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Written Question No. 540 by Mr Huss : “Denial of freedom of assembly and expression to lesbian, gay, bisexual and transgender persons in Lithuania”Reply of the Committee of Ministers(adopted on 2 April 2008 at the 1023rd meeting of the Ministers’ Deputies)
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Question:
In joining the Council of Europe in 1993 and ratifying the Convention on Human Rights, Lithuania undertook to protect and develop human rights and fundamental freedoms. Yet in recent months Vilnius City authorities have acted in breach of these obligations on three occasions:
1. In May 2007 they supported bus drivers who refused to drive vehicles carrying advertisements encouraging tolerance for lesbian and gay workers. The advertisements were funded jointly by the European Union and the Lithuanian Ministry of Social Security and Labour. The mayor commented in a press release: "We do not approve of the public demonstration of homosexual ideas in the city of Vilnius".
2. Also in May, they refused to give permission of the European Union anti-discrimination truck to make its planned stop in Vilnius. A number of events were due to take place around the truck in the city centre, as part of the EU Year of Equal Opportunities for All. These included the display of a rainbow flag by Lithuania's main lesbian, gay, bisexual and transgender (LGBT) organisation. The city authorities justified the ban on the basis of security risks posed by possible opponents of the event. The European Commission issued a statement highly regretting the decision to cancel the event.
3. In late October the city authorities refused permission for another public event, again centred on the display of a rainbow flag in the city, as part of the Annual Conference of the European Region of the International Lesbian and Gay Association. The ban was justified on the basis of "safety concerns" due to building works, but the city authorities refused to provide an alternative outdoor site, arguing the event could be held indoors.
On 14 November 2007 Vilnius City Council amended its "Rules of Cleaning and Tidiness" [sic] to give it powers to refuse authorisation of events in public places during which, "in the opinion of the police or the commission, riots may arise or such events due to their nature may provoke negative public reaction or opposition. Such events may be held only in enclosed spaces, in which the safety of the participants and viewers of the event is ensured".
To ask the Committee of Ministers:
Will the Committee of Ministers engage in dialogue with the Lithuanian authorities with a view to:
- drawing their attention to the judgment of the Court in Baczkowski and others v. Poland, and reaffirming their obligation to uphold the right to freedom of assembly and expression for all persons, including specifically lesbian, gay, bisexual and transgender persons;
- clarifying to the Lithuanian authorities that their role goes beyond merely recognising the existence of such rights, and includes the obligation to take positive actions to safeguard access to freedom of assembly for all persons;
- seeking confirmation that they recognise the right of the LGBT community to exercise freedom of assembly and expression;
- ensuring that the city of Vilnius "Rules of Cleaning and Tidiness" are amended so as not to be in conflict with the jurisprudence of the Court of Human Rights;
- requesting that they set out the concrete measures they will take to put an end to the denial by public officials of freedom of assembly and expression to LGBT persons;
- enquiring what wider plans the Lithuanian authorities have to combat homophobia and transphobia, and discrimination based on sexual orientation and gender identity.
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Question:
In joining the Council of Europe in 1993 and ratifying the Convention on Human Rights, Lithuania undertook to protect and develop human rights and fundamental freedoms. Yet in recent months Vilnius City authorities have acted in breach of these obligations on three occasions:
1. In May 2007 they supported bus drivers who refused to drive vehicles carrying advertisements encouraging tolerance for lesbian and gay workers. The advertisements were funded jointly by the European Union and the Lithuanian Ministry of Social Security and Labour. The mayor commented in a press release: "We do not approve of the public demonstration of homosexual ideas in the city of Vilnius".
2. Also in May, they refused to give permission of the European Union anti-discrimination truck to make its planned stop in Vilnius. A number of events were due to take place around the truck in the city centre, as part of the EU Year of Equal Opportunities for All. These included the display of a rainbow flag by Lithuania's main lesbian, gay, bisexual and transgender (LGBT) organisation. The city authorities justified the ban on the basis of security risks posed by possible opponents of the event. The European Commission issued a statement highly regretting the decision to cancel the event.
3. In late October the city authorities refused permission for another public event, again centred on the display of a rainbow flag in the city, as part of the Annual Conference of the European Region of the International Lesbian and Gay Association. The ban was justified on the basis of "safety concerns" due to building works, but the city authorities refused to provide an alternative outdoor site, arguing the event could be held indoors.
On 14 November 2007 Vilnius City Council amended its "Rules of Cleaning and Tidiness" [sic] to give it powers to refuse authorisation of events in public places during which, "in the opinion of the police or the commission, riots may arise or such events due to their nature may provoke negative public reaction or opposition. Such events may be held only in enclosed spaces, in which the safety of the participants and viewers of the event is ensured".
To ask the Committee of Ministers:
Will the Committee of Ministers engage in dialogue with the Lithuanian authorities with a view to:
- drawing their attention to the judgment of the Court in Baczkowski and others v. Poland, and reaffirming their obligation to uphold the right to freedom of assembly and expression for all persons, including specifically lesbian, gay, bisexual and transgender persons;
- clarifying to the Lithuanian authorities that their role goes beyond merely recognising the existence of such rights, and includes the obligation to take positive actions to safeguard access to freedom of assembly for all persons;
- seeking confirmation that they recognise the right of the LGBT community to exercise freedom of assembly and expression;
- ensuring that the city of Vilnius "Rules of Cleaning and Tidiness" are amended so as not to be in conflict with the jurisprudence of the Court of Human Rights;
- requesting that they set out the concrete measures they will take to put an end to the denial by public officials of freedom of assembly and expression to LGBT persons;
- enquiring what wider plans the Lithuanian authorities have to combat homophobia and transphobia, and discrimination based on sexual orientation and gender identity.
Reply:
1. In reply to the Honourable Parliamentarian’s question, the Committee of Ministers refers to its previous replies regarding the rights to freedom of expression and freedom of assembly of lesbian, gay, bisexual and transgender (LGBT) persons. It considers that these replies, as well as the reply to the present question, serve as a useful reminder of the relevant human rights principles that have to be respected in this field. The Committee of Ministers recalls in particular that the rights to freedom of expression and freedom of assembly must be enjoyed by all without discrimination. While the Convention allows for restrictions on the exercise of the rights to freedom of expression and freedom of assembly, such restrictions must be prescribed by law and be necessary in a democratic society in the interest of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedom of others. According to the established case law of the European Court of Human Rights, peaceful demonstrations, be they in favour of the rights of LGBT persons or others, cannot be banned simply because of the existence of attitudes hostile to the demonstrators or to the causes they advocate. On the contrary, the state has a duty to take reasonable and appropriate measures to enable lawful demonstrations to proceed peacefully. In a series of judgments, the Court has emphasised that any discrimination based on sexual orientation is contrary to the Convention. All member states must observe the Convention when they apply national law, notably in the light of the case law of the Court.
2. The Committee of Ministers furthermore recalls that its Recommendation No. R (97) 20 on “hate speech” asserts that public authorities and institutions have a “special responsibility to refrain from statements (…), speech (…) and other forms of discrimination or hatred based on intolerance” (Principle 1), especially when it is disseminated through the media. Any legitimate interference with freedom of expression should be “narrowly circumscribed and applied in a lawful and non-arbitrary manner on the basis of objective criteria (and) (…) subject to independent judicial control” (Principle 3). In this context, the Committee of Ministers invites all member states to implement its Recommendation No. R (97) 20 on “hate speech” as well as its Recommendation No. R (97) 21 on the media and the promotion of a culture of tolerance in respect of lesbians, gays, bisexuals and transgender persons.
3. The Lithuanian authorities have informed the Committee of Ministers that they have drawn the attention of the Mayor of Vilnius and the Lithuanian Office of Equal Opportunities Ombudsperson to the relevant human rights principles of the Council of Europe. More generally, the Committee of Ministers has already announced in its previous replies on the matter that it will consider how to enhance Council of Europe action in this area, in order to achieve more synergy, co-ordination and substantial results and has instructed the relevant services of the Secretariat to make proposals to this effect. In addition to the work undertaken by the Council of Europe Commissioner for Human Rights in this field, the Steering Committee for Human Rights (CDDH) has recently adopted a report on “hate speech” and will continue to consider this issue in the context of its work on human rights in a multicultural society. It has also recently examined the topic of human rights defenders with a view to identifying ways and means to improve their protection. As a result of this activity, the Committee of Ministers adopted, on 6 February 2008, a declaration on the protection of human rights defenders and promotion of their activities. Freedom of association and peaceful assembly is, of course, at the heart of this declaration, and this includes those who defend the rights of individuals who are particularly vulnerable to victimisation, such as LGBT persons.
1. In reply to the Honourable Parliamentarian’s question, the Committee of Ministers refers to its previous replies regarding the rights to freedom of expression and freedom of assembly of lesbian, gay, bisexual and transgender (LGBT) persons. It considers that these replies, as well as the reply to the present question, serve as a useful reminder of the relevant human rights principles that have to be respected in this field. The Committee of Ministers recalls in particular that the rights to freedom of expression and freedom of assembly must be enjoyed by all without discrimination. While the Convention allows for restrictions on the exercise of the rights to freedom of expression and freedom of assembly, such restrictions must be prescribed by law and be necessary in a democratic society in the interest of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedom of others. According to the established case law of the European Court of Human Rights, peaceful demonstrations, be they in favour of the rights of LGBT persons or others, cannot be banned simply because of the existence of attitudes hostile to the demonstrators or to the causes they advocate. On the contrary, the state has a duty to take reasonable and appropriate measures to enable lawful demonstrations to proceed peacefully. In a series of judgments, the Court has emphasised that any discrimination based on sexual orientation is contrary to the Convention. All member states must observe the Convention when they apply national law, notably in the light of the case law of the Court.
2. The Committee of Ministers furthermore recalls that its Recommendation No. R (97) 20 on “hate speech” asserts that public authorities and institutions have a “special responsibility to refrain from statements (…), speech (…) and other forms of discrimination or hatred based on intolerance” (Principle 1), especially when it is disseminated through the media. Any legitimate interference with freedom of expression should be “narrowly circumscribed and applied in a lawful and non-arbitrary manner on the basis of objective criteria (and) (…) subject to independent judicial control” (Principle 3). In this context, the Committee of Ministers invites all member states to implement its Recommendation No. R (97) 20 on “hate speech” as well as its Recommendation No. R (97) 21 on the media and the promotion of a culture of tolerance in respect of lesbians, gays, bisexuals and transgender persons.
3. The Lithuanian authorities have informed the Committee of Ministers that they have drawn the attention of the Mayor of Vilnius and the Lithuanian Office of Equal Opportunities Ombudsperson to the relevant human rights principles of the Council of Europe. More generally, the Committee of Ministers has already announced in its previous replies on the matter that it will consider how to enhance Council of Europe action in this area, in order to achieve more synergy, co-ordination and substantial results and has instructed the relevant services of the Secretariat to make proposals to this effect. In addition to the work undertaken by the Council of Europe Commissioner for Human Rights in this field, the Steering Committee for Human Rights (CDDH) has recently adopted a report on “hate speech” and will continue to consider this issue in the context of its work on human rights in a multicultural society. It has also recently examined the topic of human rights defenders with a view to identifying ways and means to improve their protection. As a result of this activity, the Committee of Ministers adopted, on 6 February 2008, a declaration on the protection of human rights defenders and promotion of their activities. Freedom of association and peaceful assembly is, of course, at the heart of this declaration, and this includes those who defend the rights of individuals who are particularly vulnerable to victimisation, such as LGBT persons.
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