In December 2024, the Lithuanian Constitutional Court declared unconstitutional1 the provision of the Law on the Protection of Minors against the Detrimental Effect of Public Information, prohibiting inter alia the dissemination of public information that portrays same-sex relationships as essentially equivalent to opposite-sex relationships. This decision is of relevance for the execution of the Macate v. Lithuania judgment, where the European Court found a violation of Article 10 of the Convention because of the lack of a legitimate aim for the temporary suspension of a children’s fairy tale book depicting same sex relationships and its subsequent labelling as harmful to children under the age of 14
The Constitutional Court recalled that under the Constitution the concept of family is neutral in terms of gender. It thus ruled that a legal regulation imposing limitations on the freedom to receive and impart information, including a legal regulation limiting information about the diversity of family models and relationships, hinders the development of minor children as mature and well-rounded personalities. Moreover, it is incompatible with the constitutional duty of the state to ensure the harmonious and comprehensive development of the child, based on respect for human rights and dignity, as well as on the values of equality, pluralism, and tolerance, which are inherent in a democratic society.
Country factsheet of Lithuania
1 For the full text of the decision in Lithuanian see Paieška - Lietuvos Respublikos Konstitucinis Teismas
