LEGAL PROTECTION OF VIOLATED RIGHTS AND THE ATTITUDE OF LAW ENFORCEMENT BODIES

The Republic of Armenia must conduct a proper investigation to restore the violated rights of LGBT people. As a result of the adoption of laws, policies, and other legal changes, the state should create mechanisms to investigate the harassment, punish the perpetrator, and compensate for the damage caused to the victim. At the same time, the effectiveness of the mechanisms must be ensured. The use of these mechanisms should be accessible to victims; investigators should externally exercise reasonable diligence, avoid double victimization, and receive regular training to obtain compassionate and non-discriminatory approach skills. At present, the Republic of Armenia does not have a separate legal act on the prevention of discrimination. The draft law “On Ensuring Equality”50 was put up for discussion by the RA Ministry of Justice in 2018 but has not been adopted yet. The RA Criminal Code envisages punishment for human rights violations that are combined with discrimination51. In response to the inquiry sent by the organization, the RA Police stated that no case has been filed under this article since its adoption, which means that this criminal mechanism for punishing discrimination is not effective not only in cases of discrimination based on sexual orientation or gender identity but in general. Violations of LGBT rights are widespread, they take place in the capital Yerevan, in different cities and villages of the RA regions, LGBT people of different ages, social status, employment, and preferences are discriminated against. Nevertheless, LGBT people are not inclined to resort to legal protection mechanisms. They explain the lack of this inclination with several main reasons.

*Information provided by the Police

50 Draft laws and draft of related laws of the Republic of Armenia on “National Minorities” and “Ensuring Equality”. https://www.e-draft.am/projects/1801/about. 51 The RA Criminal Code, article 143. http://www.parliament.am/legislation.php?sel=show&ID=1349&lang=eng.