Ombudsperson strikes down anti-LGBT bill

2024-02-06 15:02 update: 2024-02-06, 21:16
Fot. PAP/Paweł Supernak
Fot. PAP/Paweł Supernak
Poland's ombudsperson has said that a draft law aimed to limit rights of LGBT people, proposed by a group of citizens, violates the constitution and EU law.

The Sejm, the lower house of the Polish parliament, is due to discuss a draft law submitted by the civic organisation "Stop LGBT" back in the previous parliamentary term.

The bill re-emerged after Szymon Holownia, the speaker of the Sejm, the lower house of parliament, promised to debate all civic bills that had been shelved by the previous parliament. The civic legislation intends to ban pride parades and "LGBT propaganda." 

The previous ruling party was often criticised for its hostile attitude towards sexual minorities and had disputes with EU institutions over the issue, but stopped short of processing the bill not to stir up emotions before the October 2023 elections, which it eventually lost.

Marcin Wiacek, the ombudsperson, passed his opinion on the proposal to the Sejm speaker on Tuesday. 

He stated that "the assumptions of the law are contrary to current scientific knowledge: medical, psychiatric and psychological, and based on prejudice against LGBT people."

"Homosexuality and transgenderism are not mental disorders or diseases, but personal characteristics, variants of the development of human sexuality and gender identity," Wiacek wrote in the opinion.

He denied that neither sexual orientation, nor transgenderism, as innate traits, could be 'passed' 'acquired' or 'learned'. The ombudsperson also undermined the alleged connections between sexual orientation and paedophilia.

According to Wiacek, the proposal "should be considered unconstitutional and in breach of Poland's international commitments." 

"An inherent and inalienable human dignity is treated as a fundamental principle and a source of human rights the International Covenant on Civil and Political Rights and the EU Charter of Fundamental Rights," he said.

Wiacek added that exercising freedom of speech by participation in public gatherings "must not depend on the beliefs of current political force."

The controversial bill has little chance of success in parliament which is dominated by a coalition of centre, left and conservative groupings, none of which seeks to curb minority rights. (PAP)

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