STRATEGIC LITIGATION: DEFENDING RIGHTS OF LGBT PEOPLE LITIGATION: STRATEGIC STRATEGIC LITIGATION: DEFENDING RIGHTS OF LGBT PEOPLE Second edition (2016 – 2019), «Coming Out» LGBT-group COMINGOUTSPB.COM “COMING OUT” LGBT INITIATIVE GROUP Since 2008 “Coming Out” works in St. Petersburg to support LGBT communities and contribute to building the movement for equal rights. We provide free psychological and legal support to LGBT and their loved ones, and carry out educational activities, we hold meetings, organize seminars and round tables, produce informational materials about LGBTIQ and related topics, monitor and document discrimination on the basis of sexual orientation, gender identity, and gender expression, and organize cultural events in St. Petersburg, creating a platform for dialogue between various parts of society. IF YOU NEED FREE COUNSELLING: Sign up using: • The site form: www.comingoutspb.com/poluchitkonsultatsiyu • E-mail us: [email protected] • Сall: +7 (812) 242 54 69 IF YOU NEED LEGAL ADVICE Оn cases related to violation of LGBTIQ rights (sexual orientation or gender identity issues): Sign up using: • The site form: www.comingoutspb.com/poluchitkonsultatsiyu • E-mail: [email protected] • Сall: +7 (812) 242 54 69 и +7 (950) 020 39 60 IF YOU ARE A TRANSGENDER PERSON And you need a peer-based support from other transgender people or activists of Trans*Mission Group, or you need legal advice on changing documents, or you have faced discrimination: • E-mail: [email protected] YOU CAN CHECK OTHER PROGRAMS OF COMING OUT AND SEE OUR ACTIVITIES HERE: www.comingoutspb.com www.vk.com/comingoutspb www.facebook.com/comingoutspb www.instagram.com/comingoutspb/ INTRODUCTION 5 CHAPTER 1 HATE CRIMES 15 CHAPTER 2 HATE SPEECH 31 CHAPTER 3 THE LAW BANNING “PROPAGANDA OF HOMOSEXUALITY” 41 CHAPTER 4 FREEDOM OF ASSEMBLY 55 CHAPTER 5 LABOR DISCRIMINATION 65 CHAPTER 6 LEGAL GENDER RECOGNITION 71 CHAPTER 7 DISCRIMINATION IN THE PRIVATE SPHERE 79 CHAPTER 8 FAKE DATES 87 May Day Demonstration 2014 Photo: Wikipedia INTRODUCTION Strategic Litigation: defending rights of LGBT People We live in a world where every person is valuable. Peo- LGBT people are subject to restrictions in expressing ple may have different ideas about life, society systems or their opinions and having public events. LGBT people, functioning of the state. especially transgender people, are discriminated against in the exercise of labor rights, in healthcare, education However, while living in society, we need to reckon with and social services. Some people refuse to sell goods interests of other people. The modern world is divided into and services to transgender people, only because they states that have committed to respect human rights and may appear different. freedoms - principles that ensure the dignity and equality of every single person, regardless of how he or she differs At the heart of these restrictions for LGBT people is stigma, from others. These are the guarantees that allow us to live which always leads to discrimination based on sexual peacefully and to remain human in any situation. orientation and gender identity. And stigmatization entails a high level of physical and mental violence. The movement for equal rights for all people, regardless of their sexual orientation and gender identity, is being This attitude is unfair, which is why it is necessary to use actively developed. Its goal is to achieve genuine equali- current legal and advocacy mechanisms and also create ty for lesbians, homosexuals, bisexuals and transgender new ones. They will allow LGBT* people to gain access to people, with cisgender heterosexual people and the opportunities that other people have. And it’s good to do the opportunities they enjoy. The movement’s focus it with allies and change our lives together. Human rights is understanding that all people, even if they are differ- are both a value ​​and a practical tool that allows LGBT* ent from each other, are first of all people, and therefore people to qualitatively change the situation, the laws and they cannot be subject to restrictions just because they practice of their application, to achieve equal opportunities are different. This is the basis of the modern concept of with other people based on human dignity and equality. human rights. This idea is simple and understandable, but is not fully implemented. The pursuit of this idea al- I believe that sooner or later all people will have equal lows everyone to feel like a real member of society, en- opportunities, regardless of their sexual orientation joying full rights. and gender identity. The path to this goal is thorny and requires much effort and time, but the result is worth Despite the fact that discrimination is prohibited in pursuing, because it means equal opportunities for all. Russia by law, today we can see that law and its prac- tice prove LGBT people don’t have the same rights as the other people do. LGBT people have the right to life and personal liberty, but there are hate crimes and murders that are not always effectively investigated. Physical violence in the street or at home, emerging from homo/bi/ transphobia is a a common phenomenon that many representatives of LGBT community experience through their lives. Homosexual people create families, but by virtue of law they cannot register marriage and openly raise children together or exercise parental rights. They don’t have the same legal guarantees of family life as heterosexual people, such as: the right to see their partner in inten- sive care and be close to them, to inherit and to receive social support. 6 ЛГБТ-инициативная группа «Выход» Introduction The Strategic Litigation About the story of Program in Coming Out “Strategic Litigation” Since 2008 “Coming Out” LGBT group works for univer- The creation of the program was a big step in the devel- sal recognition by the society and the state of human opment of legal field of Coming Out. This was the first dignity and equal rights of every single person, regard- program of a local LGBT group that sought to implement less of their sexual orientation and / or gender identity the rights and freedoms of LGBT people as understood in St. Petersburg. by international human rights bodies through litigation at the local level on the basis of Russia’s international In 2012 Coming Out created The Strategic Litigation obligations. Program and its purpose is to change the practice of applying laws so that they could protect LGBT people Such understanding is a human rights standard that does from violence and discrimination using strategic litigation; not depend on political, economic and social conditions to achieve positive examples of protecting the rights of in a particular state and guarantees everyone equal rights LGBT people in modern conditions and inspire the LGBT and freedoms without any discriminatory approach. community to use legal mechanisms to protect their rights. From 2012 to 2015 we focused on issues such as hate The results of the program for 2012-2015 are described crimes and hate speech, laws banning so-called “pro- in the brochure «Strategic Litigation as a Method for paganda of homosexualism” freedom of assembly, la- Protection and Promotion of LGBT Human Rights: bor discrimination and changing documents for trans- “Coming Out” LGBT Group experience in St. Petersburg gender people. (2012-2015). (note: see comingoutspb.com, section “Publications” – “Human Rights”). These areas of work have been supplemented by topics of discrimination in private sphere and fake date cases during The brochure in your hands summarizes the experience of recent years. The later became a new direction of legal strategic litigation in defense of LGBT rights in St. Peters- work of Coming Out burg from 2016 to the first 6 months of 2019 and introduc- es LGBT-activists, partners and all those interested to the approaches of the Strategic Litigation program. 7 Strategic Litigation: defending rights of LGBT People As we reflect on a busy year of advocacy, I wish to first congratulate you all for the challenging and vital work that your organisation carried out this past year in advancing the rights and voices of lesbian, gay, bisexual and trans and gender diverse persons in Russia. As the U.N.’s independent expert tasked with achieving the eradication of violence and discrimination on the basis of sexual orientation and gender identity, I am keenly aware of the challenges faced by activists working to ensure that the human rights of LGBT persons are respected by all states. Access to justice and strategic litigation remain the flagship in the fleet of initiatives to safeguard the rights of LGBT persons. As evidenced by the recent landmark rulings in India, Zimbabwe, and Trinidad and Tobago, cases which may at first seem far-fetched and impossible to win, can sometimes wield powerful and breathtaking victories for the LGBT community. At the end of the day (or we could say “at any moment of the day”), the responsibility to eradicate violence and discrimination lies with the state. Of course, when these portions of government do not take such steps, strategic litigation often becomes one of the few conduits for seeking redress. Litigation has the power to not only “right the wrong” experi- enced by brave and resilient individuals willing to bring their cases to public trial, but also for the broader LGBT community where countless members have likely experienced similar scenarios without legal intervention. Through media attention, academic discourse, and popular discussions created by litiga- tion, Coming Out is providing both a framework and foundation which future LGBT activists in Russia can build upon for generations to come. Your work is seen, it is appreciated, and it is encouraged, and you have the support of an international community that also takes inspiration in your excellence and your dedication.