As the press service of the Association of Russian Lawyers for Human Rights said, that the State Duma of the Russian Federation defines the terms of the reviews, suggestions and comments up to 27 July 2015 to the committee on family, women and children on a draft law, which bans the right to marry of TG-people and found a family.
According to experts of the Association of Russian Lawyers for Human Rights, one proposal may be a requirement to cancel the draft law and complete discussion of the draft law, because the human rights are inalienable and belong to human by birth.
According to the lawyer and human rights defender Maria Bast, the first in the world in recent history may appear the social group that do not have the right to marry, and Russia will be the only country in the world, which is a group of people who will not be allowed to marry and have a family that unthinkable for the 21st century. The only parallel that can be done says the human rights defender, is Nazi Germany, where were the groups of people who could not marry and have a family. This draft law is the real threat for the already established families who live for 30-40 years and are happy, they have children, grandchildren and all of a sudden such a family is outside the law: it is a tragedy not just of one couple, and the whole family, all generations. According to Maria Bast, grandchild suddenly learn that their grandmother or grandfather made a correction of gender - a violation of privacy, medical privacy, a gross interference in people's lives, in the life of the family. According to expert, the Deputies families will face with the same problem, which they are prepared for the citizens. Maria Bast said, that in the Soviet Union there is no bans to correct gender, on the contrary, were institutions that conducted the gender studies, and sex reassignment was considered a medical secrecy and the people who carried out the correction of gender, had the same rights with others: to marry, create families, people live together until now.
According to expert of the Association of Alexander Ivanov, this draft law proposes, in fact, to discriminate the group of people by gender, and also to discriminate every person who is planning to marry, forced to, in the case of adoption of the law, to prove the presence or absence of sex reassignment . The specialist of the Association also notes that the draft law calls not to the depathologization of TG, but exactly the opposite. According to Alexander Ivanov, the graft law will lead to an unacceptable disclosure of medical confidentiality. In fact, it is a politically engaged draft law, which contrary to medical and science in general – only political speculation, said Alexander Ivanov. Also the authors of the draft law manipulate words about allegedly the "same-sex" marriage, but the authors deliberately misleading including the committee, because the gender of a person after correction is defined as medically and legally.
According to one of the activists, Andrei N., people who decide to make the correction does not want to permanently opened the medical information, confirmation.
The human rights defenders, experts, politicians said about the draft law – is the right of the state to interfere in the life of a citizen, to destroy the family, to discriminate against people based on gender.
Svetlana Gannushkina, a human rights defender, Chairman of the Committee "Civil Assistance"
- In my own practice I was a case where I helped a man who carried out the sex reassignment. Moreover, it was a foreign national who was granted citizenship on the basis that it was necessary to change gender, the man passed a psychiatric examination, which confirmed that it (sex reassignment ) Is necessary. This is done simply this: today I went somewhere, and came out a man tomorrow. This is a very serious examination. So, the man adjusted the floor. The woman is married and a very happy marriage. If we allowed, if we entrust it to psychiatrists, specialists conduct a serious examination. If this (sex reassignment) there are serious grounds, in this case, it is not permitted and is not done. I do not see what is right to think this to interfere! The man received the documents, he has the same rights as any other person. I do not understand why such discrimination. This is unacceptable, impossible, absolutely. There should not be anyone know that it happened. This information, the operation - completely confidential. It can only know a doctor. Documents are changed to another name. I see no legal possibilities to ban it. When a person with the new document appears in the registry office, for example, the staff of the registrar does not have the slightest idea of what once was a man of the opposite sex. A man is hanging on the forehead? Or, in your passport should be noted? If this is done, and done only under very specific indications, and these readings are analyzed serious medical commission, when this is done, the issue of information must be strictly avoided. It characterizes not transgender, and our thought. If once the Speaker said that the parliament - not a place for discussion, but now I can only repeat that I think - it's not a place where people think. First of all, it should be kept confidential.
Igor Medved, coordinator of HPLGBT
- Doing of the States lead to further infringement of the rights of transgender people worldwide. If we talk specifically about the bill "On Amendments to Article 14 of the Family Code of the Russian Federation", in addition to legal and technical shortcomings and contradictions of the draft law contrary to international law, it is not clear at all how and what positive changes the authors of the draft law want to achieve. Is it reasonable to create a ban for the ban? Is it necessary to transgender people in Russia? I think no. This is unacceptable when the state dictates and attempts to regulate the private lives of certain or all of their citizens.
Tatiana Sukhareva, feminist, politician
- I think a very disturbing signal that the state once again begins to interfere in the private lives of citizens. In this case, more harshly than it was in Soviet times. At the same time its functions to ensure the rights of citizens of the State does not comply. Personality does not feel safe. If a person is threatened or committed against a physical assault, the police is inactive. And who would be better off banning marriages of transgender people? Are marriages of TG-people biggest threat to Russia? And if people are already married and they have children? If a couple wants to stay together, if children do not want to part with anyone, why the government destroys a family? A happy family.
Angelina Sliphers, chief coordinator of the NGO "GI" T-EMA "
- According to the trans community in Ukraine and NGO "GOP" T-EMA "," the draft law violates Article 8 and 14 of at least Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, ie, "The right to respect for private and family life" and "prohibition of discrimination", respectively. Among other things, the project is contrary to the Constitution. Thus, Article 17 of the Russian Constitution says that "the rights and freedoms of man and citizen shall not violate the rights and freedoms of others", and the implementation of Trace persons the right to privacy does not infringe the rights of others, neither financial nor personal, nor any other area of life.
Also, the draft law provides for the future (as a means of implementing control and monitoring) labeling of people who have replaced (corrected) sex and change of documents, which violates Article 23 of the Constitution, ie, through labeling would violate the privacy of personal life.
Of course, it is the overall impression of the current draft law. But we believe that a more thorough study of Russian law you can find many other legal documents that will be violated Russian State Duma.
It is clear that the draft law violates international norms of law, the Constitution, the Family Code of the Russian Federation. It should also be borne in mind that the Constitution declared inalienable rights are up to the change of the relevant articles of the constitution, and that all the laws are secondary legal significance in comparison with the constitution.
Commentary of Lawyers of Legal Assistance Project transgender people:
- If the proposed legislative initiative is adopted, many transgender people in Russia can be completely deprived of their right to marry.
The full text of the statement prepared by the lawyers of Legal Aid Project transgender people, can be found here: http://pravo-trans.eu/zayavlenie-yuristov-proekta-pravovoj-pomoshhi-tran...