The Lithuanian state suffered a defeat at the European Court of Human Rights in a dispute over a book of fairy tales depicting same-sex relationships. A temporary ban on sales of Neringa Dangvyde Macate’s book “Amber Heart” (1975-2020) and a warning for children under 14 were unjustified, the Grand Chamber in Strasbourg ruled on Monday.
The state must now pay the mother of the deceased author 12,000 euros in damages for violating the right to freedom of expression.
In 2013, the openly homosexual author Macate published an adaptation of traditional fairy tales under the title “Gintarine sirdis”, which dealt with topics such as stigmatisation, bullying, divorced families and emigration. Two of the six stories involved same-sex relationships.
The book was aimed at children between the ages of nine and ten. After criticism from the Ministry of Culture, the media regulator and several parliamentarians, the book was withdrawn from the market. A year later it could be sold again, but only with a youth protection notice.
The Human Rights Court saw this as restricting freedom of expression and damaging the author’s reputation. However, the judges found no disparagement of heterosexual couples in the stories of mixed relationships. On the contrary, the book promotes respect for all members of society.
According to the judges, by wanting to limit children’s access to the tape, the Lithuanian authorities showed a preference for certain types of family and thereby contributed to the continued stigmatization of other relationships.
This contradicts the principles of equality, diversity and tolerance in a democratic society. Referring to previous case law, the court also stated that there was no scientific evidence that the mere mention of homosexuality or a discussion about the social status of sexual minorities harms children. (KNA)
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