Anaya Nolan
Russia's anti-discrimination laws are still taking shape. While the preamble to the Constitution of the Russian Federation guarantees equality for all people of Russia, the country has been criticized for its treatment of LGBTQ+ people, migrants, religious minorities, and women. Russia has been criticized for its loosely-worded laws against extremism or terrorism, which have been used to incarcerate activists and journalists.
| Characteristics | Values |
|---|---|
| Anti-extremism legislation | Well-developed |
| Anti-discrimination laws | Starting to take shape |
| Equality | Guaranteed in the Preamble to the Constitution |
| Prohibition of discrimination | Established in Article 13(5) and Article 19(2) of the Constitution |
| Grounds for discrimination | Sex, age, religion, residence, family status, nationality |
| LGBT rights | Anti-LGBT propaganda law, foreign agents law |
| Domestic violence laws | No restraining orders, reduced funding for anti-domestic violence efforts |
| Religious freedom | Persecution of Jehovah's Witnesses, separation of "groups" and "organizations" |
| Migrant rights | Discrimination in employment and education, social protection |
| Freedom of assembly | Loosely-worded laws against "extremism" used to incarcerate activists |
| Freedom of speech | Imprisonment for journalists and artists expressing anti-war views |
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What You'll Learn
Russia's anti-discrimination laws are still taking shape
In recent years, Russia has come under international scrutiny for its treatment of LGBTQ+ individuals. Despite the decriminalization of homosexuality in 1993 and the legalization of same-sex sexual activity between consenting adults, pro-LGBTQ+ advocacy groups are deemed "extremist" and banned. Same-sex couples are not eligible for the same legal protections as opposite-sex couples, and transgender individuals face significant barriers to changing their legal gender. There are currently no laws prohibiting discrimination based on gender identity or expression, and recent legislation has been criticized for enabling discrimination against transgender people.
In addition to concerns over LGBTQ+ rights, Russia has also faced criticism for its treatment of migrants and foreign citizens. While the country has introduced laws aimed at protecting the rights and freedoms of immigrants, reports indicate that discrimination against migrants is widespread. Migrants have faced restrictions on their employment and enrollment in schools, with authorities citing national security concerns and prioritizing the employment of Russian citizens.
Furthermore, Russia has been accused of suppressing freedom of expression and association. Journalists, artists, and activists have been imprisoned on charges related to their work, such as "disseminating knowingly false information about the Armed Forces" and "justification of terrorism." The government has also targeted anti-corruption organizations and groups associated with opposition figures. Russia's laws on "foreign agents" and "undesirable organizations" have been criticized for restricting the activities of non-governmental organizations and limiting their participation in elections.
While Russia has made some strides towards guaranteeing equality and protecting the rights of its citizens, there are still areas where its anti-discrimination laws need to be strengthened. The country is facing increasing pressure from the international community to address these concerns and ensure the protection of the rights of all its citizens.
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Migrant workers face discrimination
Russia has a well-developed anti-extremism legislation framework, but its anti-discrimination laws are still taking shape. The preamble to the Constitution of the Russian Federation guarantees equality for all peoples of Russia. However, in recent years, there has been a rise in anti-immigrant sentiment, with the authorities adopting nationalist rhetoric and tightening immigration laws. This has resulted in increased discrimination against migrant workers, particularly those from Central Asia, who are often an easy target for recruitment into the military due to their young adult demographic.
While Russia has ratified numerous international human rights treaties that protect individuals against abuses such as torture, trafficking, and forced labor, migrant construction workers continue to face a range of abuses and exploitation. Human Rights Watch's research has identified pervasive issues such as passport confiscation, lack of employment contracts, wage issues, long working hours, poor living conditions, and the use or threat of violence by authorities. These workers also face challenges in legalizing their status and becoming integrated into Russian society.
To address these issues, Human Rights Watch has recommended that the Russian government strengthen its monitoring and enforcement of labor and migration laws. They suggest eliminating obstacles for migrant workers to legalize their stay and work in the country. Additionally, mechanisms should be put in place to allow migrant workers to file complaints regarding labor violations and abuses without fear of retaliation.
Despite some efforts to liberalize migration policies and encourage migration, Russia's dependence on migrants to bolster its economy and demographic challenges has resulted in a paradoxical situation. Migrants often find themselves in inferior social positions, facing everyday discrimination and even coercion into military service. The war in Ukraine has further complicated the situation, with migrants facing pressure to enlist and potential repercussions if arrested.
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LGBTQ+ people face legal and social challenges
LGBTQ+ people in Russia face significant legal and social challenges. Although sexual activity between consenting adults of the same sex has been legal since 1993, and transgender Russians have been allowed to change their legal gender on identity documents since 1997, there are still many obstacles and invasive surgical requirements in place. Russia has traditionally been socially conservative on LGBT rights, and a majority of Russians are against the acceptance of homosexuality. Russia provides no anti-discrimination protections for LGBTQ+ people and does not recognise hate crimes based on sexual orientation and gender identity.
In recent years, Russian authorities have routinely denied permits for Pride parades, intimidated and arrested LGBT activists, and condoned anti-LGBT statements by government officials. Russia has also passed a ""foreign agents" law that requires NGOs that receive funding from abroad. This has been used to target LGBT advocacy organisations and silence activists. There have been numerous reports of LGBT hate violence, with the police often failing to respond. LGBT Pride events in St. Petersburg and Moscow have been marked by violence and arrests.
In March 2021, Reuters reported that the European Union imposed economic sanctions on two Chechen officials accused of persecuting LGBTQ+ people in Chechnya. In February 2023, the Russian government introduced the AI program Oculus to scan the internet for illegal content, including "LGBT propaganda". Russia's Supreme Court also declared the "international LGBT movement" an extremist organisation, which could lead to criminal prosecution for acts like displaying the rainbow flag. This decision has been criticised by human rights groups as "shameful and absurd".
A survey of LGBTQ+ Russians found that they face challenges in their daily lives, including fear of discrimination at work, in schools, and at medical centres. Many respondents had faced negative consequences after being outed, and some had avoided going to the doctor due to fear of discrimination. The survey also found that 88% of respondents were affected by censorship, with 91% censoring themselves in their daily lives to avoid repression and blackmail.
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Women's rights are limited
Russia's anti-discrimination laws are still in their infancy, with the country's anti-extremism legislation being much more developed in comparison. The preamble to the Constitution of the Russian Federation guarantees equality for all people in Russia. Furthermore, Article 19(2) of the Basic Law establishes that the state shall guarantee the equality of human and civil rights and freedoms, regardless of sex, race, nationality, language, origin, financial or official status, place of residence, attitude to religion, beliefs, and membership of public associations, among other circumstances.
Despite these protections, women's rights in Russia are limited in several ways. Firstly, while women in Russia have the right to study, work, and have abortions, societal expectations and gender roles often hinder their career advancement. Russian women are often expected to prioritize motherhood and domestic duties over professional development, and certain occupations remain off-limits to them due to perceived threats to their safety and reproductive health.
Secondly, women in Russia face a significant amount of unpaid work, resulting in an estimated 40-50% loss to the annual budget due to gender segregation. This inequality affects not just women but also the children they raise, as impoverished women may struggle to afford higher education for their children, perpetuating a cycle of poverty and limiting economic mobility.
Thirdly, domestic violence, which disproportionately affects women, poses a serious threat to women's rights and physical safety in Russia. In 2017, the country decriminalized first-time domestic violence offenses that do not cause serious injury, making it even more challenging for victims to seek justice and protection. Police often fail to respond to domestic disturbance calls or refuse to criminally prosecute, placing the burden of legal action on the victims.
Lastly, while Russia has a history of female leaders and pioneers, such as Valentina Vladimirovna Tereshkova, the first woman in space, and Poliksena Shishkina-Iavein, the first female gynecologist in Russia, gender equality remains a pervasive and underreported issue. Russian women face sexual harassment, assault, and stalking, with limited legal recourse or protection. Feminism is gaining traction, with activists and organizations working to change perceptions and raise awareness about gender equality. However, they often face arrests and threats, highlighting the ongoing challenges to women's rights in Russia.
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Religious freedom is restricted
While the Russian Constitution provides for freedom of religion, and the government generally respects this right, there are several restrictions imposed on certain religious groups. The 1993 Constitution forbids the federal government from declaring a state or mandatory religion, permitting the freedom of conscience and profession of faith, and prohibiting state advocacy of the superiority of any group over another on religious grounds.
However, a clause in the Constitution permits the federal government to restrict human rights, including religious freedom, where it is deemed necessary. This has been the basis for several laws and policies that restrict the activities of religious minorities. The 1997 Law on Freedom of Conscience and Religious Associations, for instance, lists only Orthodox Christianity, Islam, Judaism, and Buddhism as traditional religions, while other religious groups face legal obstacles to registering and are seriously disadvantaged.
The Russian government has also been accused of misusing laws on extremism and terrorism to restrict the peaceful activities of religious minorities. Authorities have targeted and suppressed independent civil society members who report on freedom of religion or belief. Additionally, participating in or organizing the activities of a banned religious organization designated as extremist is punishable by hefty fines, imprisonment, and other restrictions.
Furthermore, the 2016 Yarovaya Law extends legal restrictions against extremism to include evangelism by minority faiths, further restricting the practices of religious minorities. While the Russian government has taken some steps to protect religious freedom, such as eliminating the value-added tax on religious products, the collective impact of these laws and policies restricts religious freedom for certain groups in Russia.
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Frequently asked questions
Russia has anti-extremism legislation, and its anti-discrimination laws are starting to take shape. The preamble to the Constitution of the Russian Federation guarantees equality for all peoples of Russia.
Article 13(5) of the Constitution prohibits the establishment and activity of public associations that incite social, racial, national, and religious hatred. Article 19(2) establishes that the state shall guarantee the equality of human and civil rights and freedoms, regardless of sex, race, nationality, language, origin, financial or official status, place of residence, attitude to religion, beliefs, and membership of public associations.
Yes, in 2015, President Vladimir Putin signed a law prohibiting discriminatory requirements in job descriptions. Employers are not allowed to specify requirements based on sex, age, religion, residence, family status, or nationality in their hiring processes.
Yes, the 2012 Concept of State Migration Policy includes the protection of immigrants' rights and freedoms and their social protection. It also emphasizes combating xenophobia and racial intolerance. Additionally, the Federal Law on amendments to certain legislative acts includes provisions to prevent discrimination against migrants on grounds of nationality, language, or religion.
Russia does not have comprehensive anti-discrimination laws that specifically protect LGBTQ+ individuals. While same-sex sexual activity between consenting adults is legal, pro-LGBTQ+ advocacy groups are deemed "extremist" and banned. It is illegal to "promote homosexuality," and same-sex couples do not have the same legal protections as opposite-sex couples. Transgender individuals face significant challenges, as they are not allowed to change their legal gender, and all gender-affirming care is banned.
