GENDER EQUALITY AND SOCIAL INSTITUTIONS IN

Russian Federation

Russia experienced extraordinary upheavals thoughout the 20th century. The Soviet system had some positive consequences for women, including access to education on an equal footing with men, salaried employment and the rejection of patriarchal traditions in some regions. Numerous problems remain, however, particularly in terms of violence against women and sexual harassment.

Family Code: 

The Russian Family Code protects women reasonably well, but discriminatory traditions persist in some regions. The minimum legal age for marriage is 18 years for both men and women. The local authorities can authorise marriage from the age of 16 years – and even earlier in some regions – if it is considered to be justified. Many Russian women marry young and early marriage appears to be common although not a pervasive problem. A 2004 United Nations report estimated that 11 per cent of Russian girls between 15 and 19 years of age were married, divorced or widowed. By law, marriage requires the free consent of both spouses, but does not need to be authorised by the bride’s family. In some regions where tradition remains strong (for example, Daghestan), consent of the bride’s family still carries heavy weight: brides are sometimes abducted if their parents express opposition to the marriage.

Polygamy is prohibited by Russia’s Family Code, but the practice remains common within the Muslim community, particularly in the Caucasus region. Only the marriage to the first wife is recorded; subsequent wives are not considered to be legally married. In 1999, the president of Ingushetia proposed the legalisation of polygamy, a measure supported by the majority of the population. The federal authorities prevented the law from being promulgated on the ground that regional legislation cannot run counter to federal laws.

The Russian Family Code provides for shared parental authority; mothers and fathers have equal rights and responsibilities within the family. If a couple cannot agree about the custody of the children in the event of divorce, a court makes the decision. In the vast majority of cases, custody is awarded to the mother. If a father fails to pay child support, a court can order it to be deducted directly from his salary. It is very difficult to enforce such court orders, in part because men often underestimate their earnings on income statements.

Russian women and men have the same legal inheritance rights.

 

Physical Integrity: 

The physical integrity of Russian women is poorly protected. The authorities have not taken sufficient action to combat violence against women and observers believe that such violence is on the rise. To date, there is no specific legislation to address violence against women: it is included within general legislation covering assault and other violent acts. Although there are no official statistics about domestic violence, it is known to be very common and a large number of Russian women are killed by their husbands. The police generally refuse to record complaints from abused wives. To provide some assistance, voluntary organisations have set up shelters for victims and confidential telephone helplines; they also offer legal advice and psychological counselling. Local authorities have established shelters for battered women in some cities, including St Petersburg, but there are no state shelters in Moscow.

In Russia, rape is punishable by three to six years in prison; sentences can be increased to 8 to 15 years if the victim is a minor under the age of 14 or if she dies. Victims must have their complaints recorded by the police and must obtain authorisation to be examined by a doctor. The police often obstruct the complaints procedure by deliberately postponing this authorisation until such time as the medical examination becomes useless in terms of collecting evidence. It is difficult to assess the incidence of rape in Russia. Because they receive no protection, victims are reticent to speak out and many withdraw their complaints under the threat of reprisals from the rapist.

A growing number of Russian women are trafficked to work as prostitutes in western Europe, Israel and eastern Asia. Some sources estimate that as many as half of these women are unaware that they are being recruited for prostitution, and are subsequently subjected to significant psychological and physical violence.

Sexual harassment in the workplace is very common in Russia. There is a lack of legal resources to address the issue and public opinion generally views it as a minor problem. Many women put up with such harassment for fear that they will not find another job. The high level of unemployment in Russia exacerbates the problems of trafficking of women and sexual harrassment in the workplace.

Female genital mutilation is not practiced in Russia, nor is there any evidence to suggest it is a country of concern in relation to missing women.

 

Ownership Rights: 

Russian legislation upholds equal ownership rights for women and men, but various restrictions limit their ability to acquire and administer assests. In general, women earn lower salaries than men, are more often unemployed, and remain responsible for the bulk of family obligations. These factors make it difficult for women to rise to management positions in the businesssector.

The Russian Civil Code provides equal rights to access to land and access to property other than land for men and women. All property acquired during a marriage is the couple’s joint property; unless their marriage contract states otherwise, it is split into two equal shares in the event of divorce. Each spouse retains ownership and management of property acquired before marriage or inherited after marriage.

Russian men and women have equal rights to obtain access to bank loans, but women often encounter significant restrictions.

 

Civil Liberties: 

Women’s civil liberties are guaranteed by Russian law, but still restricted by tradition in certain regions. In general, women have freedom of movement and freedom of dress. Married women are free to choose a job and spouses decide together where they will live. These liberties are restricted in regions such as the Caucasus, where the population is predominantly Muslim and patriarchal traditions allow husbands to exert an influence over their wives’ movements and dress.

Sources: 

CEDAW (Committee on the Elimination of Discrimination against Women) (1999), Consideration of Reports Submitted by States Parties Under Article 18 of the Convention on the Elimination of All Forms of Discrimination against Women: Russian Federation, Fifth Periodic Report on States Parties, CEDAW/C/Usdr/5, CEDAWNew York, NY.

International Helsinki Federation for Human Rights (2000), Women 2000: An Investigation Into the Status of Women’s Rights in the Former Soviet Union and Central and South-Eastern Europe-Russian Federation, International Helsinki Federation for Human Rights, Vienna.

US Department of State (2007), Country Reports on Human Rights Practices: Russia, US Department of State, Bureau of Democracy, Human Rights and Labor, Washington, DC.

UN (United Nations) (2004), World Fertility Report 2003, UN Department of Economic and Social Affairs, Population DivisionNew York, NY.