Executive Summary
This research report investigates the proliferation of so-called anti-LGBT propaganda laws and their direct violation of international human rights law. These laws often exploit the protection of children's rights, family rights, national, and cultural values as pretexts to justify their attacks on the protected human rights of LGBTQI individuals. The research report also highlights best practices and recommendations for both civil society and states.
The main purpose of the research paper is to equip youth activists and civil society with the arguments, tools, and knowledge needed to counter such vicious attacks and combat proposed or active national and local LGBT propaganda laws, particularly through advocacy and communications work.
In the past five years, nine countries in Central and Eastern Europe, as well as Central Asia, have attempted to pass laws restricting the rights and well-being of LGBT people under the guise of protecting children, upholding family values, or defending national and cultural identities. In some cases, notably Russia, they have succeeded, resulting in a crackdown on LGBT activists, restrictions on public gatherings, and the legitimisation of homophobic behaviours, including violence, within societies.
This research paper examines various legislations aimed at banning LGBT 'propaganda,' whether enacted or proposed, in countries such as Belarus, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Poland, Russia, and Ukraine.
This research report is a product of collaboration between TrustLaw, which is Thomson Reuters Foundation’s global pro bono legal program, and IGLYO.
Anti-LGBT Propaganda Laws
In Russia, the federal law 'for the Purpose of Protecting Children from Information Advocating for a Denial of Traditional Family Values' was unanimously approved by the State Duma on 11 June 2013 and signed into law on 30 June 2013 by President Vladimir Putin. This legislation makes it illegal to distribute 'propaganda' supporting 'non-traditional' sexual relationships among minors. Violations of this law can result in fines for individuals and orders to cease operations for organisations. Foreigners found in breach of the law may face detention and deportation or fines and deportation. The Russian Constitutional Court has clarified that the law targets direct promotion of homosexual relations rather than neutral information.
Following the enactment of the Russian legislation, several post-Soviet countries in Europe and Central Asia have proposed bills or enacted laws mirroring its terms, aiming to ban the promotion of same-sex relationships and LGBT-related information.
In Belarus, the 'Bill on the Protection of Children from Information Harmful to their Health and Development' was set to take effect in July 2017. While not explicitly mentioning sexual orientation or gender identity, it resembles Russia's anti-LGBT propaganda legislation, prohibiting information that 'discredits the institution of family and marriage' to children, leaving the interpretation open to authorities.
In Kazakhstan, the proposed legislation, 'Law on the Protection of Children from Information Harming their Health and Development,' shares similarities with the Russian law, though the text has not been made public. Initially rejected in May 2015 due to vague wording, its fate remains uncertain.
Kyrgyzstan's proposed legislation, still under parliamentary consideration, is broader and more severe than others. It imposes harsh punishments for expressing support for unconventional sexual orientation via various media.
Latvia faced attempts to restrict LGBT-related information in 2013, but the draft law failed. However, amendments to the Education Law in 2015 mandated 'moral' education in line with constitutional values, defining marriage as between a man and a woman. This move has been considered by many to effectively echo Russia's law.
In Lithuania, an initially proposed homophobic law entitled the ‘law on the protection of minors against the detrimental effect of public information’ which would have forbidden the ‘propaganda of homosexual, bisexual or polygamous relations’ to minors was protested by the European Parliament, leading to its revision. Although explicit language was removed, references to the 'traditional family model' remain.
In Moldova, an 'anti-propaganda' law akin to Russia's was enacted in July 2013 but was later repealed in October the same year. However, Moldova considered reintroducing a similar law in June 2016. This proposed legislation, modelled after Russia's, aims to ban 'homosexual propaganda' and has already gained approval from the Culture and Education Committee. Its fate now lies with the Moldovan Parliament, where its passage remains uncertain. If approved, the law would impose fines for disseminating 'homosexual propaganda' to minors through various channels.
Poland introduced draft legislation aimed at prohibiting homosexual individuals from working in the teaching profession in March 2017. However, this proposed bill was never voted on due to changes in the composition of the Polish parliament following new elections. Despite this, the significant influence of the Catholic Church in Poland ensures that conservative views still wield considerable sway over law-making and public opinion. Additionally, authorities have made several attempts to ban LGBT parades and events, although these efforts were thwarted when courts deemed the bans unconstitutional, allowing the events to proceed.
In Ukraine, drafts aimed at prohibiting 'homosexual propaganda' faced international criticism and were withdrawn in 2014. Despite the removal of the bill, a 2015 report from the International Lesbian, Gay, Bisexual, Trans, and Intersex Association (ILGA) indicates that discussions around propaganda laws remain prominent in Ukraine.
Violation of International Human Rights Law
The research focuses on three main international treaties utilised to counter anti-propaganda attacks on the human rights of LGBTQI individuals. These treaties are the International Covenant on Civil and Political Rights (ICCPR), the European Convention on Human Rights (ECHR), and the Convention on the Rights of the Child (CRC).
The ICCPR serves as a key instrument for establishing fundamental rights, including (i) prohibiting discrimination based on personal characteristics, (ii) protecting an individual's right to freedom of expression (FoE), (iii) safeguarding an individual's right to freedom of association (FoA), and (iv) protecting children from discrimination based on personal characteristics.
The ECHR ensures that individuals can enjoy their rights to FoE and FoA regardless of sex, political or other opinions, association with a national minority, or other status. As demonstrated in this report, states that have implemented propaganda legislation violate FoE and FoA under the ECHR.
The CRC asserts that children should be protected from all forms of discrimination and have the right to freedom of expression, thought, association, and peaceful assembly, as well as access to information.
Under the Propaganda Bill, children would be restricted from accessing or requesting information, materials, or guidance, particularly related to sexuality, thereby limiting their protected rights. The Committee on the Rights of the Child has specifically endorsed a child's right to receive and impart information on sexuality through various publications
Best Practice and Recommendations
Several countries worldwide have implemented various legislative and practical measures to protect LGBT expression and culture. This report examines several of these initiatives and outlines three key areas of recommendations.
The first recommendation is the inclusion of specific provisions in laws that prohibit discrimination based on sexual orientation, gender identity, and sex characteristics (SOGIESC).
The second recommendation suggests that states should precisely and clearly define the personal characteristics covered as protected grounds by anti-discrimination laws.
Thirdly, states are encouraged to establish equality bodies tasked with overseeing the development and implementation of policies and measures aimed at protecting LGBTQI individuals from discrimination.
