The case concerns the failure of Russian authorities to adequately respond to and investigate incidents where personal data of three LGBTI individuals was disclosed without their consent on social media platforms in a discriminatory and homophobic context. The European Court of Human Rights found that Russia violated Article 14 (prohibition of discrimination) in conjunction with Article 8 (right to respect for private life) of the European Convention on Human Rights by failing to protect the applicants from discrimination based on their sexual orientation. The key provisions of the decision include:
- The Court emphasized that sexual orientation-based discrimination requires particularly convincing justification and states have a narrow margin of appreciation in such cases
- The authorities failed to conduct effective investigation into the homophobic motives behind the disclosure of applicants’ private data
- The Court noted that LGBTI community in Russia is particularly vulnerable and requires special protection from discriminatory treatment
- The Court awarded each applicant €7,000 in non-pecuniary damages
The most important aspects for practical application are:
- States have a positive obligation to protect individuals from discrimination based on sexual orientation, including in relations between private individuals
- When investigating privacy violations against LGBTI persons, authorities must specifically examine potential homophobic motives
- The vulnerability of LGBTI community requires heightened protection from stigmatizing statements and discriminatory actions
- Non-consensual disclosure of information about sexual orientation falls within the protected sphere of private life under Article 8
