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EQUALITY and NON-DISCRIMINATION in RUSSIA Best Practice Guide for Lawyers

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EQUALITY and NON-DISCRIMINATION in RUSSIA Best Practice Guide for Lawyers EQUALITY AND NON-DISCRIMINATION IN RUSSIA Best Practice Guide for Lawyers Practical Guide for lawyers advising victims of discrimination on the grounds of sex and gender, religion or belief, race and ethnicity, disability and sexual orientation and gender identity EQUAL RIGHTS TRUST Table of Contents Acknowledgements Acronyms Introduction . 1 Part One: Experience of Groups Exposed to Discrimination in Russia . 3 Part Two: Equality and Non-Discrimination . 9 Part Three: Laws That Protect Equality and Non-discrimination . 11 Part Four: Key Human Rights Issues that Affect Persons Suffering Discrimination in Russia . 22 Part Four (a) Discriminatory Violence . 22 Part Four (b) “Hate Speech” . 31 Part Four (c) Freedom of Expression, Freedom of Assembly and Freedom Association . 36 Part Four (d) Right to Respect for Private and Family Life . 49 Part Four (e) Employment, Healthcare and Education . 56 Part Four (e)(i) Right to Work . 59 Part Four (e)(ii) Right to Health . 65 Part Four (e)(iii) Right to Education . 70 Part Four (f) Participation in Political and Public Life . 75 Part Four (g) Discrimination by State Agents . 80 Part Five: Legal Strategies for Ensuring Access to Justice for Victims of Discrimination . 91 Part Six: Best Practice in Information and Legal Advice to victims of discrimination . 122 Resources for Lawyers Working with Victims of Discrimination . 124 Acknowledgements This Guide has been produced as part of a long-term initiative by the Equal Rights Trust which is aimed at improving access to justice for victims of discrimination in Russia . The Guide expands upon the Equal Rights Trust’s Best Practice Guide for Lawyers, pub- lished in March 2017, which was designed to support Russian lawyers to provide best prac- tice legal information and advice to lesbian, gay, bisexual and transgender (LGBT) clients and ensure that LGBT+ persons enjoy equal access to justice . This new version of the Guide expands the scope of the earlier Guide, to address discrimination affecting women, religious and ethnic minorities and persons with disabilities, as well as LGBT persons . The Guide was compiled by the Equal Rights Trust, under the co-ordination of Camilla Alonzo (Legal and Programmes Officer) . The lead researcher and drafter was Pouya Fard . Significant contributions to the research were made by a number of pro bono volunteers, including Evie Clarke, Marieta Akhvlediani, Tom Hennessey, Rosie Beacock, Roser Grima Algora, Harry Hopkins and Charlotte Crilly . Editorial oversight was provided by Jim Fitzger- ald (Parts 1–4) and Joanna Whiteman (Part 5), Co-Directors at the Trust . The Trust was greatly assisted throughout this project by Sverdlovsk regional non-gov- ernmental organization “Sutyajnik” and by Dr Anton Burkov in particular . The Trust also wishes to extend its thanks to a number of expert lawyers who provided advice in relation to strategic litigation for the purposes of Part 5 of the Guide, including in particular Dr Dmi- tri Bartenev and Professor Bill Bowring . The Trust also thanks Istvan Fenyvesi for the design and layout of the Guide, Anna Zhovtis for translation, Elliot Hatt and Zoe Chan for proofreading and Clare Lunzer for overseeing the publication of the Guide . Acronyms ADC Memorial Anti-Discrimination Centre Memorial CAT Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment CAT Committee Committee against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment CEDAW Convention on the Elimination of All Forms of Discrimination against Women CEDAW Committee Committee on the Elimination of Discrimination against Women CESCR Committee on Economic, Social and Cultural Rights CERD Committee on the Elimination of Racial Discrimination CPRD Convention on the Rights of Persons with Disabilities CRPD Committee Committee on the Convention on the Rights of Persons with Disabilities CRC Convention on the Rights of the Child CRC Committee Committee on the Rights of the Child ECHR European Convention on Human Rights ECtHR European Court of Human Rights EU European Union HIV Human Immunodeficiency Virus HRC Human Rights Committee IBA International Bar Association ICCPR International Covenant on Civil and Political Rights ICERD International Convention on the Elimination of All Forms of Racial Discrimination ICESCR International Covenant on Economic, Social and Cultural Rights ILGA International Lesbian, Gay, Bisexual, Trans and Intersex Association ILO International Labour Organisation LGBT Lesbian, gay, bisexual and transgender LGBT+ Lesbian, gay, bisexual, transgender and persons of all other sexuali- ties and genders, such as those who are intersex or asexual LGBTI Lesbian, gay, bisexual, transgender and intersex NGO Non-governmental organisation OHCHR Office of the High Commissioner for Human Rights OSCE Organization for Security and Co-operation in Europe SOGI Sexual orientation and gender identity UDHR Universal Declaration of Human Rights UN United Nations WHO World Health Organization Introduction The Purpose of this Guide This Guide is designed to support Russian lawyers to provide best practice information and legal advice to victims of discrimination, and to ensure that such individuals have equal access to justice . It aims to provide a user-friendly summary on the domestic, regional and international laws relating to discrimination and equality together with relevant jurisprudence, with a particular focus on discrimination against women, racial minorities, ethnic minorities, reli- gious minorities, persons with disabilities and LGBT+ persons . It also sets out practical con- siderations for strategic litigation . Our approach to supporting lawyers to provide best practice legal advice and information for victims of discrimination is based on increasing understanding of five key areas of knowledge: 1 . The experience of groups facing discrimination in Russia; 2 . The rights to equality and non-discrimination; 3 . Laws that protect equality and non-discrimination under domestic law, regional law and international law; 4 . Key human rights issues that affect groups facing discrimination in Russia; and 5 . Effective legal strategies for ensuring access to justice, including by way of strategic liti- gation, for victims of discrimination on specific issues . This Guide is arranged around this structure . We hope that you will become familiar with the following topics under each area of knowledge . 1. The experience of groups facing discrimination in Russia • Discrimination on the grounds of sex • Discrimination against religious minorities • Discrimination against racial and ethnic minorities • Discrimination against persons with disabilities • Discrimination against LGBT+ persons 2. The rights to equality and non-discrimination • The rights to equality and non-discrimination • Who is protected from discrimination? • What are they protected from? The difference between direct and indirect discrimi- nation • Who owes obligations under anti-discrimination law? • In respect of which activities do they owe those obligations? 1 Introduction 3. Equality and non-discrimination under domestic law, regional law and interna- tional law • Russian laws that can be used to protect against discrimination, including weak- nesses of the current framework . • Regional and international legal mechanisms that can be used to address discrimi- nation and related violations of human rights affecting women, religious minorities, racial and ethnic minorities, persons with disabilities and LGBT+ persons . • Practical considerations when using regional and international law, such as scope, admissibility and remedies . 4. Key human rights issues that affect groups facing discrimination in Russia • Discriminatory violence . • Freedom of expression, including anti-propaganda laws and hate speech . • Freedom of assembly and association, including protest rights, ability to attend pub- lic meetings and events . • Right to respect for private and family life . • Right to work . • Right to healthcare . • Right to education . • Right to participation in political and public life . • Discrimination by the state and its agents . 5. Legal strategies for ensuring access to justice for victims of discrimination • Strengths and weaknesses of domestic, regional and international mechanisms . • Practical considerations for strategic litigation . 2 Part One: Experience of Groups Exposed to Discrimination in Russia In the Russian Federation, various social groups are subjected to discrimination at the hands of both state and private actors . As will be demonstrated in this Guide, particular groups face increasing discrimination in various areas of life as a result of repressive laws, policies and state authority practices . Sex discrimination in Russia takes a wide range of different forms, many of which are severe . Discrimination on the grounds of sex mainly affects women and encompasses dis- crimination in the labour market, where, for example, women are excluded from certain professions;1 discrimination in political and public life, as evidenced by the low participa- tion rates of women in decision making roles;2 and with respect to access to healthcare, where, for example, state policies make access to abortion difficult 3. At its most severe, discrimination against women encompasses violence leading to injury and death 4. Sex discrimination is reported across Russian society as a whole, and particular types of dis- crimination, including gender-based violence, are reported in specific regions,
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