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/ Illustrative photo / Pixabay
In the project contested by RPO resolutions of the Istebna Commune Council on “the suppression of ‘LGBT’ ideology by the local government community” you can read, among others, that “radicals seeking a cultural revolution in Poland attack freedom of speech, the innocence of children, the authority of the family and school and the freedom of entrepreneurs. “
In the document, the municipal council declares, among others: “We will protect the right to raise children in accordance with the beliefs of parents!”, “We will do everything to prevent shockers interested in early sexualization of Polish children from entering schools according to the so-called World Health Organization standards, “” We will not allow administrative pressure to apply political correctness (sometimes justly just called homopropaganda) in selected professions “.
Today The Provincial Administrative Court in Gliwice annulled the resolution.
termin “LGBT ideology” in the current social situation in Poland it has not been specified that it is not a clear, precise or at least uncontroversial concept. The court also considered that in the current conditions in Poland the term “LGBT ideology” affects LGBT people and has a discriminatory effect on them, consisting in their exclusion from the community because of their sexual orientation and gender identity.
The court also ruled that the resolution violates art. 32 of the Polish Constitution.
“It harms people, reinforces their sense of danger – these are the arguments of the heaviest caliber, which the court felt obliged to declare the resolution invalid, “emphasized judge Krzysztof Wujek in oral justification.
As he noted: “Ideology is always associated with people. The dictionary definition says that it is a system of views, ideas, concepts, professed by individuals or groups of people. The term ‘free zone’ de facto also refers to people from this LGBT group. Saying it’s ideology, not people, is turning a blind eye to reality. “
In the court’s opinion, the resolution also violates the right to raise children in accordance with their beliefs and the right to education, limiting the scope of topics that can be taught in schools – while the minister of national education decides on the core curriculum in Poland.
“Human sexuality is the subject of scientific research, one of the branches of medicine. Learning cannot be considered inappropriate for curricula “ – emphasized the court.
The Provincial Administrative Court in Gliwice also acknowledged that the resolution is not only an ideological declaration: it is in the first part, but in the second it contains a preview of practical actions and is a directive for the executive apparatus – the commune council determines the directions of the commune head.
The judgment is not final. He is entitled to a cassation complaint within 30 days of receipt of the written reasons for the court judgment.
The lawyers of the Ordo Iuris Institute for Legal Culture, who requested that the Ombudsman’s complaint against the resolution be rejected in its entirety, did not want to talk to journalists after the hearing.
On the other hand, the Ombudsman adopted the “recognition and satisfaction”.
“This is the first such verdict in Poland, a precedent-setting verdict, which will certainly enter the history of protecting human rights in Poland” – said Anna Bszczak-Banasiak from the RPO office.
In the opinion of the Ombudsman, the ruling is significant not only in the context of the resolution of the Istebna Commune Council, but also dozens of other “anti-LGBT” resolutions that have been passed so far in Poland.
“The justification of the Provincial Administrative Court in Gliwice was crushing for these resolutions – the court not only shared all the substantive arguments of the Ombudsman, recognizing that these resolutions violate the constitutional rights and freedoms of the LGBT community, but pointed out that they are unfair, discriminatory for them – emphasized Ms Błaszczyk-Banasiak.
“I haven’t been as happy as I was today,” admitted lawyer Karolina Gierdal, representing the Campaign Against Homophobia in court.
As she noted: “The court could stop at saying that the resolution was simply adopted in violation of the law, outside the jurisdiction of the municipality, and therefore it should be annulled – but he did not, he told us more, much more, he simply told us that there is no such thing as LGBT ideology: there are simply LGBT people who are excluded by this resolution from the local community. “
Let us remind you that earlier the voivodship administrative courts in Kraków, Kielce and Poznań rejected RPO’s complaints about anti-LGBT resolutions adopted by local governments. The courts considered that the resolution does not apply to a matter of public administration or that the position of the commune council presented in the resolution is an ideological declaration which does not constitute the basis for imposing any obligations or granting or confirming rights.
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