Lithuania’s Constitutional Court has struck down a controversial provision of the Law on the Protection of Minors from Negative Effects of Public Information, declaring it unconstitutional. The provision, which prohibited informing minors about same-sex relationships, was deemed incompatible with fundamental rights enshrined in the Constitution.
The court ruled on Wednesday that the provision violated Article 25 of Lithuania’s constitution, which safeguards the right to hold and express personal convictions, as well as to seek, receive, and share information. Additionally, it contravened Article 38, which recognises the family as the foundation of society and obliges the state to protect and cherish families, motherhood, and childhood.
Announcing the decision, Constitutional Court President Gintaras Goda emphasised that any legal restrictions on disseminating information to minors must align with constitutional values, such as equality, pluralism, and respect for human rights.
“No legal regulation may imply that information on any family models or interpersonal relationships is inherently inappropriate for minors,” Goda stated. He added that such laws hinder children’s development into “mature, full-fledged personalities” and fail to uphold the state’s duty to ensure the harmonious and comprehensive development of children.
The ruling also reaffirmed that minors have a constitutional right to access objective information reflecting real societal relationships, fostering a worldview rooted in respect for the dignity and rights of others.
The law’s controversial provision has faced international criticism. Last year, the European Court of Human Rights (ECHR) ruled against Lithuania in a case involving writer Neringa Macatė. Her children’s book Amber Heart, which depicted same-sex relationships, was censored under the law, a move the ECHR deemed a violation of her rights.
In response to the ECHR ruling, the government had proposed removing the provision from the law, but the Lithuanian parliament rejected the initiative last autumn. Pro-LGBT protests near the Seimas have highlighted the ongoing struggle for equality and inclusion in the country.
This latest decision from Lithuania’s top court is seen as a victory for LGBTQ+ advocates and a step toward greater protection of human rights and democratic values in the country.
