Irina Fedotova is a Russian LGBT and human rights activist. She filed the case Fedotova v. Russia (1932/2010) with the United Nations Human Rights Committee to challenge the gay propaganda law in Ryazan [1] and also the case Fedotova and Others v. Russia with the European Court of Human Rights, which ruled in 2021 that Russia had violated her rights by failing to provide any recognition to her same-sex relationship. [2]
Same-sex marriage, also known as gay marriage, is the marriage of two people of the same legal sex. As of 2024, marriage between same-sex couples is legally performed and recognized in 36 countries, with a total population of 1.5 billion people. The most recent jurisdictions to legalize same-sex marriage are Greece and Aruba and Curaçao in the Netherlands. Two more countries, Liechtenstein and Thailand, are set to begin performing same-sex marriages in January 2025.
Romania does not allow same-sex marriage or civil unions. In June 2018, the European Court of Justice ruled that under certain circumstances same-sex spouses of European Union citizens should be granted a right of residency in Romania. The Constitution of Romania does not define marriage directly, but Article 48 of the Constitution defines marriages between "spouses" as the foundation of the family.
Positive obligations in human rights law denote a State's obligation to engage in an activity to secure the effective enjoyment of a fundamental right, as opposed to the classical negative obligation to merely abstain from human rights violations.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Estonia have advanced significantly over the course of the last few decades, especially since the turn of the 21st century. Among the countries which after World War II were controlled by the former Soviet Union, independent Estonia is now considered to be one of the most liberal when it comes to LGBT rights. There is a notable age gap, as younger people tend to be more tolerant and liberal, while older people tend to be more socially conservative.
Latvia has recognised civil unions since 1 July 2024. On 9 November 2023, the Saeima passed legislation establishing same-sex civil unions conferring similar rights and obligations as marriage with the exception of adoption and inheritance rights. The bill was signed into law by President Edgars Rinkēvičs in January 2024, and took effect on 1 July 2024. This followed a ruling from the Constitutional Court of Latvia on 12 November 2020 that the Latvian Constitution entitles same-sex couples to receive the same benefits and protections afforded by Latvian law to married opposite-sex couples, and gave the Saeima until 1 June 2022 to enact a law protecting same-sex couples. In December 2021, the Supreme Court ruled that should the Saeima fail to pass civil union legislation before the 1 June 2022 deadline, same-sex couples may apply to a court to have their relationship recognized. The Saeima failed to meet this deadline, and the first same-sex union was recognized by the Administrative District Court on 30 May 2022.
Lesbian, gay, bisexual, and transgender (LGBT) people in Russia face severe challenges not experienced by non-LGBT residents. Although sexual activity between consenting adults of the same sex is legal, homosexuality is disapproved of by most of the population and pro-LGBT advocacy groups are deemed "extremist" and banned. It is illegal for individuals to "promote homosexuality" and same-sex couples and households headed by same-sex couples are ineligible for the legal protections available to opposite-sex couples. Russia provides no anti-discrimination protections for LGBT people and does not have a designation for hate crimes based on sexual orientation and gender identity. Transgender people are not allowed to change their legal gender and all gender-affirming care is banned. There are currently no laws prohibiting discrimination based on gender identity or expression, and recent laws could be used to discriminate against transgender residents.
Lesbian, gay, bisexual, and transgender (LGBT) people in Armenia face legal and social challenges not experienced by non-LGBT residents, due in part to the lack of laws prohibiting discrimination on the grounds of sexual orientation and gender identity and in part to prevailing negative attitudes about LGBT persons throughout society.
Debate has occurred throughout Europe over proposals to legalise same-sex marriage as well as same-sex civil unions. Currently 33 of the 50 countries and the 8 dependent territories in Europe recognise some type of same-sex union, among them most members of the European Union (24/27). Nearly 43% of the European population lives in jurisdictions where same-sex marriage is legal.
Bulgaria does not recognize same-sex marriage or civil unions. Though these issues have been discussed frequently over the past few years, no law on the matter has passed the National Assembly. In September 2023, the European Court of Human Rights ordered the government to establish a legal framework recognizing same-sex unions.
Slovakia does not recognise same-sex marriage or civil unions. However, there is some limited legal recognition for unregistered cohabiting same-sex couples, notably with regard to inheritance rights. The Constitution of Slovakia has limited marriage to opposite-sex couples since 2014, and bills to allow same-sex civil partnerships have been introduced several times, most recently in 2023, but all have been rejected.
Russia does not recognize same-sex marriage or civil unions for same-sex couples. Since 2020, the Russian Constitution has explicitly outlawed same-sex marriage. Statutory Russian laws also contain provisions forbidding same-sex marriages.
Serbia does not recognize any form of legal recognition for same-sex couples. Same-sex marriage is banned under the Constitution of Serbia adopted in 2006. However, there have been discussions in the National Assembly to legalize civil unions.
Albania does not recognize same-sex marriages or civil unions. A bill to legalize same-sex marriage was introduced to Parliament in 2009 with the support of Prime Minister Sali Berisha, but was never put to a vote.
Moldova does not recognize same-sex marriage or civil unions. The Constitution of Moldova defines marriage as being between "a husband and a wife".
Armenia does not recognize same-sex marriage or civil unions. The legal status of foreign same-sex marriages is unclear. On 3 July 2017, the Ministry of Justice reportedly stated that all marriages performed abroad are valid in Armenia, including marriages between people of the same sex. Article 143 of the Armenian Family Code states that Armenia recognizes foreign marriages as long as they conform with the legality of the territory where they were performed and contains no explicit prohibition of same-sex marriages. On the other hand, article 152 restricts the application of foreign law incompatible with the domestic public order. As of 2023, no instances of foreign same-sex marriage registrations are known. In 2019, Minister of Justice Rustam Badasyan said that the government does not recognize same-sex marriages.
The right to sexuality incorporates the right to express one's sexuality and to be free from discrimination on the grounds of sexual orientation. Although it is equally applicable to heterosexuality, it also encompasses human rights of people of diverse sexual orientations, including lesbian, gay, asexual and bisexual people, and the protection of those rights. the inalienable nature of rights belonging to every person by virtue of being human.
Same-sex marriage is currently not recognised in the Cayman Islands. The island's statutory law limits marriage to different-sex couples. A lawsuit with the Grand Court successfully challenged this ban in March 2019; however, the Court of Appeal overturned the ruling in November 2019. Same-sex civil partnerships are legal following the enactment of the Civil Partnership Law, 2020 on 4 September 2020.
Fedotova and Others v. Russia was a case submitted by six Russian nationals to the European Court of Human Rights (ECtHR).
Bayev and Others v. Russia was a case brought to the European Court of Human Rights by three Russian activists—Nikolay Bayev, Aleksei Aleksandrovich Kiselev, and Nikolay Alekseyev—alleging that the Russian gay propaganda law infringed on their freedom of expression guaranteed by Article 10 of the European Convention on Human Rights. On 20 June 2017, the court ruled that the applicants' freedom of expression had been compromised. The only dissent was from Dmitry Dedov, the judge elected with respect to Russia.