RUSSIA RELIGION NEWS


Rights advocate criticizes Supreme Court ruling on parental rights

SUPREME COURT ADOPTS ORDER PERMITTING DENIAL OF PARENTAL RIGHTS FOR INVOLVING CHILDREN IN ACTIVITY OF BANNED ORGANIZATIONS

SOVA Center for News and Analysis, 15 November 2017

 

On 14 November 2017, the plenum of the Russian Supreme Court adopted order No. 44, "On the practice of application by courts of legislation in resolving disputes connected with protection of the rights and legal interests of a child when there is an immediate threat to its life or health and also in restricting or denying parental rights."

 

Among other things, the Supreme Court supplemented a list of actions falling under the definition of "abuse of parental rights," which, according to article 69 of the Family Code are grounds for denying parental rights but which the article does not explain in any way.

 

The first explanation of this determination was given by the Supreme Court back in 1998, when it looked like this: "It should be understood as an abuse of parental rights to use these rights to the detriment of the interests of children, for example creating impediments to education and encouraging panhandling, theft, prostitution, use of alcoholic beverages or drugs, and so forth."

 

Now the explanation looks like this: "It should be understood that it is an abuse of parental rights to use these rights to the detriment of the interests of children, for example, creating hindrances to education; involving them in gambling; or encouraging vagrancy, panhandling, theft, prostitution, use of alcoholic beverages, drugs, or psychotropic substances, or potentially dangerous psychoactive or intoxicating substances; or involving them in activity of a public or religious association or other organization with regard to which a court decision has taken effect regarding the liquidation or prohibition of its activity (article 9 of the federal law of 25 July 2002, 'On combating extremist activity' and article 24 of the federal law of 6 March 2006, 'On combating terrorism')."

 

From our point of view, inclusion in the list of grounds for denying parental rights of the involvement of children in the activity of banned organizations may lead to illegal actions by authorities. We recall that in Russia, a whole bunch of religious associations and organizations of a political type have been banned on dubious grounds. Among them, for example, are the chief organization and local congregations of Jehovah's Witnesses, "Tablighi Jamaat," "Nurdjular," "Hizb ut-Tahrir," the National-bolshevik party, the "Army of people's will," and the "Artpodgotovka" movement.

 

We note also that the concept "involving children in the activity of an organization" is not defined in legislation, which creates possibilities for its expansive interpretation by law enforcement agencies and courts. In addition, the Supreme Court did not even indicate that denial of parental rights should be preceded by a sentence of a court for involving a child in the activity of a banned organization. It is not entirely clear on what basis it was this kind of activity that the Supreme Court singled out for denial of parental rights and not some other kind of activity that is forbidden by law.

 

Thereby believers and political activists find themselves in a situation where criminal accusations of participation in banned organizations may be illegally advanced against them but also their children may be taken out of a family without weighty reasons. Even in the case that the Supreme Court's order would not be broadly applied in practice, it creates an additional "preventive" instrument of pressure on citizens prompting them to refrain from faith and other convictions or to abstain from protest activity that are displeasing to the authorities. (tr. by PDS, posted 15 November 2017)

 


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