For citation:
Ilashov D. B. The Prohibition of Discrimination Based on “Attitude to Religion” – a Guarantee of Realization of the Constitutional Principle of Equality of Rights and Freedoms of Man and Citizen, Regardless of Attitudes Towards Religion in the Russian Federation. Journal Izvestiya of Saratov University. Economics. Management. Law, 2019, vol. 19, iss. 1, pp. 114-118. DOI: 10.18500/1994-2540-2019-19-1-114-118
The Prohibition of Discrimination Based on “Attitude to Religion” – a Guarantee of Realization of the Constitutional Principle of Equality of Rights and Freedoms of Man and Citizen, Regardless of Attitudes Towards Religion in the Russian Federation
Introduction. The article considers the prohibition of discrimination on the basis of “attitude to religion” in the context of the content of the constitutional principle of equality of rights and freedoms of man and citizen regardless of attitude to religion. Discussion. The author of the article attempts to determine the legal nature of the prohibition of discrimination based on “attitude to religion”. The author carries out the analysis of the legislation of the Russian Federation for the presence of the considered ban on discrimination. The decisions of the European court of human rights on discrimination of religious belief are investigated. The structure of subjects and objects of discrimination on the basis of “attitude to religion” is defined, forms and methods of such discrimination are listed. Conclusion. The nature of the prohibition of discrimination based on “attitude to religion” in the context of the constitutional principle of equality of rights and freedoms of man and citizen, regardless of attitude to religion has been determined. The difference in the resolution of court disputes on discrimination based on “attitude to religion” in the international and Russian judicial systems is noted.
- The Constitution of the Russian Federation (adopted by the popular vote of 12.12.1993) (amended of 30.12.2008 no. 6-FKZ, of 30.12.2008 no. 7-FKZ, of 05.02.2014 no. 2-FKZ, of 21.07.2014 no. 11-FKZ)]. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2014, no. 31, art. 4398 (in Russian).
- The UN Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief (Adopted by General Assembly resolution 36/55 of 25 November 1981). ATP «Consultant» [electronic resource] (in Russian).
- Code of the Russian Federation on Administrative Offences of 30.12.2001 no. 195-FZ (an edition of 03.08.2018]. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2002, no. 1 (pt. 1); 2018, no. 32 (pt. 2), art. 5119 (in Russian).
- The Labor Code of the Russian Federation of 30.12.2001 no. 197-FZ (an edition of 03.08.2018). Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2002, no. 1 (pt. 1), art. 3; 2018, no. 32 (pt. 1), art. 5108 (in Russian).
- On Freedom of Conscience and on Religious Associations. Federal Law of 26.09.1997 no. 125-FZ (an edition of 05.02.2018). Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 1997, no. 39, art. 4465; 2018, no. 7, art. 975 (in Russian).
- Judgment of the European Court of Human Rights of 31.07.2008 in the Case «Religious Community of Jehovah’s Witnesses and others V. Austria (Religionsgemeinschaft der Zeugen Jehovas and Others)» (complaint no. 40825/98). ATP «Consultant» [electronic resource] (in Russian).
- Convention for the Protection of Human Rights and Fundamental Freedoms (Concluded in Rome 04.11.1950) (rev. 13.05.2004) (Together with the «Protocol» no. 1 (signed in Paris 20.03.1952), «Protocol no. 4 on Ensuring Certain Rights and Freedoms in Addition to Those Already Included in the Convention and its Аirst Protocol » (signed in Strasbourg 16.09.1963), «Protocol № 7» (signed in Strasbourg 22.11.1984). ATP «Consultant» [electronic resource] (in Russian).
- The Decision of the Supreme Court of 20.04.2017 no. ACPI 17-238. ATP «Consultant» [electronic resource] (in Russian).
- The Decision of the Constitutional Court of the Russian Federation of 14.07.2015 no. 21-P. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2015, no. 30, art. 4658 (in Russian).