European Court of Human Rights has called on Russia to protect same sex unions
The European Court of Human Rights found that there was a lack of legal protections afforded to same-sex unions in Russia. The lack of protection for such unions violates the right to respect for private life that is provided by the European Convention on Human Rights. As there are no legal obstacles preventing the State of Russia from offering protections to same-sex unions the State should comply with the judgment of the Court. However, officials from the legislative and executive branches had said that Russian would not be able to comply with the judgment.
In Fedotova and others v Russia, the applicants claimed that they were discriminated against based on their sexual orientation as there was a lack of legal protection offered to them. In Russia, same-sex couples do not have legal means to protect joint property, inheritance rights, tax benefits, or rights to children of the relationship. The Russian government argued that the State cannot provide protections for same-sex unions as the majority of the population in Russia has homophobic sentiments and that Russia is concerned with protecting the traditional family. The Court rejected these arguments and said that providing legal protections for same-sex couples would not affect the rights of the traditional family.
Officials from the government further stated that Russia does not have to follow the judgment of the Court due to amendments made to its constitutions. One of these amendments provides for the protection of marriage between a man and a woman. However, this amendment does not prohibit the State from recognising or providing legal protection to other unions.