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10.06.2008

Family Code in this form violates the rights of homosexuals to conclude same-sex marriages, makes these marriages impossible.

Activists of Karelian Regional Department of the Youth Human Rights Group have filed a complaint to the Russian Federal Constitutional Court requesting the examination for unconstitutionality of the Paragraph 1 Article 12 of the RF Family Code about the requirements for conclusion of a marriage, and have demanded to withdraw this article.

Paragraph 1 Article 12 of the RF Family Code about the requirements for conclusion of a marriage states that “mutual agreement of a man and a woman to enter into marriage… are requirements for conclusion of a marriage” According to this legal norm , representatives of LGBT community i.e. gays and lesbians are not allowed to conclude a marriage. Family Code in this form violates the rights of homosexuals to conclude same-sex marriages, makes these marriages impossible. We consider that this legal norm is discriminative and does not agree with the spirit and letter of Article 19 of the RF Constitution, which establish that “all people are equal before law and in a court of law”, that “the state shall guarantee the equality of the rights and liberties of a human being and citizens“ . Besides, “ all forms of restriction of civil rights on account of social status, race, nationality, language or religion are banned”, and ”a man and a woman enjoy equal rights and liberties and equal opportunities to realize them”. We consider that the following formulation correspond to Article 19 of the RF Constitution: “mutual agreement of citizens to enter into marriage is required to conclude a marriage” We file the demand to the Constitutional court 1. To acknowledge unconstitutionality of the Paragraph 1 Article 12 of the RF Family Code, and 2. To withdraw this article.
Karelian Regional Department of the Youth Human Rights Group

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