Nepomnyashchiy and Others v. Russia, Nos. 39954/09 e 3465/17, ECtHR (Third Section), 30 May 2023

Homophobic hate speech against the LGBTI community by high-ranking politicians. Violation of prohibition of discrimination and right to respect for private life.

Art. 8 ECHR
Art. 14 ECHR

1. Negative stereotyping of a group, when it reaches a certain level, is capable of impacting on the group’s sense of identity and the feelings of self-worth and self-confidence of members of the group. It is in this sense that it can be seen as affecting the private life of members of the group, who therefore, although not directly targeted by the contested statements, can be considered victims within the meaning of Article 34 of the Convention.

2. It is of crucial importance that politicians, including parliamentarians, avoid making statements promoting hatred or intolerance in their public speech. Politicians must take particular care to defend democratic principles.
(The applicants, four LGBTI rights activists, complained about the violation of their right to respect for private life and the prohibition of discrimination following the statements made by high-ranking officials in interviews given to the newspapers at two different times. Although they had not been personally named in the statements, they argued to be directly affected being activists and members of the LGBTI community. At domestic level, the applicants’ criminal complaints where not followed by any proceeding and a civil complaint was also unsuccessful. The Court found a violation of Article 8 in conjunction with Article 14 given the domestic authorities’ failure to fulfil their obligation to respond adequately to homophobic statements).