Dissemination or a threat of dissemination of personal information

under the Constitution is not yet considered an effective mechanism of legal protection, as the courts have repeatedly failed to apply the direct provisions of the Constitution.

In March 2021, two trans women entered a grocery store for shopping. The employee told them that the store was closed and did not serve them. Meanwhile, there was another customer in the store, who was being served at that moment. Another trans woman approached the cashier in the same shop to pay for groceries, but she was told that they did not serve her.

In January 2021, 3 people - 2 men and a woman, were sitting in a pub hugging each other. The pub manager approached them, threw the bill on the table, aggressively demanded that they paid, and left the pub. After leaving the pub, the manager stated that they did not want to have a gay customer, that they were bothering other customers, and that they shall not come to the pub anymore.

At the end of April 2021, the applicant was in a military hospital. Another soldier who was there asked for the applicant’s phone. After receiving it he examined the applicant’s personal videos without his consent and found videos of the applicant’s homosexual relationship. The soldier threatened the applicant that he would spread the information about the applicant’s sexual orientation, stated that he had downloaded the videos and that they were at his disposal. On the last day at the hospital, the soldier disseminated information about the applicant’s sexual orientation to other soldiers and doctors at the hospital. Other servicemen of the applicant’s military unit were in the hospital. The applicant was afraid that the information about his sexual orientation would be disclosed in his military unit and he would be discriminated against and put under pressure. A few days after returning to the military unit, it was not possible to contact the applicant with the phone number provided by him.

In the summer of 2021, a gay man was declared unfit for military service by disclosing his sexual orientation. After some time passed, the applicant’s grandmother, who works at the regional military commissariat of the applicant’s place of residence, informed the applicant that she was aware of the grounds on which the applicant had been declared unfit for the service. The applicant states that his grandmother was informed about it by the employees of the military commissariat. He suspects that one of the members of the commission did it.

The applicant’s grandmother informed about the applicant’s sexual orientation to the family members, after which the applicant’s mother demanded that he goes to deny him being homosexual and go serve in the army.