General legal framework

• Author: Sabatauskait?, Birut?
• Pages: 15-17

15

1GENERAL LEGAL FRAMEWORK

Constitutional provisions on protection against discrimination and the

promotion of equality

The Constitution of the Republic of Lithuaniaincludes thefollowing articles dealing with

non-discrimination.

Article 29of theConstitution declares that:

‘All personsshall be equal before the law, the courts, and otherState institutions

and officials. A person’s rights may not be restricted,nor may he be granted any

privileges, on the ground of gender, race, “nationality”, language,origin, social

status, belief, convictions, or views.’

A general equality clauseis embodied in Chapter 2 under the heading ‘The Individual and

theState’. The wording ofthe article thus covers religion (beliefs) as well as political

views. According tothe Constitutional Court,

‘Convictions are a broad and diverse constitutional notion, including political,

economic convictions, religious feelings, cultural disposition, ethical and esthetical

views etc.’25

Although disability, age and sexual orientation arenot explicitly mentioned inthe text of

the Constitution, that does not necessarily implythat rights may be restricted on the

basis of disability, age or sexual orientation. The Constitutional Court stated once again

in its conclusion in 2019as well as in other conclusions before,that the Constitution is an

integral enactment that cannot be interpreted literally:

‘Therefore, Paragraph2 of Article 29 ofthe Constitution may not be understood as

consolidating anexhaustive list of the grounds of non-discrimination; otherwise, the

preconditions would be created for denying the equality of all persons before the

law, courts, and other state institutions, i.e. the very essence of the constitutional

principle of the equality of the rights of persons, as guaranteed under Paragraph1

of Article29 of the Constitution.

… In the context of the constitutional justice case at issue, it should be noted that

one of the forms of discrimination prohibited under Article29 of the Constitution is

the restrictionof the rights of a person on the grounds of his/her gender identity

and/or sexual orientation; such a restriction should also be regarded as degrading

human dignity.’26

Constitutional provisions regarding the principle of non-discrimination have been

commented upon in a ruling bythe Constitutional Court, which,under Article 72 of the

25 Ruling of the Constitutional Court of the Republic of Lithuania of 13June 2000, available in English at:

http://www.lrkt.lt/en/court-acts/search/170/ta1161/content.

26Conclusion ofthe Constitutional Court of the Republic of Lithuania elaborating on the grounds of sexual

orientation and gender identity, 11.01.2019,No.KT3-N1/2019.

In generalterms, thisConclusion concerned the issuing of a temporary residence permit to a foreign

national in the contextof family reunificationand the constitutionality of such provision. The Court held

that: ‘a temporary residence permit may be issued to a foreign national who is not a citizen ofa Member

State of the European Union or the European Free Trade Association not exclusively in cases where an

opposite-sex family member of such a foreign national resides in the Republic of Lithuania … but also in

cases where a same-sex family member ofsuch a foreign national resides in theRepublic of Lithuania, i.e. a

person with whom a marriage or registered partnership has lawfully been concluded in another state and

who is a citizen of the Republic of Lithuania or a foreign national (not a citizen of a Member State of the

European Unionor the European Free Trade Association) holding a residencepermit.’ The Constitutional

Court elaborated on the provisions of the Constitution, taking into account the constitutional provisions on

equality and referring also to international agreements and CJEU and ECtHRcase law. Conclusion available

in English at: http://lrkt.lt/en/court-acts/search/170/ta1915/content.