ECtHR : Judgment Bazhenov and Others v. Russia (nos. 8825/22 and 19130/22) (failure of the national authorities to respond adequately to homophobia-driven incidents)
The applicants, Yevgeniy Bazhenov, Aleksandr Semkin and Artem Lapov, are three Russian nationals who were born in 1985, 1984 and 1988 respectively. They are homosexuals and are in same-sex marriages registered outside Russia. The first two applicants are a couple and live in Moscow. The third applicant and his husband left Russia in 2022, and are currently residing in a European country as refugees.
The case concerns disclosure of the applicants’ personal data, including information about their sexual orientation, on social networks, and the alleged failure of the national authorities to respond adequately to those homophobia-driven incidents.
Relying on Article 8 (right to respect for private and family life) taken alone and in conjunction with Article 14 (prohibition of discrimination) of the Convention, the applicants complain that the national authorities failed to do their duty to ensure effective respect for their private lives and protect them from discrimination. They also complain under Article 13 that they had no effective domestic remedy at their disposal for their Convention complaints.
Violation of Article 14 taken in conjunction with Article 8
Just satisfaction: non-pecuniary damage: EUR 7,000
International and Comparative SOGIESC Law - Professor Andreas R Ziegler 