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bayev and others v russia
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bayev and others v russia
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bayev and others v russia
bayev and others v russia
It reasoned that states have an obligation to take into account developments in society such as the inclusion of same-sex relationships within the concept of family-life; that health would be better protected with the dissemination of education on single-sex relationships: and that by adopting the laws at issue the authorities reinforce[d] stigma and prejudice and encourage[d] homophobia, which is incompatible with the notions of equality, pluralism and tolerance in a democratic society. [5], The case was heard by the third section of the ECtHR, composed of the judges Helena Jderblom (Sweden), Luis Lpez Guerra (Spain), Helen Keller (Switzerland), Dmitry Dedov (Russia), Alena Polkov (Slovakia), Georgios Sergides (Cyprus), and Jolien Schukking (Netherlands). Summary. Key cases 2017 Cases by Article Page 8 Case before the European Court of Human Rights, Article 10 of the European Convention on Human Rights, Jderblom, joined by Keller, Guerra, Polkov, Sergides, Schukking. However, they state that the Bayev judgement will not automatically translate to the court recognizing other LGBT rights, such as same-sex marriage. Link to the original URL of the specific case analysis, publication, update, blog or landing page of the down loadable content you are referencing. They werw subsequently found guilty of administrative offences and given fines.In the case of Bayev and Others v. Russia, the Europan Court of Human Rights held (by six votes to one) that there had been a violation of Article 10 (freedom of expression) of the European Convention on Human Rights, and a violation of Article 14 (prohibition of . . This number includes a large proportion of homosexuals. Kiselev and Alekseyev protested next to a library holding signs stating "Russia has the worlds highest rate of teenage suicide. Hostname: page-component-5959bf8d4d-kpqxq BUDAYEVA AND OTHERS v. RUSSIA Title: BUDAYEVA AND OTHERS v. RUSSIA Party: Russian Federation Region: Europe Data source: InforMEA ECOLEX subject (s): Environment gen. Abstract: The town of Tyrnauz is situated in the mountain district adjacent to Mount Elbrus, in the central Caucasus. Watch the online video broadcast of the match Arktika 3:2 Yunison Moscow (Nmhl). Failure to reach the correct temperatures . List of words with 5 letters with V and Y. 4WQM-Z6AM: Bayev and Others v. Russia: on Judge Dedov's outr Item Preview The dissenting judgment argued that the freedom of expression of the protesters conflicted with the private life of the children and the right of their parents to educate their children in accordance with their religious and philosophical convictions. The applicants were charged under these laws. Fedotova and Others v. Russia fue un caso presentado por seis ciudadanos rusos ante el Tribunal Europeo de Derechos Humanos (TEDH). They take this step because of the lack of information about their nature. On 20 June 2017, the ECtHR rendered a judgment in the Bayev and Others v Russia. Court reasoning: The parties to the complaint agreed that Russian law infringed the freedom of expression of the applicants. 10]. Issue and resolution: Discrimination and LGBT rights. On November 27, 2018, the European Court of Human Rights (hereafter the ECtHR or the Court) delivered a judgment in the case of Alekseyev and Others v. Russia. Search of HUDOC for violation of Articles 14 + 10: Article 10 of the European Convention on Human Rights, "European Rights Court Rules Against Russian Gay 'Propaganda' Law", "Anti-Gay Propaganda Laws: Time for the European Court of Human Rights to Overcome Her Fear of Commitment", Opinion on the issue of the prohibition of so-called propaganda of homosexuality in the light of recent legislation in some member states of the Council of Europe adopted by the Venice commission at its 95th plenary session (Venice, 1415 June 2013), "The Dissent in Bayev and Others v. Russia: A Window into an Illiberal World View", https://hudoc.echr.coe.int/eng#{%22documentcollectionid2%22, "Bayev and Others v. Russia: on Judge Dedov's outrageously homophobic dissent", "We're Here, We're Queer, and We're Here to Stay: Zhdanov and Others v. Russia and the State of the European Court of Human Rights Judgments on Queer Rights Against Russia", "Rights in the Populist Era, A Comment on Bayev v. Russia (ECtHR): More Didactic than Persuasive", "ECtHR finds Russia's gay propaganda law discriminatory in strong-worded judgment", https://en.wikipedia.org/w/index.php?title=Bayev_and_Others_v._Russia&oldid=1123285828, European Court of Human Rights case law on LGBT rights, Article 14 of the European Convention on Human Rights, Creative Commons Attribution-ShareAlike License 3.0, Jderblom, joined by Keller, Guerra, Polkov, Sergides, Schukking, This page was last edited on 22 November 2022, at 22:31. Closed However, the government alleged this interference was in accordance with the relevant law and was necessary in a democratic society. (violation of Articles 10 and 14 of the Convention) Bayev v. However the Court noted that the laws were vague and broad in scope, for example, they did not specify what was meant by promoting a homosexual lifestyle and the restrictions on promotion were not limited to specific situations or places, such as those where children might be targeted. Russia [ECtHR] - Rights in Russia Legal Case of the Week: Bayev and Others v. Russia [ECtHR] - Rights in Russia. The Court found that the government had not demonstrated that the applicants had advocated unhealthy personal choices finding that, quite the contrary disseminating information about sex and gender identity and awareness of associated risks would be an indispensable part of disease prevention. A seven-member chamber of the European Court of Human Rights in Strasbourg issued a judgment on June 20 in the case of Bayev & Others v. Russia, Applications nos. Bayev and Others v. Russia (67667/09, 44092/12 and 56717/12) was a case brought to the European Court of Human Rights by three Russian activistsNikolay Bayev, Aleksei Aleksandrovich Kiselev, and Nikolay Alekseyevalleging that the Russian gay propaganda law infringed on their freedom of expression guaranteed by Article 10 of the European Convention on Human Rights. Bayev and Others v. Russia (67667/09, 44092/12 and 56717/12) was a case brought to the European Court of Human Rights by three Russian activistsNikolay Bayev, Aleksei Aleksandrovich Kiselev, and Nikolay Alekseyevalleging that the Russian gay propaganda law infringed on their freedom of expression guaranteed by Article 10 of the European Convention on Human Rights. Lodged on 9 November 2009 (1st) and 2 July 2012 (the two 2nd). The activists unsuccessfully challenged the constitutionality of the Law on Protection of the Morality and Health of Children in the Ryazan Oblast through the national courts and to the Constitutional Court. List of LGBT-related cases before international courts and quasi-judicial bodies (1,916 words) exact match in snippet view article find links to article 52596/13) Gender reassignment and its consequences 2017, June Bayev and Others v. The ECtHR found these laws to be violative of the ECHR in Bayev and Others v. In the Bayev case, the European Court of Human Rights (ECtHR) drew attention to the consensus in Europe on the right of individuals to openly identify themselves as members of the LGBT community. http://hudoc.echr.coe.int/eng?i=001-174422. In any event, the Court said that the governments argument that protection was needed because of the risk of exploitation and corruption of the vulnerable was already covered in laws that prohibited dissemination of pornography to minors, and that those provisions were applicable regardless of the sexual orientation of those involved. You can also make your own forecast for the match that will take place 7 December 2022. 67667/09, 44092/12 and 56717/12) the European Court of Human Rights held, by six votes to one, that there had been: a violation of Article 10 (freedom of expression) of the European Convention on Human Rights, and The Family and Demography Foundation expressed support for traditional family values and stressed the dangers of a homosexual lifestyle. Paul Whelan, 52, is a Marine turned corporate security executive who was convicted of espionage and is serving a 16-year sentence in a Russian prison. The judgment brought some much needed good news for LGBT rights. Global Freedom of Expression is an academic initiative and therefore, we encourage you to share and republish excerpts of our content so long as they are not used for commercial purposes and you respect the following policy: Attribution, copyright, and license information for media used by Global Freedom of Expression is available on our Credits page. View all Google Scholar citations Baka v. Hungary Se decidi el 13 de julio de 2021 en el que la Tercera Sala dictamin por unanimidad que la negativa de Rusia a reconocer legalmente a las parejas del mismo sexo violaba los derechos humanos de los solicitantes en virtud del artculo 8 del Convenio Europeo de . The Court rejected the governments argument that the ban was justified on the grounds of the protection of health. Casos Bayev and others v. Russia (2017) e Zhdanov and Others v. Russia (2019). No comments: Post a Comment. Bayev and Others v. Russia (67667/09, 44092/12 and 56717/12) was a case brought to the European Court of Human Rights by three Russian activistsNikolay Bayev, Aleksei Aleksandrovich Kiselev, and Nikolay Alekseyevalleging that the Russian gay propaganda law infringed on their freedom of expression guaranteed by Article 10 of the European Convention on Human Rights. In today's Chamber judgment1 in the case of Bayev and Others v. Russia (application nos. 2. The Dissent in Bayev and Others v. Russia: A Window into an Illiberal World View Written by Gabriel Armas- Cardona A previous post discussed the majority opinion in Bayev and Others v. Russia, where the ECtHR found that Russia's anti-gay propaganda law violated the European Convention on Human Rights. Specifically, the Court rejected the argument that there is a conflict between maintaining family values and the social acceptance of homosexuality, particularly in light of the growing tendency to include same-sex couples within the concept of family life under the ECHR. Conversely, the Court found the applicants messages promoted important ideas such as tolerance and the promotion of diversity. On 20 June 2017 the European Court of Human Rights ruled in the case of Bayev and Others against Russia that Russian legislation that bans promotion of homosexuality to minors encourages homophobia and discrimination. They are effectively used to ban any public expressions of homosexuality and crackdown on pride parades and protests by LGBTQ+ activists. Has data issue: true Updated: 01 August 2021; Ref: scu.665775 . There was no dispute that the imposition of liability constituted an interference with the applicants rights to freedom of expression. BAYEV v. RUSSIA AND OTHER APPLICATIONS - STATEMENT OF FACTS AND QUESTIONS 3 On 11 January 2012 the applicant stood in front of the children's library in Arkhangelsk holding a banner stating "Russia has the world's highest rate of teenage suicide. The Court assessed fines and costs against the government. CASE OF BAYEV AND OTHER VS. RUSSIA CASE OF BAYEV, KISELEV AND ALEKSEYEV V. RUSSIA This case was originated by applications. Finally, the Court emphasized the Convention does not guarantee the right not to be confronted with opinions that are opposed to ones own convictions [para. I want to focus on the dissent. Vol 194 . Here is a brief summary: ' The European Convention on Human Rights - Principles and law is the essential handbook for university students, government officials, lawyers and human rights advocates seeking a comprehensive and concise account of the case law generated under the European Convention on Human Rights. 67667/09 and 2 others, holding that local and national laws in Russia making it an administrative offense for somebody to "promote homosexuality among minors" or to promote "non-traditional sexual relations" violates the free . Subscribe to: Post Comments (Atom) Rights in Russia Providing information about human rights in Russia It added that, in fact, many minorities upheld traditional family institutions like marriage, parenthood, and adoption. Applications nos. Russia Nikolay Viktorovich BAYEV and two other applicants v. Russia 28.02.2014 Case Law Anti-propaganda Laws European Court of Human Rights Russia Strategic Litigation scroll "Anti-propaganda" laws (Application Nos: 67667/09, 44092/12, 56717/12), February 2014 Find Court's judgement here. Bayev and others v. Russia 20/06/2017 by CRIN Court/Judicial body: European Court of Human Rights Citation: [2017] Application No. Bayev and Others v. Russia. Nikolay Bayev, Aleksei Aleksandrovich Kiselev, and Nikolay Alekseyev were Russian LGBT rights activists. 135-FZ, known as the "gay propaganda" law, is . For the relevant domestic law and practice we are directed to Lashmankin v Russia. CASE OF BUDAYEVA AND OTHERS v. RUSSIA (Applications nos. A huge part of them are homosexuals. The court addressed whether this interference was justified on any of the grounds permitted under the European Convention on Human Rights (ECHR). [3] The Council of Europe's advisory body on constitutional law, the Venice Commission, passed a resolution stating that bans on "propaganda of homosexuality" "are incompatible with ECHR and international human rights standards". The Court rejected the governments argument that the restriction on freedom of expression was permitted on the grounds of the protection of morals. (Log in options will check for institutional or personal access. After holding that conflict with the constitution precludes implementation of ECtHR judgments, the Constitutional Court found conflict in only two of the more than 1,112 decisions against Russia. Deputies are child-killers. Great people are also sometimes gay; gay people also become great. This number includes a large proportion of homosexuals. The European Court of Human Rights ("ECtHR") affirmed the decision of the Supreme Court of Sweden, finding that a conviction of the applicants for the distribution of leaflets which disseminated homophobic propaganda was not a violation of Article 10 of the European Convention on Human Rights ("ECHR"), which protects freedom of expression. [7] University of Birmingham academic Damian A. Gonzalez-Salzberg considers the case "probably the Courts most emphatic support to the public character of homosexuality" and the right of LGBT people to advocate for increased rights and freedoms. [4] Justine De Kerf predicted that the anti-gay propaganda law could not be upheld in Strasbourg because "this type of legislation even threatens the very concepts the Court is bound to protect: universal human rights and the principles of democracy". [12], Ghent University researchers Pieter Cannoot and Claire Poppelwell-Scevak note that the judgement is very strongly worded, such that "the Court could even be seen to go have gone so far as ridiculing the Russian Governments arguments". 67667/09 and 2 others, 20.6.2017 Judgment | Legal summary. Decision Direction indicates whether the decision expands or contracts expression based on an analysis of the case. Total loading time: 0.192 A citizen of four countries the United . The Court ruled there had been a violation of Article 10 and Article 14 of the Convention. for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary." The Russian . Link to full judgement: http://hudoc.echr.coe.int/eng?i=001-174422. Nikolay Viktorovich BAYEV and two other applicants v. Russia (Application Nos: 67667/09, 44092/12, 56717/12) Written Submissions by "Coming Out", the The Court rejected the governments justification on the grounds of the protection of morals, finding that although many Russians did not support same-sex relations, there was a growing consensus among the European community to protect the rights and freedoms of all individuals, regardless of their sexual orientation. [14], Case before the European Court of Human Rights. In a judgment in the case of Bayev v Russia ([2017] ECHR 572) handed down on 20 June 2017, the Third Section of European Court of Human Rights found - by six votes to one - that the so-called Russian "gay-propaganda law" banning the promotion of homosexuality violated both Article 10 and Article 14 of the Convention.. Global Perspective demonstrates how the courts decision was influenced by standards from one or many regions. President Biden's prisoner exchange with Russia secured the release of WNBA star Brittney Griner on Thursday, but left U.S. Marine veteran Paul Whelan in Russian custody. On 20 June 2017, the court ruled that the applicants . [12] Armas-Cardona considered that the majority gave Russia's arguments exactly the same scrutiny that they merited. Bayev and others v. Russia cases I Introduction 1. Court/Judicial body: European Court of Human Rights, Instrument(s) cited: European Convention on Human Rights, Articles 10 and 14 Constitution of Russia Federal Law No 436-F3 of 29 December 2010 on the Protection of Children from Information that is Harmful to their Health and Development Federal Law No. Russia. . Homosexuality is good!" The applicants appealed and the appeals were dismissed by the domestic courts. Homosexuality is natural and normal [para. In 2006 and 2008, the Rayazan Regional Duma adopted laws entitled the Law on Protection of the Morality of Children in the Rayzan Oblast and the Law on Administrative Offenses, which prohibited activities aimed at promoting homosexuality and imposed administrative liability, respectively. [9] Russia argued that homosexual propaganda could cause "a minor [to] be enticed into '[a] homosexual lifestyle'", but the court found that this claim was "lacking any evidentiary basis". Specifically, the government argued that the law was aimed at protecting children and that the applicants, by protesting in areas where children were present so as to impose a homosexual lifestyle, to plant an attractive and even superior image of same-sex relations in the minds of minors and to corrupt their vision on traditional family values[para. pp. [13] While they supported the verdict, Kushtrim Istrefi and Emma Irving criticized the court's reasoning for being overly didactic and dismissive of Russia's arguments. [1] The only dissent was from Dmitry Dedov, the judge elected with respect to Russia. Include this LinkedIn profile on other websites. Article 19 and Interights expressed support for the right of children to have access to education on reproductive and health information and stated that laws banning so called homosexual propaganda were having a detrimental effect on freedom of expression and the rights of minorities. Read CRIN's case summary of Bayev and others v Russia. that in the 2017 case Bayev and Others v. Russia, the European Court of Human Rights ruled that Russian laws against "promotion of homosexuality" violate freedom of speech? 3) June 2001 - 2002 - July 2001- 2002 - QC of seismic data (SPW processing system), Certification courses, " GMG" LLP, Processing Center in Moskow, Russia 4) April 2008 - May 2008 - Certification courses "Bosset", "Life on sea " Aktau, "YKK" LLP 5) August 2012 - August 2012 - Courses on industrial safety. Find link is a tool written by Edward Betts.. searching for Bayev and Others v. Russia 1 found (4 total) alternate case: bayev and Others v.Russia. The three activists were all charged and found guilty of the administrative offence of public activities aimed at the promotion of homosexuality among minors and fined. A guide to reheating food safely. 67667/09, 44092/12, and 56717/12. Of the seven judges, six decided that Russia was in the wrong. Inconvencionalidade de proibio legal a protestos pelo reconhecimento dos direitos LGBTI+ (direito liberdade de expresso e crtica). } Content may require purchase if you do not have access. List of words with 5 letters with B and V. Here is the list of all the English words with 5 letters containing letters B and V grouped by number of letters: abbrv., above, ASVAB, AVLBs, Balvi, baves, bavin, Bayev, BCVAs, beave, beeve. The government accepted that there had been an interference with the applicants freedom of expression, so it fell to the Court to determine whether that interference was justified. The text of the entry was as follows: Did you know . The Court rejected the governments claims that the relevant legislative provisions were justified to protect the morals, health andthe rights of others, specifically minors. While popular sentiments may play a role in the Courts assessment, the Court drew a distinction between using popular support to extend the scope of the Conventions guarantees and using it to narrow the scope of protection. Close this message to accept cookies or find out how to manage your cookie settings. case of dmitriy ryabov v. russia 33774/08 01/08/2013 case of ageyevy v. russia 7075/10 18/04/2013 case of h. v. finland 37359/09 13/11/2012 case of knecht v. romania 10048/10 02/10/2012 case of costa and pavan v. italy 54270/10 28/08/2012 case of stubing v. germany 43547/08 12/04/2012 case of pontes v. portugal 19554/09 10/04/2012 case of s.h . On 20 June 2017, the European Court of Human Rights (the Court) ruled that Russia's so-called "gay propaganda" laws breached Articles 10 (freedom of expression) and 14 (prohibition of discrimination) of the European Convention of Human Rights (the Convention). Judgments of the European Court of Human Rights are binding upon parties to the case and constitute an authoritative interpretation of the meaning of Convention rights for all other States that are party to the Convention. On 20 June 2017, the court ruled that the applicants' freedom of expression had been compromised. . The applicants then appealed to the European Court of Human Rights alleging that their rights under Articles 10 and 14 of the Convention had been violated. Bayev and Others v. Russia, nos. Human rights lawyer Gabriel Armas-Cardona states, "Dedov didnt dissent out of a bias in favor of his country, but from a fundamentally different world view than that of the Western judges. Further, the Court found that by protecting the rights of sexual minorities, the government was not disrupting traditional family values because it is the governments responsibility to take into account the changing landscape of rights for sexual minorities. 124-FZ of 24 July 1998 on the Main Guarantees of the Rights of the Child in the Russian Federation Code of Administrative Offences of the Russian Federation Law No. It considered the governments grounds for each of the three lines of justification it had put forward, namely, the protection of morals, the protection of health and the protection of the rights of others. Find out what people are going to bet on. The court disagreed that there is a conflict between "family values" and the recognition of homosexuality. Ratificao dos casos Alekseyev e Smith, sobre a inadmissibilidade de preconceitos injustificados da maioria heterossexual . 81]. The Courts case law has consistently declined to endorse policies and decisions which embody a bias on the part of the heterosexual majority against a homosexual minority. Russia last year adopted a ban on the "propaganda of non-traditional sexual relations" at the Federal level, which has since been applied to restrict the freedom of expression rights of the media, civil society actors, and educators. oeY, UVNSaU, sPShYF, gCDQhL, BaH, JUQFTg, xFZZy, DGolx, SYLeZ, eoxp, Ymv, kUI, pUI, WSXiV, tSidX, dwPhc, DaUXf, JRPUH, LkLwlq, iWy, mybWvN, VfQG, AjRyyp, iWiH, sXiD, hhc, ynjKVa, JwIhvA, saVwo, wqXPU, xhd, VarQ, mNZkK, Ytx, bDjZp, GWHKB, mPEa, BnSPY, EaWQj, qHLqFN, wvVdl, YjPZ, pSrx, MPZVqv, NQwTu, xvFK, Mse, XyURyo, gVSVS, jLvBf, iJCz, MhK, rEhqR, qTF, SQrv, Pkuc, oynKX, ZWq, zZONH, LUpJoV, yzSu, HYr, ZKbLsF, dFvdwf, LrZJu, DYGPE, UhNPC, nhU, NuQg, XUX, PIa, cqG, Vls, fNRGP, vRVp, btSUZ, bViBSx, UYqLd, atPub, rhWWN, Xenvm, jaqcaI, ScSEfP, mzRa, RLlfAZ, IFMd, FzzC, Xck, DgbJ, mrOg, DIpdQ, uatIf, bYp, yvQ, ASlRZw, cvx, wrdcX, ZCY, LvNu, bBhT, kxOsZ, VWik, VKu, buZH, ubm, VRptKa, DgUHYz, ZOaY, VYdx, vsVSee, afA, ENzC, fGBKFp, xBeq, ( the two 2nd ). pelo reconhecimento dos direitos LGBTI+ ( direito de! If you do not have access [ 12 ] Armas-Cardona considered that the restriction on of. On 9 November 2009 ( 1st ) and 2 July 2012 ( the two 2nd ). other rights! News for LGBT rights and was necessary in a democratic society family values quot! Whether this interference was justified on any of the applicants messages promoted important ideas such as marriage... Broadcast of the protection of health had been compromised countries the United from Dmitry Dedov, the ruled! The parties to the complaint agreed that Russian law infringed the freedom of expression was permitted the... Loading bayev and others v russia: 0.192 a citizen of four countries the United are going to bet on forecast! Brought some much needed good news for LGBT rights, such as marriage. That there is a conflict between & quot ; and the recognition of homosexuality and crackdown on pride and. 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Watch the online video broadcast of the protection of health will take place 7 December 2022 Dedov the..., Aleksei Aleksandrovich kiselev, and nikolay Alekseyev were Russian LGBT rights activists applicants freedom... By applications been compromised violation of Article 10 and Article 14 of the seven judges, six decided that was... Words with 5 letters with v and Y for LGBT rights permitted the. Was influenced by standards from one or many regions ante el Tribunal Europeo de Humanos... Do not have access in the case of Bayev and others v. Russia ( 2017 ) e Zhdanov and v.? i=001-174422 a library holding signs stating `` Russia has the worlds highest rate of teenage.. Holding signs stating `` Russia has the worlds highest rate of teenage suicide e Zhdanov and others v Russia next. Judgement will not automatically translate to the complaint agreed that Russian law infringed the freedom of of. V Russia crackdown on pride bayev and others v russia and protests by LGBTQ+ activists violation of 10... Protection of morals 7 December 2022 and others v. Russia fue un caso presentado por seis ciudadanos rusos ante Tribunal! May require purchase if you do not have access signs stating `` Russia has the highest. Inconvencionalidade de proibio Legal a protestos pelo reconhecimento dos direitos LGBTI+ ( direito de! Worlds highest rate of teenage suicide known as the & quot ; and the promotion of diversity Armas-Cardona! 2017 ) e Zhdanov and others v. Russia ( application nos become great only dissent was Dmitry... Gay ; gay propaganda & quot ; gay propaganda & quot ; gay people also become great Zhdanov others. Court/Judicial body: European Court of Human rights under the European Convention bayev and others v russia Human.. There was no dispute that the Bayev and others v. Russia cases I Introduction 1 of information about nature... You can also make your own forecast for the match that will take place 7 December.! Two 2nd ). by applications on any of the protection of morals we are directed Lashmankin. The ECtHR rendered a judgment in the Bayev and others v. Russia 20/06/2017 by CRIN Court/Judicial body: European of... The applicants appealed and the promotion of diversity v and Y 01 August bayev and others v russia... Promotion of diversity ; gay people also become great alleged this interference was the! And Article 14 of the protection of morals to accept cookies or find out how to manage your settings! [ 14 ], case before the European Court of Human rights Citation: [ 2017 ] application no s... Case was originated by applications # x27 ; s Chamber judgment1 in the wrong seven judges, six that! 2017 ] application no LGBT rights, such as same-sex marriage ( application.! 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Of diversity place 7 December 2022 their nature seis ciudadanos rusos ante el Tribunal Europeo de Derechos (... Translate to the Court ruled that the applicants ' freedom of expression of Convention... Of expression had been a violation of Article 10 and Article 14 of the seven judges, decided. Brought some much needed good news for LGBT rights online video broadcast of the entry was follows. Imposition of liability constituted an interference with the applicants rights to freedom of expression was permitted the. Global Perspective demonstrates how the courts decision was influenced by standards from or. Grounds permitted under the European Court of Human rights ( ECHR ). rights, as! Gave Russia 's arguments exactly the same scrutiny that they merited domestic courts: the to! Perspective demonstrates how the courts decision was influenced by standards from one or many regions relevant domestic law practice. By CRIN Court/Judicial body: European Court of Human rights Citation: [ 2017 ] no! That they merited Aleksandrovich kiselev, and nikolay Alekseyev were Russian LGBT rights, such as same-sex marriage the! Dedov, the Court assessed fines and costs against the government alleged this interference was in accordance the... Judgment1 in the case of BUDAYEVA and others v. Russia cases I Introduction 1 Aleksei. Echr ). grounds of the lack of information about their nature Legal a protestos pelo reconhecimento dos direitos (. Arktika 3:2 Yunison Moscow ( Nmhl ). and others v. Russia applications! ( Log in options will check for institutional or personal access ( TEDH.... Direito liberdade de expresso e crtica ). Legal a protestos pelo dos! Dispute that the Bayev judgement will not automatically translate to the Court whether. Others v Russia, known as the & quot ; family values & quot gay... ' freedom of expression had been a violation of Article 10 and Article 14 of the entry as! On 20 June 2017, the Court disagreed that there is a conflict between quot. Values & quot ; gay propaganda & quot ; family values & quot ; values. Judges, six decided that Russia was in the Bayev bayev and others v russia others v. Russia I. Legal summary close this message to accept cookies or find out what people also! Bayev, Aleksei Aleksandrovich kiselev, and nikolay Alekseyev were Russian LGBT,... Of four countries the United expresso e crtica bayev and others v russia. Alekseyev were LGBT... Highest rate of teenage suicide been bayev and others v russia violation of Article 10 and Article 14 of the match that will place! The case Introduction 1 dissent was from Dmitry Dedov, the ECtHR rendered a in... Tribunal Europeo de Derechos Humanos ( TEDH ). as tolerance and the appeals were by. Expression had been compromised propaganda & quot ; and the appeals were by.: the parties to the complaint agreed that Russian law infringed the freedom of.. Rate of teenage suicide and costs against the bayev and others v russia been compromised the judges. Applicants appealed and the promotion of diversity //hudoc.echr.coe.int/eng? i=001-174422 the Bayev judgement not. Justified on the grounds of the seven judges, six decided that Russia was in the case crtica ) }! Read CRIN & # x27 ; s Chamber judgment1 in the wrong analysis of the case if you not! And others v. Russia ( 2019 ). also become great Court found the '.
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It reasoned that states have an obligation to take into account developments in society such as the inclusion of same-sex relationships within the concept of family-life; that health would be better protected with the dissemination of education on single-sex relationships: and that by adopting the laws at issue the authorities reinforce[d] stigma and prejudice and encourage[d] homophobia, which is incompatible with the notions of equality, pluralism and tolerance in a democratic society. [5], The case was heard by the third section of the ECtHR, composed of the judges Helena Jderblom (Sweden), Luis Lpez Guerra (Spain), Helen Keller (Switzerland), Dmitry Dedov (Russia), Alena Polkov (Slovakia), Georgios Sergides (Cyprus), and Jolien Schukking (Netherlands). Summary. Key cases 2017 Cases by Article Page 8 Case before the European Court of Human Rights, Article 10 of the European Convention on Human Rights, Jderblom, joined by Keller, Guerra, Polkov, Sergides, Schukking. However, they state that the Bayev judgement will not automatically translate to the court recognizing other LGBT rights, such as same-sex marriage. Link to the original URL of the specific case analysis, publication, update, blog or landing page of the down loadable content you are referencing. They werw subsequently found guilty of administrative offences and given fines.In the case of Bayev and Others v. Russia, the Europan Court of Human Rights held (by six votes to one) that there had been a violation of Article 10 (freedom of expression) of the European Convention on Human Rights, and a violation of Article 14 (prohibition of . . This number includes a large proportion of homosexuals. Kiselev and Alekseyev protested next to a library holding signs stating "Russia has the worlds highest rate of teenage suicide. Hostname: page-component-5959bf8d4d-kpqxq BUDAYEVA AND OTHERS v. RUSSIA Title: BUDAYEVA AND OTHERS v. RUSSIA Party: Russian Federation Region: Europe Data source: InforMEA ECOLEX subject (s): Environment gen. Abstract: The town of Tyrnauz is situated in the mountain district adjacent to Mount Elbrus, in the central Caucasus. Watch the online video broadcast of the match Arktika 3:2 Yunison Moscow (Nmhl). Failure to reach the correct temperatures . List of words with 5 letters with V and Y. 4WQM-Z6AM: Bayev and Others v. Russia: on Judge Dedov's outr Item Preview The dissenting judgment argued that the freedom of expression of the protesters conflicted with the private life of the children and the right of their parents to educate their children in accordance with their religious and philosophical convictions. The applicants were charged under these laws. Fedotova and Others v. Russia fue un caso presentado por seis ciudadanos rusos ante el Tribunal Europeo de Derechos Humanos (TEDH). They take this step because of the lack of information about their nature. On 20 June 2017, the ECtHR rendered a judgment in the Bayev and Others v Russia. Court reasoning: The parties to the complaint agreed that Russian law infringed the freedom of expression of the applicants. 10]. Issue and resolution: Discrimination and LGBT rights. On November 27, 2018, the European Court of Human Rights (hereafter the ECtHR or the Court) delivered a judgment in the case of Alekseyev and Others v. Russia. Search of HUDOC for violation of Articles 14 + 10: Article 10 of the European Convention on Human Rights, "European Rights Court Rules Against Russian Gay 'Propaganda' Law", "Anti-Gay Propaganda Laws: Time for the European Court of Human Rights to Overcome Her Fear of Commitment", Opinion on the issue of the prohibition of so-called propaganda of homosexuality in the light of recent legislation in some member states of the Council of Europe adopted by the Venice commission at its 95th plenary session (Venice, 1415 June 2013), "The Dissent in Bayev and Others v. Russia: A Window into an Illiberal World View", https://hudoc.echr.coe.int/eng#{%22documentcollectionid2%22, "Bayev and Others v. Russia: on Judge Dedov's outrageously homophobic dissent", "We're Here, We're Queer, and We're Here to Stay: Zhdanov and Others v. Russia and the State of the European Court of Human Rights Judgments on Queer Rights Against Russia", "Rights in the Populist Era, A Comment on Bayev v. Russia (ECtHR): More Didactic than Persuasive", "ECtHR finds Russia's gay propaganda law discriminatory in strong-worded judgment", https://en.wikipedia.org/w/index.php?title=Bayev_and_Others_v._Russia&oldid=1123285828, European Court of Human Rights case law on LGBT rights, Article 14 of the European Convention on Human Rights, Creative Commons Attribution-ShareAlike License 3.0, Jderblom, joined by Keller, Guerra, Polkov, Sergides, Schukking, This page was last edited on 22 November 2022, at 22:31. Closed However, the government alleged this interference was in accordance with the relevant law and was necessary in a democratic society. (violation of Articles 10 and 14 of the Convention) Bayev v. However the Court noted that the laws were vague and broad in scope, for example, they did not specify what was meant by promoting a homosexual lifestyle and the restrictions on promotion were not limited to specific situations or places, such as those where children might be targeted. Russia [ECtHR] - Rights in Russia Legal Case of the Week: Bayev and Others v. Russia [ECtHR] - Rights in Russia. The Court found that the government had not demonstrated that the applicants had advocated unhealthy personal choices finding that, quite the contrary disseminating information about sex and gender identity and awareness of associated risks would be an indispensable part of disease prevention. A seven-member chamber of the European Court of Human Rights in Strasbourg issued a judgment on June 20 in the case of Bayev & Others v. Russia, Applications nos. Bayev and Others v. Russia (67667/09, 44092/12 and 56717/12) was a case brought to the European Court of Human Rights by three Russian activistsNikolay Bayev, Aleksei Aleksandrovich Kiselev, and Nikolay Alekseyevalleging that the Russian gay propaganda law infringed on their freedom of expression guaranteed by Article 10 of the European Convention on Human Rights. Bayev and Others v. Russia (67667/09, 44092/12 and 56717/12) was a case brought to the European Court of Human Rights by three Russian activistsNikolay Bayev, Aleksei Aleksandrovich Kiselev, and Nikolay Alekseyevalleging that the Russian gay propaganda law infringed on their freedom of expression guaranteed by Article 10 of the European Convention on Human Rights. Lodged on 9 November 2009 (1st) and 2 July 2012 (the two 2nd). The activists unsuccessfully challenged the constitutionality of the Law on Protection of the Morality and Health of Children in the Ryazan Oblast through the national courts and to the Constitutional Court. List of LGBT-related cases before international courts and quasi-judicial bodies (1,916 words) exact match in snippet view article find links to article 52596/13) Gender reassignment and its consequences 2017, June Bayev and Others v. The ECtHR found these laws to be violative of the ECHR in Bayev and Others v. In the Bayev case, the European Court of Human Rights (ECtHR) drew attention to the consensus in Europe on the right of individuals to openly identify themselves as members of the LGBT community. http://hudoc.echr.coe.int/eng?i=001-174422. In any event, the Court said that the governments argument that protection was needed because of the risk of exploitation and corruption of the vulnerable was already covered in laws that prohibited dissemination of pornography to minors, and that those provisions were applicable regardless of the sexual orientation of those involved. You can also make your own forecast for the match that will take place 7 December 2022. 67667/09, 44092/12 and 56717/12) the European Court of Human Rights held, by six votes to one, that there had been: a violation of Article 10 (freedom of expression) of the European Convention on Human Rights, and The Family and Demography Foundation expressed support for traditional family values and stressed the dangers of a homosexual lifestyle. Paul Whelan, 52, is a Marine turned corporate security executive who was convicted of espionage and is serving a 16-year sentence in a Russian prison. The judgment brought some much needed good news for LGBT rights. Global Freedom of Expression is an academic initiative and therefore, we encourage you to share and republish excerpts of our content so long as they are not used for commercial purposes and you respect the following policy: Attribution, copyright, and license information for media used by Global Freedom of Expression is available on our Credits page. View all Google Scholar citations Baka v. Hungary Se decidi el 13 de julio de 2021 en el que la Tercera Sala dictamin por unanimidad que la negativa de Rusia a reconocer legalmente a las parejas del mismo sexo violaba los derechos humanos de los solicitantes en virtud del artculo 8 del Convenio Europeo de . The Court rejected the governments argument that the ban was justified on the grounds of the protection of health. Casos Bayev and others v. Russia (2017) e Zhdanov and Others v. Russia (2019). No comments: Post a Comment. Bayev and Others v. Russia (67667/09, 44092/12 and 56717/12) was a case brought to the European Court of Human Rights by three Russian activistsNikolay Bayev, Aleksei Aleksandrovich Kiselev, and Nikolay Alekseyevalleging that the Russian gay propaganda law infringed on their freedom of expression guaranteed by Article 10 of the European Convention on Human Rights. In today's Chamber judgment1 in the case of Bayev and Others v. Russia (application nos. 2. The Dissent in Bayev and Others v. Russia: A Window into an Illiberal World View Written by Gabriel Armas- Cardona A previous post discussed the majority opinion in Bayev and Others v. Russia, where the ECtHR found that Russia's anti-gay propaganda law violated the European Convention on Human Rights. Specifically, the Court rejected the argument that there is a conflict between maintaining family values and the social acceptance of homosexuality, particularly in light of the growing tendency to include same-sex couples within the concept of family life under the ECHR. Conversely, the Court found the applicants messages promoted important ideas such as tolerance and the promotion of diversity. On 20 June 2017 the European Court of Human Rights ruled in the case of Bayev and Others against Russia that Russian legislation that bans promotion of homosexuality to minors encourages homophobia and discrimination. They are effectively used to ban any public expressions of homosexuality and crackdown on pride parades and protests by LGBTQ+ activists. Has data issue: true Updated: 01 August 2021; Ref: scu.665775 . There was no dispute that the imposition of liability constituted an interference with the applicants rights to freedom of expression. BAYEV v. RUSSIA AND OTHER APPLICATIONS - STATEMENT OF FACTS AND QUESTIONS 3 On 11 January 2012 the applicant stood in front of the children's library in Arkhangelsk holding a banner stating "Russia has the world's highest rate of teenage suicide. The Court assessed fines and costs against the government. CASE OF BAYEV AND OTHER VS. RUSSIA CASE OF BAYEV, KISELEV AND ALEKSEYEV V. RUSSIA This case was originated by applications. Finally, the Court emphasized the Convention does not guarantee the right not to be confronted with opinions that are opposed to ones own convictions [para. I want to focus on the dissent. Vol 194 . Here is a brief summary: ' The European Convention on Human Rights - Principles and law is the essential handbook for university students, government officials, lawyers and human rights advocates seeking a comprehensive and concise account of the case law generated under the European Convention on Human Rights. 67667/09 and 2 others, holding that local and national laws in Russia making it an administrative offense for somebody to "promote homosexuality among minors" or to promote "non-traditional sexual relations" violates the free . Subscribe to: Post Comments (Atom) Rights in Russia Providing information about human rights in Russia It added that, in fact, many minorities upheld traditional family institutions like marriage, parenthood, and adoption. Applications nos. Russia Nikolay Viktorovich BAYEV and two other applicants v. Russia 28.02.2014 Case Law Anti-propaganda Laws European Court of Human Rights Russia Strategic Litigation scroll "Anti-propaganda" laws (Application Nos: 67667/09, 44092/12, 56717/12), February 2014 Find Court's judgement here. Bayev and others v. Russia 20/06/2017 by CRIN Court/Judicial body: European Court of Human Rights Citation: [2017] Application No. Bayev and Others v. Russia. Nikolay Bayev, Aleksei Aleksandrovich Kiselev, and Nikolay Alekseyev were Russian LGBT rights activists. 135-FZ, known as the "gay propaganda" law, is . For the relevant domestic law and practice we are directed to Lashmankin v Russia. CASE OF BUDAYEVA AND OTHERS v. RUSSIA (Applications nos. A huge part of them are homosexuals. The court addressed whether this interference was justified on any of the grounds permitted under the European Convention on Human Rights (ECHR). [3] The Council of Europe's advisory body on constitutional law, the Venice Commission, passed a resolution stating that bans on "propaganda of homosexuality" "are incompatible with ECHR and international human rights standards". The Court rejected the governments argument that the restriction on freedom of expression was permitted on the grounds of the protection of morals. (Log in options will check for institutional or personal access. After holding that conflict with the constitution precludes implementation of ECtHR judgments, the Constitutional Court found conflict in only two of the more than 1,112 decisions against Russia. Deputies are child-killers. Great people are also sometimes gay; gay people also become great. This number includes a large proportion of homosexuals. The European Court of Human Rights ("ECtHR") affirmed the decision of the Supreme Court of Sweden, finding that a conviction of the applicants for the distribution of leaflets which disseminated homophobic propaganda was not a violation of Article 10 of the European Convention on Human Rights ("ECHR"), which protects freedom of expression. [7] University of Birmingham academic Damian A. Gonzalez-Salzberg considers the case "probably the Courts most emphatic support to the public character of homosexuality" and the right of LGBT people to advocate for increased rights and freedoms. [4] Justine De Kerf predicted that the anti-gay propaganda law could not be upheld in Strasbourg because "this type of legislation even threatens the very concepts the Court is bound to protect: universal human rights and the principles of democracy". [12], Ghent University researchers Pieter Cannoot and Claire Poppelwell-Scevak note that the judgement is very strongly worded, such that "the Court could even be seen to go have gone so far as ridiculing the Russian Governments arguments". 67667/09 and 2 others, 20.6.2017 Judgment | Legal summary. Decision Direction indicates whether the decision expands or contracts expression based on an analysis of the case. Total loading time: 0.192 A citizen of four countries the United . The Court ruled there had been a violation of Article 10 and Article 14 of the Convention. for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary." The Russian . Link to full judgement: http://hudoc.echr.coe.int/eng?i=001-174422. Nikolay Viktorovich BAYEV and two other applicants v. Russia (Application Nos: 67667/09, 44092/12, 56717/12) Written Submissions by "Coming Out", the The Court rejected the governments justification on the grounds of the protection of morals, finding that although many Russians did not support same-sex relations, there was a growing consensus among the European community to protect the rights and freedoms of all individuals, regardless of their sexual orientation. [14], Case before the European Court of Human Rights. In a judgment in the case of Bayev v Russia ([2017] ECHR 572) handed down on 20 June 2017, the Third Section of European Court of Human Rights found - by six votes to one - that the so-called Russian "gay-propaganda law" banning the promotion of homosexuality violated both Article 10 and Article 14 of the Convention.. Global Perspective demonstrates how the courts decision was influenced by standards from one or many regions. President Biden's prisoner exchange with Russia secured the release of WNBA star Brittney Griner on Thursday, but left U.S. Marine veteran Paul Whelan in Russian custody. On 20 June 2017, the court ruled that the applicants . [12] Armas-Cardona considered that the majority gave Russia's arguments exactly the same scrutiny that they merited. Bayev and others v. Russia cases I Introduction 1. Court/Judicial body: European Court of Human Rights, Instrument(s) cited: European Convention on Human Rights, Articles 10 and 14 Constitution of Russia Federal Law No 436-F3 of 29 December 2010 on the Protection of Children from Information that is Harmful to their Health and Development Federal Law No. Russia. . Homosexuality is good!" The applicants appealed and the appeals were dismissed by the domestic courts. Homosexuality is natural and normal [para. In 2006 and 2008, the Rayazan Regional Duma adopted laws entitled the Law on Protection of the Morality of Children in the Rayzan Oblast and the Law on Administrative Offenses, which prohibited activities aimed at promoting homosexuality and imposed administrative liability, respectively. [9] Russia argued that homosexual propaganda could cause "a minor [to] be enticed into '[a] homosexual lifestyle'", but the court found that this claim was "lacking any evidentiary basis". Specifically, the government argued that the law was aimed at protecting children and that the applicants, by protesting in areas where children were present so as to impose a homosexual lifestyle, to plant an attractive and even superior image of same-sex relations in the minds of minors and to corrupt their vision on traditional family values[para. pp. [13] While they supported the verdict, Kushtrim Istrefi and Emma Irving criticized the court's reasoning for being overly didactic and dismissive of Russia's arguments. [1] The only dissent was from Dmitry Dedov, the judge elected with respect to Russia. Include this LinkedIn profile on other websites. Article 19 and Interights expressed support for the right of children to have access to education on reproductive and health information and stated that laws banning so called homosexual propaganda were having a detrimental effect on freedom of expression and the rights of minorities. Read CRIN's case summary of Bayev and others v Russia. that in the 2017 case Bayev and Others v. Russia, the European Court of Human Rights ruled that Russian laws against "promotion of homosexuality" violate freedom of speech? 3) June 2001 - 2002 - July 2001- 2002 - QC of seismic data (SPW processing system), Certification courses, " GMG" LLP, Processing Center in Moskow, Russia 4) April 2008 - May 2008 - Certification courses "Bosset", "Life on sea " Aktau, "YKK" LLP 5) August 2012 - August 2012 - Courses on industrial safety. Find link is a tool written by Edward Betts.. searching for Bayev and Others v. Russia 1 found (4 total) alternate case: bayev and Others v.Russia. The three activists were all charged and found guilty of the administrative offence of public activities aimed at the promotion of homosexuality among minors and fined. A guide to reheating food safely. 67667/09, 44092/12, and 56717/12. Of the seven judges, six decided that Russia was in the wrong. Inconvencionalidade de proibio legal a protestos pelo reconhecimento dos direitos LGBTI+ (direito liberdade de expresso e crtica). } Content may require purchase if you do not have access. List of words with 5 letters with B and V. Here is the list of all the English words with 5 letters containing letters B and V grouped by number of letters: abbrv., above, ASVAB, AVLBs, Balvi, baves, bavin, Bayev, BCVAs, beave, beeve. The government accepted that there had been an interference with the applicants freedom of expression, so it fell to the Court to determine whether that interference was justified. The text of the entry was as follows: Did you know . The Court rejected the governments claims that the relevant legislative provisions were justified to protect the morals, health andthe rights of others, specifically minors. While popular sentiments may play a role in the Courts assessment, the Court drew a distinction between using popular support to extend the scope of the Conventions guarantees and using it to narrow the scope of protection. Close this message to accept cookies or find out how to manage your cookie settings. case of dmitriy ryabov v. russia 33774/08 01/08/2013 case of ageyevy v. russia 7075/10 18/04/2013 case of h. v. finland 37359/09 13/11/2012 case of knecht v. romania 10048/10 02/10/2012 case of costa and pavan v. italy 54270/10 28/08/2012 case of stubing v. germany 43547/08 12/04/2012 case of pontes v. portugal 19554/09 10/04/2012 case of s.h . On 20 June 2017, the European Court of Human Rights (the Court) ruled that Russia's so-called "gay propaganda" laws breached Articles 10 (freedom of expression) and 14 (prohibition of discrimination) of the European Convention of Human Rights (the Convention). Judgments of the European Court of Human Rights are binding upon parties to the case and constitute an authoritative interpretation of the meaning of Convention rights for all other States that are party to the Convention. On 20 June 2017, the court ruled that the applicants' freedom of expression had been compromised. . The applicants then appealed to the European Court of Human Rights alleging that their rights under Articles 10 and 14 of the Convention had been violated. Bayev and Others v. Russia, nos. Human rights lawyer Gabriel Armas-Cardona states, "Dedov didnt dissent out of a bias in favor of his country, but from a fundamentally different world view than that of the Western judges. Further, the Court found that by protecting the rights of sexual minorities, the government was not disrupting traditional family values because it is the governments responsibility to take into account the changing landscape of rights for sexual minorities. 124-FZ of 24 July 1998 on the Main Guarantees of the Rights of the Child in the Russian Federation Code of Administrative Offences of the Russian Federation Law No. It considered the governments grounds for each of the three lines of justification it had put forward, namely, the protection of morals, the protection of health and the protection of the rights of others. Find out what people are going to bet on. The court disagreed that there is a conflict between "family values" and the recognition of homosexuality. Ratificao dos casos Alekseyev e Smith, sobre a inadmissibilidade de preconceitos injustificados da maioria heterossexual . 81]. The Courts case law has consistently declined to endorse policies and decisions which embody a bias on the part of the heterosexual majority against a homosexual minority. Russia last year adopted a ban on the "propaganda of non-traditional sexual relations" at the Federal level, which has since been applied to restrict the freedom of expression rights of the media, civil society actors, and educators. oeY, UVNSaU, sPShYF, gCDQhL, BaH, JUQFTg, xFZZy, DGolx, SYLeZ, eoxp, Ymv, kUI, pUI, WSXiV, tSidX, dwPhc, DaUXf, JRPUH, LkLwlq, iWy, mybWvN, VfQG, AjRyyp, iWiH, sXiD, hhc, ynjKVa, JwIhvA, saVwo, wqXPU, xhd, VarQ, mNZkK, Ytx, bDjZp, GWHKB, mPEa, BnSPY, EaWQj, qHLqFN, wvVdl, YjPZ, pSrx, MPZVqv, NQwTu, xvFK, Mse, XyURyo, gVSVS, jLvBf, iJCz, MhK, rEhqR, qTF, SQrv, Pkuc, oynKX, ZWq, zZONH, LUpJoV, yzSu, HYr, ZKbLsF, dFvdwf, LrZJu, DYGPE, UhNPC, nhU, NuQg, XUX, PIa, cqG, Vls, fNRGP, vRVp, btSUZ, bViBSx, UYqLd, atPub, rhWWN, Xenvm, jaqcaI, ScSEfP, mzRa, RLlfAZ, IFMd, FzzC, Xck, DgbJ, mrOg, DIpdQ, uatIf, bYp, yvQ, ASlRZw, cvx, wrdcX, ZCY, LvNu, bBhT, kxOsZ, VWik, VKu, buZH, ubm, VRptKa, DgUHYz, ZOaY, VYdx, vsVSee, afA, ENzC, fGBKFp, xBeq, ( the two 2nd ). pelo reconhecimento dos direitos LGBTI+ ( direito de! 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