The Lithuanian Constitutional Court has declared a provision of the Law on the Protection of Minors from the Negative Influence of Public Information unconstitutional. This part of the law had previously restricted sharing information on same-sex relationships with minors. The ruling targeted Clause 16 of Article 4(2), which deemed such information “detrimental for minors” if it expressed contempt for family values or encouraged concepts of marriage and family not outlined in the Lithuanian Constitution and Civil Code.
The Constitutional Court found the clause’s language to be ambiguous and concluded that it unjustifiably narrowed the constitutional concept of family, which the nation’s constitution recognizes as gender-neutral. The court emphasized that the clause impinged on constitutional values and rights, including freedom of expression and the understanding of family as a social institution. According to Constitutional Court President Gintaras Goda, “No legal regulation may be introduced which implies that information on any family models and relationships between individuals is in itself inappropriate for minors.” Goda further asserted that child development must align with principles of human rights, dignity, equality, and tolerance (read more).
Legal challenges regarding these human rights issues were initially raised before the European Court of Human Rights in the case of Macatė v Lithuania, where Lithuania’s ban on certain publications was found to breach the freedom of expression established in Article 10 of the European Convention on Human Rights. These adjudications prompted the Lithuanian government to reconsider the law’s validity.
Back in November 2023, an attempt to amend the law in parliament failed, which then led to a request by the former Justice Ministry in February 2024 for the Constitutional Court to review the clause. With this recent ruling, the law’s provision is now considered null and void, as confirmed by former Justice Minister Ewelina Dobrowolska. However, President Gitanas Nausėda had previously expressed opposition to amending the law, arguing that removing it would compromise the idea of family (more details here).
Lithuania’s decision arrives amid growing debates in Europe on LGBTQ+ rights, with nations like Bulgaria implementing similar bans and invoking criticism from activists and human rights organizations (source).