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EU threatens to withhold funds over LGBTQ ‘free zones’ in Poland

Poland has seen a resurgence in the past three years of rightwing religious ultra-conservative groups in this heavily Catholic country

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Strefa WOLNA (LGBT 'Free Zone') sticker distributed on anti-LGBTQ+ Polish Facebook pages

BRUSSELS – The executive branch of the European Union, the European Commission, sent letters out last week to the governors of five of Poland’s voivodeships, (provinces) warning that pandemic relief funds totaling over 126 million euros ($150 million) will be withheld over anti-LGBTQ measures passed in their jurisdictions.

The EU Commission, which is chiefly responsible for for proposing legislation, enforcing EU laws and directing EU administrative operations, notified the governors and the government of Polish President Andrzej Duda and Prime Minister Mateusz Morawiecki that the coronavirus response investment initiative (CRII) funds from the Recovery assistance for cohesion and the territories of Europe (REACT-EU), would be rescinded over the so-called ‘LGBTQ Free Zones’ established in the five provinces.

Poland has seen a resurgence in the past three years of rightwing religious ultra-conservative groups backed by nationalistic extremists in this heavily Catholic country of 38 million, which have led to passage of measures to restrict pride parades and other LGBTQ+-friendly events from taking place.

Proponents of these measures claim the necessity of the provinces to be “free of LGBTQ ideology” saying this is mandated by average Poles as well as by the anti-LGBTQ+ views of the Catholic Church.

Last month, two separate LGBTQ Equality marches known as marsze równości were held Saturday under a heavy police presence in the southern city of Częstochowa and the Baltic seaside port city of Gdańsk.

Polish media outlet RMF24 reported no major incidents or violence at either march, unlike previous year’s marches where clashes with anti-LGBTQ+ Polish nationalist, far right conservative and catholic protesters had disrupted the marches and there were injuries inflicted. The local governments had increased their police presence to forestall incidents which would have led to violent counter protests.

The 26-year-old head of a regional far-right youth organization in Opole, southwestern Poland, Bartlomiej Czuchnowski, who had traveled to the Częstochowa march to protest told the Associated Press; “This is a clear provocation, because LGBT circles have always been anti-Catholic, anti-Christian, you can even say. So their march in this direction, into the heart of the Polish nation, into the heart of Polish Catholicism, is an open provocation.”

Although several Polish courts have weighed in ruling the measures unconstitutional, little actions have been taken to mitigate them.

In July of 2020, the anti-LGBTQ president of Poland, Andrzej Duda, won re-election. Activists have sharply criticized Duda — head of Poland’s conservative Law and Justice party — over his anti-LGBTQ rhetoric.

Duda in June of last year said LGBTQ “ideology” is more harmful than communism.

Justyna Nakielska of Kampania Przeciw Homofobii, a Polish LGBTQ advocacy group, told the Blade’s International Editor Michael Lavers that Duda has publicly described LGBTQ Poles as “a threat to the family” and said they “want to sexualize children.”

This past June, the leaders of 17 European Union countries had signed a letter that urges the EU to fight anti-LGBTQ discrimination. The EU has also called out the anti-LGBTQ measures taken more recently in Hungry.

ILGA-Europe, a Brussels based advocacy group promoting the interests of lesbian, gay, bisexual, trans and intersex people, at the European level, in a statement it sent to the Blade in June after the EU letter was issued, notes that both Hungary and Poland, another EU country in which lawmakers have sought to restrict LGBTQ rights in recent years are at odds with the EU position on LGBTQ+ people.

“For quite some time now, we’ve been informing EU ministers about systematic breaches of EU law committed by Hungary and Poland, which impact on LGBTI rights and the lives of LGBTI people,” says ILGA-Europe.

“This week’s developments seem to suggest that the European Commission and a number of member states finally heard that call. Time to keep up the action and follow through on its values and responsibilities as guardians of EU law, keeping the important commitments made this week.”

The EU Commission and the government of Poland did not respond to requests for comment.

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European Union

European Parliament backs EU-wide conversion therapy ban

More than 1.2 million people backed campaign

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(Photo by axelbueckert/Bigstock)

The European Parliament on Wednesday voted in favor of banning so-called conversion therapy across the European Union.

ACT (Against Conversion Therapy) LGBT in 2024 launched a campaign in support of the ban through the EU’s European Citizens Initiative framework. More than 1.2 million people ultimately signed it.

The proposed ban had the support of 405 MEPs. The European Commission is expected to formally respond to it by May 18.

Seven EU countries — Belgium, Cyprus, France, Malta, Norway, Portugal, and Spain — have banned conversion therapy outright.

Greece in 2022 banned the practice for minors. German lawmakers in 2020 passed a law that prohibits conversion therapy for minors and for adults who have not consented to undergoing the widely discredited practice.

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European Union

Top EU court strikes down Hungary’s anti-LGBTQ propaganda law

Ruling issued days after voters outed Prime Minister Viktor Orbán

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An anti-transgender book for sale in a bookstore in Budapest, Hungary, on April 4, 2024. The European Union Court of Justice has struck down Hungary's anti-LGBTQ propaganda law. (Washington Blade photo by Michael K. Lavers)

The European Union’s top court on Tuesday struck down Hungary’s anti-LGBTQ propaganda law.

Hungarian MPs in 2021 approved Act LXXIX of 2021.

“It shall be forbidden to make accessible to persons who have not attained the age of 18 years advertisement that depicts sexuality in a gratuitous manner or that propagates or portrays divergence from self-identity corresponding to sex at birth, sex change or homosexuality,” it reads.

The European Commission in 2022 challenged the law. Sixteen EU countries — Austria, Belgium, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Luxembourg, Malta, the Netherlands, Portugal, Slovenia, Spain, and Sweden — joined the lawsuit. The European Parliament also supported it. Outgoing Hungarian Prime Minister Viktor Orbán, for his part, said his government would defend the law.

The EU Court of Justice heard the case in 2024.

A press release that announced the ruling on Tuesday said Hungary “acted in breach of EU law.”

“The court finds, for the first time, a separate infringement of Article 2 TEU (Treaty on European Union), which lists the values on which the (European) Union is founded and which are common to all the Member States,” it reads. “The aspects of the amending law targeting content which portrays or promotes deviation from the self-identity corresponding to the sex assigned at birth, gender reassignment, or homosexuality constitute a coordinated series of discriminatory measures which are in breach, in a way that is both manifest and particularly serious, of the rights of non-cisgender persons — including transgender persons — or non-heterosexual persons, as well as the values of respect for human dignity, equality and respect for human rights, including the rights of persons belonging to minorities.”

“Consequently, that law is contrary to the very identity of the (European) Union as a common legal order in a society in which pluralism prevails,” notes the press release.  “Hungary cannot validly rely on its national identity as justification for adopting a law which is in breach of the values referred to above.”

The Háttér Society, a Hungarian LGBTQ rights group, said the ruling “is a milestone for the protection of human rights in the European Union, and it is also a historic victory for LGBTQI people in Hungary.”

The court issued its ruling nine days after Péter Magyar ousted Orbán in Hungary’s elections.

Orbán took office in 2010.

He and his government faced widespread criticism over its anti-LGBTQ crackdown that included laws that banned Pride events and other public LGBTQ events. (Upwards of 100,000 people last June denied the prohibition and marched in Budapest’s annual Pride parade.)

“Those amendments constitute a particularly serious interference with several fundamental rights protected by the (EU) Charter (of Fundamental Rights), namely the prohibition on discrimination based on sex,” notes the court’s press release.

The EU since Orbán took office has withheld upwards of €35 billion ($41.2 billion) in funds to Hungary in response to concerns over corruption, rule of law, and other issues. Magyar has said he will work with Brussels to unfreeze the money.

ILGA-Europe Deputy Director Katrin Hugendubel urged Maygar’s government to repeal the law.

“With this ruling, the CJEU (The EU Court of Justice) is confirming what we have been saying for six years,” said Hugendubel. “There is now no excuse for the Commission not to require Hungary to quickly withdraw the law. Hungary cannot enter a post-Orbán era without repealing this legislation, including the Pride ban.”

“If Péter Magyar truly aims to be pro-EU, he must place this at the top of his agenda for his first 100 days in office, as an essential part of his EU facing reforms,” added Hugendubel.

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Bulgaria

Top EU court issues landmark transgender rights ruling

Member states must allow name, gender changes on ID documents

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(Photo by nito/Bigstock)

The European Union’s highest court on Thursday ruled member states must allow transgender people to legally change their name and gender on ID documents.

The EU Court of Justice in Luxembourg issued the ruling in the case of “Shipova,” a trans woman from Bulgaria who moved to Italy.

“Shipova” had tried to change her gender and name on her Bulgarian ID documents, but courts denied her requests for nearly a decade.

A ruling the Bulgarian Supreme Court of Cassation issued in 2023 essentially banned trans people from legally changing their name and gender on ID documents. Two Bulgarian LGBTQ and intersex rights groups — the Bilitis Foundation and Deystvie — and ILGA-Europe and TGEU – Trans Europe and Central Asia supported the plaintiff and her lawyers.  

“Because her life in Italy also depended on her Bulgarian documents, the lack of documents reflecting her lived gender creates an obstacle to her right to move and reside within EU member states,” said the groups in a press release. “This mismatch between her gender identity and expression and her gender marker in her official documents leads to discrimination in all areas of life where official documents are required. This includes everyday activities such as going to the doctor and paying for groceries by card, finding employment, enrolling in education, or obtaining housing.” 

Denitsa Lyubenova, a lawyer with Desytvie, in the press release said the case “concerns the dignity, equality, and legal certainty of trans people in Bulgaria.” TGEU Senior Policy Officer Richard Köhler also praised the ruling.

“Today, the EU Court of Justice has taken an important step towards a right to legal gender recognition in the EU,” said Köhler. “Member states must allow their nationals living in another member state to change their gender data in public registries and identity cards to ensure they can fully enjoy their freedom of movement. National laws or courts cannot stand in their way.” 

“Thousands of trans people in the EU are breathing a sigh of relief today,” added Köhler.

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