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What is going on with the draft law on the prohibition of transgender transition and prohibition of changing the gender marker in documents? We share official responses from the initiators of the draft law.
Earlier, LGBT World Beside volunteers sent more than 360 official appeals – to each initiator of the bill. The appeals stated that this draft law contradicts the law, has no scientific substantiation, and carries risks to people’s health. Independent professional communities openly declare that this draft law is misanthropic. The full text of the appeal is available here.
So far, there have been 43 responses to the appeals, many of which are formal replies. Sometimes signatures of some deputies were bigger than their answers. There is not a single answer on the essence of the problems raised in the appeal. However, such answers are precisely the evidence of 1) the real attitude of the initiators of the bill to the LGBTIQ+ community and 2) the level of professional competence of the deputies with which they approach the issues under consideration.
One month has passed since the first reading of the draft law was approved. This once again proves how quickly and thoughtlessly this draft law was introduced, which caused serious criticism and concern, including from the legal and medical professional community. The draft law was prepared without any consultations with the LGBTIQ+ community, lawyers and psychiatrists. It is likely that amendments and additions will also be hastily made to the text of the bill before the second reading, so the uncertainty of the legal implications at the moment remains. The date of the planned second reading has not yet been set, but some deputies express a willingness to consider the bill by July 30, 2023.
Therefore, before the possible second reading of the transphobic bill, we would like to give readers examples of the real state of affairs.
Some lawmakers are frankly surprised in their official answers to the fact that they are the initiators of the transphobic bill. These circumstances only confirm the formal approach to collecting signatures and voting on the issues of the bill.
The State Duma
of the Federal Assembly of the Russian Federation of the 8th convocation
State Duma
Lawmaker
26 June 2023 No.GAE-5/1201
Dear Denis!
Thank you for your appeal.
I do not understand why you consider me the initiator of the draft laws you have mentioned. Please, justify it.
Henceforth, please indicate your phone number for feedback.
The State Duma of the Federal Assembly Deputy [Kind regards, signature] A.E.Glazkova
Some initiators of the draft law repeat the text of the explanatory note and do not respond to the substance of the problems raised. These circumstances confirm that the draft law has exclusively political and ideological purposes and has nothing to do with the regulation of the fundamental right to medical care.
The State Duma
of the Federal Assembly of the Russian Federation of the 8th convocation
State Duma
Lawmaker
27 June 2023 No. IOI-5/170
Dear Dmitry!
Your appeal dated by 26.06.2023 No. вх2.8-15-135579, received by the State Duma of the Federal Assembly of the Russian Federation, has been considered.
Bill No. 369814-8 “On Introducing Amendments to the Federal Law “On Acts of Civil Status” and the Federal Law “On the Basics of Public Health Protection in the Russian Federation” will be considered in accordance with the Constitution of the Russian Federation and the Regulations of the State Duma of the Russian Federation.
The Constitution of the Russian Federation establishes the foundations of the state system and policies of the Russian Federation, including the health care and interpersonal relations between people.
The state policy, among other things, is aimed at protecting traditional values based on provisions of the Constitutions and domestic legislation. Thus, the National Security Strategy of the Russian Federation, approved by the Decree of the President of the Russian Federation No. 400 dated by July 2, 2021 “On the National Security Strategy of the Russian Federation” (hereinafter referred to as the National Security Strategy) refers the protection of traditional ethical foundations of Russian society to the issues of vital importance.
The Decree of the President of the Russian Federation No. 809 dated by November 9, 2022 “On the Approval of the Foundations of State Policy for Maintaining and Strengthening of Russian Traditional Ethical Values” determines that one of the legal instruments for the implementation of the state policy on maintaining and strengthening of traditional values is the improvement of the regulatory framework at the federal level.
Best regards, [signature] O.I. Ivaninsky
Most of the replies received call the justified criticism of the draft law merely “speculation and suggestions” and recommend to address not to deputies but to the court. In addition, some of the answers contain the wording that the draft law was checked by the Legal Department of the State Duma of the Russian Federation for compliance with the legislation. However, the conclusion of the Legal Department of the State Duma of the Russian Federation does not contain any justification. This also confirms the lack of actual interest of the initiators of the draft law in communication and discussion of problems with the community.
The State Duma
of the Federal Assembly of the Russian Federation of the 8th convocation
State Duma
Lawmaker
28 June 2023 No. OMK-5/175
Dear Dmitry!
You appeal dated by 28.06.2023, received by me as a deputy of the State Duma of the Russian Federation, has been considered.
The arguments and suggestions set out in your letter have been sent to the relevant committee (the State Duma committee on Health Care) for more detailed consideration, taking the necessary measures and further work to improve Russian legislation on the issues outlined in the letter.
Best regards, [signature] O.M. Kazakova
The responses of the initiators of the transphobic draft law, who support its adoption, are particularly puzzling. In their official responses, they indicate that they are heads of committees on other issues and admit that they do not deal with health issues. Nevertheless, it is these same deputies who are still in favor of the adoption of the transphobic draft law.
The State Duma
of the Federal Assembly of the Russian Federation of the 8th convocation
COMMITTEE ON THE DEVELOPMENT OF THE RUSSIAN FAR EAST AND ARCTIC
28 June 2023 No. 3.20-24/282
Dear Dmitry!
The State Duma Committee on the development of the Russian Far East and Arctic has considered your appeal on the enactment of the draft of Federal Law No. 369814-8 “On Introducing Amendments to the Federal Law “On Acts of Civil Status” and the Federal Law “On the Basics of Public Health Protection in the Russian Federation”, introduced by deputies of the State Duma V.V. Volodin, V.A. Vasiliev, G.A. Zyuganov, S.M. Mironov and others, and reports the following.
The procedure of activity of the State Duma of the Federal Assembly of the Russian Federation is determined by the Constitution of the Russian Federation, federal constitutional laws, federal laws and the Regulations of the State Duma of the Federal Assembly of the Russian Federation approved by the Resolution of the State Duma of the Federal Assembly of the Russian Federation of January 22, 1998 No. 2134-II SD (hereinafter referred to as the Regulations).
According to the Article 111 of the Regulations, the procedure of preparing a draft law for consideration by the State Duma is considered by a responsible Committee in accordance with its competence and an approximate program of work on legislation of the State Duma for the current session.
Since the State Duma Committee on Health Care has been designated as the responsible executor for this bill, your proposals cannot be implemented within the competence of The State Duma Committee on the development of the Russian Far East and Arctic.
Considering the above, your appeal is accepted by the Committee and is sent to the State Duma Committee on Health Care.
In conclusion, we thank you for the striving for constructive interaction and cooperation with the federal legislative authorities and the attention shown to the problems of improvement of legislation in this area.
Best regards,
Chairman of the Committee [signature] N.M. Kharitonov
We hope that the bill to ban transgender health care and prohibit changing gender markers on documents will not be considered in July and will eventually be withdrawn. The news will be updated as we receive official responses to the petitions. You can contact LGBT World Beside volunteers for copies of the lawmaker’s responses.
At the same time, legal regulation continues with the adoption of bylaws related to the LGBTIQ+ community in Russia. Thus, as of July 1, 2023, an order of the Ministry of Health of the Russian Federation came into force, according to which the duties of a sexologist in psychiatric hospitals and psychoneurological dispensaries include “providing primary specialized medical and sanitary care to persons suffering from mental disorders related to sexual development and orientation, disorders of sexual identity and sexual preference” (Order of the Ministry of Health of the Russian Federation No. 668n of October 14, 2022, “On Approval of the Procedure for Providing Medical Care in Mental Disorders”).
Material prepared by
Dmitry Denisov (lawyer, volunteer)