Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: Rape is illegal, and the law provides the same punishment for a relative, including the spouse, who commits rape as for a nonrelative. The penalty for 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 and sometimes charged a victim with assault if he or she harmed the alleged perpetrator in self-defense.
For example, as of December the trial of 19-year-old Darya Ageniy for criminal assault in Krasnodar region continued. In July 2018 authorities charged her for stabbing an assailant who tried to assault her sexually while she was vacationing in Tuapse the month prior. She claimed the man pressed her against a wall and attacked her; she took out a small knife and stabbed him until he let go of her, after which she fled to her hotel. Two months later police arrested her at her home in the Moscow region and took her back to Tuapse, where her attacker had filed a complaint against her for causing him “grievous bodily harm.” Although she initially faced up to 10 years in prison, her lawyer worked with investigators to reclassify her case so that she would only face one year.
Domestic violence remained a major 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 antidomestic violence NGO ANNA Center estimated that 60 to 70 percent of women suffering from some type of domestic violence do not seek help due to fear, public shame, lack of financial independence from their partner, or lack of confidence in law enforcement personnel. 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 believe could help keep women safe from experiencing recurrent violence by their partners.
There were reports that women defending themselves from domestic violence were charged with crimes. According to a Mediazona study, 80 percent of women sentenced for murder between 2016 and 2018 killed a domestic abuser in self-defense. In one case in July 2018, three teenaged sisters allegedly killed their father, Mikhail Khachaturyan, in their Moscow home. On October 1, authorities confirmed that the father had physically and sexually abused the girls for many years without any repercussions. As of December the girls remained under house arrest as they awaited their trial for murder, which prosecutors argued was premeditated. The case ignited widespread support for the sisters across the country during the year, with many persons calling for their release.
According to a Human Rights Watch report on domestic violence published in October 2018, 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 required the victim to gather all necessary evidence and bear all costs after the injured party or their guardian took the initiative to file a complaint with a magistrate judge. The NGO believed that this process severely disadvantaged survivors.
On July 9, the ECHR issued its first ruling on a domestic violence case in the country, ordering the state to pay 20,000 euros ($22,000) to Valeriya Volodina, who had filed a complaint in 2017. Volodina stated that her former boyfriend severely beat her several times, threatened to kill her, and abducted her. Volodina also claimed that police ignored numerous calls she made for authorities to investigate. In 2018 authorities agreed to charge the man with violating her privacy after he published intimate photographs of her, but the investigations never led to a trial, and Volodina changed her name and fled the country.
According to NGOs police were often unwilling to register complaints of domestic violence, often saying that cases were “family matters,” frequently discouraged victims from submitting complaints, and often pressed victims to reconcile with abusers. The majority of 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 3 percent of such cases eventually reached the courts.
A 2017 law made 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. According to official statistics released in 2018, since the law was passed, the number of reported domestic violence cases has fallen by half. NGOs working on domestic violence noted that official reporting of domestic violence decreased because the decriminalization deterred women suffering domestic violence from going to police. In contrast, an antidomestic violence hotline center noted an increase in domestic violence complaints after the 2017 amendments, which the center considered to be a direct effect of decriminalization. According to Gazeta.ru, the number of cases of women beaten by relatives or partners increased by 40 percent in 2018. Human Rights Watch identified three major impacts of the 2017 decriminalization: fostering a sense of impunity among abusers, weakening protections for victims by reducing penalties for abusers, and creating new procedural shortcomings in prosecuting domestic violence.
On November 19, in response to the ECHR’s questions on whether Russian officials acknowledged the seriousness and scale of domestic violence and discrimination against women in Russia, the Justice Ministry responded that claims about the scale of domestic violence in the country were “quite exaggerated” and these women’s claims were undermining “the efforts that the government was making to improve the situation.” The ministry added that men were more likely to suffer discrimination in the context of domestic violence because they did not ask for protection from abuse by women.
At the time of Human Rights Watch’s 2018 report, there were 434 shelter spaces nationally for women in crisis situations. NGOs noted, however, that access to shelters was often complicated, since they required proof of residency in that particular municipality, as well as proof of low-income status. In many cases these documents were controlled by the abusers and not available to victims.
Female Genital Mutilation/Cutting (FGM/C): The law does not specifically prohibit FGM/C. NGOs in Dagestan reported FGM/C was occasionally practiced in some villages, estimating that 1,240 Dagestani girls are subjected to it every year. In November 2018 Meduza reported that a private clinic in the Best Clinics network was offering FGM/C procedures to girls between ages five and 12, which the Federal Service for Health Supervision (Roszdravnadzor) later confirmed. The Best Clinics case was referred to the Investigative Committee in February.
Other Harmful Traditional Practices: Human rights groups reported that “honor killings” of women persisted in Chechnya, Dagestan, and elsewhere in the North Caucasus but were rarely reported or acknowledged. Local police, doctors, and lawyers often collaborated with the families involved to cover up the crimes. A December 2018 study by human rights defenders, the first ever conducted, found 39 cases of honor killings (36 women, three men) between 2008 and 2017 in the North Caucasus region but estimated that the real number could be much higher.
In some parts of the North Caucasus, women continued to face bride kidnapping, polygamy, forced marriage (including child marriage), legal discrimination, and forced adherence to Islamic dress codes.
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.
On September 27, the Main Directorate of the Ministry of Internal Affairs for Moscow opened an investigation into a Moscow police station after two female employees complained of sexual harassment by one of its directors. Both stated that he pressured them into intimate relationships and threatened them with career repercussions when they did not comply. One victim told journalists that when she reported the incidents to the station’s management, they told her to keep quiet and ignore them.
Coercion in Population Control: There were reports of coerced abortion or involuntary sterilization. Multiple media outlets during the year, including the Dozhd television channel on October 4 and the Izvestiya newspaper on November 7, published articles containing allegations that female residents of long-term psychiatric care facilities have been involuntarily sterilized or subjected to forced abortions. Data about the extent of the practice were not available. On April 30, a psychologist who worked with persons with disabilities in state care facilities published an account of at least two young women who were recently forced to have abortions at psychoneurological dispensary #30 in the Moscow region.
Discrimination: The constitution and law provide that men and women enjoy the same legal status and rights, but women often encountered significant restrictions, including prohibitions on their employment in 456 jobs. Although the government promised to open most of these jobs to women by 2021, the approximately 100 jobs that the Ministry of Labor has ruled especially physically taxing, including firefighting, mining, and steam boiler repair, would remain off limits.
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 cannot 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 outlaws murder, battery, and rape. The penalties for 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. A 2017 law that 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 Duma deputies claimed that children need discipline and authority in the family, condoning beating as a mode of discipline.
Studies indicated that violence against children was fairly common. According to a report published in April by the National Institute for Child Protection, one in four parents admitted to having beaten their children at least once with a belt. For example, on July 6, seven-year-old “Aisha” (not her real name) was taken to a hospital near her home in Ingushetia. She had countless bruises, bites, and burns all over her body; it turned out that her aunt, who had been her guardian for six months, had been abusing her. Aisha had to have extensive surgery to save her severely damaged arm. Her aunt was detained under the suspicion of causing grievous bodily harm to a minor.
Early and Forced Marriage: The minimum legal age for marriage is 18 for both men and women. Local authorities may authorize marriage from age 16 under certain circumstances. More than a dozen regions allow marriage from age 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 for prostitution, and practices related to child pornography. Authorities generally enforced the law. For example, on September 25, authorities arrested an Orthodox priest, Nikolay Stremskiy, who had adopted 70 children and charged him with sexual assault and debauchery. He was alleged to have sexually abused seven of the minors in his care. As of December Stremskiy remained in pretrial detention.
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 age 18 are 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.
Institutionalized Children: There were reports of neglect as well as physical, sexual, and psychological abuse in state institutions for children. Children with disabilities were especially vulnerable. For example, on October 1, media reported on the death of a 15-year-old girl from a home for children with mental disabilities in Sakhalin. A nurse admitted leaving her alone in a bathtub after turning on the hot water; the girl was scalded and later died at the hospital. Authorities opened an investigation into the nurse’s actions, and Sakhalin governor Valery Limarenko ordered an internal review of the institution.
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 president of the Federation of Jewish Communities of Russia, however, has stated that the actual Jewish population is nearly one million.
While anti-Semitism is not widespread, media reported several cases during the year. For example, on Passover eve on April 18, unidentified perpetrators drew a swastika on and set fire to the country’s largest yeshiva, located in the Moscow region. No one was injured, but a storehouse burned down.
In late August a group of Krasnodar residents entered a synagogue and interrogated a rabbi for an hour, accusing him of spreading alien religious practices. The group’s leader later announced that she would commence “partisan actions” against a Jewish community center.
Although leading experts in the Jewish community noted that anti-Semitism had decreased in recent years, some political and religious figures made anti-Semitic remarks publicly. On a visit to Jordan in August, Chechen Republic head Kadyrov allegedly told a group of ethnic Chechens that Jews were “the main enemy of Islam.” The month prior he allegedly told a group of Chechen police that Israel was a “terrorist organization.”
On April 24, the acting mayor of Lipetsk, Yevgeniy Uvarkin, answered a question at a public hearing from a local resident seeking to halt local stadium construction by wondering aloud whether the resident had a “Jewish last name.” He apologized for the remark the next day.
On May 6, presidential advisor Sergey Glazyev wrote an op-ed article in which he speculated that Ukrainian president Zelensky, along with the president of the United States and “far-right forces in Israel,” would seek to replace “Russians” in eastern Ukraine with “the inhabitants of the Promised Land tired of the permanent war in the Middle East.” On May 7, Glazyev asserted that his words were being misinterpreted.
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 often did not enforce these provisions effectively.
The conditions of guardianship imposed by courts on persons with mental disabilities deprived them of almost all personal rights. Activists reported that courts declared tens of thousands of individuals “legally incompetent” due to mental 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 mental disabilities were at times prevented from marrying without a guardian’s consent.
In many cases persons with mental or physical disabilities were confined to institutions, where they were often subjected to abuse and neglect. A June report by Nyuta Federmesser, the head of the Moscow Multidisciplinary Center for Palliative Care, compared these facilities to “gulags,” where many residents spend significant time in restraints and are denied medical care, nutrition, or stimulating environments.
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.
Election law does not specifically mandate that polling places be accessible to persons with disabilities, and the majority 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 specialized schools. For example, according to a local organization of persons with disabilities, a kindergarten in the Leningrad region refused to admit Nikita Malyshev, a child with a disability, instead directing him to a specialized school more than 30 miles from his home. His mother filed a claim against the school, and on February 12, the Supreme Court ruled that the local administration must propose a reasonable alternative that is physically close and takes the family’s needs into account if the neighborhood school cannot accommodate the child. Activists praised the ruling but questioned how municipalities intended to implement it.
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 mental disabilities by category of disability often followed them through their lives. The official designations “imbecile” and “idiot,” assigned by a commission that assesses children with developmental problems at age three, signified that authorities considered a 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.
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. On July 23, human rights activist Aleksandr Kim, a Russian citizen of Korean descent, filmed police as they stopped migrants in an underpass to check documents. One officer asked for Kim’s documents, admitting on camera that it was because he looked Asian. Kim was ultimately fined 1,000 rubles ($16) for disobeying police orders.
Hate crimes targeting ethnic minorities continued to be a problem, although the NGO SOVA Center reported that the number of such crimes declined thanks to authorities’ effectively targeting groups that promoted racist violence. As of December 2, six individuals had died and at least 33 had been injured in racially motivated attacks since the beginning of the year. One victim was an Uzbek migrant stabbed in St. Petersburg on September 16. Law enforcement bodies detained two young men from Moscow with ties to nationalist movements as the main suspects in what they have classified as a hate crime.
According to a 2017 report by the human rights group Antidiscrimination Center (ADC) Memorial, Roma faced widespread discrimination in access to resources (including water, gas, and electrical services); 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); and other forms of structural discrimination.
On June 17, a local official from the village of Chemodanovka in the Penza region admitted that authorities forcibly relocated approximately 900 Roma to the Volgograd region after a mass brawl erupted along ethnic lines on June 13, leaving one person dead and another in a coma. He subsequently retracted the comment and stated that the Roma had left the village voluntarily. On June 15, local residents burned the homes of Roma in the neighboring village of Lopatki.
The constitution and various statutes provide support for members of “small-numbered” indigenous groups of the North, Siberia, and the Far East, permitting them to create self-governing bodies and allowing them to seek compensation if economic development threatens their lands. The government granted the status of “indigenous” and its associated benefits only to those ethnic groups numbering fewer than 50,000 and maintaining their traditional way of life. A 2017 report by ADC Memorial noted the major challenges facing indigenous persons included “seizure of territories where these minorities traditionally live and maintain their households by mining and oil and gas companies; removal of self-government bodies of indigenous peoples; and repression of activists and employees of social organizations, including the fabrication of criminal cases.”
Indigenous sources reported state-sponsored harassment, including interrogations by security services, as well as employment discrimination (see section 7.d.). Such treatment was especially acute in areas where corporations wanted to exploit natural resources. By law indigenous groups have exclusive rights to their indigenous lands, but the land itself and its natural resources belong to the state. Companies are required to pay compensation to local inhabitants, but activists asserted that local authorities rarely enforced this provision. Activists stated that there was a constant conflict of interest between corporations and indigenous persons.
On November 7, a Moscow court ordered the closure of the Center for Support of Indigenous People of the North, a nearly 20-year-old indigenous advocacy group that was at the forefront of representing indigenous legal, economic, and environmental rights. The court cited incomplete paperwork as the reason for its closure, but activists called it an excuse to silence the indigenous voice that was critical of corporations and authorities.
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 rights or express the opinion that homosexuality is normal. Examples of what the government considered LGBTI propaganda included materials that “directly or indirectly approve of persons who are in nontraditional sexual relationships” (see section 2.a.). The law does not prohibit discrimination against LGBTI persons in housing or employment or in access to government services, such as health care.
During the year there were reports of state actors’ committing violence against LGBTI individuals based on their sexual orientation or gender identity, particularly in the Republic of Chechnya (see sections 1.a. and 1.c.).
There were reports government agents attacked, harassed, and threatened LGBTI activists. For example, on June 17, an LGBTI activist from Novocherkassk told media outlets that an officer from the Ministry of Internal Affairs’ Center for Combating Extremism had surveilled and harassed him in early June and then attacked him on June 14. Doctors diagnosed him with a closed head injury and concussion. When he went to file a police report, the officers allegedly laughed and joked about his situation.
Openly gay men were particular targets of societal violence, and police often failed to respond adequately to such incidents. For example, according to the Russian LGBT Network, in July police refused to reopen a criminal case into the 2017 beating of Volgograd teenager, Vlad Pogorelov, because they did not see “hatred and enmity” as the assailants’ motive. Instead, they fined each of the attackers 5,000 rubles ($78). In June 2018 Pogorelov had filed a complaint with the local prosecutor’s office against the local police decision to close a criminal investigation into the 2017 attack. Pogorelov, then 17 years old, was lured into a meeting by homophobic persons posing as gay youth on a dating website. They beat and robbed Pogorelov, who filed a police report. Police opened a criminal investigation into the attack but closed it within a month, citing the “low significance” of the attack and informing Pogorelov that police were unable to protect LGBTI persons. According to the Russian LGBT Network, the case was emblematic of authorities’ unwillingness to investigate adequately or consider homophobia as a motive in attacks on LGBTI persons.
There were reports that authorities failed to respond when credible threats of violence were made against LGBTI persons. For example, authorities failed to investigate the appearance of a website in spring 2018 called the Homophobic Game “Saw,” which called for acts of violence against specific LGBTI persons and human rights defenders. While the site was blocked several times by Roskomnadzor, it would periodically reappear under a new domain name. After the July 23 killing of LGBTI activist Yelena Grigoryeva, whose name appeared on the “Saw” list, the site was blocked again. Although police arrested a suspect on August 1 who apparently confessed to the crime, authorities gave no indication of his motive, and human rights defenders believed that investigators were pursuing the theory that the killing was unrelated to Grigoryeva’s activism for the rights of LGBTI persons. On August 4, the Ministry of Internal Affairs informed individuals who had filed a complaint about the “Saw” site that, since the site was blocked and inaccessible, they were unable to investigate its contents. On August 14, the FSB informed the individuals who filed the complaint about the site that they had examined it and found no evidence of a crime.
In April 2018 the Russian LGBT Network released a report that documented 104 incidents of physical violence, including 11 killings, towards LGBTI persons in 2016-17. The report noted the continuing trend of groups and individuals luring gay men on fake dates to beat, humiliate, and rob them. The report noted that police often claimed to have found no evidence of a crime or refused to recognize attacks on LGBTI persons as hate crimes, which impeded investigations and perpetrators’ being fully held to account. During investigations of attacks, LGBTI persons risked being outed by police to their families and colleagues. LGBTI persons often declined to report attacks against them due to fears police would mistreat them or publicize their sexual orientation or gender identity.
There were reports that police conducted involuntary physical exams of transgender or intersex persons. For example, according to press reports, on May 1, police in Makhachkala, Dagestan, arrested Olga Moskvitina, who is intersex, at a protest. When police discovered that she was marked as male in her passport, she was forced to strip to the waist so that officers could examine her and was questioned about her genitals. She was reportedly humiliated and threatened by the officers. On May 1, her personal identifying information was published on social networks along with threats against her, which Moskvitina believed was done by or with the support of local police. On May 5, Moskvitina’s landlord was reportedly visited by plainclothes officers, who pressured him to evict her from her apartment, which he did.
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 means.
The law prohibiting the “propaganda of nontraditional sexual orientations” restricted freedom of expression, association, and peaceful assembly for LGBTI persons and their supporters (see sections 2.a. and 2.b.). LGBTI persons reported significant societal stigma and discrimination, which some attributed to official promotion of intolerance and homophobia.
High levels of employment discrimination against LGBTI persons reportedly persisted (see section 7.d.) Activists asserted that the majority of LGBTI persons hid their sexual orientation or gender identity due to fear of losing their jobs or homes as well as the risk of violence.
LGBTI students, as well as those suspected of being LGBTI persons, also reported discrimination at schools and universities. Roman Krasnov, a vice rector at the Ural State University of Economics in Yekaterinburg, admitted that the institution monitored the social media accounts of its students in order to ensure that they showed proper “moral character,” which students claimed was monitoring targeted at LGBTI individuals. A student who wished to remain anonymous told media outlets in September that Krasnov threatened him with expulsion after his social media accounts showed that he might identify as LGBTI because he was sympathetic to LGBTI matters.
Medical practitioners reportedly continued to limit or deny LGBTI persons health services due to intolerance and prejudice. The Russian LGBT Network’s report indicated that, upon disclosing their sexual orientation or gender identity, LGBTI individuals often encountered strong negative reactions and the presumption they were mentally ill.
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 that LGBTI persons faced discrimination in the area of parental rights. The law does not allow for same-sex couples to adopt children together, only as individuals. The Russian LGBT Network reported that LGBTI 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. For example, Andrey Vaganov and Yevgeniy Yerofeyev fled the country in August after the Investigative Committee announced that it had opened a criminal negligence case against the officials who had allowed the adoption of their two sons. Although the couple had married in Denmark in 2016, only Vaganov had a legal relationship to the children. A statement on the Investigative Committee’s website accused the men of “promoting nontraditional relationships, giving the children distorted perceptions about family values and harming their health and their moral and spiritual development.” The state learned that the children were living with two fathers after a doctor treating one of the children reported it to police. The couple told media outlets they had no choice but to leave the country in view of the probability that their children would be removed from their home.
Persons with HIV/AIDS faced significant legal discrimination, growing informal stigma-based barriers, and employment discrimination (see section 7.d.). 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. Economic migrants also concealed their HIV status and avoided treatment due to fear of deportation. 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.
Prisoners with HIV/AIDS experienced regular abuse and denial of medical treatment and had fewer opportunities for visits with their children.
Children with HIV faced discrimination in education. For example, on April 10, a woman in the small village of Iskitim, in the Novosibirsk region, reported that local authorities refused to register her adopted six-year-old son for school because the child was HIV-positive. Staff at a local clinic had reportedly violated doctor-patient confidentiality rules and were warning other village residents about her child’s diagnosis. The family received threats demanding that they leave the village. On April 18, the local Investigative Committee opened an investigation into the violation of the child’s privacy.
Until June 2018 when the Constitutional Court deemed the practice unconstitutional, HIV-positive parents were prohibited from adopting a child. On May 3, President Putin signed a law that allowed persons with HIV to adopt children already living with them. Several lawsuits preceded this legislation, most notably one filed by an HIV-positive woman in Balashikha. Because she was unable to have children, her sister decided to carry her husband’s child through artificial insemination, giving birth in 2015. The woman planned to adopt the child, but her HIV-positive status precluded her from doing so. She filed a lawsuit and won in February, after which she was allowed to adopt the child.
The Ministry of Justice continued to designate HIV-related NGOs as foreign agents, effectively reducing the number of organizations that may serve the community (see section 2.b., Freedom of Association).
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. Media outlets reported that Moscow authorities relocated a number of homeless shelters from central areas to the city’s outskirts prior to the World Cup in 2018 and have not returned them to the original locations, although they were where the majority of homeless citizens resided.
A homophobic campaign continued in state-controlled media in which officials, journalists, and others called LGBTI persons “perverts,” “sodomites,” and “abnormal” and conflated homosexuality with pedophilia.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining
The law provides that workers may form and join independent unions, bargain collectively, and conduct legal strikes. The law prohibits antiunion discrimination, but it does not require employers to reinstate workers fired due to their union activity. The law prohibits reprisals against striking workers. Unions must register with the Federal Registration Service, often a cumbersome process that includes lengthy delays and convoluted bureaucracy. The grounds on which trade union registration may be denied are not defined and can be arbitrary or unjustified. Active members of the military, civil servants, customs workers, judges, prosecutors, and persons working under civil contracts are excluded from the right to organize. The law requires labor unions to be independent of government bodies, employers, political parties, and NGOs.
The law places several restrictions on the right to bargain collectively. For example, only one collective bargaining agreement is permitted per enterprise, and only a union or group of unions representing at least one-half the workforce may bargain collectively. The law allows workers to elect representatives if there is no union. The law does not specify who has authority to bargain collectively when there is no trade union in an enterprise.
The law prohibits strikes in the military and emergency response services. It also prohibits strikes in essential public-service sectors, including utilities and transportation, and strikes that would threaten the country’s defense, safety, and the life and health of its workers. The law also prohibits some nonessential public servants from striking and imposes compulsory arbitration for railroad, postal, and municipal workers as well as other public servants in roles other than law enforcement.
Laws regulating workers’ strikes remained extremely restrictive, making it difficult to declare a strike but easy for authorities to rule a strike illegal and punish the workers. It was also very difficult for those without a labor contract to go on a legal strike. For example, in October 2018, 99 gold miners in Kamchatka walked off their jobs at Zoloto Kamchatki to protest their poor working conditions and low pay. According to media reports, the governor urged the miners not to speak to journalists, while other miners reported threats from police. After a few weeks, the company agreed to raise salaries but fired 54 of the 99 strikers. The company also initiated a lawsuit to declare the strike illegal. The Federation of Independent Trade Unions of Russia noted that they were unable to do anything since the miners were not unionized.
Union members must follow extensive legal requirements and engage in consultations with employers before acquiring the right to strike. Solidarity strikes and strikes on matters related to state policies are illegal, as are strikes that do not respect the onerous time limits, procedures, and requirements mandated by law. Employers may hire workers to replace strikers. Workers must give prior notice of the following aspects of a proposed strike: a list of the differences of opinion between the parties that triggered the strike; the date and time at which the strike was intended to start, its duration, and the number of anticipated participants; the name of the body that is leading the strike and the representatives authorized to participate in the conciliation procedures; and proposals for the minimum service to be provided during the strike. In the event a declared strike is ruled illegal and takes place, courts may confiscate union property to cover employers’ losses.
The Federal Labor and Employment Service (RosTrud) regulates employer compliance with labor law and is responsible for “controlling and supervising compliance with labor laws and other legal acts which deal with labor norms” by employers. Several state agencies, including the Ministry of Justice, the Prosecutor’s Office, RosTrud, and the Ministry of Internal Affairs, are responsible for enforcing the law. These agencies, however, frequently failed to enforce the law, and violations of freedom of association and collective bargaining provisions were common. Penalties were not sufficient to deter violations.
Employers frequently engaged in reprisals against workers for independent union activity, including threatening to assign them to night shifts, denying benefits, and blacklisting or firing them. Although unions were occasionally successful in court, in most cases managers who engaged in antiunion activities did not face penalties.
For example, in March and April, the medical workers’ union in Anzhero-Sudzhensk led a series of strikes, including a hunger strike by nurses, to protest layoffs and staff transfers. Authorities publicly criticized the striking personnel, with Kemerovo governor Sergey Tsiliyev accusing them of “discrediting the honor of the region.” After the first picket on March 11, police ordered the interrogation of all participants. On April 11, the city’s mayor demanded that nurses give up their union membership.
b. Prohibition of Forced or Compulsory Labor
The law prohibits most forms of forced or compulsory labor but allows for it as a penal sentence, in some cases as prison labor contracted to private enterprises.
The government was generally effective in enforcing laws against forced labor, but gaps remained in protecting migrant laborers, particularly from North Korea who generally earned 40 percent less than the average salary. Migrant forced labor occurred in the construction and service industries, logging industry (timber), textile shops, brick making, and the agricultural sector (see section 7.c.). Migrant workers at times experienced exploitative labor conditions characteristic of trafficking cases, such as withholding of identity documents, nonpayment for services rendered, physical abuse, and extremely poor living conditions.
Under a state-to-state agreement in effect since 2009, North Korean citizens worked in the country in a variety of sectors, including the logging and construction industries in the Far East. In order to comply with the 2017 UN international sanctions prohibiting the employment of North Koreans, the country reduced the number of North Korean laborers who work in the country legally. According to the Foreign Ministry, as of September approximately 4,000 North Koreans were employed in the country legally, a significant drop from 40,000 in 2017. Although the government announced that it intended to return all North Korean workers to their country by December 22, a significant number of North Korean nationals continued to travel to and reside in Russia under student and tourist visas, especially in the Far East.
Authorities failed to screen departing North Korean workers for human trafficking and indications of forced labor.
There were reports of forced labor in the production of bricks and sawmills, primarily in Dagestan. Both men and women were exploited for forced labor in these industries in the Northern Caucasus region; however, victims were primarily male job seekers recruited in Moscow. Media outlet Coda also reported on forced labor in illegal sheep farms in the Stavropol region.
Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/ and the Department of Labor’s List of Goods Produced by Child Labor or Forced Labor at https://www.dol.gov/agencies/ilab/reports/child-labor/list-of-goods .
c. Prohibition of Child Labor and Minimum Age for Employment
The law prohibits the employment of children younger than age 16 in most cases and regulates the working conditions of children younger than 18. The law permits children to work at age 14 under certain conditions and with the approval of a parent or guardian. Such work must not threaten the child’s health or welfare. The law lists occupations restricted for children younger than age 18, including work in unhealthy or dangerous conditions, underground work, or jobs that might endanger a child’s health and moral development.
Child labor was uncommon, but it could occur in the informal service, construction, and retail sectors. Some children, both Russian and foreign, were subjected to commercial sexual exploitation and forced participation in the production of pornography (see section 6, Children).
Also, see the Department of Labor’s Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings , and the Department of Labor’s List of Goods Produced by Child Labor or Forced Labor at https://www.dol.gov/agencies/ilab/reports/child-labor/list-of-goods .
d. Discrimination with Respect to Employment and Occupation
The law does not prohibit discrimination based on sexual orientation, HIV status, gender identity, or disability. Although the country placed a general ban on discrimination, the government did not effectively enforce the law.
Discrimination based on gender in compensation, professional training, hiring, and dismissal was common. Employers often preferred to hire men to save on maternity and child-care costs and to avoid the perceived unreliability associated with women with small children. Such discrimination was often very difficult to prove.
The law prohibits employer discrimination in posting job vacancy information. It also prohibits employers from requesting workers with specific gender, race, nationality, address registration, age, and other factors unrelated to personal skills and competencies. Notwithstanding the law, vacancy announcements sometimes specified gender and age requirements, and some also specified a desired physical appearance.
According to the Center for Social and Labor Rights, courts often ruled in favor of employees filing complaints, but the sums awarded were often seen as not worth the cost and time to take a legal action. In an uncommon case, on September 9, an entrepreneur who refused to hire a 49-year-old woman in Volgograd because of her age was fined up to 100,000 rubles ($1,570). The court ruled that the entrepreneur represented a legal entity, instead of an individual, which stipulated the relatively large fine.
The law restricts women’s employment in jobs with “harmful or dangerous conditions or work underground, except in nonphysical jobs or sanitary and consumer services,” and forbids women’s employment in “manual handling of bulk weights that exceed the limits set for their handling.”
The law includes hundreds of tasks prohibited for women and includes restrictions on women’s employment in mining, manufacturing, and construction. Women were banned from 456 jobs during the year. According to the Ministry of Labor, women on average earned 28.3 percent less than men in 2017.
The law requires applicants to undergo mandatory medical screenings when entering into a labor agreement or when enrolling at educational institutions. The medical commission may restrict or prohibit access to jobs and secondary or higher education if it finds signs of physical or mental problems. Persons with disabilities were subjected to employment discrimination. Companies with 35 to 100 employees have an employment quota of 1 to 3 percent for persons with disabilities, while those with more than 100 employees have a 2 to 4 percent quota. An NGO noted that some companies kept persons with disabilities on the payroll in order to fulfill the quotas but did not actually provide employment for them. Inadequate workplace access for persons with disabilities also limited their work opportunities.
Many migrants regularly faced discrimination and hazardous or exploitative working conditions. Union organizers faced employment discrimination, limits on workplace access, and pressure to give up their union membership.
Employment discrimination based on sexual orientation and gender identity was a problem, especially in the public sector and education. Employers fired LGBTI persons for their sexual orientation, gender identity, or public activism in support of LGBTI rights. Primary and secondary school teachers were often the targets of such pressure due to the law on “propaganda of nontraditional sexual orientation” targeted at minors (see section 6, Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity). On April 9, a St. Petersburg court ruled that a printing house illegally fired Anna Grigoryeva, a transgender woman who had worked there for years as a man. This was the first time that a court ruled in favor of a person fired for their transgender identity.
Persons with HIV/AIDS were prohibited from working in some areas of medical research and medicine. For example, the Ministry of Transport prohibited HIV-positive persons from working as aviation dispatchers until the Supreme Court lifted the ban on September 10.
In September 2018 as part of broader pension reform, amendments to criminal law were adopted to establish criminal liability for employers who dismiss workers due to approaching pension age.
e. Acceptable Conditions of Work
The monthly minimum wage increased to the official “subsistence” level on January 1. Some local governments enacted minimum wage rates higher than the national rate.
Nonpayment of wages is a criminal offense and is punishable by fines, compulsory labor, or imprisonment. Federal law provides for administrative fines of employers who fail to pay salaries and sets progressive compensation scales for workers affected by wage arrears. The government did not effectively enforce the law, and nonpayment or late payment of wages remained widespread. According to Rosstat, as of September 1, wage arrears amounted to approximately 2.6 billion rubles ($40.8 million). As of September 17, the State Unitary Enterprise Chuvashavtotrans had a debt of 39.8 million rubles ($625,000) for 707 employees, one of the largest wage arrears for a single organization.
The law provides for standard workhours, overtime, and annual leave. The standard workweek may not exceed 40 hours. Employers may not request overtime work from pregnant women, workers younger than age 18, and other categories of employees specified by federal law. Standard annual paid leave is 28 calendar days. Employees who perform work involving harmful or dangerous labor conditions and employees in the Far North regions receive additional annual paid leave. Organizations have discretion to grant additional leave to employees.
The law stipulates that payment for overtime must be at least 150 percent for the first two hours and not less than 200 percent after that. At an employee’s request, overtime may be compensated by additional holiday leave. Overtime work may not exceed four hours in a two-day period or 120 hours in a year for each employee.
The law establishes minimum conditions for workplace safety and worker health, but it does not explicitly allow workers to remove themselves from hazardous workplaces without threat to their employment. The law entitles foreigners working to the same rights and protections as citizens.
Occupational safety and health standards were appropriate within the main industries. Government inspectors are responsible for enforcement and generally applied the law in the formal sector. Serious breaches of occupational safety and health provisions are criminal offenses. Experts generally pointed to prevention of these offenses, rather than adequacy of available punishment, as the main challenge to protection of worker rights. The number of labor inspectors was insufficient to enforce the law in all sectors. RosTrud, the agency that enforces the provisions, noted that state labor inspectors needed additional professional training and additional inspectors to enforce consistent compliance.
At the end of 2018, an estimated 14 million persons were informally employed. Employment in the informal sector was concentrated in the southern regions. The largest share of laborers in the informal economy was concentrated in the trade, construction, and agricultural sectors, where workers were more vulnerable to exploitative working conditions. Labor migrants worked in low-quality jobs in construction but also in housing, utilities, agriculture, and retail trade sectors, often informally. Labor law and protections apply to workers in the informal sector.
No national-level information was available on the number of workplace accidents or fatalities during the year. According to Rosstat, in 2018 approximately 25,400 workers were injured in industrial accidents, including 1,140 deaths.