Bayev and Others v. Russia
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| Bayev and Others v. Russia | |
|---|---|
| Decided 20 June 2017 | |
| Full case name | Bayev and Others v. Russia |
| Case | 67667/09, 44092/12, and 56717/12 |
| Chamber | Third |
| Language of proceedings | English |
| Nationality of parties | Russian |
| Ruling | |
| Violation of Article 10 alone and in conjunction with Article 14 | |
| Court composition | |
| President Helena Jäderblom | |
| Judges | |
| Instruments cited | |
| European Convention on Human Rights | |
| Legislation affecting | |
| Russian gay propaganda law | |
| Case opinions | |
| Majority | Jäderblom, joined by Keller, Guerra, Poláčková, Sergides, Schukking |
| Dissent | Dedov |
Bayev and Others v. Russia (67667/09, 44092/12 and 56717/12) was a case brought to the European Court of Human Rights by three Russian activists—Nikolay Bayev, Aleksei Aleksandrovich Kiselev, and Nikolay Alekseyev—alleging that the Russian gay propaganda law infringed on their freedom of expression guaranteed by Article 10 of the European Convention on Human Rights. On 20 June 2017, the court ruled that the applicants' freedom of expression had been compromised.[1] The only dissent was from Dmitry Dedov, the judge elected with respect to Russia.
In 2009, Ryazan Oblast passed "Law on Protection of the Morality of Children in the Rayzan Oblast" and "Law on Administrative Offenses" making "promotion of homosexuality" an administrative offense. Nikolay Bayev, Aleksei Aleksandrovich Kiselev, and Nikolay Alekseyev were Russian LGBT rights activists. Bayev had demonstrated with signs stating "Homosexuality is normal" and "I am proud of my homosexuality". Kiselev and Alekseyev protested next to a library holding signs stating "Russia has the world's highest rate of teenage suicide. This number includes a large proportion of homosexuals. They take this step because of the lack of information about their nature. Deputies are child-killers. Homosexuality is good!" and "Children have the right to know. Great people are also sometimes gay; gay people also become great. Homosexuality is natural and normal". The applicants were convicted and fined based on these laws and their appeals were denied by Russian courts.[2] In a 2009 case brought to the Constitutional Court of Russia by Bayev, Alekseyev, and Irina Fedotova, the court ruled that the anti-LGBT propaganda laws were compatible with the Constitution of Russia.[3]
Prior to the Bayev judgement, sociologist Paul Johnson stated that "[t]here is an emerging consensus of opinion" that the Russian gay propaganda law in both its existence and enforcement violated the ECHR.[4] Justine De Kerf predicted that the anti-gay propaganda law could not be upheld in Strasbourg because "this type of legislation even threatens the very concepts the Court is bound to protect: universal human rights and the principles of democracy".[3] The Council of Europe's advisory body on constitutional law, the Venice Commission, passed a resolution stating that bans on "propaganda of homosexuality" "are incompatible with ECHR and international human rights standards".[5]