Pryanishnikov v Russia (App. No.25047/05), judgment of 10 September 2019—Setting the Foundations for Human Rights Discourse on Pornography

Beattie, Tara

Pryanishnikov v Russia (App. No.25047/05), judgment of 10 September 2019—Setting the Foundations for Human Rights Discourse on Pornography

Beattie, Tara

Authors

Tara Beattie

Abstract

Pryanishnikov v Russia represents the first occasion on which anyone within the European Court of Human Rights has addressed the matter of gender equality and (extreme) pornography to any degree of significance. This case analysis explores Judge Pinto’s lengthy Concurring Opinion thereon, which aimed to set down principled guidelines for the Court’s approach to pornography proscription on the basis of women’s rights interests. This analysis focuses on two arguments made within the Opinion: namely, that the Court’s current, "permissive" approach to pornography conflicts with international norms, and that Member States have a positive obligation to prohibit "extreme" pornography. It finds that these conclusions are overstated. By breaking down and rebuilding the Opinion’s precepts, this analysis seeks to provide the groundwork upon which a more robust, human-rights based discussion of the impact of (extreme) pornography, and regulatory responses thereto, can take place.

Citation

Beattie, T. (2019). Pryanishnikov v Russia (App. No.25047/05), judgment of 10 September 2019—Setting the Foundations for Human Rights Discourse on Pornography. European Human Rights Law Review, 6, 654-662

Journal Article Type	Article
Online Publication Date	Dec 31, 2019
Publication Date	2019
Deposit Date	Jan 6, 2020
Publicly Available Date	Dec 31, 2020
Journal	European Human Rights Law Review
Print ISSN	1361-1526
Publisher	Sweet and Maxwell
Peer Reviewed	Peer Reviewed
Volume	6
Pages	654-662
Publisher URL	https://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?productid=6823&recordid=388

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Copyright Statement
This is a pre-copyedited, author-produced version of an article accepted for publication in European human rights law review following peer review. The definitive published version Beattie, Tara (2019). Case Analysis Pryanishnikov v Russia (App. No.25047/05), judgment of 10 September 2019—Setting the Foundations for Human Rights Discourse on Pornography. European Human Rights Law Review 6: 654-662 is available online on Westlaw UK or from Thomson Reuters DocDel service.