Gay rights in Russia
Encyclopedia
Lesbian, gay, bisexual, or transgender (LGBT
) persons in Russia may face legal challenges not experienced by non-LGBT residents, though many advances have been made in the past two decades. (when Men who have sex with men
were finally allowed to donate blood), Russia has no criminal law on federal level directed at LGBT people, but since male homosexual
acts were decriminalized in 1993, authorities have done nothing to enact legislation to address discrimination
or harassment
on the basis of sexual orientation
or gender identity
. However, local legislature of Ryazan region
legislatively prohibited "propaganda of homosexuality among minors" and established fines for that administrative offense. A similar law was passed in Arkhangelsk region
in September of 2011. In November of 2011 a similar law was also adopted at first reading by the legislature of Saint Petersburg
(in case of Saint-Petersburg the adopted law imposed a ban on "propaganda
" of homosexualism, bisexualism, transgenderism
and pedophilia
, while lacking the exact and unambiguous definition of what exactly should be considered "propaganda" and what, for example, an educational material and missing any explanation why pedophilia is virtually equalized with the first three non-criminal even according to Russian law types of sexuality). Russian media reported that further readings of this law in Saint-Petersburg were postponed to "clarify some definitions". According to Russian media, a similar regional law is being drafted in Moscow
city legislature and according to Federation Council of Russia
speaker Valentina Matviyenko
such ban on "propaganda of homosexualism" might also be adopted on federal level in order to "protect the children from destructive influence" http://www.gazeta.ru/social/2011/11/17/3838878.shtml
Public opinion about LGBT topics and people tends to be negative: according to 2005 poll, 43.5% of Russians support re-criminalization of homosexual acts between consensual adults; at the same time, 42.8% of Russians support a legal ban on discrimination on the basis of sexual orientation. There is a visible LGBT community network, mostly in major cities like Moscow and Saint Petersburg
, including nightclubs and political organizations.
Same-sex marriages are not allowed in Russia. "Attempts by same-sex couples to marry both in Moscow and elsewhere in Russia are doomed to fail, Irina Muravyova said, head of the Moscow Registry Office. We live in a civil society, we are guided by the federal law, by the Constitution that clearly says: marriage in Russia is between a man and a woman, Such a marriage [same-sex] cannot be contracted in Russia!" Muravyova declared at a press conference.
In Soviet Russia, sex change operations were first tried during the 1920s but became prohibited until the 1960s, when they were often done by Russian endocrinologist Aron Belkin, who was something of an advocate for transgender people until his death in 2003.
LGBT
LGBT is an initialism that collectively refers to "lesbian, gay, bisexual, and transgender" people. In use since the 1990s, the term "LGBT" is an adaptation of the initialism "LGB", which itself started replacing the phrase "gay community" beginning in the mid-to-late 1980s, which many within the...
) persons in Russia may face legal challenges not experienced by non-LGBT residents, though many advances have been made in the past two decades. (when Men who have sex with men
Men who have sex with men
Men who have sex with men are male persons who engage in sexual activity with members of the same sex, regardless of how they identify themselves; many men choose not to accept sexual identities of homosexual or bisexual...
were finally allowed to donate blood), Russia has no criminal law on federal level directed at LGBT people, but since male homosexual
Homosexuality
Homosexuality is romantic or sexual attraction or behavior between members of the same sex or gender. As a sexual orientation, homosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, or romantic attractions" primarily or exclusively to people of the same...
acts were decriminalized in 1993, authorities have done nothing to enact legislation to address discrimination
Discrimination
Discrimination is the prejudicial treatment of an individual based on their membership in a certain group or category. It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group. The term began to be...
or harassment
Harassment
Harassment covers a wide range of behaviors of an offensive nature. It is commonly understood as behaviour intended to disturb or upset, and it is characteristically repetitive. In the legal sense, it is intentional behaviour which is found threatening or disturbing...
on the basis of sexual orientation
Sexual orientation
Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...
or gender identity
Gender identity
A gender identity is the way in which an individual self-identifies with a gender category, for example, as being either a man or a woman, or in some cases being neither, which can be distinct from biological sex. Basic gender identity is usually formed by age three and is extremely difficult to...
. However, local legislature of Ryazan region
Ryazan Oblast
Ryazan Oblast is a federal subject of Russia . Its administrative center is the city of Ryazan, which is the oblast's largest city. Population: -Geography:...
legislatively prohibited "propaganda of homosexuality among minors" and established fines for that administrative offense. A similar law was passed in Arkhangelsk region
Arkhangelsk Oblast
Arkhangelsk Oblast is a federal subject of Russia . It includes the Arctic archipelagos of Franz Josef Land and Novaya Zemlya, as well as the Solovetsky Islands in the White Sea....
in September of 2011. In November of 2011 a similar law was also adopted at first reading by the legislature of Saint Petersburg
Saint Petersburg
Saint Petersburg is a city and a federal subject of Russia located on the Neva River at the head of the Gulf of Finland on the Baltic Sea...
(in case of Saint-Petersburg the adopted law imposed a ban on "propaganda
Propaganda
Propaganda is a form of communication that is aimed at influencing the attitude of a community toward some cause or position so as to benefit oneself or one's group....
" of homosexualism, bisexualism, transgenderism
Transgenderism
Transgenderism is a social movement seeking transgender rights and affirming transgender pride.-History:In her 1995 book Apartheid of Sex, biopolitical lawyer and writer Martine Rothblatt describes "transgenderism" as a grassroots social movement seeking transgender rights and affirming transgender...
and pedophilia
Pedophilia
As a medical diagnosis, pedophilia is defined as a psychiatric disorder in adults or late adolescents typically characterized by a primary or exclusive sexual interest in prepubescent children...
, while lacking the exact and unambiguous definition of what exactly should be considered "propaganda" and what, for example, an educational material and missing any explanation why pedophilia is virtually equalized with the first three non-criminal even according to Russian law types of sexuality). Russian media reported that further readings of this law in Saint-Petersburg were postponed to "clarify some definitions". According to Russian media, a similar regional law is being drafted in Moscow
Moscow
Moscow is the capital, the most populous city, and the most populous federal subject of Russia. The city is a major political, economic, cultural, scientific, religious, financial, educational, and transportation centre of Russia and the continent...
city legislature and according to Federation Council of Russia
Federation Council of Russia
Federation Council of Russia ) is the upper house of the Federal Assembly of Russia , according to the 1993 Constitution of the Russian Federation...
speaker Valentina Matviyenko
Valentina Matviyenko
Valentina Ivanovna Matviyenko , born 7 April 1949 in the Ukrainian SSR), is currently the highest-ranking female politician in Russia, the former governor of Saint Petersburg and the current Chairman of the Federation Council of the Russian Federation...
such ban on "propaganda of homosexualism" might also be adopted on federal level in order to "protect the children from destructive influence" http://www.gazeta.ru/social/2011/11/17/3838878.shtml
- The age of consentAge of consentWhile the phrase age of consent typically does not appear in legal statutes, when used in relation to sexual activity, the age of consent is the minimum age at which a person is considered to be legally competent to consent to sexual acts. The European Union calls it the legal age for sexual...
currently stands at 16 since 2003, regardless of sexual orientationSexual orientationSexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...
. - Transsexual and transgenderTransgenderTransgender is a general term applied to a variety of individuals, behaviors, and groups involving tendencies to vary from culturally conventional gender roles....
people can change their legal gender after corresponding medical procedures since 1997. - Homosexuality was officially removed from the Russian list of mental illnessMental illnessA mental disorder or mental illness is a psychological or behavioral pattern generally associated with subjective distress or disability that occurs in an individual, and which is not a part of normal development or culture. Such a disorder may consist of a combination of affective, behavioural,...
es in 1999 (after endorsing ICD-10ICD-10The International Statistical Classification of Diseases and Related Health Problems, 10th Revision is a medical classification list for the coding of diseases, signs and symptoms, abnormal findings, complaints, social circumstances, and external causes of injury or diseases, as maintained by the...
). - There is currently no legal recognition of same-sex couples in RussiaRecognition of same-sex unions in RussiaRussia recognizes neither same-sex marriage nor any other form of civil union for same-sex couples. However, gay activists claim that a same-sex marriage contracted abroad can legally be recognized in Russia...
(nor heterosexual unions are recognized, though), and same-sex marriageSame-sex marriageSame-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
s are not allowed. Public support for gay marriages is at 14% . - Single persons can adopt children, regardless of sexual orientationSexual orientationSexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...
, but only married couples can adopt children together, as a couple. - Gay people (at least officially) can serve in the military on a par with heterosexual peopleHeterosexualityHeterosexuality is romantic or sexual attraction or behavior between members of the opposite sex or gender. As a sexual orientation, heterosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, physical or romantic attractions to persons of the opposite sex";...
since 2003
Public opinion about LGBT topics and people tends to be negative: according to 2005 poll, 43.5% of Russians support re-criminalization of homosexual acts between consensual adults; at the same time, 42.8% of Russians support a legal ban on discrimination on the basis of sexual orientation. There is a visible LGBT community network, mostly in major cities like Moscow and Saint Petersburg
Saint Petersburg
Saint Petersburg is a city and a federal subject of Russia located on the Neva River at the head of the Gulf of Finland on the Baltic Sea...
, including nightclubs and political organizations.
Same-sex marriages are not allowed in Russia. "Attempts by same-sex couples to marry both in Moscow and elsewhere in Russia are doomed to fail, Irina Muravyova said, head of the Moscow Registry Office. We live in a civil society, we are guided by the federal law, by the Constitution that clearly says: marriage in Russia is between a man and a woman, Such a marriage [same-sex] cannot be contracted in Russia!" Muravyova declared at a press conference.
Transgender issues
In Tsarist Russia, young women would sometimes pose as men or act like tomboys. This was often tolerated among the educated middle classes, with the assumption that such behavior was asexual and would stop when the girl married. However, cross-dressing was widely seen as immoral behavior, punishable by the Church and later the government.In Soviet Russia, sex change operations were first tried during the 1920s but became prohibited until the 1960s, when they were often done by Russian endocrinologist Aron Belkin, who was something of an advocate for transgender people until his death in 2003.
Summary table
Homosexuality legal | (since 27 May 1993) |
Equal age of consent | (since 27 May 1993)The age of consent for homosexual acts was never specifically mentioned in the old Criminal Code of RSFSR, which was replaced with the new Criminal Code of Russia in 1996, and this new Code mentions the age of consent regardless of sexual orientation in Article 134. |
Anti-discrimination laws in any area | (authorities refuse to recognize the need in special legislation) |
Same-sex marriage(s) | |
Recognition of same-sex couples as de facto couples or civil partnerships | (no recognition Recognition of same-sex unions in Russia Russia recognizes neither same-sex marriage nor any other form of civil union for same-sex couples. However, gay activists claim that a same-sex marriage contracted abroad can legally be recognized in Russia... ) |
Joint and/or step adoption by same-sex couples | (only married couples allowed to adopt) |
Adoption by single homosexual people | (no legal restrictions based on sexual orientation Sexual orientation Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,... for single people to adopt) |
Gays allowed to serve openly in the military | (gay people can serve in the military, but they are advised to hide their homosexuality) |
Right to change legal gender | (since 15 November 1997) |
MSM Men who have sex with men Men who have sex with men are male persons who engage in sexual activity with members of the same sex, regardless of how they identify themselves; many men choose not to accept sexual identities of homosexual or bisexual... s allowed to donate blood |
(since 16 April 2008) |
Right to speak publicly | (currently in discussion by political leaders) |
See also
- Russian LGBT networkRussian LGBT networkRussian LGBT network — Russian interregional non-governmental organization working for the protection of rights and social adaptation of sexual and gender minorities .The movement was founded in May, 2006...
- Human rights in RussiaHuman rights in RussiaThe rights and liberties of the citizens of the Russian Federation are granted by Chapter 2 of the Constitution adopted in 1993.Russia is the signatory to the Universal Declaration of Human Rights and has also ratified a number of other international human rights instruments, including the...
- Moscow PrideMoscow PrideMoscow Pride is a demonstration of lesbians, gays, bisexuals and transgendered persons . It was intended to take place in May annually since 2006 in the Russian capital Moscow, but has been regularly banned by Moscow City Hall, headed by Mayor Yuri Luzhkov until 2010...
- Nikolai AlekseevNikolai AlekseevNikolay Alexandrovich Alexeyev, also written in English as Alekseyev, Alekseev and Alexeev born on December 23, 1977 in Moscow) is a Russian LGBT rights activist, lawyer and journalist....
- LGBT Human Rights Project Gayrussia.ru
- Recognition of same-sex unions in RussiaRecognition of same-sex unions in RussiaRussia recognizes neither same-sex marriage nor any other form of civil union for same-sex couples. However, gay activists claim that a same-sex marriage contracted abroad can legally be recognized in Russia...
- LGBT culture in RussiaLGBT culture in RussiaAlthough life in modern Russia allows many more liberties for gays and lesbians than it did before the Revolutions of 1989, unofficial discrimination and fear are still rampant. "It would be foolish to interpret some new freedoms as tolerance," said Igor Kon, a sociologist who is Russia's...
External links
- Russian LGBT Anthem (en)(ru)
- lgbtrights.ru (en)(ru)
- LGBT Human Rights Project GayRussia.Ru (en)(ru)
- Russian National Gay, Lesbian, Bisexual, Transsexual Website (ru)
- Is HOMO what OMON sees in the mirror? – The eXile (en)
- LGBT History: Russia (en)
- State Duma rejected “sexual hatred” to be the reason for criminal prosecution 14.02.2004 (en)
- Bashkortostan Parliament's deputy proposes legitimating homosexual marriages 22.05.2004 (en)