Article 19 of the Russian Constitution guarantees equality before the law and in the courts, and provides that the state shall guarantee equality of rights and liberties regardless of sex, race, nationality, language, origin, property or employment status, residence, attitude to religion, convictions, membership of public associations or any other circumstance. This provision guarantees that Russian Federation law should apply to all citizens equally roundabout to citizens should be treated equally before the courts. It does not however prohibited Discrimination by state agents or non-state agents. The Constitution under Article 19, paragraph 3, guarantees men and women equal rights and liberties and equal opportunities for their pursuits.

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There is however little domestic law prohibiting discrimination in Russia there therefore limited legal recourse available to citizens who suffer discrimination by state agents. The Russian Federation is a signatory to the Convention on the Elimination of all Forms of Discrimination (CERD) (see UN law 8.6 – Discrimination). The Committee on the Elimination of All Forms of Racial Discrimination welcomed the introduction of law on incitement to racial and religious hatred in its Concluding Observations to the Russian Federations 14th periodic report under the Convention on the Elimination of All Forms of Discrimination. Article 282 of the Criminal Code, which came into force in the Russian Federation in January 1997, prohibits incitement to hatred on national, racial or religious grounds.

The Constitution, under Article 28, guarantees freedom of religion, Article 14 guarantees that no religion may be instituted as state-sponsored or mandatory, and it also ensures equality of all religions before law. In 2001 President Putin sought stricter and more consistent application of federal laws, and attempted to persuade different regions to conform to the Constitution on freedom of religion but the situation still remains difficult.

Analysis provided by: Anisa Niaz LLM (Public Law), United Kingdom.

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