JOINT MOTION FOR A RESOLUTION on the Lithuanian Law on the Protection of Minors against the Detrimental Effects of Public Information
14.9.2009
replacing the motions by the following groups:
ALDE (B7‑0026/2009)
PPE (B7‑0027/2009)
S&D (B7‑0029/2009)
Verts/ALE (B7‑0030/2009)
GUE/NGL (B7‑0031/2009)
Manfred Weber, Simon Busuttil, Véronique Mathieu, Vytautas Landsbergis, Csaba Sógor, Michèle Striffler, Bogusław Sonik on behalf of the PPE Group
Claude Moraes, Michael Cashman, Monika Flašíková Beňová on behalf of the S&D Group
Sophia in 't Veld, Jeanine Hennis-Plasschaert, Leonidas Donskis, Gianni Vattimo, Sarah Ludford on behalf of the ALDE Group
Ulrike Lunacek, Raül Romeva i Rueda, Jean Lambert, Judith Sargentini on behalf of the Verts/ALE Group
Rui Tavares, Cornelia Ernst, Kyriacos Triantaphyllides, Marie-Christine Vergiat, Cornelis de Jong, Thomas Händel, Sabine Lösing on behalf of the GUE/NGL Group
European Parliament resolution on the Lithuanian Law on the Protection of Minors against the Detrimental Effects of Public Information
The European Parliament,
– having regard to international and European human rights obligations, including those contained in the UN conventions on human rights and in the European Convention on Human Rights and Fundamental Freedoms, and to the UN Convention on the Rights of the Child,
– having regard to the European Union's provisions on human rights, in particular Article 6 of the EU Treaty, Article 13 of the EC Treaty and the Charter of Fundamental Rights of the European Union,
– having regard to Article 13 of the EC Treaty, which reads: 'without prejudice to the other provisions of this Treaty and within the limits of the powers conferred by it upon the Community, the Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, may take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation',
– having regard to Rule 115(5) of its Rules of Procedure,
A. whereas the EU is a community of values based on human rights, fundamental freedoms, democracy and the rule of law, equality and non-discrimination, and whereas directives have been approved and proposed to reach this aim, including the fight against discrimination based on sexual orientation,
B. whereas sexual orientation is a matter falling within the remit of the individual right to privacy, guaranteed by international, European and national human rights law, and equality and non-discrimination should be promoted by public authorities, while freedom of expression should be guaranteed for the media, non-governmental organisations (NGOs) and individuals,
C. whereas on 14 July 2009 the Lithuanian Parliament approved amendments to the Law on the Protection of Minors against the Detrimental Effects of Public Information that will come into force on 1 March 2010, under which it will be prohibited ‘to directly disseminate to minors […] public information whereby homosexual, bisexual or polygamous relations are promoted’, because it has ‘a detrimental effect on the development of minors’,
D. whereas the wording of the law, with particular reference to Article 4 thereof, is vague and legally unclear and might lead to controversial interpretations,
E. whereas, following the overruling of the Lithuanian President's veto, the draft law is now under review by the Lithuanian national authorities,
F. whereas it is unclear what kind of materials would fall under this law and whether its jurisdiction extends to books, art, press, publicity, music and public representations such as theatre, exhibitions or demonstrations,
G. whereas the Swedish Presidency of the EU has discussed the law with the Lithuanian authorities, while the new Lithuanian President has declared that she will act to ensure that the law is in conformity with EU and international requirements,
1. Asks the Agency for Fundamental Rights to give an opinion on the law and the amendments to it in the light of the EU Treaties and EU law;
2. Reaffirms the importance for the EU to fight against all forms of discrimination, and in particular discrimination based on sexual orientations;
3. Reaffirms the principle set out in the Declaration of the Rights of the Child that 'the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection';
4. Welcomes the statements made by the new President of the Republic of Lithuania and the creation of a working group in Lithuania charged with evaluating possible changes to the law, and invites the Lithuanian President and authorities to ensure that national laws are compatible with human rights and fundamental freedoms as enshrined in international and European law;
5. Notes that the Law on the Protection of Minors against the Detrimental Effects of Public Information approved by the Lithuanian Parliament on 14 July 2009 is not yet in force and needs to be reviewed before it enters into force;
6. Instructs its committee responsible to follow up the issue;
7. Instructs its President to forward this resolution to the Commission, the Council, the governments and parliaments of the Member States and of the candidate countries, the President and Parliament of Lithuania, the Agency for Fundamental Rights and the Council of Europe.