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Assessment of relevance of necessity to hold gay parades to protect homosexuals from “extremist activity”

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3. Assessment of relevance of necessity to hold gay parades to protect homosexuals from “extremist activity”.

Reasoning to hold gay parades to make public the issue of protecting homosexuals from extremism is ungrounded and unconvincing, since gay parade organizers usually present no proofs of any extremist activity against homosexuals in Russia228. Actions of heterosexuals to protect their rights and vital interests from illegal infringement by homosexuals can not be assessed as extremism, in relation to Federal Law “On counteracting extremist activity” dt. 25.07.2002 №114-ФЗ.

Such arguments are, in essence, deceitful and can not ground admissibility and necessity of such open public events, aimed at imposing homosexualism on other people, including teenagers, can not justify public actions of “protest against extremism” by way of mass vulgar and indecent events.

Ideologists of homosexualism create myths about supposed extremism against homosexuals in Russia, trying to impede discussions of real facts, when homosexuals infringe on rights of non-homosexual citizens, when homosexuals demonstrate intolerance to heterosexuals, to conceal scandalous extremist nature of homosexual ideology itself. Hatred and intolerance of homosexual propagandists and a number of homosexuals toward heterosexuals is not analogous to attitude of heterosexuals toward homosexuals.

A study of homosexual publications about the so-called “gay culture” makes it clear that one of its obvious features is hatred and intolerance of homosexuals (at least, male homosexuals) to women of normal sexual orientation, actually, racist attitude to them as to inferior creatures and inferior race.

Thus, a glossary of “Argot of Russian homosexual sub-culture”, compiled by V.Kozlovsky, presents absolutely humiliating and insulting definition: “The natural” 1. A woman, since homosexual love in “unnatural” comparing with heterosexual one. A neutral term, as distinct from despising and mocking ones: two-assed crocodile, double barrel, wet crack”.

Another characteristic quote from a “glossary” of homosexual “culture”, placed at many homosexual internet-sites:

Two-assed crocodile – mocking reference to a woman. The same – double barrel, wet crack, empty hole,…hay bag, natural, plug, bald patch, skeezer, central cut”229.

Such hateful insults are “mocking” only in homosexual “culture”, with quite inverted notions. Similarly, “cheerful celebration” as homosexual description of gay parades, differs from general notion of “cheerful celebration”.

The above mentioned insulting lingo230 is extremely popular among homosexuals, and such extremist attitude towards women with normal sexual orientation may assuredly be considered as a significant element of homosexual “culture” and ideology.

Due to extreme amorality of such humiliating and insulting anti-feminine expressions from homosexual vocabulary, presenting inseparable part of homosexual “culture”, the authors of the report do not find it proper to quote them all.

But even the above quotes, numerously multiplied in printed sources and electronic publications, constitute a convincing proof of deliberate inversion by homosexual ideologists and their political supporters (including those from the so-called right advocates movement) the situation with real offenders and victims of extremism.

Even leaving aside the extreme form of homosexual ideology – homosexual racism, based on the assumption, that those who did not perceive the “mystery” of homosexualism, are inferior – we still can and should talk about extremism of the so-called “homosexual culture”, about hatred and intolerance of significant part of homosexuals (at least, active promoters of homosexual way of life), their organizations and internet-sites towards women with normal sexual orientation, and to heterosexuals as a whole.

The extremist nature of homosexual ideology proves falsity and legal baselessness of presenting homosexuals as “victimized minority”.

Another false argument to cover expansion of homosexual ideology is to make comparisons or analogies of negative attitude to homosexualism with total hatred to Jewish people. Again, notions are inverted. Judaic religious organizations opine that such declarations are based on hidden hatred of Jews. Thus, the Congress of Jewish religious organizations and associations in Russia stated: “Certain politicians in their desire to justify sodomy reach highest points of loutish behavior and cynicism, making outrageous comparisons between national and religious intolerance and dislike of sexual perversions and negative assessments of their propaganda”231.

In the absence of real facts of persecuting homosexuals (at least, in scope referred to by gay parade organizers), homosexual ideologists abroad falsified such facts quite often. A case of Dwight Walker from Vermont, USA, a gay movement activist, is a vivid example. On 07.04.2000 a car of D.Walker was set on fire in the middle of the night, right at the time of Vermont legislative discussion on providing homosexuals with rights similar to heterosexual families. Vermont homosexual ideologists used the incident to prove the point of persecuting homosexuals, saying that criticism of unisexual marriages is just another form of persecution. But later D.Walker confessed to the police that he himself set his car on fire: “I put my car aflame because I wanted to be seen as a victim”. D.Walker was brought before the court for the third degree arson, for deliberately false declarations to officials, and for arson to deceive an insurance company, “Boston Globe” wrote232.

Homosexual ideologists bring to notice mass violations of human rights of homosexuals and extremist attitude toward them, but in reality their actions are accompanied by mass violations of rights of other people, due to extremist activity of homosexuals.

The brightest and most convincing manifestation of extremism of gay parade organizers toward Christianity and falsity of human rights and “culture” rhetoric, used to justify the necessity of gay parades, was “love parade” in Saint-Petersburg (27.05.2006), next to the Catholic Church of Saint Katherine; as a matter of fact, gay parade participants committed acts of religious vandalism. Outraged Catholics stated, that “for the whole night at the stage built without permission of the Saint Katherine Church administration, there were dirty dancing and vulgar performances with naked women and transvestites, causing an insult to feelings of believers who came for service, and well-meaning citizens who brought along their children”. The statement said that participants of the so-called “love parade” “noisily rushed into the church without any hesitation, drank alcoholic beverages and relieved themselves right at the main entrance and at entrances to the Church basements”233.

Such homosexual displays are not unique and exceptional, but rather typical for gay parades.

Therefore gay parades have no relation whatsoever to “protecting homosexuals from extremist activity”.
4. Assessment of relevance of gay parade organizers stating that such parades would not violate rights and vital interests of children.

Information and psychological influence of gay parades is directed at unlimited range of non-homosexuals, who are compelled to see and hear the action, to digest it and consume its effect without any wish to do so. Obviously, vulgar and deliberately excessive picturesqueness and hypertrophied pomposity of gay parades, scandalously sophisticated vulgarity and indecency of behavior of its participants attract attention, in the first place, of less psychologically stable part of the society, namely, children, who have not yet adopted vitally important social norms. It is minors who are most sensitive and perceiving part of the audience, that is why they are easily influenced.

Homosexual propaganda realized through gay parades, is especially dangerous for children, incapable of critical assessment of the real content and orientation of gay parades.

Consequently, the public is alarmed by the fact, that a certain part of heterosexual youth gets involved into a homosexual way of life through psychological manipulations and propaganda, including mass media.

That is why a number of the RF subjects introduced legislative prohibitions of public actions aimed at propaganda of homosexualism among minors under 16 to prevent their social de-adaptation (see, for instance, article 4, Ryazan oblast Law “On protecting morality of children in Ryazan oblast” № 41-ОЗ dt. 03.04.2006).

The inviting motto of homosexual ideologists: “If you are not sure of yourself, join our big and united community, you will like it there”, has already been openly broadcast by mass media on the society, including minors. Beside everything else, gay parades are an efficient means of registering in the heads of minors homosexual stereotypes and ideas, already imposed by mass media and sometimes even by educational institutions234.

Children and teenagers have not yet formed stable notions of social norms, they continue to develop system of perception of the world, personal values, and sexual ego, sexual personal self-identification.

Item 2 of the World Declaration on Survival, Protection and Development of Children (New York, 30.09.1990) says: “Children of the world are innocent, vulnerable and dependant”. These qualities are cynically abused by gay parades organizers, who impose destructive psychological ideas and immoral values, psychologically raping minors. Under such conditions an obtrusive propaganda of homosexualism among children as normal and even egalitarian way of life, norm of sexual relations and sexual behavior is cynically immoral and anti-cultural, presenting anti-public and illegal actions, inhuman and cruel treatment of children, which contradicts to demands of public morality, recorded in a number of international acts on human rights. In particular, it contradicts to fair demands of morality and public order in a democratic society (item 2, article 29, General Declaration on Human Rights235).

Part 2, article 44 of the RF Constitution sets the right of everybody to have access to cultural values, which include, in keeping with article 3 of the Basics of the RF Legislation on Culture, among others, moral and esthetic ideals, norms and standards of behavior, national traditions. According to articles 17 and 18 of the RF Constitution and article 11 of the Basics of the RF Legislation on Culture, the state secures protection of human rights for citizens to have a free choice of moral, esthetic and other values.

Public propaganda of homosexualism contradicts to norms of international law. Thus, the activity of gay parade organizers infringes on norms of Russian constitutional family and education laws, laws on healthcare, freedom of conscience, and on norms of international laws as well, which provide for preferential right of parents for moral upbringing and healthcare of their own children (item 4, article 18, International Pact on Human and Political Rights236; item 3, article 13, International Pact on Economic, Social and Cultural Rights237; part 5, item 2, article 14, item 1, article 18, Children Rights Convention238; part 1 and 2, article 5, Declaration on Liquidation of all Forms of Intolerance and Discrimination on the basis of religion and beliefs239; also part 2, article 38, the RF Constitution, item 1, article 63, the RF Family Code).

Item 1, article 63, the RF Family Code stipulates, that parents are responsible for upbringing and development of their children, their health, physical, psychic, spiritual and moral development. Parents have preferential right for upbringing of their children before any other persons.

As to international standards, in keeping with part 4, article 15 of the RF Constitution, the above norms of international acts on human rights constitute inseparable part of the RF legal system, therefore act directly240.

According to Declaration on Liquidation of all Forms of Intolerance and Discrimination on the basis of religion and beliefs dt. 25.11.1981, parents of a child may determine his or her way of life within the family in keeping with their religion or beliefs, and conduct moral education necessary, in their opinion, for the child (parts 1, 2 and 5, article 5). Accordingly, each child has right for normal moral development with his interests being a leading principle.

Gay parade homosexual propaganda to children is detrimental to their normal moral development.

According to preamble and sub-item “c”, item 1, article 29, Children Rights Convention, traditions and cultural values of the people are important for protection and harmonious development of a child, and the state should secure respect to cultural identification and values of a child, to national values of a country where such a child lives. Children Rights Declaration (UN, 20.11.1959, New York) provides for legal and other means to secure special protection and opportunities and favorable conditions for physical, mental, moral, spiritual and social development, in a healthy and normal way under the conditions of freedom and dignity (principle2).

The preamble of the Recommendations of the Ministers Committee in the Council of Europe №R(91)11 to countries-members in relation to exploitation of sex for profit, pornography, prostitution, trafficking children and minors (09.09.1991) says that untimely sexual experience may be harmful for social and psychological development of children and minors. Logically enough, the RF Public Prosecutor issued a decree № 38 dt. 22.06.2001 “On prosecutor’s supervision over administration of laws on minors and the youth”, demanding of prosecutor’s offices “to make legal entities and physical persons, guilty of distributing information, harmful for children’s health, their moral and spiritual development, or promoting violence, cruelty, pornography and anti-social behavior, properly answerable for their actions” (item 3.2).

Promoting homosexual relations to children through gay parades as a normal way of life, normal sexual relations and sexual behavior infringes on their following rights:

• right for protection from all forms of sexual seduction (article 34, Children Rights Convention);

• right for psychic, spiritual and moral development (item 1, article 4, Federal Law “On main guarantees of children rights in the Russian Federation” dt. 24.07.1998 № 124-ФЗ);

• right for protection from information, propaganda and campaigning, harmful to their health, moral and spiritual development, including protection from distribution of products, promoting pornography, and anti-social behavior (item 1, article 14, Federal Law “On main guarantees of children rights in the Russian Federation”);

• right for intellectual, moral and psychic safety, life safety, protection of health and morality of children, protection from negative influences (items 2 and 3, article 14, Federal Law “On main guarantees of children rights in the Russian Federation”);

• right for special care, including legal protection, special guarding and caring due to their (children) physical and mental immaturity (preamble of the Children Rights Convention);

• right for protection from information and material, harmful to their well-being (item “e”, article 17, Children Rights Convention);

• right for harmonic development based on traditions and values of your people, spiritual and moral development, protection from irresponsible sexual behavior of adults (preamble of optional protocol to Children Rights Convention, related to child trafficking, child prostitution and child pornography241);

• free choice of moral, esthetic and other values (article 11, the Basics of the RF Legislation on Culture dt. 09.10.1992 № 3612-1).

Moreover, imposition by gay parade organizers of homosexual way of life as normal sexual relations and sexual behavior on children below 16 constitutes corpus delicti (article 135, “sexual abuse”, the RF Criminal Code), setting responsibility for sexual abuse without violence by a person above eighteen in relation to a person certainly below sixteen.

Commentaries to the RF Criminal Code edited by professor B.Zdravomyslov, doctor of law and merited lawyer of the Russian Federation, give the following interpretation of article 135. Objectively it is about sexual abuse without violence in relation to a person certainly below sixteen. Sexual abuse in this context means actions, committed by a person above eighteen, to satisfy sexual lust of a guilty party or sexual lust of a person certainly below sixteen, but unrelated to copulation or, for instance, sodomy. Sexual abuse includes, for instance, cynical talks, demonstration of pornographic images etc.242

O.Pristanskaya, associate professor of law, deputy head of department, Research institute of law and order support, Office of the Public Prosecutor, RF, qualifies negative information influence on minors, aimed at destroying their values and moral orientations in the sphere of sexual relations, as “debauchery”, describing the term as moral corruption of a human being, depriving him of any moral principles, “washing out borders between norms and pathologies in sexual and social behavior”243.

A modern explanatory dictionary of the Russian language gives the following definitions: “To debauch – 1. To accustom to debauchery, to make debauched. 2. To make morally corrupt, to inculcate in bad and immoral habits and inclinations…”; “Debauch – Sexual dissipation, promiscuity…Naughty morals, immoral behavior and relations. Bad from the point of view of generally accepted morals”; “To corrupt – 1. To involve or force a minor into sexual relations. 2. To debauch morally and bring down to moral degeneration”; “Corrupted – morally degenerated, immoral”244.

In this respect gay parades promote debauched actions accompanied by subtle manifestation of inclination to commit homosexual acts, by making and imitating debauched and other actions; such actions, committed in public, in relation to minors may be reasonably considered as their debauching, corrupting, sexual and ethical disorienting, as debauching actions.

Homosexual claims about their “rights” to promote their way of life and their sexual orientation to children in public (and that is what gay parades are about) have no legal grounds whatsoever. Insisting on such “rights” and attempts of implementing them into practice constitute legal abuse.

The European court on human rights makes a clear distinction between individual inclinations in sexual sphere and their public propaganda, and recognizes rights of state authorities to limit such propaganda in order to protect public morals, rights and vital interests of children.

Thus, in “Dudgeon against the United Kingdom” (22.10.1981), the European Court on Human Rights ruled that the state is allowed to limit propaganda of homosexualism among minors: “The Court recognizes that one of the legislative goals is to hedge unprotected members of society, like young people, from consequences of homosexualism. Still, in this particular context strict division between “protection of rights and freedoms of other people” and “protection of morality” looks artificial. Protection of morality may assume preservation of moral spirits and moral values of a certain part of the society, for instance, school pupils245. Thus, “protection of rights and freedoms of other people” in the meaning of protecting moral interests and public good of certain people or groups of population, which are in need of special protection due to their immaturity, mental backwardness or dependency, boils down to one aspect – “protection of morality”246. Therefore on the basis of such an approach the Court will consider the both above-mentioned goals… One can not deny that a certain criminal and legal regulation of male homosexualism, same as other forms of sexual behavior, may be justified through norms of Criminal Law as “necessary in a democratic society”. The main function of Criminal Law in this sphere is… – “to preserve public order and decencies in order to protect the public from something shocking and insulting”. Moreover, necessity of a certain control may even be expanded on consentual sexual relations in private, especially if it is required… “to ensure significant guarantees against abuse and corruption of other persons, in particular, those especially vulnerable due to their young age, weakness of body and spirit, absence of experience…”. In practical terms, legal norms regulating such relations, exist in all countries-members of the European Council… National authorities should initially assess the vitality of the public need in each particular case…On the basis of Handyside case the Government concluded, that limits of judicial discretion are wider, in case of a need to protect public morals… The Court also admitted the necessity of certain control over homosexual behavior in a democratic society, among other things, to disallow sordid abuse and corruption of especially vulnerable persons, for instance, due to their young age” (§§ 47, 49, 52 and 62 of the ruling).

Thus, the European Court on Human Rights recognizes that in a number of cases homosexualism threatens public order, public morals and decencies, that homosexualism may be considered as shocking and insulting to citizens and society, that homosexual behavior may be corrupting to minors, that children should be protected from homosexual imposition. Namely, the European Court on Human Rights recognized imposition of homosexualism on children to be corruption of children.

The stand of the European Court on Human Rights in relation to interpretation of norms of the European Convention on Protection of Human Rights and Main Freedoms is legally meaningful for the Russian Federation. According to Ruling № 5 of the RF Supreme Court Plenary Session “On use of generally accepted principles and norms of international laws and international agreements by the Russian Federation in courts of general jurisdiction” dt. 10.10.2003: “The Russian Federation as a participant of the Convention on Human Rights and Main Freedoms recognizes the jurisdiction of the European Court on Human Rights as binding in issues of interpreting and applying the Convention and its Protocols in case of possible violation by the Russian Federation of these agreed acts, if an assumed violation took place after these acts went into effect in relation to the Russian Federation (article 1, Federal Law dt March 30, 1998 г. № 54-ФЗ “On ratification of the Convention on Human Rights and Main Freedoms and its Protocols”).Therefore the use of the above Convention by courts should be done with consideration of practices in the European Court on Human Rights to avoid any violation of the Convention on Human Rights and Main Freedoms” (item 10).

In the case of “L. and V. against Austria”, dt. 09.01.2003, related to legality of criminal responsibility for homosexual relations of persons of the full legal age with minors from 14 to 18 with the consent of the latter, the European Court on Human Rights recognized appropriate to limit homosexualism to protect sexual development of adolescents and to protect right for normal sexual development of minors (§ 46 of the ruling). Thus, the European Court on Human Rights stated, that one should distinguish between normal sexual behavior and its deviations, which may bring harm to citizens, minors in the first place, if, for instance, homosexualism is imposed on them.

For many children with set moral and family values of its people, promotion of homosexualism, especially aggressively imposed in public, is considered by them as cruel and humiliating.

Such propaganda means cruel and humiliating treatment of children and violates norms of international laws and the RF legislation, including:

• article 5, the Universal Declaration of Human Rights, stating, that no one should be treated in a humiliating way;

• article 7, the International Pact on Human and Political Rights, stating, that no one should be treated in an inhuman or humiliating way;

• article 3, the European Convention on Protection of Human Rights and Main Freedoms, stating, that no one should be treated in an inhuman or humiliating way;

• article 21, the RF Constitution, stating, that human dignity is protected by the state, and nothing can be a basis for its derogation; no one should be treated in a humiliating way.

Humiliating treatment can be given intellectually, in accordance with the European Court on Human Rights: “influence may be humiliating, if it may fill a victim with fear, alarm and inferiority, crushes his (her) physical and moral resistance (Ruling in “Ireland against the Great Britain”, dt. 18.01.1978, serial А, № 25, pp. 66-67, § 167”» (Ruling in “Smith and Grady against the United Kingdom”, dt. 27.09.1999 (final 27.12.1999), § 120).

The stand is fully shared by the RF Supreme Court, stating, that “humiliating treatment is, in particular, the one that fills a person with fear, alarm and inferiority” (item 15, Ruling № 5, The RF Supreme Court {Plenary Session “On use of generally accepted principles and norms of international laws and international agreements by the Russian Federation in courts of general jurisdiction” dt. 10.10.2003.

Public propaganda of homosexualism to children may be considered as humiliating not only by children, but by adults, including parents of these children. According to the European Court on Human Rights, “it is sufficient for a victim to be humiliated in one’s own eyes” (Ruling in “Smoith and Grady against the United Kingdom”, dt. 27.09.1999, § 120; Ruling in “Tyrer against the Great Britain, dt. 25.04.1978, serial A № 26, p. 16, § 32).

Necessity to prevent and curb promotion of homosexualism among the youth was underlined by the Chief Sanitary Inspector of the Russian Federation, who demanded “to take effective steps (like withdrawal of licenses) to prevent propaganda in mass media and especially at TV of sexual perversions, pornography and programs, aimed at attracting attention of the youth to discussion of non-traditional sexual relations” (item 6.1, enactment № 19 dt. 29.12.1999, “On urgent measures to prevent HIV proliferation”).

Thus, declarations of gay parade organizers that rights and vital interests of children will not be violated by such a parade, should be recognized ungrounded and false.
5. Assessment of relevance of gay parade organizers stating that such parades would not violate rights and vital interests of believers.

The topic of sexual morals is especially delicate in cultural traditions of all the people populating Russia. Consequences of certain types of immoral sexual behavior are hard to estimate with precision, as distinct from consequences of physical influences on human beings, for instance, traumas. Therefore declarations of gay parade organizers that one can not give precise and objective assessment of consequences of such events, that they have no negative consequences whatsoever, are ungrounded.

Representatives of centralized religious organizations of the largest religions in Russia made tough and categorical statements247 of their extremely negative attitude to gay parades in any town in the Russian Federation, since such events are considered by believers as deliberate insult of their religious sentiments and cruel humiliation of their dignity. The state is obliged to take into consideration cultural values in the society and its attitude toward homosexualism and, particularly, attitude toward obtrusive public propaganda of homosexualism.

While discussing the question of gay parades, attention in most cases is improperly paid only to one side of the issue – interests of homosexuals. The necessity to respect rights and beliefs of people with different perceptions is totally ignored; such an approach is definitely out of place in countries with absolute majority of citizens being against any public and especially legal definition of homosexual relations as a social norm, considering them unnatural, abnormal, indecent and immoral, being categorically against imposition of such relations to their children as normal and admissible way of life.

Citizens in a democratic society with negative attitude toward homosexualism on the basis of their religious convictions have full right for respect and protection of their religious and moral beliefs, right to bring up their children in keeping with their own religious and moral beliefs (item 3, article 13, International Pact on Economic, Social and Cultural Rights, item 4, article 18, International Pact on Civil and Political Rights).

The European Court on Human Rights expresses the opinion, that in deciding whether it is possible or not to permit events which may be insulting to religious sentiments of believers, the state is obliged to take into account role and influence of religion in the society: “One has to consider the importance of religion in everyday life of citizens… The Court can not ignore the fact, that Roman-Catholic faith is the religion for the overwhelming majority of Tyroleans. Having arrested the movie, the Austrian authorities acted in the interest of religious stability in the region to stop certain people from thinking that their religious beliefs were insulted without any grounds (§§ 52 and 56 The Ruling of the European Court on Human Rights, “Otto-Preminger-Institut against Austria dt. 20.09.1994).

Similarly, the RF Constitutional Court says, that “principles of pluralistic democracy in the RF constitutional structure… can not be interpreted and implemented without considering specifics of the Russian historic development, the context of national and confessional composition of the Russian society and interactions between the state, political authorities, ethnic groups and religious confessions” (item 4, Enactment dt. 15.12.2004 № 18-П248). The Enactment covered the issue of legal regulations of political parties activities, but the approach is quite relevant to the subject at hand.

Therefore the state should take into consideration demands of the largest religious organizations. A democratic state should protect the society from destructive influences on its moral foundations, protect human dignity of all citizens, including believers.

It is proper to mention the opinion of judge Walsh from the European Court on Human Rights dt. 22.10.1981 in “Dudgeon against the United Kingdom”: “If the state is interested in protecting moral foundations of the society, it has the right to adopt laws that it deems fit for the purposes. The law supremacy depends on moral consent in the society, which can not be overlooked by laws in a democratic system. A law that gives exceeding or diminishing demands in relation to such a consensus may be despised. One can not impose virtue with the help of laws, but laws may foster vices if they complicate fight for virtues. Such a situation may erode the country moral spirits. In the long run laws should serve moral goals”249.

Thus, declarations of gay parade organizers that rights and vital interests and human dignity of believers will not be violated by such a parade, should be recognized ungrounded and false.

6. Assessment of relevance of permitting gay parades based on the fact that such parades have been held for a long time in a number of foreign countries.

Reference to the fact that gay parades have been practiced for a while in a number of foreign countries, to prove admissibility of such parades, is ungrounded and unconvincing, since there are no unified and general standards in the area of legal support of public morality.

There is no unified set of legal norms on homosexualism, neither in the world, nor in the European Union. Certain countries permit such relations, others significantly limit them.

The countries accustomed to gay parades do not possibly encounter serious protests in the society. But in Russia, as was said before, it is insulting to religious feelings of believers and to moral sentiments of a significant part of the society.

The European Court on Human Rights stated more than once, that there are no legal standards to protect public morals in all the countries, covering all moral problems, including protection of religious feelings of believers. According to the Court, state authorities in the countries are better informed and more efficient, than the International Court, in determining demands to protect feelings and convictions from insults:

In the sphere of morals, and even more so, in the sphere of religious convictions there is no generally accepted European concept of demands to secure “protection of rights of other people”, in case of attack on their religious convictions. What can be a serious insult to people of certain religious beliefs, may significantly change depending on time and place, especially in the epoch of growing number of religions and confessions” (§ 58 Ruling dt. 25.11.1996 “Wingrove against the United Kingdom”)250;

As is the case with morals, one can not single out common notion of meaning of religion in a society for the whole Europe...; even inside one country such notions may differ. For this reason it is impossible to come to any universal definition of what is permissible interference with right for freedom of expression, if such an expression is aimed against religious feelings of other people. That is why national authorities have broad range of discretion, while assessing necessity and level of such an interference” (§ 50 Ruling of the European Court on Human Rights dt. 20.09.1994, “Otto-Preminger-Institut against Austria”)251.

The European Court dt. 22.10.1981, “Dudgeon against the United Kingdom” stated: “«Тhe fact that similar measures are not necessary in other parts of the United Kingdom or in other countries–members of the European Council, does not mean that they may not be recognized necessary in Northern IrelandIf there are different cultural communities within one country, state authorities may face different imperatives, both moral and social ones… The Court recognizes the existence of strong resistance, based on candid and sincere belief of many authoritative and respected members of the Northern Ireland community, that legislative change would seriously undermine moral foundations of the Irish society. The resistance reflects… the way the public views morals…, and measures to be taken to preserve the deep-rooted moral values. Regardless of whether such a point of view is right or wrong (it may differ from attitude to the problem in other communities), the fact that it really exists in certain layers of the Northern Ireland community is obviously of vital importance in connection with article 8, item 2… The necessity to be attentive to the public opinion is especially obvious (§§ 56, 57 and 58 of the Ruling).

Legislative norms, protecting morality, depend on moral condition of society and public conscience. Such an approach fully correlates with the stand of the European Court on Human Rights: “One can not find common European notion of “morality” in internal laws of different contracting states”. The point of view, that their corresponding laws set demands for the morality, changes depending on place and time” (§ 48 Ruling, Handyside case; similar approach is implemented in § 35, Ruling “Muller and the others against Switzerland”)252.

Thus, the fact that in a number of foreign countries gay parades have been going on for a long while, can not be considered as a basis for permitting gay parades in towns of the Russian Federation.

7. Assessment of relevance of permitting gay parades based on the reference that in a number of foreign countries homosexualism is a socially accepted norm.

The opinion that homosexualism in the majority of foreign countries or even everywhere is a social norm is but a myth. In a number of countries state bodies simply prefer (to a certain extent) not to interfere in the issues of sexual relations. At the same time, legislation in a number of foreign countries contains numerous examples of homosexual relations to be directly qualified as abnormal and prohibited among people in certain walks of life.

For instance, the US legislation contains direct and imperative prohibition to admit homosexuals for service in the US Armed Forces, and prohibition for homosexual relations among enlisted personnel.

Article 654 “Homosexual policy in the Armed Forces”, article 37 “General service demands”, part II “Personnel”, subtitle A, “General Military Law”, title 10, “Armed Forces”, the US Statute Book stipulates:

Prohibition in relation to homosexual behavior is an old element of the Military Law, which is still necessary under special conditions of military service.

The Armed Forces should favor personnel policy to exclude people, whose presence in the Armed Forces may bring about inadmissible risk for the Armed Forces high moral standards, good condition and discipline, unity of military elements, which constitute the basis for combat readiness.

Presence of people in the Armed Forces, who demonstrate inclination or intention to be involved in homosexual acts might create inadmissible risk for the Armed Forces high moral standards, good conditions and discipline, unity of military elements, which constitute the basis for combat readiness” (subparagraphs 13, 14 and 15 § “а”).

The above norms clearly show, that homosexual relations are defined in the US legislation as threatening to high moral standards (if only for one specific social group in this case), that is, immoral.

The Ruling of the European Court on Human Rights in “Müller and others against Switzerland” dt. 24.05.1988, recognized as grounded the arguments of the Swiss courts to the effect, that pictures depicting numerous acts of homosexualism, sodomy and masturbation “might seriously wound feelings of sexual decency among people with normal sensitivity”, and thus agreed with the existence of certain limits of decency in conducting sexual life; correspondingly, homosexualism, sodomy and masturbation constitute an indecent and abnormal way of conducting sexual life.

Thus, a reference to the fact, that in a number of foreign countries homosexualism is recognized as a social norm, can not be considered as a grounded and true basis for permitting gay parades in towns of the Russian Federation.

8. Assessment of relevance of permitting gay parades based on cancellation of criminal persecution for homosexual relations in the Russian Federation.

A reference of homosexualism ideologists to the fact, that criminal liability for homosexual relations was cancelled in the Russian Federation (decriminalization of an act) to prove permissibility of gay parades is ungrounded and unconvincing, since cancellation of criminal liability for homosexual relations does not mean that they are approved by the state and may be promoted in public.

The Ruling of the European Court on Human Rights dt. 22.10.1981, “Dudgeon against the United Kingdom” clearly stated, that “decriminalization” of an act did not mean its approval (§ 61 of the Ruling).

Thus, the fact, that criminal liability for homosexual relations was cancelled in the Russian Federation, does not constitute a basis for permitting gay parades in towns of the Russian Federation.

9. Validity of the state restriction of gay parades to protect public morals.

According to part 3, article 55, the RF Constitution, human rights and freedoms may be limited by a federal law only to an extent required to protect morality, rights and vital interests of other people.

The above norm corresponds to article 11, the European Convention on Human Rights and Main Freedoms (Rome, November 4, 1950): “Everybody has a right for freedom of peaceful gatherings and freedom of associating with other people, including the right to establish trade unions and join them to protect one’s interests. Such rights can not be restricted, with the exception of cases, provided by law and necessary in a democratic society in the interests of national safety and public peace, to prevent disorders and crimes, to protect health and morals or to protect rights and freedoms of other people…”

It was already mentioned, that overwhelming majority of the RF citizens and public morals are insulted by gay parades, therefore he state has the right to prohibit gay parades and similar public events or, at least, restrict them by certain places, not open to free access, to rule out a situation, when unwilling passers-by would be compelled to see and hear a gay parade activity and be influenced by it against one’s will.

Legitimacy of the state restricting measures to protect public morals was numerously confirmed by the European Court on Human Rights.

Thus, the Ruling of the European Court on Human Rights in “Müller and the others against Switzerland” dt. 24.05.1988 found interference by the state bodies into realization by the appellant of his right for freedom of expression appropriate and necessary in a democratic society to protect public morals. The point of the case was as follows. In 1981 the former seminary of Fribourg canton hosted a modern arts exhibition “Fri-Art 81”, to commemorate 500 anniversary of Fribourg canton joining the Swiss Federation. An exhibition participant Josef Muller painted three big pictures (3x2 meters) within three nights, and named them “Drei Nächte, drei Bilder”. The pictures depicted in a naturalistic fashion numerous acts of homosexualism, sodomy and masturbation. The pictures were put on display from the moment of the exhibition opening – 21.08.1981. The exhibition was advertised through mass media and posters and was open to everybody for free and without any age limitations. The exhibition catalogue contained photographic reproduction of the pictures. One of the visitors was outraged by the impression produced by the pictures on his minor daughter, another visitor tore one of the pictures down and started trampling it down; as a result, on 04.09.1981 the Fribourg General Prosecutor filed the case to court, since the above paintings came within article 204 of the Criminal Code of Switzerland253, prohibiting indecent publications. Also, to his mind, demonstration of one of the pictures interfered with freedom of religion (article 261, the Criminal Code of Switzerland)254. The police seized the paintings; their author Muller and the other nine participants of the exhibition were fined by Swiss courts, and the paintings were confiscated. The Supreme Court of Switzerland ruled, that Muller’s paintings “might wound moral feelings of citizens with normal sensitivity”. Later the paintings were returned to their owners. On 22.07.1983 plaintiffs (including Muller) lodged a complaint to the European Commission on Human Rights, which on 12.12.1986 addressed the European Court on Human Rights. The plaintiffs claimed that the fine and confiscation infringed on their freedom of expression. The European Court on Human Rights ruled, that the Swiss courts sentences were fair, in keeping with “vital public demands” and did not violate article 10 of the European Convention on Human Rights and Main Freedoms, in relation to convictions and confiscations. The Court agreed, that the above paintings “might roughly wound feelings of sexual decency in people with normal sentiments”, stating, that “the paintings under consideration demonstrate rough sexual relations, especially, between people and animals”, and “general public had free access to these paintings, there was neither entry fee, nor age limitations”. The Court also emphasized the legal right of Swiss authorities to cut the demonstration of the pictures as a measure to protect the society and its public morals255.

Thus, the European Court on Human Rights recognized, that demonstration of paintings depicting acts of homosexualism, sodomy and masturbation, “might wound moral feelings of citizens with normal sentiments”, which was harmful to societal morality.

Absence of any limitation for children to have access to indecent materials played significant role in the above Ruling of the European Court on Human Rights in “Muller and the others against Switzerland”. It was important to consider context, under which the paintings with scenes of homosexualism, sodomy and masturbation were demonstrated, the Court stated.

A similar approach is reflected in the Ruling of the European Court on Human Rights in “Otto-Preminger-Institut against Austria, dt. от 20.09.1994 (§ 53).

The above approach directly relates to the issue of gay parades and the discussed situation in Russia. The issue of permissibility of gay parades should be considered in the context of their influence on unwilling non-homosexual viewers, in the first place, children.

Gay parade limitations in the interests of public morality are even more legitimate, since gay parade organizers, as a rule, in parallel, pursuit commercial goals, which definitely contradicts to their human rights rhetoric.

Foreign experience shows, that wide scale propaganda of “gay culture” and homosexualism as a way of life is a very profitable investment, since community of homosexuals regularly consumes corresponding clothing, cosmetics and attributes256, visits gay clubs, uses services of specialized travel agencies for homosexuals etc. A broadly diversified infrastructure, serving community of homosexuals and exploiting the topic of sexual relations and human vices to promote homosexualism for profit, comes to life.

Gay parades are quite efficient in attracting new clients, new consumers of services and goods of the infrastructure. Gay parades themselves constitute commercial projects.

For instance, in 2000 in Sidney (Australia) under the umbrella of the Mardi Gras festival, the parade of lesbians and gays was held for the 23-rd time, with about 6000 participants (half of them from the North America) and about 600000 viewers. According to the gay parade organizers, such events are extremely profitable – only in 1999 the gay parade brought to the Sidney treasury about 100 million Australian dollars (about 63 million US dollars). The profit in 2000 was estimated by the gay parade organizers as 140 million257.

Next to a moral aspect of gay parades it is important to note, that while imposing homosexualism gay parade activists do not inform those involved about significant harm of homosexual relations to their health.

Item 4.2.5 “Determining indicators of sodomy”, the Instruction for expert studies and research in forensic bureaus, Decree of the Ministry of Health dt. 24.04.2003 № 161, specifies in details numerous harmful and dangerous to human health consequences of homosexual acts – specific and substantial traumatic consequences, caused by such acts and related diseases. For ethical reasons we would not quote the above document here.

Undoubtedly, democratic societies have all the rights to protect themselves from such self-harmful propaganda.

Thus, restricting gay parades by the state to protect public morals is quite legitimate.
10. Assessment of relevance of necessity to hold gay parades to protect “one of the forms of a family”.

Supporting the idea of gay parades by necessity to protect one of the forms of a family is ungrounded, because a homosexual alliance is not a family, and in many countries with legal permission of homosexual alliances they are called “partnerships”, not “families”.

The European Court on Human Rights ruled in “Antonio Mata Estevez against Spain” dt. 10.05.2001258 (referring to resolutions of the Human Rights Commission dt. 03.05.1983 in “X. and Y. against the United Kingdom” and dt. 14.05.1986 in “Simpson against the United Kingdom”), that “long-termed homosexual relations between two men do not fall under the right to respect family life, protected by article 8 of the Convention”259. Thus, the European Court on Human Rights recognized that homosexual marriages could not be legally protected in the way identical to protection of heterosexual families.

The overwhelming majority of the RF population does not consider and recognize such an alliance as a family, since it contradicts to the notion of a family, meaning its characteristic features as a social institute regulating sexual relations and demographic reproduction of the society.

Similarly, restriction of gay parades can not be considered as interference into private lives of homosexuals. Such approach by homosexuals gives an inverted picture of the situation, because in reality it is ideologists of homosexualism, who impose homosexual inclinations on people around them, and prevent parents from normally implementing their functions related to their children, thus intruding upon private lives of other people and infringing upon their rights.

Thus, the idea of holding gay parades to “protect one of the forms of a family” is false.

11. Groundlessness of assessing criticism of homosexualism and its propaganda as “homophobia”.

The discussion over gay parade legality is often accompanied by an incorrect polemic trick – labeling opponents of such events as “homophobes”: “homophobia is a result of intolerance to any dissent affecting both young people and adults. Aversion to any other sexual orientation has roots similar to fascism. Numerous homophobes, by the way, are latent homosexuals… A person can not step over moral norms, imbedded in his subconscious, and becomes an ardent opponent of what he likes most of all”260.

In this way the essence of the problem is substituted. Actually, those against homosexual way of life, convictions and inclinations, those protesting against imposition of homosexualism on them, have no “phobias” in relation to homosexuals.

“Phobia” means obtrusive state of fear under conditions of certain psychoses 261, reflecting a certain disease and psychopathological manifestations.

The term “homophobia” has no more content and ground, than similarly artificial term “heterophobia”. The term “homophobia” is totally artificial and is composed of two words for purposes of psychological manipulation. The first part of the structure, “homo” (Greek “homos” means equal, mutual, common) has nothing to do with sexual perversions. Direct interpretation of the word makes it meaningless. As was said already, homosexuals have similar basic rights with heterosexuals.

As a matter of fact, many people without special knowledge of medical terminology may associate the word “homophobe” (that is what promoters of the notion expect) with pathological aversion to human beings in general (“homo” in Latin is a human being). People identify negative attitude towards homosexualism with hostile and misanthropic attitude to people in general, which is a blatant lie.

In the past the so-called “gay culture” presented and positioned itself as something egalitarian, morally and esthetically provoking and avant-garde, aimed at a limited group of consumers, but today the “culture” is not only massively promoted among “the interested audience”, but is imposed on the majority of the population.

Under the conditions of categorical rejection of homosexualism by the overwhelming majority of the RF citizens it is easy to envisage the population response to homosexual imposition, to infringement on heterosexual rights to choose their world outlook, to have freedom of convictions and heterosexual orientation.

In the absence of legal grounds demanding from citizens to put up with violations of their rights through aggressive propaganda of homosexualism, ideologists of homosexualism had to use the “homophobe” ideological labeling.

As a matter of fact, it is proper to talk about social-moral imperatives to heterosexuality, inherent in any traditional culture and humanity as a whole.

The word “homophobia” is initially incorrect terminologically and contains deliberate substitution of meaning, relating negative attitude to homosexualism with psychic pathologies, seemingly characterizing people, who criticize promotion of homosexualism.

According to L.Lobanova: “The word “homophobe” has been in broad circulation and is used by adherents of political correctness as one of their favorite abusive labels. Many people use it broadly today without having any clear idea of its meaning. Homophobia is a term, meaning pathological violation, morbid aversion to homosexualism, originated from subdued fear of one’s own homosexualism. Nowadays the word is used in relation to everybody with the slightest bias against any homophile or slightest doubts about special rights, claimed by representatives of “victimized minority”262.

There are no grounds whatsoever to use the term “phobia” to describe principle disagreement with a homosexual way of life, behavior or convictions, the more so, any protest against infringement on rights of heterosexuals and imposition of homosexualism on them.

Promoters of homosexualism ignore this obvious fact and stick the above false label to all their critics.

“Internalized homophobia” is another false accusation by promoters of homosexualism, aimed at their critics263. The term “internalized homophobia” has absolutely nothing to do with psychological or medical theory or practice, being a false ideological label used for propaganda. This incorrect approach implies, that the world is devoid of heterosexuals and filled with overt or latent homosexuals only. If you follow such a perverted “logic”, all anti-racists are latent racists, all pacifists without any exception are, in truth, latent aggressive militarists. This is an obvious absurdity, and such arguments are psychologically manipulative.

Groundless attributing of psychic pathologies (phobias) to opponents of homosexualism is unethical and constitutes reasons for these opponents to seek legal action to protect their honor and personal dignity.

Owing to certain homosexual sympathizers in mass media, the term “homophobe” is persistently identified with the notion “extremist”, therefore if a person criticizing illegal imposition of homosexual ideology is called “homophobe” in public, under certain circumstances it may be qualified as slander.

As to attempts to hold a gay parade in Moscow, Muscovites made no demands to prohibit homosexual organizations. But certain ideologists of homosexualism took an aggressive proselyte stand and made provoking statements to confront Moscow city authorities on the issue of a gay parade in Moscow, May 2006, which was prohibited; as a result a significant part of the Moscow population responded with protests and picketed certain gay clubs in the spring of 2006, and the general resentment of homosexuals in the Russian society has grown. This conclusion is supported by words of a well-known representative of the homosexual community Boris Moiseev: “Such parades are not needed. You should not make gays look repulsive. We need tolerance, and such actions can only make broad masses angry. There are gay clubs and discotheques264.

Thus, assessing criticism of homosexualism and its propaganda, as “homophobia”, is ungrounded and false.

Recognition by the state of the right of persons to choose sexual orientation independently does not imply, that homosexuals have rights to impose their homosexual inclinations and convictions on heterosexuals and thus infringing on their rights, the more so, to promote homosexualism publicly among children.

Gay parades and other similar public events in accessible areas with unlimited number of people present, in the towns or settlements of the Russian Federation, constitute a provocation calling for insult of religious and moral sentiments, humiliation of human dignity of the RF citizens, violation of their rights and freedoms.

It is rightful for the state to restrict gay parades to protect public morality, human rights and freedoms.

“Gay parades” have nothing to do with protection of human rights and freedoms, protest against any discrimination; they present a subtle and cynical means of aggressive and obtrusive propaganda of homosexualism as normal and prestigious way of life, normal sexual relations and sexual behavior, including propaganda for commercial reasons.


Doctor sc. (Law), professor P. Kuliev

Doctor sc. (Law), professor М. Kuznetsov

Doctor sc. (Law) I. Ponkin

Doctor sc. (Law), professor А. Bogatyrev

Merited Scientist of the Russian Federation, Doctor sc. (Law), professor N.Mikhaleva

In the part related to assessment of gay parade influence and groundless application of the term “homophobia” to critics of homosexualism:

Doctor sc. (Psychology) V. Abramenkova

  
III. Социально-негативные подростково-молодежные субкультуры и движения

Каталог: biblioteka
biblioteka -> Клинические и организационно-методологические аспекты военно-врачебной экспертизы граждан, страдающих психическими
biblioteka -> Монография Л. И. Божович «Личность и ее формирование в детском возрасте»
biblioteka -> Тихомирова И. И. Программа Чтение: приоритетный проект в области культуры или повышение уровня грамотности?
biblioteka -> Значение культурно-исторической концепции л. С. Выготского для современных исследований психологии личности
biblioteka -> Методические рекомендации для педагогов образовательных учреждений по профилактике подросткового суицида
biblioteka -> Семья в психологической консультации
biblioteka -> Теоретические основы воспитания и развития духовности и субъектности личности
biblioteka -> Рбоо центр социально-психологической и информационной поддержки «Семья и психическое здоровье»

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