The anti-discrimination law was discussed in the correspondence between the Council of Europe Commissioner for Human Rights and Nikol Pashinyan

On March 30, 2026, the Commissioner for Human Rights of the Council of Europe, as a summary of her working visit to Armenia in February of this year, addressed a letter to Nikol Pashinyan, calling for the adoption of comprehensive anti-discrimination legislation.

Emphasizing the importance of aligning Armenia’s anti-discrimination legislation with Council of Europe standards, the Commissioner referred to the fact that the draft anti-discrimination law developed by the Ministry of Justice of the Republic of Armenia designates the Human Rights Defender as the equality body. However, this may be problematic in light of international requirements, according to which the Equality Body should provide individual support to victims of discrimination and represent their interests before various bodies, including in cases of discrimination by private entities.

The Commissioner also addressed the need to protect LGBTI persons, stressing the necessity of explicitly including sexual orientation and gender identity in the law as protected characteristics, serving as grounds for protection against discrimination. Reference was also made to the importance of providing interested organizations with the right to apply to courts in defense of the public interest.

Another important emphasis was that combating hate speech cannot be limited solely to criminal law regulation.

On April 6, Prime Minister of the Republic of Armenia Nikol Pashinyan responded in a letter to the Commissioner’s concerns, noting, among other things, the following:

• The powers of the Human Rights Defender also include the establishment of a body examining relevant applications,
• The list of protected characteristics defined by law is not exhaustive and therefore can serve as a mechanism for protection against discrimination on all grounds,
• A package of civil and administrative measures for protection against hate speech is also being developed,
• The right to apply to the court with a public interest claim can also be exercised through a legislative amendment initiated by the National Assembly.

Thus, analyzing the above-mentioned correspondence, the Pink Human Rights Defender NGO considers it necessary to make the following observations.

We consider it necessary to note that the enumeration of the Human Rights Defender’s powers has not fully alleviated the concerns raised by the Commissioner, particularly regarding the provision of individual support to victims of discrimination and protection against discrimination by private entities.

As for protected characteristics, it has been repeatedly stated that in conditions of high intolerance toward LGBT+ persons, vague legal regulations cannot be considered an effective means of legal protection. This has once again been confirmed in the practice of applying the article prohibiting public calls for violence.

Considering the sensitivity of regulating hate speech and the experience of a criminal law norm that has been ineffective for six years, we believe that it requires comprehensive reconsideration and evaluation once again, with the participation of civil society organizations.

As for the right to apply to the court in defense of the public interest, the fact that it is not provided for in the anti-discrimination law lacks any justification and may in practice hinder the application of other forms of regulation in discrimination cases.

Thus, Pink Human Rights NGO once again emphasizes that the draft anti-discrimination law cannot yet be considered an effective mechanism for protection against discrimination, especially for LGBT+ persons.

At the same time, these issues have been raised for years, and despite Nikol Pashinyan’s assertion that the draft has undergone public discussion processes, these substantial proposals presented by civil society organizations and international bodies have not been taken into account.