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ECHR decision on ‘Dima Yakovlev Law’ does not mean it should be revised — Justice Ministry

July 04, 21:05 UTC+3 MOSCOW

On January 17, 2017, the ECHR ruled that the law, that prohibits the adoption of Russian orphans by US citizens, violated Article 14 of the European Convention on Human Rights

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MOSCOW, July 4. /TASS/. The enacted decision of the European Court on Human Rights (ECHR), that recognized the "Dima Yakovlev Law" as discriminatory regarding the prohibition of Russian children’s adoption by US citizens, does not mean that it should be revised, the Russian Justice Ministry’s press service told TASS, responding to the agency’s request.

"In general, the provisions of the federal law ‘On enforcement actions against individuals involved in the violations of the basic human rights and freedoms and the rights and freedoms of the Russian citizens’ were not criticized by the European court for their difference with the established international practice. In light of this, the Justice Ministry does not consider any measures to revise the specified law," the Justice Ministry stressed.

On January 17, 2017, the ECHR ruled that the "Dima Yakovlev Law," that prohibits the adoption of Russian orphans by US citizens, violated Article 14 of the European Convention on Human Rights and that Russia should pay 3,000 euros in compensations to each of the plaintiffs who filed a lawsuit. The ECHR ruled that rights of the children had not been violated. The ruling was made after the study of the case "A.H. and Others v. Russia."

The ECHR noted that this referred to a lawsuit filed jointly by 45 US citizens "both personally and on behalf of 27 Russian children." After studying the case, the court ruled that "the prohibition of adoption discriminated adoptive parents in an illegal way," because it banned US applicants from adopting Russian children on the grounds of their citizenship.

The ECHR considered as unacceptable the complain that the ban had led to an inhuman treatment of children, as it had been proved that children had been given adequate medical treatment in Russia.

On July 4, the ECHR Grand Chamber declined the request filed by the Russian authorities to revise the ECHR’s decision on the case of A.H. and others v. Russia. "The refusal to satisfy the request filed by the Russian authorities to revise the ECHR ruling on the case of A.H. and others v. Russia is not open to appeal, for which reason the given ruling has entered into effect," the Justice Ministry concluded.

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