Russian Human Rights Law

The Constitutional Framework

The Constitution of the Russian Federation, adopted by popular referendum on 12 December 1993, establishes the rights and freedoms of man and citizen in Chapter 2 as a central element of the post-Soviet constitutional order. Article 2 declares that the individual, their rights and freedoms constitute the supreme value and that the recognition, observance, and protection of human and civil rights and freedoms is the duty of the state. This provision represents a fundamental departure from the Soviet constitutional tradition, which subordinated individual rights to the interests of the state and the collective.

Article 18 establishes the direct effect of constitutional rights, providing that the rights and freedoms of man and citizen are directly operative and determine the meaning, content, and application of laws, as well as the activities of the legislative and executive branches and local self-government. This principle enables individuals to invoke constitutional rights directly before courts and administrative bodies.

The Constitution guarantees a comprehensive catalogue of rights. Article 19 guarantees equality before the law and before courts, and prohibits discrimination on grounds of sex, race, nationality, language, origin, property or official status, place of residence, religion, beliefs, or membership of public associations. Article 20 guarantees the right to life; although the death penalty is not formally abolished, it has been effectively prohibited by a moratorium imposed by the Constitutional Court in 1999 and confirmed in 2009 pending the introduction of jury trials throughout the federation. Article 21 protects the dignity of the person and prohibits torture, violence, and cruel or degrading treatment or punishment.

Article 22 guarantees the right to liberty and personal inviolability, permitting arrest only by judicial decision and limiting pre-trial detention to forty-eight hours before court authorisation. Articles 23 and 24 protect the right to privacy and to the protection of personal data, including the right to confidentiality of correspondence, telephone conversations, and other communications. Article 27 guarantees freedom of movement and choice of residence within the territory of the Russian Federation, as well as the right to leave and return. Article 28 guarantees freedom of conscience and religion. Article 29 guarantees freedom of thought and speech, and prohibits censorship, while also listing circumstances in which the dissemination of information may be restricted by federal law.

Article 31 guarantees the right to assemble peacefully, without weapons, and to hold meetings, rallies, demonstrations, marches, and picketing, subject to prior notification requirements established by federal law. Article 30 guarantees the right to association, including the right to form trade unions. Article 35 guarantees the right to private property. Article 40 guarantees the right to housing. Article 41 guarantees the right to health protection and medical care. Article 43 guarantees the right to education, including compulsory basic general education and free higher education on a competitive basis. Article 42 guarantees the right to a favourable environment and to reliable information about its condition.

The Human Rights Commissioner

The Human Rights Commissioner of the Russian Federation (Уполномоченный по правам человека в Российской Федерации), established by federal constitutional law in 1997, is an independent state official appointed by the State Duma for a term of five years. The Commissioner examines complaints concerning decisions or actions of state bodies, local self-government bodies, officials, and civil servants that violate the rights and freedoms of individuals. The Commissioner has the power to conduct investigations, request information and documents from state bodies, and propose legislative reforms. The Commissioner may also apply to the Constitutional Court to challenge laws that violate human rights, and may petition the European Court of Human Rights. Regional commissioners operate in most constituent entities of the federation.

Restrictions on Human Rights

Article 55(3) of the Constitution provides that human and civil rights and freedoms may be restricted only by federal law and only to the extent necessary to protect the foundations of the constitutional order, morality, health, rights, and lawful interests of others, and to ensure the defence of the country and the security of the state. Article 56(3) establishes an absolute prohibition on the restriction of certain rights, including the right to life, the right to dignity, the right to privacy, and the prohibition of torture and slavery, even during a state of emergency.

Judicial Protection

The Constitutional Court of the Russian Federation has jurisdiction to hear complaints concerning violations of constitutional rights by laws applied in specific cases. The constitutional complaint procedure, governed by the Federal Constitutional Law on the Constitutional Court, permits individuals to challenge the constitutionality of a federal law that has been applied or is subject to application in their case. If the Court finds the law unconstitutional, it loses force and may no longer be applied. The ordinary courts, including courts of general jurisdiction and the Supreme Court, also enforce constitutional rights through administrative, civil, and criminal proceedings.

International Human Rights Treaties and the 2020 Amendments

Russia is a party to the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the European Convention on Human Rights, and other core international human rights treaties. The ECHR was given direct effect in Russian law, and the Russian Constitutional Court recognised the binding force of European Court of Human Rights judgments. However, the 2020 constitutional amendments introduced a provision establishing the primacy of the Russian Constitution over decisions of international courts. The Federal Law on the Constitutional Court, amended in 2015 and further in 2020, authorises the Constitutional Court to determine whether a judgment of an international human rights court is enforceable in Russia if it conflicts with the Constitution. Russia was expelled from the Council of Europe in March 2022 following its military action in Ukraine, and the ECHR consequently ceased to apply to Russia as of 16 September 2022.