Section 6. Discrimination and Societal Abuses
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.