The Lithuanian government decided on Wednesday to ask the Constitutional Court to rule on a law that bans informing minors about same-sex relationships.
The provision, which is part of the Law on the Protection of Minors from Negative Effects of Public Information, has recently been found by the European Court of Human Rights (ECtHR) to violate Lithuania’s international commitments to human rights.
The Justice Ministry drafted amendments to the law after the ECtHR ruling, but it failed to pass a parliament vote last November. Now, the Ministry suggested to refer the law to the Constitutional Court.
“If this provision were ruled to be unconstitutional, it would be considered null and void and could not be applied,” Justice Minister Ewelina Dobrowolska told BNS before the cabinet meeting on Wednesday.
Constitutional Court (associative image) / I. Gelūnas / BNS
According to the minister, even if the Constitutional Court decides that the provision – which claims that information about non-traditional family concepts harm minors and should therefore be restricted – does not contradict the Constitution, the court’s opinion could bring more clarity to the legal system and be used as guidance by institutions in making their decisions.
The case at the ECtHR concerned a children’s book by the now deceased author Neringa Macatė which was withdrawn from the market because it contained a story about same-sex romantic relationship. The Strasbourg court ruled last year that Lithuania had violated the European Convention on Human Rights by restricting the publication of Macatė’s book, Amber Heart.
The book was published by the Lithuanian University of Educational Sciences in 2013.
However, the university suspended the distribution of the book a few months later, citing as the reason a document from the Office of the Inspector of Journalist Ethics stating that Amber Heart was harmful to children under 14. The office said its position was based on existing legal regulations.
