Since the beginning of 2019, the rising attacks on lesbian, gay, bisexual, transgender and intersex (LGBTI) people in Poland raised concern among several EU members. Although state officials, national and local governments and politicians made homophobic statements in Romania, Estonia, Spain, the UK, and Hungary, in Poland, authorities didn’t limit their actions to hate speech.
On Tuesday, December 12, the European Court of Human Rights condemned Poland for violating the right to respect a private life by failing to provide a framework that recognises and protects same-sex couples.
Building a homophobic state
The ultra-conservative Law and Justice (PiS) party, which ruled the country for eight years, invented several Soviet-like terms for its propaganda needs. One of these terms was the “LGBTI ideology”.
As the government and the state-controlled media started to spread the new slogan, homophobia increased, resulting in open acts of discrimination and harsh hostility against homosexuals.
PiS claims that allowing marriage and adoption for same-sex couples endangers traditional family structures and is harmful to children. It also argues that teaching LGBTQ issues in schools sexualises children.
One of the most brutal acts was the decision of more than 80 Polish municipal or local governments to proclaim themselves to be “free from LGBTI ideology” and prohibit entry of LGBTI people to their territories.
In December 2019, the European Parliament urged the Commission to condemn all public acts of discrimination against LGBTI people, notably the development of so-called ‘LGBTI-free zones’ in Poland.
MEPs notably condemned the areas “free from LGBTI ideology” established since the beginning of 2019 by dozens of municipalities, counties and regions in the southeast of Poland. They also urged Polish authorities to condemn these acts and to revoke all resolutions attacking LGBTI rights.
In addition, MEPs called on the Commission to monitor how all EU funding is used to remind stakeholders of their commitment to non-discrimination and that such funds must not be used for discriminatory purposes.
PiS is responsible for this situation. Its government promoted nationalism and ultra-conservatist views. It also adopted part of the far-right rhetoric; it embraced far-right elements and followers of the most extreme conspiracy theories. Through the state-controlled media, the party educated the public opinion with hate against women’s rights, refugees, Muslims, and the LGBTI community.
Poland condemned for discrimination against same-sex couples
Ten Polish nationals who are in same-sex relationships lodged complaints with the European Court of Human Rights in Strasbourg after the authorities refused their application to get married. They argued that most of the Council of Europe member states recognise the right of same-sex couples to marry or enter into registered civil unions. They claimed that due to being denied this right, they are discriminated against in areas such as family law, social rights, and taxation. For instance, same-sex couples are discriminated against in matters of inheritance.
“Same-sex couples could only inherit from each other if they had been indicated in a will, whereas married couples could inherit from each other by law. Inheritance between the members of a same-sex couple was subject to inheritance tax at the highest rate, as they were not considered close family, whereas married couples and other close family members were exempted from any inheritance tax,” the verdict notes.
Another task for Tusk’s government
The new government of Donald Tusk should now consider the verdict and quickly make changes to the law. During the election, Tusk promised to introduce a provision for same-sex partnerships and considers it a priority. In an effort to fight discrimination, Tusk’s cabinet will be the first to include a Minister for Equality, Katarzyna Kotula, a politician from the New Left party, which is part of his pro-European coalition.
[“As Minister for Equality, I declare that this will be one of my priorities, said Minister Katarzyna Kotula. Credit: Katarzyna Kotula @KotulaKat]
“Poland must introduce regulation of same-sex relationships – the European Court of Human Rights has ruled! It is scandalous that PiS caused LGBT people to have to fight for their rights on the European arena because in their homeland the hateful authorities deprived them of their basic rights,” Minister Kotula posted on Twitter. “It’s a good day. The time of discrimination is passing. We know that we are all different, but we are equal. We will ensure equality for all – which is guaranteed by Article 32 of the Constitution: Everyone is equal before the law. Everyone has the right to equal treatment by public authorities. No one may be discriminated against in political, social or economic life for any reason. As Minister for Equality, I declare that this will be one of my priorities,” she added.
