5 June 2020

Rule of Law in Poland: The European Commission intervenes on “LGBT-free” zones in Poland

The addressees of the European Commission’s letter are the marshals (wojewodowie) of five provinces (voivodships, województwa) that have adopted anti-LGBT resolutions or their equivalent, i.e. the homophobic ‘Local Government Charter on the Rights of the Family’ drawn up by an NGO Ordo Iuris. These are the Lublin, Łódź, Malopolskie, Podkarpackie and Świętokrzyskie provinces. [...]

The obligation to combat discrimination based on sex, race or ethnic origin, religion or belief, disability, age or sexual orientation is also included in art. 7 of the Regulation on EU funds dating from 2013. Moreover, the preventive actions to which the beneficiaries of EU funds are obliged are explicitly included in the partnership agreement, and include both investments and programmes run by local authorities, as well as soft activities accompanying them, such as ‘communication’. [...]

Anna Błaszczak-Banasiak, a lawyer of the Commissioner for Human Rights’ Office says the EC’s position confirms that the anti-LGBT resolutions, regardless of their form, directly affect the lives of citizens. [...]

The Commission’s letter coincides with the position adopted by the European Parliament, which in December 2019 called on the Polish authorities to repeal homophobic resolutions by administrative means, i.e. via the provincial governor (wojewoda) or the administrative courts. The Parliament also urged the EC to verify whether the local governments that adopted anti-LGBT resolutions and still collect money from the EU are using it for purposes that violate human rights and the principle of equal treatment.

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