Europe and Central Asia
Summary of Amnesty International’s Concerns in the Region, January-June 2007
“LGBT people should not promote their
sexual orientation” and attacked what he
called the “homosexual culture” and
suggested that widespread homosexuality
would lead to the disappearance of the
human race.
With regard to legislation, a proposal
announced by the government on 13 March
would
“prohibit
the
promotion
of
homosexuality and other deviance” in Polish
schools. The purpose of the measure was to
“punish whoever promotes homosexuality
or any other deviance of a sexual nature in
educational
establishments”,
Deputy
Minister of Education Mirosław Orzechowski
announced at a press conference. Failure to
comply could lead to dismissal, fine or
imprisonment.
AI was concerned that the measures would
be in violation of Poland’s international
obligations (such as set out in the
International Covenant on Civil and Political
Rights and the European Convention for the
Protection
of
Human
Rights
and
Fundamental Freedoms), as well as the
Polish Constitution and the commitments
undertaken when the country joined the
European Union (EU) in 2004.
The measure would deprive students of
their right to freedom of expression, of a
full education, and of the right to associate
freely.
It
would
institutionalize
discrimination in Poland’s school system,
and criminalize anybody who promotes
equality regardless of sexual orientation or
gender identity.
Reacting to these proposals, on 25 April the
European Commissioner for Employment,
Social Affairs and Equal Opportunities
Vladimir Špidla stated that the European
Commission would use all the powers and
instruments at its disposal to combat
homophobia. He also said that “were such a
bill ever to be drafted, it would lead to the
stigmatisation of a category of people on
the grounds of sexual orientation, and for
that reason it is unacceptable from the
point of view of European law” On 26 April,
the European Parliament (EP) issued a
resolution condemning homophobia in
Europe and urging member states to
Amnesty International
85
strengthen the protection of human rights
of LGBT people. Several Polish members of
the parliament (MEPs) walked out after a
vote to suspend the debate failed. The EP
censured far-right Polish MEP Maciej
Giertych for publishing a homophobic
pamphlet bearing the EP's logo. Entitled
"European values" the opinion piece stated
that homosexuality is "biologically useless"
and "reversible" as long as there is "the
desire to become heterosexual and the
spiritual motivation."
On 26 April, the EP expressed outrage at
growing intolerance towards lesbian and
gay people across Europe, singling out
Poland for special criticism. It passed a
resolution declaring that it would mark 17
May every year as International Day
against Homophobia. The resolution calls
for
worldwide
de-criminalisation
of
homosexuality
and
urges
all
EU
governments to bring forward laws to
tackle discrimination against same-sex
couples. Polish authorities were particularly
called "to publicly condemn and take
measures against declarations by public
leaders inciting discrimination and hatred
based on sexual orientation". The EP called
on its political group leaders to send a
delegation to Poland "for a fact-finding
mission, with a view to getting a clear
picture of the situation and enter into
dialogue with all parties concerned."]
On 20 June, Thomas Hammarberg, the
Council
of
Europe’s
Human
Rights
Commissioner, published a Memorandum
on his visit to Poland in 2007 in which he
expressed strong concerns about a number
of aspects of the Polish government's
approach
to
LGBT
people.
The
Commissioner made reference to the
withdrawal from circulation in early 2006 by
the Ministry of Education of the Polish
version of Compass – Human Rights
Education with Young People, a Council of
Europe anti-discrimination handbook and a
manual on human rights for young people.
During the Commissioner’s visit, he was
given an example of the sort of manual
which the government considered suitable
for the education of young teenagers. This
manual stated that “homosexuality is an
AI Index: EUR 01/010/2007
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