Belarus: Recent legal provision targets LGBTIQ+ expression through “propaganda” restrictions

On 15 April 2026, Law No. 138-Z, "On Amendments to the Codes on Administrative Liability", was signed into law. It introduced sanctions for the so-called "propaganda of homosexual relations, gender transition, childlessness and paedophilia". The law has been in force since 19 June 2026.

Article 19.16 was introduced into the Code of Administrative Offences through a bill submitted to Parliament by the Council of Ministers in 2025. It establishes administrative liability for the "dissemination of information in any form aimed at forming in citizens ideas about the attractiveness of homosexual relations, gender transition or childlessness, or at recognising paedophilia as acceptable". The provision stigmatises same-sex relations, gender transition and the choice not to have children, by grouping them with paedophilia within a single administrative offence.

Part 1 of the article penalises the dissemination of such information regardless of the recipient's age, while part 2 applies to cases in which a minor is exposed to it. For individuals, part 1 provides for a fine of up to 20 basic units (approximately 270 Euros), while part 2 provides for a fine of 20-30 basic units (approximately 270-410 Euros), community service or administrative detention for up to 15 days. For legal entities, fines amount to 100-150 basic units (approximately 1,370-2,060 Euros) under part 1 and 150-200 basic units (approximately 2,060-2,740 Euros) under part 2.

Belarusian legislation already restricts LGBTIQ+-related content through several measures, including its classification as pornography or extremist material and its inclusion in the Republican List of Extremist Materials. Article 19.16 introduces a separate administrative offence that does not require the material or resource in question to have been previously designated "extremist" or included in the Republican List of Extremist Materials. Furthermore, the legislation does not define the terms "homosexual relations", "childlessness" or "attractiveness", while the concept of "propaganda" remains vague and lacks objective, verifiable criteria.

This creates legal uncertainty and gives the authorities broad discretion in interpreting and applying the provision, with the risk that it could be extended to virtually any form of expression, including expert analysis, documentation activities, human rights work and advocacy, educational materials, artistic expression, as well as private statements and publications.

The Observatory condemns the systematic repression and ongoing persecution of LGBTIQ+ people and calls on the Belarusian authorities to immediately repeal this legal framework, targeting LGBTIQ+ persons through degrading narratives portraying them as dangerous, undesirable and lacking social legitimacy.

The Observatory also expresses deep concern about the implications of the provision for human rights defenders and civil society organisations, as it risks undermining their ability to document violations, support affected individuals and carry out legitimate human rights work. Its effects could extend beyond the LGBTIQ+ community, restricting public debate on fundamental aspects of private life and hindering advocacy on equality, privacy, women's rights and LGBTIQ+ rights, as well as the dissemination of information on sexual and reproductive health education and family planning, feminist perspectives and artistic works.

The Observatory recalls that, in 2024, the Ministry of Culture of Belarus amended its regulations on "erotic materials", broadening the definition of "non-traditional sexual relations and behaviour" to include "homosexuality, lesbian love, bisexual relationships, polyamory and transsexualism", placing them alongside paedophilia, zoophilia and necrophilia. Under Belarusian legislation, such content may be treated as pornography and lead to up to four years in prison.

In 2025, the Law on the Rights of the Child recognised the "propaganda of homosexual relations, gender transition, paedophilia and childlessness" as harmful to minors.

The Observatory calls for restrictions targeting LGBTIQ+ people to be understood as part of a broader pattern of severe repression aiming at silencing any dissent, and institutionalised discrimination in Belarus. The Observatory further notes with concern that this development in Belarus echoes legislation adopted across Eastern Europe and Central Asia, including in Russia, Kazakhstan and Georgia.

The Observatory recalls that Belarus is bound by its obligations under international human rights law, in particular the International Covenant on Civil and Political Rights (ICCPR), which guarantees freedom of expression (Article 19), freedom of peaceful assembly (Article 21) and freedom of association (Article 22), as well as the right to non-discrimination (Article 26) and the right to privacy (Article 17). Furthermore, these amendments raise serious concerns regarding their compatibility with the Belarusian Constitution, as well as with Belarus's international human rights obligations, including the principles of equality and non-discrimination, as enshrined in Article 26 of the ICCPR and Article 2 of the Universal Declaration of Human Rights. These concerns have also been raised by UN human rights experts, who warned that the bill could be incompatible with Belarus's international human rights obligations.

According also to the human rights organisation LGBTQ+ House, on 19 October 2026, Poland's Office for Foreigners confirmed that Article 19.16 of Belarus's Code of Administrative Offences had been included in its country-of-origin information for Belarus and was considered evidence of institutional persecution of LGBTIQ+ people in asylum procedures. The Office also confirmed that it does not collect statistics on asylum applications based on sexual orientation or gender identity.

The Observatory calls on the Belarusian authorities to repeal Article 19.16 of the Code of Administrative Offences and to immediately end the use of discriminatory provisions to restrict the rights of LGBTIQ+ people and criminalise the legitimate work of human rights defenders and civil society organisations.

Signatories :

World Organisation Against Torture (OMCT), within the framework of the Observatory for the Protection of Human Rights Defenders

International Federation for Human Rights (FIDH), within the framework of the Observatory for the Protection of Human Rights Defenders

LGBTQ+ House