LGBTQ rights in Russia

• 1. Decriminalization And Recriminalization

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  In December 1917, the Russian Soviet Republic decriminalized homosexuality following the October Revolution. The Bolshevik government rewrote the constitution and produced two Criminal Codes in 1922 and 1926 without including an article prohibiting homosexual sex. This legal change made Russia one of the first countries to legalize same-sex relations between men. However, the situation changed drastically under Joseph Stalin. In March 1934, the Soviet Union recriminalized sex between men by adding Article 154-a to the Soviet Criminal Code. This new law punished consensual sexual activity between men with three to five years' imprisonment. The revised criminal code of 1961 continued this classification, moving it to Article 121 and setting a maximum penalty of five years for consensual sex. Western observers estimated that between 800 and 1000 men were imprisoned per year under Article 121 during the Soviet era. After the dissolution of the Soviet Union, homosexual acts between consenting males were re-legalized in 1993. This process removed Article 121 from the RSFSR Penal Code. Women had never been criminalized for same-sex relations in Russia.

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• 2. Regional Bans And Federal Laws

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  Since 2006, regions in Russia enacted laws restricting materials promoting LGBTQ relationships to minors. Ten Russian regions passed these bans between 2006 and 2013. Ryazan Oblast led the way in 2006, followed by Arkhangelsk Oblast in 2011. Saint Petersburg and Kostroma Oblast both passed similar measures in 2012. Magadan Oblast, Novosibirsk Oblast, Krasnodar Krai, Samara Oblast, and Bashkortostan all adopted regional restrictions in 2012 as well. Kaliningrad Oblast implemented its measure in February 2013. These laws prescribed administrative sanctions and fines for violations. In June 2013, a federal law criminalizing distribution among minors was enacted as an amendment to child protection legislation. The statute subjected citizens found guilty to fines up to 5,000 roubles. Public officials faced fines of up to 50,000 roubles. Organizations or businesses could be fined up to 1 million rubles and forced to cease operations for 90 days. Foreigners might face arrest and detention for up to 15 days before deportation. In December 2022, this law extended to apply to anyone regardless of age. This made any expression deemed promotion of non-traditional sexual relationships illegal across Russia.

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• 3. Chechen Purges And Detention

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  On the 1st of April 2017, the Russian-language opposition newspaper Novaya Gazeta reported allegations of systematic persecution against gay men in Chechnya. Sources within Chechen special services claimed that over 100 men had been detained and tortured since February 2017. At least three individuals died from extrajudicial killings during these events. A panel of five expert advisors to the United Nations Human Rights Council issued a report on the 13th of April 2017 condemning the wave of torture and killings. Vitit Muntarbhorn, Sètondji Roland Adjovi, Agnès Callamard, Nils Melzer, and David Kaye signed the document. The journalist who first reported on the subject went into hiding due to safety concerns. Ramzan Kadyrov, Head of the Chechen Republic, denied both the occurrence of persecution and the existence of gay men in Chechnya. He stated such people would be killed by their own families. An Organization for Security and Cooperation in Europe report released in December 2018 confirmed claims that persecution had taken place and was ignored by authorities. In March 2021, the European Union imposed economic sanctions on two Chechen officials accused of persecuting LGBTQ people.

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• 4. Transgender Healthcare Bans

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  On the 31st of May 2023, a bill to legally ban gender reassignment procedures within Russia was introduced in the State Duma. This legislation sought to annul marriages with partners who changed gender and banned affected individuals from adopting children. The bill passed its three required readings in the lower house on the 19th of July. The upper house unanimously approved the measure later that same day. President Vladimir Putin signed the bill into law on the 24th of July 2023. The enacted law prevented doctors from offering gender-affirming healthcare or sexual reassignment surgery to any individual regardless of age. Changing gender markers on official documents became prohibited under this new statute. People suffering from gender dysphoria were deprived of the right to adopt children. A marriage between a trans individual and someone sharing their birth sex was deemed null. On the 23rd of November 2024, Vladimir Putin signed an amendment banning citizens and permanent residents of countries where gender transitioning is legal from adopting Russian children. In January 2024, reports emerged that Russia's MVD began bringing transgender people for questioning about their medical certificates and committee approvals.

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• 5. State-Sanctioned Violence And Hate Crimes

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  Between 2013 and 2018, hate crimes against LGBTQ people tripled following the introduction of discriminatory legislation. Research identified 1056 hate crimes committed against 853 individuals between 2010 and 2020, resulting in 365 fatalities. These incidents included violent attacks, murders, threats, property destruction, and robberies. Sixty-seven percent of hate crime incidents showed indications of extreme violence after 2013. Organized hate groups like Occupy Pedophilia became active in the aftermath of the gay propaganda law. This group launched by Maxim Martsinkevich operated in 40 regions of Russia at its peak. Between 2010 and 2020, research identified 205 cases of hate crimes committed by various homophobic hate groups. The number of such cases grew from 2 in 2010 to 38 in 2014. On the 9th of May 2013, a 23-year-old man was found tortured and murdered in Volgograd by three males stating anti-homosexual motivations. On the 29th of May 2013, Oleg Serdyuk, deputy director of Kamchatka airport, was found beaten and stabbed in his burned-out car. Local authorities said the murder was motivated by homophobia.

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• 6. International Condemnation And Boycotts

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  The Office of the United Nations High Commissioner for Human Rights condemned Russian statutes as discriminatory violations of international human rights law. The European Parliament criticized Russia for homophobic discrimination and censorship. In 2012, the UN Human Rights Committee ruled that a similar statute in Ryazan Region infringed on freedom of expression. Some members of the gay community commenced boycotts of Russian goods, particularly vodka. Western celebrities encouraged boycotts of Russian products and the 2014 Winter Olympic Games unless relocated. United States President Barack Obama stated he did not favor boycotting Sochi but expressed offense at anti-gay legislation. He met with Russian gay rights activists during a G-20 meeting in St. Petersburg in September 2013. German Chancellor Angela Merkel, British Prime Minister David Cameron, Australian Foreign Minister Bob Carr, Canadian Prime Minister Stephen Harper, and Foreign Affairs Minister John Baird all condemned the laws. Activists painted pedestrian pavement in front of the Russian Embassy in Finland with rainbow colors to protest these policies. Similar activism occurred in Sweden. The European Court of Human Rights had previously fined Russia for other infringements of LGBTQ rights before Russia left the court in 2022.

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