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ECtHR: Judgment Klimova and Others v. Russia (State action for “promoting homosexuality among minors” violates freedom of expression)

ECtHR: Judgment Klimova and Others v. Russia (nos. 33421/16, 8156/20, 32416/20, 39855/20, 10497/21, 33277/21, and 46226/21) (State action for “promoting homosexuality among minors” violates freedom of expression)

The applicants are six Russian nationals who were born on various dates between 1973 and 2000. They are the owner of a website and administrators of websites or social networking groups and communities, such as http://www.gay.ru, one of the oldest and largest LGBTI websites in Russia, and an online project “Children-404. LGBT teenagers” (Дети-404. ЛГБТ-подростки). The websites and VKontakte a social networking platform communities and groups owned or administered by the applicants sought to encourage tolerance and acceptance of LGBTI people, to give support to troubled LGBTI teenagers, to provide information on, and a forum for discussion of, LGBTI-related topics or to provide a space where LGBTI people could meet to find friends or romantic partners.
The case concerns the applicants’ convictions for an administrative offence and/or the blocking of access to their websites or webpages on social networking sites for “promoting homosexuality among minors”. Legislation introduced in Russia from 2003 to 2013 made the “promotion of non-traditional sexual relationships” among minors an offence punishable by a fine (see Bayev and Others v. Russia, applications nos. 67667/09, 44092/12 and 56717/12). The Russian courts notably found that the applicants’ publications on the Internet were harmful for children.

Relying on Article 10 (freedom of expression), the applicants complain that the legislative ban on promoting homosexuality among minors as applied in their specific cases breached their freedom of expression. One of the applicants, Yuliya Vladimirovna Tsvetkova (no. 39855/20), also complains that the security services collected user data from VKontakte related to her personal social networking account and to the social networking commuity administered by her. She relies on Article 8 (right to
respect for private and family life).

Violation of Article 8 in application no. 39855/20
Violation of Article 10 in applications nos. 33421/16, 8156/20, 32416/20, 10497/21, 33277/21, and 46226/21

Just satisfaction: For the details of the amounts awarded to the applicants for non-pecuniary damage, as well as for costs and expenses, please see the operative part the judgment

More: https://hudoc.echr.coe.int/eng?i=001-241568

Japan court urges government to recognize legality of same-sex marriage

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Japan court urges government to recognize legality of same-sex marriage

The Fukuoka High Court ruled that Japan’s current policy against same-sex marriage is discriminatory and unconstitutional on Friday. This marks the third time a High Court in the country has declared the ban on same-sex marriage unconstitutional, and this ruling specifically calls on the government to undertake necessary legal reforms.

In this case, three couples living in Fukuoka and Kumamoto whose same-sex marriage registrations were rejected, sought compensation from the government. The six appellants claimed that the Civil Code of Japan and the Family Registration Act, which ban same-sex marriage, violates the Japanese constitution. This appeal followed the Fukuoka District Court’s ruling that the government was not required to take immediate legislative action, despite being in a “state of unconstitutionality.”

Presiding Judge Okada Takeshi highlighted the importance of legal recognition for same-sex couples, in light of the constitutional principles of individual dignity and gender equality. The court referenced Article 13 of the Constitution for the first time, stating that the absence of a legal framework for same-sex marriage denies individuals in same-sex relationships a means to pursue happiness.

He emphasized that sexual orientation is determined before birth or early in life and is not a choice that can be changed by will or psychiatric methods. Thus, the desire to pursue happiness through the establishment of a family is the same for both heterosexual and same-sex couples.

The government argued on definition of marriage under Article 24 of the Constitution, citing the terms “both sexes” and “husband and wife.” In response, the court clarified that the legislative intention of Article 24 was not to prohibit same-sex marriage but to eliminate the historical subordination of wives in the family system. “There is no longer any reason to not legally recognize marriage between same-sex couples,” Judge Okeshi concluded.

After the ruling, four plaintiffs hailed the decision outside the court. They held a sign , questioning why Japan’s parliament has not yet legalized same-sex marriage.

This ruling aligns with two prior High Court decision in Sapporo and Tokyo, which similarly deemed the government’s stance on same-sex marriage unconstitutional.

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Ugandan court awards $40K to men tortured after arrest for alleged homosexuality

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Ugandan court awards $40K to men tortured after arrest for alleged homosexuality

A Ugandan court on Nov. 22 awarded more than $40,000 (Shs 150 million) to 20 men who police tortured after their 2020 arrest for alleged homosexuality.

The High Court of Uganda’s Civil Division ruling notes “police and other state authorities” arrested the men in Nkokonjeru, a town in central Uganda, on March 29, 2020, and “allegedly tortured.”

“They assert that on the morning of the said date their residence was invaded by a mob, among which were the respondents, that subjected them to all manner of torture because they were practicing homosexuality,” reads the ruling. “The alleged actions of torture include beating, hitting, burning using a hot piece of firewood, undressing, tying, biding, conducting an anal examination, and inflicting other forms of physical, mental, and psychological violence based on the suspicion that they are homosexuals, an allegation they deny.”

More: https://www.washingtonblade.com/2024/11/26/ugandan-court-awards-40k-to-men-tortured-after-arrest-for-alleged-homosexuality/

Georgia signs bill protecting family values, minors from LGBT and homosexual influences

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Georgia signs bill protecting family values, minors from LGBT and homosexual influences

Speaker of the Republic of Georgia’s parliament Shalva Papuashvili announced on Thursday that he signed into law a bill aimed at protecting family values and minors from LGBT and homosexual influences, according to local media.

The legislation stated that Georgia recognizes family values of the union of a man and a woman, which are strengthened by the constitutional agreement of the Apostolic Autocephalous Orthodox Church of Georgia and the State of Georgia. While the legislation said that there are foreign legislations that recognize and allow the marriage of same-sex individuals, it stated that these practices ignore the best interests of minors and would be incompatible with the Code of Children’s Rights and several other legal acts aimed at defending children.

The law defined marriage as the union of one genetic man and woman and prohibited medical intervention in sex change operations. It also disallowed official documents from not stating the genetic sex of the identity holder and criminalized gatherings that aimed to promote homosexual marriage.

While the European Commission for Democracy through Law acknowledged that Georgia’s decision to limit marriage to a man and a woman was aligned with Article 12 of the European Convention on Human Rights (ECHR), the commission said that there was no “justification for barring [] transsexuals from enjoying the right to marry under all circumstances.” The commission also noted that bans on sex change surgeries violate Article 8 of the ECHR, which allows for the right to respect for private and family life.

In September, US Secretary of State Antony Blinken announced visa restrictions on 60 Georgians after the Georgian Legislature approved the bill. The 60 Georgians include senior government figures who Blinken said were “responsible for, or complicit in, undermining democracy in Georgia.” Georgia’s Prime Minister Irakli Kobakhidze said that the country may revise its ties with the US if the US imposes more sanctions on Georgian officials.

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