Une condamnation à « l’inexistence » : la « dictature des lois » et l’interdiction de la propagande des relations sexuelles non traditionnelles auprès des mineurs en Russie

• Main Author: Olga Zdravomyslova
• Format: Article
• Language: fra
• Published: L’Harmattan 2015-04-01
• Series: Droit et Cultures
• Subjects: Dictatorship of Laws; Homosexuality; Orthodox Church; Russia; Sexuality; Traditional norms
• Online Access: http://journals.openedition.org/droitcultures/3558
• ISSN: 0247-9788; 2109-9421

Two interconnected trends characteristic for today Russia are analyzed. First tendency – emphasizing of the role of Law – the «dictatorship of Laws» (according Putin’s expression) which means a political strategy that replaced the strategy of building a rule-of-law state in Russia, proclaimed in the late 1980s. The second tendency – searching for values that distinguish Russia from West. The order and specific Russian values are associated with adherence to traditional norms of conduct, consecrated by the Orthodox Church. These norms are fixed and strengthened by means of law-making initiatives of the State Duma of the Russian Federation such as Conception of the State Family Policy of the Russian Federation until 2025 as well as the Law on Offending Religious Feelings of the Faithful and the Law on the Prohibition of Propaganda of «Non-Traditional Sexual Relations» among Minors – both laws were taken by the State Duma and signed by the Russian President on June 2013. All three documents as a whole constitute an ideological discourse that not only tends to dominate the public sphere but claims a monopoly there. However, such law-making initiatives intended to consolidate the Russian society on the basis of traditional ideas and give a «model for the social reality» are causing opposition, creating new conflicts and strengthening social inequalities. The article examines the main features and characteristics of the conflict over the problem of discrimination against persons of «non-traditional sexual orientation» and of the rights of homosexuals. Presented on public discussion these themes generate, on the one hand, a moral panic and aggressive rejection and, on the other hand, the desire to «close» the debate, to withdraw from the public sphere both the problem itself and the sexual minority appealing to the right and representations about equality. The author argues that the latent function of a «dictatorship of the laws» is its focus on shaping a solidarity model based on selective exclusion of individuals and groups.