosexuality and pedophilia among minors came into force in St. Petersburg, which gathered a huge number of both supporters and opponents. Violators of the law will be punished with fines ranging from 5 to 500 thousand rubles.
How other countries reacted to the decision of Russian legislators
The German government hopes that Russia will abandon the idea of \u200b\u200bintroducing responsibility for the promotion of non-traditional sexual relations. "We do not give up hope that russian state and the Duma will annul this decision, "- said the spokesman for the Cabinet of Ministers of Germany, Steffen Seibert.
"My child - I do what I want"
Ali and Chris are unschoolers: their kids won't go to kindergarten or to school and learn everything at home - through the experience gained in everyday life. Frank and Elizabeth are parents of five and adherents of "natural parenting": they are sure that home birth, breast-feeding up to four years and the longest possible physical contact between parents and children is a guarantee of good health and harmonious mental development. Gina and John give their sons dolls, are allowed to try on clothes from their mother's wardrobe and instill a love of cooking. In their house, man and woman are equal: children see that mom can hammer in a nail, and dad can do the laundry. They raise their boys outside of the gender system.
Will such non-traditional parenting prepare children for life in a real society?
Where same-sex marriage is legalized in the world
The first country to legalize same-sex marriage was the Netherlands. The law allowing same-sex marriage and adoption of children by such families has been in force since April 2001. To exercise this right, however, some restrictions have been introduced. Homosexuals can enter into a civil marriage through the usual ceremony at the mayor's office, just like heterosexual couples. When such marriages are concluded between people who are not Dutch nationals, one of them must be permanently and legally resident in the Netherlands. Mayors also have the right to refuse to register such marriages.
The tougher punishment for insulting the feelings of believers, the fight against Internet piracy and the ban on the adoption of children by same-sex couples are the most resonant bills passed during the spring session of parliament -
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The ban on gay propaganda in modern Russia differs from the Soviet country in its freer morals. Having access to the Internet, young people are introduced to various subcultures. These are hip-hoppers, hipsters, rockers, punks and others. The state does not infringe on the right to taste in music or clothing, there is no persecution due to bright hair color or refusal to eat meat. Unlike the European Union, where non-traditional marriages are allowed in most countries, Russia remains conservative. Homosexuals are no longer arrested, but since 2013 they have been prohibited by law from promoting such relationships. Vladimir Vladimirovich Putin signed a law banning the promotion of non-traditional sexual relations among minors (Law No. 135).
Attitude towards non-traditional sexual orientation in Russia
Most of the population of the Russian Federation has grown in soviet timesconsidering this era as an example for the younger generation. In those days "there was no sex," and homosexuality was considered a serious disease. Unconventional relations in the USSR fell under the article of the Criminal Code. Many were imprisoned, beaten and persecuted. Only in the 90s did they get rid of persecution and began to defend their rights. Because of sexually transmitted diseases, in particular AIDS, many Russians are against same-sex relationships. Gay parades and rallies are dispersed by people with radically opposing views. The issue of unconventional love in the state is acute, so the legislature decided to intervene.
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Get legal advice on criminal law Law on the Prohibition of the Promotion of Homosexuality
Federal Law No. 135 prohibits active campaigning for non-traditional communications. Legislature explains that the impressionability of adolescents can affect the child's psyche and impose unconventional views. The prohibition of promoting homosexuality applies exclusively to minors. In the presence of children, one cannot actively demonstrate same-sex relationships, hold rallies and parades. The media should not portray homosexual relationships as an example to follow.
At the same time, it is possible to cover the life of homosexuals, it is not forbidden to be in unconventional relationships, it is also possible to walk by the hand and speak neutral about your position. The main thing is not to obsessively show unconventional love in front of teenagers, so as not to provoke them to rash acts. The child's psyche is arranged in such a way that the child repeats the words and actions received in society. Nothing should shape their sexual preferences. For an informed choice, time must pass, if a minor himself searches for information on the Internet and decides to become a member of a sexual minority, then this is no longer considered propaganda.
The law prohibiting the promotion of homosexuality is protected by the executive and judicial authorities of the Russian Federation. Violation of the law threatens with administrative responsibility. A citizen of Russia will be fined up to 5,000 rubles for disseminating information, civil servants will pay 40-50 thousand rubles, organizations will be punished in the amount of 1,000,000 rubles with suspension from work for 3 calendar months. Foreigners engaged in propaganda among children will be detained for 15 days and then immediately deported from the country. For campaigning through mass communication channels, fines are several times higher, and offenders are punished more severely.
European Court of Human Rights
Banning gay propaganda violates free speech, Europe claims. The court protects absolutely all human rights: to life, housing, food, religion, nationality, skin color. Same-sex relationships are no exception, as they are the choice of the individual. In many countries, homosexuals live on an equal footing with the traditional family. In some states, they have advantages over others: they are the first to receive medical care, they can apply for refugee status, and so on. That is, a tolerant developed country can easily shelter an unconventional family, while the average family has fewer chances of moving to another country.
The ECHR considers the Russian law prohibiting LGBT propaganda as discrimination against sexual minorities. Activists have turned to European defenders with a claim for infringement of rights. According to them, non-traditional couples are deprived of freedom of speech. The judge from the Russian Federation opposed the decision explaining that the interests of children are more important than self-expression. But the European Convention for the Protection of Human Rights took the side of fundamental freedoms and made the final decision in favor of sexual minorities. The Russian Federation paid EUR 49,000 to the claimants of a separate social group in compensation for non-pecuniary damage and legal costs.
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LGBT community
This abbreviation stands for the community of all sexual minorities: lesbians, homosexuals, bisexuals, transgender people. Rainbow symbolism, pink triangle with lambda distinguish this social group from others. Baev, Kiselev and Alekseev are defenders of LGBT rights in Russia. Abuse of their rights is associated with gender discrimination, recalling cases in history related to the persecution of African Americans and members of other religions.
Banning gay propaganda has intensified LGBT people. The Rainbow Association was founded in 2006 and actively defends the rights of gender minorities, supporting the movement with rallies, actions, protests and public speeches. Nikolay Alekseev is considered to be the ideological inspirer and leader. His victory at the European Court of Human Rights gives an opportunity for a separate social group to defend their rights without fear of persecution. These are the right to health care, work, court, privacy and non-traditional relationships. Homosexual relationships are no longer considered a crime or a disease, but discrimination still occurs. For protection, you can turn incognito to a lawyer online. Residents of Moscow and other cities can count on legal support.
Statistics
The majority of citizens support the ban on campaigning by the LGBT social group. More than 80% are against the promotion of homosexuality. In addition, more than 40% of the population considers homosexuality to be a crime that should be criminalized. A quarter of the citizens surveyed insist that being gay is a shame. More than 15% require the imposition of penalties for unconventional sex. The European Convention on Human Rights supports a social group. LGBT people are full-fledged donors, have equal rights in court and, most importantly, can speak about their views without fear. They achieved equality in many ways, but not in relation to the family. In the Russian Federation, a homosexual couple will not be able to adopt a child. And 67% of the population agree with this. If you have any questions, ask your online lawyer.
Attention! In connection with latest changes in legislation, the legal information in this article could be out of date! Our lawyer can advise you for free
