ECtHR says “Restrictions on children’s access to information about same-sex relationships, based solely on considerations of sexual orientation, incompatible with notions of equality, pluralism and tolerance inherent in a democratic society”

CASE OF MACATĖ v. LITHUANIA – (Application no. 61435/19)

See: https://hudoc.echr.coe.int/eng?i=001-222072

FOR THESE REASONS, THE COURT

  1. Holds, unanimously, that the applicant’s heir has standing to continue the present proceedings in her stead;
  2. Declares, unanimously, the complaint concerning Article 10 of the Convention admissible;
  3. Holds, unanimously, that there has been a violation of Article 10 of the Convention;
  4. Holds, by twelve votes to five, that there is no need to examine separately the applicant’s complaint under Article 14 of the Convention taken in conjunction with Article 10;
  5. Holds, unanimously,

(a) that the respondent State is to pay the applicant’s heir, within three months, the following amounts:

(i) EUR 12,000 (twelve thousand euros), plus any tax that may be chargeable, in respect of non-pecuniary damage;

(ii) EUR 5,000 (five thousand euros), plus any tax that may be chargeable to the applicant’s heir, in respect of costs and expenses;

(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;

  • Dismisses, unanimously, the remainder of the applicant’s heir’s claim for just satisfaction.
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