That is how the ministry responds to the choice of the European Court docket of Human Rights (ECtHR) introduced at first of 2023 that by making use of this provision, Lithuania violated the rights of the author Neringa Macatė.
“After such a choice is permitted, the Constitutional Court docket, after receiving the request, often decides inside a month the problem of admissibility, in different phrases, whether or not it is going to take up this case,” Minister Ewelina Dobrowolska instructed BNS.
Final 12 months, the federal government proposed to the Seimas to delete this provision from the Regulation on the Safety of Minors from the Unfavorable Results of Public Data, however the Parliament rejected the initiative in November.
“If it had been acknowledged that this provision contradicts the Structure, it could be thought of invalid and couldn’t be utilized,” mentioned the minister.
In keeping with E. Dobrowolska, extra readability within the authorized system may seem even when the Constitutional Court docket decides that the supply of the legislation doesn’t contradict the Structure. In keeping with her, in such a case, a proof could be offered, which the establishments could be guided by when making choices.
In a ruling handed final 12 months, the ECHR said that Lithuania violated the European Conference on Human Rights by proscribing the publication of N. Macatė’s e-book “Amber Coronary heart”.
Within the case of the now-deceased author N. Macatė, the ECHR discovered that by proscribing the publication of the e-book, Lithuania violated the provisions of the Conference for the Safety of Human Rights and Basic Freedoms associated to freedom of expression.
The e-book was printed by the Lithuanian College of Training in 2013, however after a couple of months, its distribution was stopped.
The college based mostly such a choice on the letter of the Journalists’ Ethics Inspector Service, wherein N. Macatė’s e-book is called as inflicting hurt to kids beneath 14 years of age. At the moment, the service defined its place by legitimate authorized regulation – the aforementioned provision of the legislation.
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2024-05-16 03:35:20