Information Note on the Court’s case-law 254

August-September 2021

MacatÄ— v. Lithuania (relinquishment) - 61435/19

Article 10

Article 10-1

Freedom of expression

Restrictions on publication and distribution of children’s book depicting same-sex relationships: relinquishment in favour of the Grand Chamber

The applicant, who is an author and openly homosexual, wrote a children’s book of fairy tales, aimed at social inclusion of various marginalised groups. Several of the fairy tales depicted love between people of the same sex. Soon after the book’s publication, the publisher stopped its distribution, on grounds that the depictions of same-sex family relationships might be harmful to children. It later renewed distribution, but added a warning that the book might have a negative effect on children under the age of fourteen.

The domestic court dismissed the applicant’s civil proceedings against the publisher on the basis that, under Lithuanian law, and as understood by the majority in Lithuanian society, a family was created by the marriage of persons of different sexes, and information which promoted different concepts of family and marriage was considered harmful to minors.

The applicant complains under Article 10, taken alone and together with Article 14, that the publication and distribution of her book was restricted because of its positive depiction of same-sex relationships.

On 31 August 2021 a Chamber of the Court relinquished jurisdiction in favour of the Grand Chamber.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

Click here for the Case-Law Information Notes