29 Am. U. Int'l L. Rev. 1069 (2013-2014)
Pride and Prejudiced: Russia's Anti-Gay Propaganda Law Violates the European Convention on Human Rights

handle is hein.journals/amuilr29 and id is 1133 raw text is: COMMENTS
PRIDE AND PREJUDICED: RUSSIA'S ANTI-
GAY PROPAGANDA LAW VIOLATES THE
EUROPEAN CONVENTION ON HUMAN
RIGHTS
STEPHAN POLSDOFER*
I. INTRODUCTION..      ................................... 1070
II. BACKGROUND          ..................................... 1073
A. RUSSIA'S INTERNATIONAL AGREEMENTS PROTECT THE
FREEDOM OF ASSEMBLY           ........................ 1076
B. RUSSIA HAS AN OBLIGATION TO PROHIBIT
DISCRIMINATION THROUGH ITS INTERNATIONAL
AGREEMENTS     ............................... ...... 1079
C. RUSSIA HAS AN INTERNATIONAL COMMITMENT TO
ENSURE THE RIGHT TO AN EFFECTIVE REMEDY .........1081
III. ANALYSIS      ..................................1082
A. RUSSIA'S BAN ON GAY PROPAGANDA VIOLATES THE
ECHR's PROTECTION OF THE FREEDOM OF ASSEMBLY .....1082
B. THE BAN ON GAY PROPAGANDA DISCRIMINATES BASED
ON SEXUAL ORIENTATION IN VIOLATION OF THE ECHR.... 1086
C. RUSSIA DOES NOT PROVIDE AN EFFECTIVE REMEDY FOR
THOSE ERRONEOUSLY CHARGED WITH VIOLATING THE
GAY PROPAGANDA BAN      ............................1088
IV. RECOMMENDATIONS       .................... .....1090
A. To COMPLY WITH RUSSIA'S INTERNATIONAL
AGREEMENTS, THE STATE DUMA SHOULD TAKE THE
STEPS NECESSARY TO REPEAL OR, ALTERNATIVELY, NOT
ENFORCE THE BAN ON GAY PROPAGANDA    ............. 1090
*    Stephan Polsdofer is a 2015 J.D. candidate at the American University
Washington College of Law.

1069

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