ECtHR: LGBT-related freedom of expression cases concerning Georgia and Russia

ECtHR: LGBT-related freedom of expression cases concerning Georgia and Russia

ECHR Sexual Orientation Blog

LGBT-related freedom of expression cases concerning Georgia and Russia Posted: 31 Jul 2021 08:55 AM PDT

The European Court of Human Rights has issued two judgments concerning LGBT issues and freedom of expression. 

In Gachechiladze v Georgia the Court considered the complaint of an applicant who produces condoms and who, on the basis of some of her designs, had become subject to administrative-offence proceedings, on the basis that they constituted unethical advertising. Some of the designs of the condom packaging expressed support of the LGBT community and, in this and other respects, the Court noted that the applicant’s brand appeared to have been aimed at initiating and/or contributing to a public debate concerning various issues of general interest. The Court found the applicant had suffered a violation of Article 10 of the Convention.

In Yartsev v Russia the Court considered the conviction of the applicant, an LGBT activist, for shouting slogans at a public event. According to the applicant, he chanted anti‑discrimination slogans such as “No discrimination on grounds of sex and sexual orientation”. The police reported the applicant shouted “Stop abuse by cops” and “Down with the police State”. The Court found that the interference with the applicant’s right to freedom of expression and assembly was not “prescribed by law” and that there had been a violation of Article 10 of the Convention, interpreted in the light of Article 11.


Transgender Europe has several staff and consultancy vacancies

Transgender Europe has several staff and consultancy vacancies

Transgender Europe (TGEU) is looking for a Deputy Director, a Research Officer, two Policy Officers, and an EECA Officer to join their team as full-time staff. TGEU also published consultancy opportunities on policy, strategic litigation, translation, interpretation, and evaluation.

Read more about the vacancies.

IGLYO is looking for an Executive Director

IGLYO is looking for an Executive Director

The International LGBTQI Youth and Student Organisation (IGLYO) is accepting applications to become their Executive Director. IGLYO particularly encourages applications from women, trans, intersex and non-binary people, people of color and black people, people with migrant or immigrant backgrounds, those with disabilities and those who are under 30 years old.

Read more and apply by 3 September.

ILGA World is seeking an Executive Director (Geneva)

ILGA World is seeking an Executive Director (Geneva)

ILGA World – the International Lesbian, Gay, Bisexual, Trans and Intersex Association is seeking an authentic, respected and mission-driven individual to join as Executive Director. LGBTI D/deaf and disabled people; lesbian and bisexual women; intersex persons; trans, gender-diverse, and non-binary persons; and persons from the Global South are especially encouraged to apply, to increase the representation of people among LGBTI communities in ILGA World’s work.


Read more and apply by 9 August.

First same-sex partnership concluded in Montenegroconcluded in Montenegro

First same-sex partnership concluded in Montenegro

On 25 July, the first ever same-sex partnership was concluded in Montenegro, in the town of Budva. The same-sex partnership law was voted by Parliament on 1 July 2020, making Montenegro a leader in the region as the first Western Balkans country outside the EU to adopt such legislation. We now hope to see all relevant bylaws amended so that the law can be implemented in its entirety and all couples under this law can conclude registered partnerships.

Read more (in Montenegrin).

New Zealand government introduces bill prohibiting LGBTQ conversion therapy

New Zealand government introduces bill prohibiting LGBTQ conversion therapy

The New Zealand government introduced a bill in the country’s parliament Friday that criminalizes conversion practices targeted at LGBTQ+ people to deter the performance of such practices.

The bill defines conversion practice as any action taken against a person because of that person’s sexual orientation, gender identity, or gender expression, with the intention of changing or suppressing that person’s sexual orientation, gender identity, or gender expression. Further, the bill excludes from the scope of conversion practices health services provided by health practitioners, along with people offering legitimate counseling, support, and advice. The bill also exempts the general expression of religious beliefs on sexuality and gender from the definition.

Introducing the bill, Minister of Justice Kris Faafoi said, “conversion practices have no place in modern New Zealand. They are based on the false belief that any person’s sexual orientation, gender identity, or gender expression is broken and in need of fixing.” He further added, “delivering on our 2020 election manifesto to prohibit conversion practices,” the bill will offer an avenue to redress the harm caused by conversion practices and safeguard all New Zealander’s human rights to live free of discrimination.

The bill makes it illegal for anybody to undertake conversion practice on a person under the age of 18 or on any person who lacks the mental ability to grasp the nature and implications of decisions affecting their health. Any contravention of this provision entails a penalty of imprisonment not exceeding 3 years. Furthermore, the bill stipulates that any conversion practice that causes “serious harm” to a person would be punishable by up to 5 years of imprisonment. In any case, consent of the person undergoing such practices is not a defense.

Moreover, the bill also creates a civil avenue of remedy for survivors of conversion practices by authorizing the Human Rights Commission to receive complaints.

This move comes just months after the New Zealand government announced in February 2021 that it will pass a law prohibiting conversion practices. In June, Canada’s House of Commons also approved a bill criminalizing LGBTQ+ conversion practices.

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