Section 6. Discrimination and Societal Abuses
Rape and Domestic Violence: Rape is illegal, and the law provides the same punishment for a relative, including a spouse, who commits rape as for a nonrelative. The penalty for conviction of rape is three to six years’ imprisonment for a single offense, with additional time imposed for aggravating factors. According to NGOs, many law enforcement personnel and prosecutors did not consider spousal or acquaintance rape a priority and did not encourage reporting or prosecuting such cases. NGOs reported that local police officers sometimes refused to respond to rape or domestic violence calls unless the victim’s life was directly threatened. Authorities typically did not consider rape or attempted rape to be life threatening.
Domestic violence remained a significant problem. There is no domestic violence provision in the law and no legal definition of domestic violence, making it difficult to know its actual prevalence in the country. The law considers beatings by “close relatives” an administrative rather than a criminal offense for first-time offenders, provided the beating does not cause serious harm requiring hospital treatment. The anti-domestic-violence NGO ANNA Center estimated that 60 to 70 percent of women who experienced some form of domestic violence did not seek help due to fear, public shame, lack of financial independence from their partners, or lack of confidence in law enforcement authorities. Laws that address bodily harm are general in nature and do not permit police to initiate a criminal investigation unless the victim files a complaint. The burden of collecting evidence in such cases typically falls on the alleged victims. The law prohibits threats, assault, battery, and killing, but most acts of domestic violence did not fall within the jurisdiction of the Prosecutor’s Office. The law does not provide for protection orders, which experts believed could help keep women safe from experiencing recurrent violence by their partners.
Open Media reported in January that the government “drastically cut” funding for domestic violence initiatives in the previous year, from 16.5 million rubles ($223,000) in 2019 to two million rubles ($27,000) in 2020. During the year the government provided a grant to only one NGO of dozens of domestic violence crisis centers and legal aid organizations that sought government funding. According to Open Media, the government instead funded projects aimed at preventing divorce or promoting “Orthodox Christian traditions to strengthen families.”
In December 2020 the Ministry of Justice added the prominent women’s rights NGO Nasiliu.net – Russian for No to Violence – to the registry of “foreign agents,” a move media attributed to the organization’s support of a draft bill to recriminalize domestic violence introduced to the State Duma in 2019. Director Anna Rivina characterized the designation as a political reaction by the government and an effort to silence dissent and criticism of its stance on domestic violence, which experts said was influenced by conservative “traditional values.”
COVID-19-related stay-at-home orders and general restrictions on movement trapped many women experiencing domestic violence in the same space as their abusers. Many survivors noted they could not leave their homes due to fear of being punished for violating the stay-at-home order.
There were reports that women defending themselves from domestic violence were charged with crimes. In March authorities recognized three sisters accused of murdering their abusive father in 2018 as victims after the Investigative Committee opened a criminal case against the father on charges of sexual assault, coercion into sexual acts, and torture. Their lawyers expressed hope this “breakthrough” in the case would result in the dismissal of the sisters’ murder charges.
According to the ANNA Center, when domestic violence offenses were charged, articles under the country’s criminal law were usually applied that employed the process of private prosecution. The process of private prosecution requires the victim to gather all necessary evidence and bear all costs after the injured party or his or her guardian took the initiative to file a complaint with a magistrate judge. The NGO noted that this process severely disadvantages survivors. Experts estimated that seven of 10 such cases were dropped due to reconciliation of the parties as a result of the abuser pressuring, manipulating, and intimidating the survivor who often had to continue living in the same house.
According to NGOs, police were often unwilling to register complaints of domestic violence, saying that cases were “family matters,” frequently discouraged survivors from submitting complaints, and often pressed victims to reconcile with abusers.
Most domestic violence cases filed with authorities were either dismissed on technical grounds or transferred to a reconciliation process conducted by a justice of the peace whose focus was on preserving the family rather than punishing the perpetrator. NGOs estimated that only 3 percent of such cases eventually reached the courts. Survivors of domestic violence in the North Caucasus experienced difficulty seeking protection from authorities.
NGOs noted government-operated institutions provided services to affected women such as social apartments, hospitals wards, and shelters. Access to these services was often complicated, since they required proof of residency in that municipality, as well as proof of low-income status. In many cases these documents were controlled by the abusers and not available to survivors. A strict two-month stay limit in the shelters and limited business hours of these services further restricted survivors’ access to social services. After COVID-19-related restrictions forced many shelters to close temporarily, NGOs rented out apartments and hotels to shelter the survivors.
Female Genital Mutilation/Cutting (FGM/C): The law does not specifically prohibit FGM/C. NGOs in Dagestan reported that FGM/C was occasionally practiced in some villages. On October 23, media outlets reported that the first case of FGM/C to be prosecuted in a Russian court was likely to end without resolution due to procedural delays that extended proceedings beyond the two-year statute of limitations for the offense stipulated by law. Criminal charges of “causing minor harm to health” were brought against a doctor in Ingushetiya who performed an FGM/C operation on a nine-year-old girl at her father’s request in 2019.
Other Harmful Traditional Practices: Human rights groups reported that “honor killings” of women persisted in Chechnya, Dagestan, and elsewhere in the North Caucasus, but the cases were rarely reported or acknowledged. Local police, doctors, and lawyers often collaborated with the families involved to cover up the crimes. In some parts of the North Caucasus, women continued to face bride kidnapping, polygamy, forced marriage (including early and child marriage), legal discrimination, virginity testing before marriage, and forced adherence to Islamic dress codes. Women in the North Caucasus often lost custody of their children after the father’s death or a divorce due to traditional law that prohibits women from living in a house without a man.
Sexual Harassment: The law contains a general provision against compelling a person to perform actions of a sexual character by means of blackmail, threats, or by taking advantage of the victim’s economic or other dependence on the perpetrator. There is no legal definition of harassment, however, and no comprehensive guidelines on how it should be addressed. Sexual harassment was reportedly widespread, but courts often rejected victims’ claims due to lack of sufficient evidence.
Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities during the year, although there had been such reports in previous years.
There were significant social and cultural barriers to family planning and reproductive health in the North Caucasus republics, including cases of FGM/C.
There are no legal restrictions on access to contraceptives, but very few citizens received any kind of sexual education, hampering their use. Senior government officials and church and conservative groups in the country stridently advocated for increasing the birth rate, and their opposition to family planning initiatives contributed to a social stigma that also affected the use of contraceptives.
Access to family planning and skilled medical attendance at birth varied widely based on geography and was often extremely limited in rural areas.
According to various human rights groups, COVID-19 restrictions negatively affected accessibility for the full range of reproductive health services.
The government did not deny access to sexual and reproductive health services for survivors of sexual violence, but survivors did not always seek needed treatment due to social stigma. Emergency contraception was readily available as part of clinical management of rape in urban centers, but not necessarily in rural areas.
Discrimination: The constitution and law provide that men and women enjoy the same legal status and rights, but women often encountered significant restrictions. Women experienced discrimination in the workplace, in pay, and in access to credit. At the start of the year, the government lifted Soviet-era gender-based employment restrictions, enabling women to do approximately 350 types of jobs that had previously been forbidden, such as truck driving. The Ministry of Labor ruled 100 jobs to be especially physically taxing, including firefighting, mining, and steam boiler repair, which remained off-limits to women.
The law prohibits discrimination based on nationality, but according to a 2017 report by the UN Committee on the Elimination of Racial Discrimination, officials discriminated against minorities, including through “de facto racial profiling, targeting in particular migrants and persons from Central Asia and the Caucasus.” Activists reported that police officers often stopped individuals who looked foreign and asked them for their documents, claiming that they contained mistakes even when they were in order, and demanded bribes.
Hate crimes targeting ethnic minorities continued to be a problem. According to a 2018 report by the human rights group Antidiscrimination Center Memorial, Roma faced widespread discrimination in access to resources and basic utilities; demolitions of houses and forced evictions, including of children, often in winter; violation of the right to education (segregation of Romani children in low-quality schools); deprivation of parental rights; and other forms of structural discrimination.
During the year the government sought to repress expressions of ethnic identity, including calls for the preservation of minority languages and cultures. In February the City Court of Naberezhnye Chelny fined the writer and public figure Fauziya Bayramova for incitement to violate the territorial integrity of Russia. Bayramova was convicted after authorities reviewed the translated transcript of her speech at a scientific conference organized by the All-Tatar Public Center of Kazan in 2020 in which she had spoken of the need to preserve Tatar culture and identity. In another example, in 2019 law enforcement authorities forcibly broke up a protest in Ingushetiya against government efforts to cede disputed territory to Chechnya and detained 51 individuals on charges related to use of violence against security forces. According to Memorial, as of July, 38 individuals had been convicted in relation to the protest, including Magomed Khamkhoyev, who was sentenced to three and one-half years in prison in February. On December 15, seven leaders of the Ingushetiya protest movement were found guilty of forming an extremist group and assaulting law enforcement, and they received prison sentences ranging from seven to nine years. Memorial considered them to be political prisoners.
Birth Registration: By law citizenship derives from parents at birth or from birth within the country’s territory if the parents are unknown or if the child may not claim the parents’ citizenship. Failure to register a birth resulted in the denial of public services.
Education: Education is free and compulsory through grade 11, although regional authorities frequently denied school access to the children of persons who were not registered local residents, including Roma, asylum seekers, and migrant workers.
Child Abuse: The country does not have a law on child abuse, but the law prohibits murder, battery, and rape. The penalties for conviction of such crimes range from five to 15 years in prison and, if they result in the death of a minor, up to 20 years in prison. The law makes beatings by “close relatives” an administrative rather than a criminal offense for first-time offenders, provided the beating does not cause serious harm requiring hospital treatment, applies to children as well. Some State Duma deputies claimed that children needed discipline and authority in the family, condoning beating as a mode of discipline.
Studies indicated that violence against children was common. According to a report published in 2019 by the National Institute for Child Protection, one in four parents admitted to having beaten their children at least once with a belt.
Child, Early, and Forced Marriage: The minimum legal age for marriage is 18 for both men and women. Local authorities may authorize marriage from the age of 16 under certain circumstances. More than a dozen regions allow marriage from the age of 14 under special circumstances, such as pregnancy or the birth of a child.
Sexual Exploitation of Children: The age of consent is 16. The law prohibits the commercial sexual exploitation, sale, offering, or procuring of children for commercial sexual exploitation, and practices related to child pornography. Authorities generally enforced the law.
The law prohibits the manufacture, distribution, and possession with intent to distribute child pornography, but possession without intent to distribute is not prohibited by law. Manufacture and distribution of pornography involving children younger than 18 is punishable by two to eight years in prison or three to 10 years in prison if children younger than 14 are involved. Authorities considered child pornography to be a serious problem.
Roskomnadzor has the power to shut down any website immediately and without due process until its owners prove its content does not include child pornography.
Institutionalized Children: There were reports of neglect as well as physical and psychological abuse in state institutions for children. NGOs reported that children with disabilities were especially vulnerable to low-quality care at institutions due to a lack of resources and inadequate reforms. NGOs pointed to the closing of schools and strict stay-at-home orders during the height of COVID-19 measures as especially detrimental to at-risk children, including children in institutions. NGOs noted that many had limited access to social services and teachers or counselors.
International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.
The 2010 census estimated the Jewish population at slightly more than 150,000. The Russian Jewish Congress (RJC) estimated the Jewish population at 172,500, while the Federation of Jewish Communities estimated there were 1.5 million persons of Jewish heritage.
In the most recent data available, the RJC reported a slight decline in the level of anti-Semitic violence in 2020, compared with previous years, and reported similar downward trends in anti-Semitism in the public sphere, with only a few notable anti-Semitic posts on social media sites that caused a negative reaction among the public and journalistic community. The RJC reported, however, that limited political pressure on Jewish organizations continued in 2020. There were no reported cases of anti-Semitic attacks against the Jewish community during 2020. There was one instance in which law enforcement intervened to thwart an attempt to kill a Jewish leader that resulted in the arrest of the would-be killer. There was only one reported instance of anti-Semitic expression on state television and a small number of anti-Semitic statements and publications by journalists and in social media posts by private citizens online. By the end of 2020, the RJC reported 10 criminal sentences had been issued against individuals for statements that directly or indirectly related to anti-Semitism, with the most common sentence a fine for hate speech or “propaganda through the internet.”
See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
The law provides protection for persons with physical, sensory, intellectual, and mental disabilities, including access to education, employment, health services, information, communications, buildings, transportation, the judicial system, and other state services. The government did not enforce these provisions effectively.
The conditions of guardianship imposed by courts on persons with disabilities deprived them of almost all personal rights. Activists reported that courts declared tens of thousands of individuals “legally incompetent” due to intellectual disabilities, forcing them to go through guardians to exercise their legal rights, even when they could make decisions for themselves. Courts rarely restored legal capacity to individuals with disabilities. By law individuals with intellectual disabilities were at times prevented from marrying without a guardian’s consent.
In many cases persons with intellectual or physical disabilities were confined to institutions where they were often subjected to abuse and neglect. Roszdravnadzor, the Federal Service for Surveillance in Health Care, announced that it found abuses in 87 percent of institutions for children and adults with intellectual disabilities during a 2019 audit.
Federal law requires that buildings be accessible to persons with disabilities. While there were improvements, especially in large cities such as Moscow and St. Petersburg, authorities did not effectively enforce the law in many areas of public transportation and in buildings. Many individuals in wheelchairs reported they continued to have trouble accessing public transportation and had to rely on private cars. Wheelchair-accessible street curbs were not widely available in many regions throughout the country.
Election law does not specifically mandate that polling places be accessible to persons with disabilities, and most of them were not. Election officials generally brought mobile ballot boxes to the homes of voters with disabilities.
The government began to implement inclusive education, but many children with disabilities continued not to study in mainstream schools due to a lack of accommodations to facilitate their individual learning needs. Many schools did not have the physical infrastructure or adequately trained staff to meet the needs of children with disabilities, leaving them no choice but to stay at home or attend segregated schools. Even when children were allowed to attend a mainstream school, many staff and children lacked understanding to meet the educational needs of the child. While the law mandates inclusive education for children with disabilities, authorities generally segregated them from mainstream society through a system that institutionalized them through adulthood. Graduates of such institutions often lacked the social, educational, and vocational skills to function in society.
There appeared to be no clear standardized formal legal mechanism by which individuals could contest their assignment to a facility for persons with disabilities. The classification of children with intellectual disabilities by category of disability often followed them through their lives. The official designations “imbecile” and “idiot,” assigned by commissions that assess children with developmental delays at the age of three, signified that authorities considered the child uneducable. These designations were almost always irrevocable. The designation “weak” (having a slight cognitive or intellectual disability) followed an individual on official documents, creating barriers to employment and housing after graduation from state institutions.
HIV and AIDS Social Stigma
Persons with HIV or AIDS faced significant legal discrimination, growing informal stigma-based barriers, and employment discrimination.
In 2020 the government lifted restrictions on persons with HIV who wanted to adopt children if the adoptive parents met strict criteria, such as being on dispensary observation for at least a year and having a CD4 cell level of more than 350 cells/milliliter. Nonetheless, they also continued to face barriers to adopting children in many cases.
According to NGO activists, men who have sex with men were unlikely to seek antiretroviral treatment, since treatment exposed the fact that these individuals had the virus, while sex workers were afraid to appear in the official system due to threats from law enforcement bodies. Many individuals who injected drugs also did not seek treatment because of the country’s aggressive criminalization of illegal drugs and marginalization of users. By law foreign citizens who are HIV-positive may be deported. The law, however, bars the deportation of HIV-positive foreigners who have a Russian national or permanent resident spouse, child, or parents. Economic migrants concealed their HIV status and avoided treatment due to fear of deportation. Younger women with HIV or AIDS, in particular, faced multiple barriers to accessing treatment because of stigma, discrimination, harmful gender stereotypes, gender-based violence, and difficulty accessing critical sexual and reproductive health care.
Children with HIV faced discrimination in education. NGOs noted that many younger children with HIV faced resistance by other parents when trying to enroll in schools.
The Ministry of Justice continued to designate HIV-related NGOs as foreign agents, effectively reducing the number of organizations that could serve the community (see section 2.b., Freedom of Association).
Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity
During the year there were reports state actors committed violence against LGBTQI+ individuals based on their sexual orientation or gender identity, particularly in Chechnya (see section 1.b.).
There were reports that government agents attacked, harassed, and threatened LGBTQI+ activists. For example, Meduza reported that Dagestani police forcibly returned Khalimat Taramova, a 22-year-old woman and victim of domestic violence, to Chechnya after she escaped to a women’s shelter in Makhachkala following threats by her family and local police due to her sexual orientation. In a statement on June 12, Chechen minister Akhmed Dudayev praised law enforcement for having “foiled an attempted kidnapping” by “instigators.” On the same day, the Russian LGBT Network said it would file a complaint with the ECHR about Taramova’s abduction and expressed concern that her sexual orientation placed her at risk of further abuse in Chechnya.
LGBTQI+ persons were targets of societal violence, and police often failed to respond adequately to such incidents. For example, in March an LGBTQI+ activist from Murmansk, Valentina Likhoshva, reported to police that she had received threats after receiving an international award recognizing her contributions to social justice and human rights in the Barents region. Media outlets reported that police subsequently refused to investigate her claims, commenting that because the threats came by email, their validity could not be determined.
During the year authorities acted on a limited basis to investigate and punish those complicit in societal violence and abuses by the state. For example, on January 12, a court in Yekaterinburg sentenced Pavel Zuyev to five years in prison on robbery charges after he beat and robbed two gay men in September 2020. The court determined that Zuyev assaulted the men due to their sexual orientation and ordered him to compensate them financially for emotional damages.
In 2020 the Russian LGBT Network released a report that showed 12 percent of LGBTQI+ respondents in a survey had experienced physical violence, 4 percent had experienced sexual violence, and 56 percent had experienced psychological abuse during their lifetime. The report noted that LGBTQI+ persons faced discrimination in their place of study or work, when receiving medical services, and when searching for housing. The report also noted that transgender persons were uniquely vulnerable to discrimination and violence. The Russian LGBT Network claimed that law enforcement authorities did not always protect the rights of LGBTQI+ individuals and were sometimes the source of violence themselves. As a result, LGBTQI+ individuals had extremely low levels of trust in courts and police.
A homophobic campaign continued in state-controlled media in which officials, journalists, and others derided LGBTQI+ persons as “perverts,” “sodomites,” and “abnormal,” and conflated homosexuality with pedophilia.
There were reports police conducted involuntary physical exams of transgender or intersex persons. In April a St. Petersburg court ordered a transgender man, Innokentiy Alimov, to undergo a gynecological examination to determine his gender, on the basis of which he was transferred to a women’s detention center. Alimov was sentenced to four and one-half years in prison in a drug trafficking case and spent at least two months in a “punishment cell,” which prison authorities argued was a safer place than among the general population.
The Association of Russian-speaking Intersex reported that medical specialists often pressured intersex persons (or their parents if they were underage) into having so-called normalization surgery without providing accurate information about the procedure or what being intersex meant.
The law criminalizes the distribution of “propaganda” of “nontraditional sexual relations” to minors and effectively limits the rights of free expression and assembly for citizens who wish to advocate publicly for LGBTQI+ rights or express the opinion that homosexuality is normal. Examples of what the government considered LGBTQI+ propaganda included materials that “directly or indirectly approve of persons who are in nontraditional sexual relationships” (see section 2.a.). Authorities charged feminist and LGBTQI+ rights defender Yuliya Tsvetkova with the criminal offense of disseminating pornography online after she shared images depicting female bodies on her social media accounts. Tsvetkova’s trial began on April 12 and continued as of December.
The law does not prohibit discrimination by state or nonstate actors against LGBTQI+ persons with respect to essential goods and services such as housing, employment, or access to government services such as health care.
LGBTQI+ persons reported significant societal stigma and discrimination, which some attributed to official promotion of intolerance and homophobia. In July a large health-food retail chain, VkusVill, ran and later apologized for an ad featuring a gay couple shopping in the store, which was part of a campaign featuring shoppers who visit the chain. Media outlets reported that the initial reaction to the ad was generally positive. As responses became increasingly critical, however, the chain was accused of promoting homosexuality. Its leadership removed the ad and apologized for “hurting the feelings of a large number of buyers, employees, partners and suppliers.”
High levels of employment discrimination against LGBTQI+ persons reportedly persisted. Activists asserted that the majority of LGBTQI+ persons hid their sexual orientation or gender identity due to fear of losing their jobs or homes, as well as the risk of violence. LGBTQI+ students also reported discrimination at schools and universities.
Medical practitioners reportedly continued to limit or deny LGBTQI+ persons health services due to intolerance and prejudice. The Russian LGBT Network’s report indicated that, upon disclosing their sexual orientation or gender identity, LGBTQI+ individuals often encountered strong negative reactions and the presumption they were mentally ill. According to a poll conducted in July by the government-controlled Russian Public Opinion Research Center, 23 percent of respondents considered members of the LGBTQI+ community to be “sick people who need help,” an opinion mainly held by men and persons older than age 60.
Transgender persons faced difficulty updating their names and gender markers on government documents to reflect their gender identity because the government had not established standard procedures, and many civil registry offices denied their requests. When documents failed to reflect their gender identity, transgender persons often faced harassment by law enforcement officers and discrimination in accessing health care, education, housing, transportation, and employment.
There were reports LGBTQI+ persons also faced discrimination in parental rights. The Russian LGBT Network reported LGBTQI+ parents often feared that the country’s prohibition on the “propaganda of nontraditional sexual orientation” to minors would be used to remove custody of their children. On February 15, the ECHR inquired with Russian authorities on behalf of a transgender man who lost guardianship of his two foster children when authorities in Yekaterinburg learned that he had begun to change his gender. The man was granted asylum in Spain.
The lack of an internal passport often prevented homeless citizens from fully securing their legal rights and social services. Homeless persons faced barriers to obtaining legal documentation as well as medical insurance, without which clinics refused to treat them.