Armenian law enforcement bodies consistently fail to address a high number of violent acts against LGBTQIA+ persons on the grounds of the victim’s sexual orientation or gender identity, which ultimately instigates a climate of impunity and increases the potential for new assaults. Nobody was charged with the murder of a transgender woman killed in her flat in Yerevan on 20 August 2023. Attendants of the vigil in remembrance of the victim became the target of abuse and violence, despite the nearby presence of police officers who made no effort to identify the perpetrators.
Legal instruments
The right to privacy and family life requires the state to recognise and respect the person’s accepted sex, name, sexual orientation, sexual life and gender identification. A person’s body is considered the most intimate aspect of their personal life. The right to private and family life also guarantees the rights to self-development, to establish relationships with other people, to the effective realisation of personal relationships and to have a safe environment in the given community. Under Article 2 and Article 3 of the European Convention on Human Rights (ECHR), state authorities have a positive duty to protect individual’s physical and psychological integrity from assault and to establish and ensure adequate laws that enable the protection of persons from violent acts.
The Constitution of the Republic of Armenia, which is the supreme law of the country, respects and protects the basic rights and freedoms of human beings. It is noteworthy that the Constitution does not specifically mention sexual orientation and gender identity as the grounds for discrimination. In 2021, a domestic court found that the discriminatory banning of a gay man and two transgender persons from a sports club fell under the open list of discrimination grounds in the Constitution. However, this remained an isolated case which did not establish a precedent. Moreover, Armenia does not have separate anti-discrimination legislation, which would define discrimination and its comprehensive forms and create an effective remedy for the protection of the most vulnerable groups.
A positive step was taken in 2022 after the renewed Criminal Code of Armenia came into force. The legislation envisaged more severe punishment for crimes related to the victim’s gender identity.
Society under constant pressure
The Armenian Apostolic Church, to which almost 95 percent of the population belongs, rejects homosexuality as immoral. In recent years, representatives of the church have organised protest activities opposing any measures or steps aimed at protecting the rights of the LGBTQIA+ community. They are against any legislative amendments guaranteeing the rights of LGBTQIA+ individuals and consider them as attempts to undermine Armenian national values, the family and the church. Within this environment of intolerance and hatred, it is difficult for LGBTQIA+ people to live their lives openly. Remarkably, public officials frequently mention sexual minorities as threats to family values, national identity and national security.
Besides, educational organisations are vigorously involved in endeavours to change the sexual orientation or gender identity of individuals through ‘conversion practices’, which cause intense harm. Conversion therapy, which implies physical violence often by family members, religious rituals, ‘corrective rape’ and psychiatric therapies are openly promoted by psychologists and medical specialists as well.
On a social level, homophobia has been prevalent and deep-rooted in Armenian life for many centuries. Society is not psychologically ready to publicly face and be tolerant towards sexual minorities due to this widely- believed prejudice, an inheritance from Soviet influence.
As of 2023, civil society has documented a total of 68 hate crimes, with 49 of them classified as crimes against LGBTQIA+ individuals based on their sexual orientation and/or gender identity, including 17 cases of domestic violence. One each of the other three cases was attributed to xenophobia, anti-Christian and anti-female sentiment.
Usual living of LGBTQIA+ individuals
Currently, Armenia scores a lowly 9.16 per cent on a scale where zero indicates gross human rights violations and 100 percent is the greatest degree of equality under the law.
Gay people face frequent obstacles, for instance, a gay man was banned from donating blood, while another, who declared his sexual orientation during the recruitment process, was diagnosed as having a mental disorder and barred from compulsory military service. This record became an abiding barrier to employment. Gay men who served in the military have experienced blackmail, physical and mental abuse by both commanding officers and fellow soldiers.
In March 2023, patrol officers arrested a person who was suspected of using drugs. During the detention, the individual’s cell phone was confiscated, while the officers accessed his photos and discovered his homosexuality. After disclosure of this information, the detainee was denied the opportunity to make a phone call. Moreover, the police officers expressed hate speech and sexual insults towards him, such as the statement that all ‘faggots’ should be shot, and created an atmosphere of fear with their actions. The detainee was released after several hours; he filed a complaint with the prosecutor’s office, but this has not been addressed as yet.
In April 2023, armed police officers investigating suspected drug sales entered a nightclub where they subjected LGBTQIA+ people to degrading treatment, harassment and physical violence. For example, a boy wearing a short top and another boy with dyed yellow hair were the targets of mocking and insults. Some of them were arrested without acknowledgement of their rights, denied access to a lawyer and had to spend several hours in the police station, where they underwent humiliation and human rights infringements. An investigator has taken away one of the detainee’s phones and read private correspondence with his partner and examined intimate pictures against the individual’s will.
Access to healthcare, particularly for transgender persons, is another concern due to the absence of legal regulations and skilled medical specialists on gender reassignment surgery and hormonal therapy, which means that individuals cannot legally have these procedures in the country. The fact that Armenian medical faculties consider sexual minorities as having ‘mental disorders’, ‘sexual deviance’ or sexually transmitted diseases heightens stigmatisation.
LGBTQIA+ individuals experience regular abuse from family members and relatives as well. There are numerous cases of domestic violence against these community members. All these violent acts imperil their right to life, right to security and right to privacy and family life.
Many LGBTQIA+ people fear that reporting crimes against them will lead to further discrimination and humiliation due to public disclosure of their sexual orientation or gender identity; moreover, investigation of these crimes is usually ineffective.
Transgender persons experience a higher rate of discrimination as they are often rejected by their families and they have more difficulties obtaining education and finding employment, which increases their social marginalisation.
Towards better practice
Even though Armenia has a Human Rights Defender who observes the conditions of human rights and in case of violation the Defender may ask the authorities to redress it within a reasonable timeframe, their mandate is still limited. In 2023, the Defender received hardly any complaints about discrimination on sexual orientation, gender identity and sex characteristics, primarily due to the absence of comprehensive anti-discrimination legal provisions. To enhance the human rights situation of LGBTQIA+ individuals, a full equality mandate should be given to the Human Rights Defender and appropriate resources must be allocated to it.
Statutory bodies are obliged to ensure an environment in which LGBTQIA+ persons are protected from any kind of violation on the grounds of sexual orientation or gender identity. Any form of such violations must be properly investigated and the offenders must be punished.
In reviewed cases, state representatives breached sexual minorities’ rights; moreover, the state failed to offer effective legal protection for individuals affected by illicit actions of third parties.
The state should create a safe, non-discriminatory environment by promoting tolerance, countering hate speech, implementing an effective legal safeguard for the LGBTQIA+ community and engaging in awareness-raising activities on the importance of diversity by upholding particular actions in support of the Human Rights Defender and relevant civil society, with the aim to prevent and combat hate-motivated violence and discrimination.
This week we are delighted to publish a new post by Salome Abuladze, the blog’s regional correspondent for Caucasus. Her previous posts are available here, here, here, and here.
The GCHRP Editorial Team
