New in the EU: “Law on the Protection of Minors against the Detrimental Effect of Public Information”
ILGA Europe has been all over this story in the past few days, weeks and months, as has Amnesty International. Borrowing heavily from their media releases and updates, here’s the low-down on Lithuania’s new anti-gay law:
On Tuesday, 14th July 2009, the Lithuanian parliament, Seimas, adopted the Law on the Protection of Minors Against the Detrimental Effect of Public Information. The law bans any positive information about homosexuality and bisexuality. It equates homosexuality and bisexuality to other ‘detrimental effect on minors’ such as display of dead or cruelly mutilated body, information that causes fear or horror or encourages suicide.
On 26 June 2009, Valdas Adamkus, the then President of Lithuania, attempted to block the measure becoming law by using presidential powers to veto it. On Tuesday, the parliament overruled the veto with 87 Seimas members voting for, 6 voting against and 25 abstained.
One clause of the law seeks to ban materials that “agitate for homosexual, bisexual and polygamous relations” from schools or public places and media where they could be viewed by children, on the grounds that they would have a “detrimental effect on the development of minors.”
ILGA-Europe argues that this provision could be used to prohibit any legitimate discussion of homosexuality, impede the work of human rights defenders and further the stigmatization of and prejudice against lesbian, gay, bisexual and transgender people. It would institutionalize homophobia and violates the right to freedom of expression and the right to be free from discrimination.
The law classifies public information about homosexuality and bisexuality with other prohibited material that portrays physical or psychological violence, the display of dead bodies, and other clearly salacious information. The same article of the law also bans information that “encourages gambling, encourages and suggests participation in the games of chance, lotteries and other games that imply easy win”, “displays a hypnosis session” or “promotes bad eating, sanitary and physical passivity habits”.
The law potentially violates the European Convention on Human Rights, EU anti-discrimination laws, the International Convention on Civil and Political Rights, and the International Convention on the Rights of the Child. In response to similar legislation in the UK (the infamous “Section 28”), the UN Committee on the Rights of the Child expressed concern that “homosexual and transsexual young people do not have access to the appropriate information, support and necessary protection to enable them to live their sexual orientation.”
The law also contradicts Lithuania’s public commitments undertaken in signing a joint statement on human rights and sexual orientation and gender identity at the UN General Assembly on 18 December 2008 and now signed by 67 states. As a signatory to that statement, Lithuania has reaffirmed its commitment to “promote and protect the human rights of all persons, regardless of sexual orientation or gender identity” and “ensure adequate protection of human rights defenders, and remove obstacles which prevent them from carrying out their work on issues of human rights and sexual orientation and gender identity.”
Lithuania is one of the newest member states of the European Union. It is particularly disturbing to learn of this development, given the historical reasons for the establishment of what is now the EU, namely the horrors of the Second World War and the artocities perpetrated by the Nazi regime and similar regimes: those times bore witness to the killings of thousands of homosexuals, as well as millions of Jews, gypsies, political dissidents, “antisocials” and anyone deemed to be in opposition to the dictatorial regimes of the time.
Yesterday has seen a glimpse of hope and reason entering the debate in Lithuania: According to AFP, Lithuania’s new president yesterday criticized the bill passed by lawmakers in the Baltic country that aims to keep information about homosexuality away from children.
Dalia Grybauskaite, who was elected last month, and inaugurated as president on Sunday, said the measure was poorly worded and vowed to propose amendments later this year. “I’m very much upset that such kind of laws in Lithuania are possible,” she told reporters during a joint news conference in Stockholm with Swedish Prime Minister Fredrik Reinfeldt.
“But I have a tool,” she said. “This tool is the possibility to come with a proposal for (an) amendment of the law.” She did not give details of what changes she would propose but said the “human rights of all of society” would be important during her tenure as president.
Supporters said the measure was necessary to defend traditional family values in the former Soviet republic of 3.4 million people, which joined the European Union and NATO in 2004. Critics said the text violated the freedom of speech and international standards of human rights. Gay rights activists called it homophobic.
Grybauskaite said it would be difficult to implement the legislation, which is set to take effect in March, because “it is unprecise and allows a lot of interpretation.”
Let’s watch and see, shall we..?
__________________
Lithuania’s diplomatic representation in Ireland:
Embassy of the Republic of Lithuania, 90 Merrion Road, Ballsbridge, Dublin 4
t: 01 678 1025. f: 01 668 0004.
e: amb.ie@urm.lt
w: http://ie.mfa.lt
Consular Section: t: 01 668 8292. e: konsulinis.ie1@urm.lt
Her Excellency Mrs. Izolda Bričkovskienė
Ambassador Extraordinary and Plenipotentiary
Mr. Vitalijus Bričkovskis
Mrs. Natalija Bacevičienė
Counsellor and Deputy Head of Mission
Mr. Algimantas Bacevičius
Mr. Napoleonas Baranauskas
First Secretary (Consular)
Mrs. Ona Baranauskienė
Mr. Vadim Lucenko
Third Secretary (Consular)
Mrs. Aleksandra Lucenko
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Good God, thia makes for scary reading, thanks for posting it.
How can countries be going backwards in this day and age? To say gay/bi imagry or whatever, is akin to showing a dead or a “cruelly mutilated body” is just madness
I wonder how powerful the President is? Is he/she a figurehead like in Ireland, or a real head figure with actual power?
How has the EU not been all over this? As you ssy in your article, it contravenes a number of EU human rights laws. Is everyone so busy chasing their tales in realtion to the economy that this type of hateful legislation can sneak through under their noses?
Think of the children – the gay children. What a way to grow up.
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