[Sourced from the advance unedited edition.]
C. Principal matters of concern and recommendations
Discrimination on the grounds of sexual orientation and gender identity
10. The Committee is concerned:
(a) about reports of discrimination, hate speech, violence against lesbian, gay, bisexual and transgender (LGBT) individuals and activists and violation of their rights to freedom of expression and assembly;
(b) about the absence of explicit protection against discrimination on grounds of sexual orientation and gender identity in the anti-discrimination legislation;
(c) that article 63, paragraph 1 (e) of the Criminal Code recognizing as aggravated circumstances the commission of an offence for reasons of, inter alia, “hatred or enmity” or “hate or hostility towards a given social group” does not appear to have ever been applied to cases involving violence against LGBT individuals;
(d) that the laws adopted at regional and federal level banning “promotion of non-traditional sexual relations to minors”, although upheld by the Constitutional Court (rulings No. 151-O-O of 19 January 2010 and No. 24-P of 23 September 2014), exacerbate the negative stereotypes against LGBT individuals and represent a disproportionate restriction of their rights under the Covenant;
(e) that a decree signed by Prime Minister Medvedev on 29 December 2014 included transgender identity, bigender identity, asexuality and cross-dressing in the list of medical conditions constituting contra-indications to driving (arts. 2, 7, 9, 17, 19, 21 and 26).
The State party should clearly and officially state that it does not tolerate any form of social stigmatization of homosexuality, bisexuality or transexuality, or hate speech, discrimination or violence against persons based on their sexual orientation or gender identity. It should also:
(i) Take all necessary steps to strengthen the legal framework protecting LGBT individuals from discrimination and violence and ensure the investigation, prosecution and punishment of any act of violence motivated by the victim’s sexual orientation or gender identity and apply the provisions of article 63, paragraph 1 (e) of the Criminal Code to such acts;
(ii) Repeal laws banning “promotion of non-traditional sexual relations to minors” adopted at regional and federal level;
(iii) Exclude transgender identity, bigender identity, asexuality and cross-dressing from the list of medical conditions constituting contra-indications to driving.
(iv) Guarantee the exercise in practice of the rights to freedom of expression and assembly of LGBT individuals and their supporters.
Link to full text of the report: Concluding Observations-CCPR-Russian Federation-AUE-2015-eng