NEPOMNYASHCHIY AND OTHERS v. RUSSIA - 39954/09 (Judgment : Struck out of the list : Third Section) [2023] ECHR 431 (30 May 2023)

NEPOMNYASHCHIY AND OTHERS v. RUSSIA - 39954/09 (Judgment : Struck out of the list : Third Section) [2023] ECHR 431 (30 May 2023)

The domestic authorities failed to provide effective protection against homophobic statements by state officials, did not apply relevant legal provisions to the applicants' cases, and failed to strike a fair balance between the applicants' rights to private life and the officials' freedom of expression. This amounted to a violation of Articles 8 and 14 of the Convention.

Citation
[2023] ECHR 431
Parties
Applicants: Nepomnyashchiy and Others; Respondent: Russian Federation
Jurisdiction
European Union
Judgment Date
30 May 2023
Procedural Posture
Application to the European Court of Human Rights / Judgment After Full Hearing
Outcome
Violation of Article 14 in conjunction with Article 8 of the Convention
Legal Topics
Discrimination Based on Sexual Orientation, Freedom of Expression, Right to Private Life, Hate Speech, Obligations of the State, Remedies for Discrimination
Human Rights Law Anti Discrimination Law Criminal Law Civil Law Discrimination Based on Sexual Orientation Freedom of Expression Right to Private Life Hate Speech +2 more

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Parties

Nepomnyashchiy and Others

Applicants

Russian Federation

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment After Full Hearing

Legal Issues

  1. 1 Whether the Russian authorities failed to protect applicants from discrimination and hate speech by state officials against LGBTI persons
  2. 2 Whether the domestic legal framework provided effective remedies for homophobic statements by public officials
  3. 3 Whether the applicants' rights under Articles 8 and 14 of the Convention were violated

Ratio Decidendi

The domestic authorities failed to provide effective protection against homophobic statements by state officials, did not apply relevant legal provisions to the applicants' cases, and failed to strike a fair balance between the applicants' rights to private life and the officials' freedom of expression. This amounted to a violation of Articles 8 and 14 of the Convention.

Court Disposition

Violation of Article 14 in conjunction with Article 8 of the Convention

Orders

  • The Court finds a violation of Article 14 taken in conjunction with Article 8 of the Convention.
  • The Russian Federation is to provide appropriate redress to the applicants as required by Article 41 of the Convention.