Baczkowski and Others v. Poland
Encyclopedia
Bączkowski and Others v Poland was a European Court of Human Rights
case which ruled unanimously that the banning of an LGBT pride parade in Warsaw, locally known as the Parada Równości (equality parade), in 2005 was in violation of Articles 11, 13 and 14 of the European Convention on Human Rights
. Delivered on May 3, 2007, the ruling was the first which affirmed that banning LGBT pride parades goes against the right to freedom of assembly
and association.
, Lech Kaczyński
(later President of Poland), refused to allow a gay pride parade to take place through the city, justifying his decision by the fact that the organisers had not submitted a traffic organisation plan, that such a parade would promote a "homosexual lifestyle" in Warsaw, and that he is against "propagating gay orientation". Despite this, on 11 June 2005, approximately 2500 people marched, in defiance of the ban.
One day before the parade, on 10 June 2005, the organisers appealed to the Governor of the Mazowsze Voivodship, arguing that the city's decision had breached their right to peaceful assembly. The Governor ruled that the city's requirement of a traffic organisation plan had been unlawful and that the parade was unlawfully restricted. Despite this, further proceedings were discontinued considering that the parade had taken place on 11 June 2005.
On 16 December 2005, the organisers of the parade, headed by Tomasz Bączkowski, began a court case against the Republic of Poland at the European Court of Human Rights, alleging that their right to peaceful assembly had been breached and that they had been treated in a discriminatory manner, considering that other marches were allowed to take place on June 11. The ECHR accepted the case on 5 December 2006.
The court also stated that Poland had violated Article 14 of the Convention, because other marches which had taken place on the same day were not subject to the same conditions as the gay rights march and were allowed to take place.
Furthermore, the court ruled that Article 13 of the Convention, relating to the right to an effective remedy, had been violated in that the organisers did not have any legal procedure at their disposal which would have enabled them to appeal the decision before the date on which the march was set to be held.
, the leader of Campaign Against Homophobia
, a Polish LGBT rights organisation, the ruling represented a "very important step towards equality for gay and lesbian people in Poland and... also in several other countries in central and eastern Europe."
Michael Cashman
, the head of the European Parliament
's Intergroup on Gay and Lesbian Rights, stated that:
Sarah Ludford, a Liberal Democrat MEP from the United Kingdom, declared that, "this judgement is extremely important as it is the first time that the European Court of Human Rights has ruled specifically on the question of banning Equality and Gay Pride marches. Its clarification that freedom of assembly applies fully to these events is, while fully expected, nonetheless welcome."
No official reaction has yet been released by the Polish authorities. However, the Secretary of State, Maciej Lopinski, stated that "the president [Lech Kaczynski] may take further action". Some sources state that the president of Poland may appeal against the verdict.
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
case which ruled unanimously that the banning of an LGBT pride parade in Warsaw, locally known as the Parada Równości (equality parade), in 2005 was in violation of Articles 11, 13 and 14 of the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
. Delivered on May 3, 2007, the ruling was the first which affirmed that banning LGBT pride parades goes against the right to freedom of assembly
Freedom of assembly
Freedom of assembly, sometimes used interchangeably with the freedom of association, is the individual right to come together and collectively express, promote, pursue and defend common interests...
and association.
Facts
In 2005, the Mayor of WarsawPresident of Warsaw
The Mayor of Warsaw, or more properly the President of Warsaw is the head of the capital of Poland....
, Lech Kaczyński
Lech Kaczynski
Lech Aleksander Kaczyński was Polish lawyer and politician who served as the President of Poland from 2005 until 2010 and as Mayor of Warsaw from 2002 until 22 December 2005. Before he became a president, he was also a member of the party Prawo i Sprawiedliwość...
(later President of Poland), refused to allow a gay pride parade to take place through the city, justifying his decision by the fact that the organisers had not submitted a traffic organisation plan, that such a parade would promote a "homosexual lifestyle" in Warsaw, and that he is against "propagating gay orientation". Despite this, on 11 June 2005, approximately 2500 people marched, in defiance of the ban.
One day before the parade, on 10 June 2005, the organisers appealed to the Governor of the Mazowsze Voivodship, arguing that the city's decision had breached their right to peaceful assembly. The Governor ruled that the city's requirement of a traffic organisation plan had been unlawful and that the parade was unlawfully restricted. Despite this, further proceedings were discontinued considering that the parade had taken place on 11 June 2005.
On 16 December 2005, the organisers of the parade, headed by Tomasz Bączkowski, began a court case against the Republic of Poland at the European Court of Human Rights, alleging that their right to peaceful assembly had been breached and that they had been treated in a discriminatory manner, considering that other marches were allowed to take place on June 11. The ECHR accepted the case on 5 December 2006.
Judgment
The European Court of Human Rights ruled that, even though the march still took place, the fact that it was banned by the city authorities represents an infringement of freedom of assembly under Article 11 of the European Convention for Human Rights. Additionally, the ruling affirmed that:The court also stated that Poland had violated Article 14 of the Convention, because other marches which had taken place on the same day were not subject to the same conditions as the gay rights march and were allowed to take place.
Furthermore, the court ruled that Article 13 of the Convention, relating to the right to an effective remedy, had been violated in that the organisers did not have any legal procedure at their disposal which would have enabled them to appeal the decision before the date on which the march was set to be held.
Reactions
The ruling was hailed by LGBT rights groups as a landmark decision for the rights of LGBT people to freedom of assembly. According to Robert BiedrońRobert Biedron
Robert Biedroń is a Polish LGBT activist and politician. He was previously a member of Social Democracy of the Republic of Poland party and the Democratic Left Alliance. Currently, he is a member of Palikot's Movement...
, the leader of Campaign Against Homophobia
Campaign Against Homophobia
Campaign Against Homophobia is a Polish LGBT organisation, which aims to promote legal and social equality for people outside the heteronorm. It was founded in Warsaw in September 2001 and since it has grown to the biggest NGO of this kind in Poland...
, a Polish LGBT rights organisation, the ruling represented a "very important step towards equality for gay and lesbian people in Poland and... also in several other countries in central and eastern Europe."
Michael Cashman
Michael Cashman
Michael Maurice Cashman is a British former actor, now a Labour politician. He has been a Member of the European Parliament for the West Midlands constituency since 1999.- Acting :...
, the head of the European Parliament
European Parliament
The European Parliament is the directly elected parliamentary institution of the European Union . Together with the Council of the European Union and the Commission, it exercises the legislative function of the EU and it has been described as one of the most powerful legislatures in the world...
's Intergroup on Gay and Lesbian Rights, stated that:
Sarah Ludford, a Liberal Democrat MEP from the United Kingdom, declared that, "this judgement is extremely important as it is the first time that the European Court of Human Rights has ruled specifically on the question of banning Equality and Gay Pride marches. Its clarification that freedom of assembly applies fully to these events is, while fully expected, nonetheless welcome."
No official reaction has yet been released by the Polish authorities. However, the Secretary of State, Maciej Lopinski, stated that "the president [Lech Kaczynski] may take further action". Some sources state that the president of Poland may appeal against the verdict.