Abstract
This study of lesbian, gay, bisexual and transgender rights in the Russian Federation uses frame analysis of civil society input into the UN Universal Periodic Review. It reveals a stark state–civil society ‘disconnect’ reflecting oppressive government practices, including Law No. 135-FZ on ‘non-traditional sexual relations’. This raises wider questions about the efficacy of the review system, not least because issues of performativity and legitimation can be seen to facilitate authoritarian resilience. This allows the ruling elite to continue to dissemble by espousing universal rights yet strategically framing them as heteronormative, integral to the protection of ‘traditional values’ and inimical to identity-based rights claims.
Highlights
Introduction to the YogyakartaPrinciples’, available at: https://yogyakartaprinciples.org/introduction/, accessed 19 September 2016.22National report submitted to the Human Rights Council Working Group on the Universal Periodic Review, in furtherance of paragraph 5 of the annex to Human Rights of Council resolution 16/21.Frame LGBT rights(Anti)-discriminationHate crimes/ ‘homo’-phobic bullying/violenceFundamental freedoms/ of opinion and expressionState example text –‘Russian law prohibits restrictions of any kind on citizens’ rights on the basis of social, racial, sexual, ethnic, linguistic, religious or any other affiliation; it is impossible for a policy of discrimination against individual groups of citizens to emerge
Hitherto this technique has not been applied to comparative state and civil society perspectives on human rights implementation in the Russian Federation, framing is pivotal to understanding rights implementation, as this involves multiple actors working across different domains such as the public and civil spheres
‘Despite the constitutional prohibition on discrimination, the work of civil society organisations working to protect the rights of sexual minorities remains imperilled in Russia’ (Russia: Submission to the UN Universal Periodic Review 16th Session of the UPR Working Group, Civicus World Alliance for Citizen Participation, nongovernmental organisations (NGOs) in General Consultative Status with ECOSOC and Citizens’ Watch and GOLOS Association (Geneva, Civicus World Alliance for Citizen Participation et al 2012, p. 4)) ‘Administrative bodies refuse to warrant official permits for LGBT-related events justifying their decisions by discriminatory judgments’ (UPR Submission (St Petersburg, Russian LGBT Network, 2012, p. 5))
Summary
Introduction to the YogyakartaPrinciples’, available at: https://yogyakartaprinciples.org/introduction/, accessed 19 September 2016.22National report submitted to the Human Rights Council Working Group on the Universal Periodic Review, in furtherance of paragraph 5 of the annex to Human Rights of Council resolution 16/21.Frame LGBT rights (generic)(Anti)-discriminationHate crimes/ ‘homo’-phobic bullying/violenceFundamental freedoms/ of opinion and expressionState example text –‘Russian law prohibits restrictions of any kind on citizens’ rights on the basis of social, racial, sexual, ethnic, linguistic, religious or any other affiliation; it is impossible for a policy of discrimination against individual groups of citizens to emerge. CSO example text ‘Despite the constitutional prohibition on discrimination, the work of civil society organisations working to protect the rights of sexual minorities remains imperilled in Russia’ General violence and violent detainments often extend to the journalists covering the event and human rights observers’ Owners of local media would not be in a position to pay fines if found guilty of violating the law’ (‘Homosexual Propaganda’ Bans in Russia: A UPR Submission by ILGAEurope, International Lesbian, Gay, Bisexual, Trans and Intersex Association (Brussels, ILGA, 2012, p. 2))
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