– José Manuel BARROSO, President of the European Commission

– Jacques BARROT, Commissioner for Freedom, Security and Justice

– Vladimir SPIDLA, Commissioner for Social Affairs

Brussels, 17 June 2009

Dear President,

Dear Commissioners,

I call on you to urgently publicly express the Commission position on the adoption of amendments to the Law for the Protection of Minors against the Detrimental Effect of Public Information by the Lithuanian Parliament, before the President of the Republic takes a final decision on the signature of it.

I also ask you to request the Fundamental Rights Agency to evaluate if the Lithuanian law is compatible with EU law and principles, and notably with article 6 TUE, 13 TCE and EU anti-discrimination directives, the Charter of Fundamental Rights, the ECHR and international human rights law.

On 17 December 2008 I wrote to Commissioner Spidla on the fact that the Lithuanian Parliament had approved amendments to the “Law on the Protection of Minors against the Detrimental Effect of Public Information” in order to ban any public positive information in relation to homosexuality that could be accessible to children in media or schools. In the same letter I asked the Commission to evaluate the law against article 6 TUE and 13 TCE, the Charter of Fundamental Rights, the ECHR and international human rights law, and notably in relation to freedom of expression, and to communicate the results of its evaluation to the Lithuanian authorities. On 16 of December 2009 I also tabled a parliamentary question on the same subject and the Commission answered on 25 February 2009 by stating that it will closely monitor the issue and ensure the respect of the EU directives also through infringement proceedings should such legislation come into force. Similar assurances were also given in the letter of the 3rd of March 2009 by Commissioner Spidla, in response to my letter of 17 December 2008.

On 3 June 2009 the EP Intergroup and ILGA-Europe wrote a letter to Commissioners Barrot and Spidla to raise the Commission attention to the new draft version of the Law for the Protection of Minors against the Detrimental Effect of Public Information before the Lithuanian Parliament and to call upon the European Commission to take all appropriate measures to ensure compliance with European and international human rights instruments.

On 16 June the Lithuanian Parliament definitively approved the above legislation banning any positive information, or so-called “propaganda”, about homosexuality. Article 4 of the “Law on the Protection of Minors against the Detrimental Effect of Public Information” includes “propaganda of homosexuality” as one of the “Detrimental Effectors”. Such a provision will prohibit any discussions regarding homosexuals at schools or in media that could be accessible to children or teenagers. Providing information about homosexuality falls into the same category of displaying dead or cruelly mutilated body or information that causes fear or horror or encourages suicide. The Law is vaguely drafted and no definitions are provided for prohibited conducts, paving the way to abuse. As reported, it may even prohibit popular books, such as Brothers Grimm and other fairy tales that contain cruel scenes, while “unproven” scientific facts, such as the String Theory or the Big Bang are not to be discussed at schools either until verified by scientists.

The law is now in the hands of the President of the Republic of Lithuania, Valdas Adamkus. Should he sign the law, it will come into force in Lithuania.

Dear President, dear Commissioners, I find highly deplorable that the European Commission, notwithstanding repeated appeals, has made up to now no public statements at all condemning this draft law and recalling to Lithuanian authorities the fact that Member States have to respect the common European values and constitutional principles of respect for human rights and fundamental freedoms, spelled out in art. 6 TUE, art. 13 TCE, the EU anti-discrimination directives, the Charter of Fundamental Rights, the ECHR and international human rights law. The result of such serious lack of action is under our eyes. The Commission has a duty to intervene not only after the EU principles and laws are violated and on the basis of directives, but also before they are violated and on the basis of EU common principles.

This is confirmed by the fact that the Commission worked together with Italian authorities on draft decrees related to free movement, asylum and family reunification, the first of which was withdrawn by Italian authorities after the Commission clarified that it would have been contrary to EU law.

Let me also recall that the European Parliament approved on 26 April 2007 a resolution on homophobia in Europe focusing on similar homophobic initiatives proposed by the Polish government, condemning them and that the EP fully supported the Commission in its interventions towards the Italian authorities on ensuring the correct application of EU law and principles.

In 2004 at the start of the term of this Commission, the fight against homophobia and discrimination played a key role and President Barroso promised that under his guidance the Commission would be at the forefront of the fight against intolerance. Whereas in recent years the European Commission would act without hesitation and start infringement procedures if a Member State legislation is not in line with EU legislation or EU rules, in cases of discrimination and intolerance the European Commission has been shamefully absent and passive in cases of blatant homophobia and discrimination. I sincerely hope the European Commission will do its utmost to ensure that equal rights are guaranteed in all Member States and that discrimination is combated equally in all Member States.

Best regards,

Sophie in ‘t Veld

ALDE MEP