Постановление Европейского суда по правам человека от 21.10.2010 «Дело Алексеев (Alekseyev) против России» [англ.]

) cannot prevent the Court from exercising its duties in that regard in accordance with the Convention and established case-law.
84. In any event, the absence of a European consensus on these questions is of no relevance to the present case because conferring substantive rights on homosexual persons is fundamentally different from recognising their right to campaign for such rights. There is no ambiguity about the other member States' recognition of the right of individuals to openly identify themselves as gay, lesbian or any other sexual minority, and to promote their rights and freedoms, in particular by exercising their freedom of peaceful assembly. As the Government rightly pointed out, demonstrations similar to the ones banned in the present case are commonplace in most European countries. It is also worth noting that in the case of {Baczkowski} and Others it was the domestic authorities which first acknowledged the illegal nature of the ban initially imposed on similar marches, when the ban was quashed by the appeal court (cited above, § 22).
85. The Court is therefore unable to accept the Government's claim to a wide margin of appreciation in the present case. It reiterates that any decision restricting the exercise of freedom of assembly must be based on an acceptable assessment of the relevant facts (see, among other authorities, Christian Democratic People's Party, cited above, § 70). The only factor taken into account by the Moscow authorities was the public opposition to the event, and the officials' own views on morals.
86. The mayor of Moscow, whose statements were essentially reiterated in the Government's observations, considered it necessary to confine every mention of homosexuality to the private sphere and to force gay men and lesbians out of the public eye, implying that homosexuality was a result of a conscious, and antisocial, choice. However, they were unable to provide justification for such exclusion. There is no scientific evidence or sociological data at the Court's disposal suggesting that the mere mention of homosexuality, or open public debate about sexual minorities' social status, would adversely affect children or "vulnerable adults". On the contrary, it is only through fair and public debate that society may address such complex issues as the one raised in the present case. Such debate, backed up by academic research, would benefit social cohesion by ensuring that representatives of all views are heard, including the individuals concerned. It would also clarify some common points of confusion, such as whether a person may be educated or enticed into or out of homosexuality, or opt into or out of it voluntarily. This was exactly the kind of debate that the applicant in the present case attempted to launch, and it could not be replaced by the officials spontaneously expressing uninformed views which they considered popular. In the circumstances of the present case the Court cannot but conclude that the authorities' decisions to ban the events in question were not based on an acceptable assessment of the relevant facts.
87. The foregoing considerations are sufficient to enable the Court to conclude that the ban on the events organised by the applicant did not correspond to a pressing social need and was thus not necessary in a democratic society.
88. There has accordingly been a violation of Article 11 of the Convention.

II. Alleged violation of Article 13 of the Convention

89. The applicant complained under Article 13 of the Convention in conjunction with Article 11 of the Convention that he did not have an effective remedy against the alleged violation of his freedom of assembly. He alleged in particular that he had not had at his disposal any procedure which would have allowed him to obtain a final decision prior to the date of the planned demonstrations. Article



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