Lithuania

The purpose of the Act is to set out penalties for administrative offenses. In addition, it classifies hate crimes and discrimination on the grounds of “gender, race, nationality, language, origin, social status, religion, belief, opinion, or other grounds” to be an aggravating circumstance. Article 81 dictates that the breach of rights conferred by the Republic of Lithuania Law on Equal Opportunities for Women and Men is subject to a fine of EUR 40 to EUR 560 and EUR 560 to EUR 1000 for repeat offenses.

This Act aims to protect any persons who are victims of domestic violence, including persons having a common household. It also defines “violence” as “intentional physical, mental, sexual, economic, or other influence exerted upon a person by act or omission, due to which the person suffers physical, material, or non-pecuniary damage.” Under the Act, victims do not have to submit a private complaint, but public prosecutors must charge the offenders.

Under the Criminal Code, rape is defined quite narrowly as “sexual intercourse against a person’s will with the use or threat of physical violence present or deprivation of possibility of resistance.” There is also no mention of rape in marriage. To hold a person liable for rape, which is punished by imprisonment for up to seven years, the victim or their representative must file a complaint. However, in the case of rape (i) by a group of accomplices or (ii) of a minor or a young child, the term of imprisonment can be longer, and complaint filing is not needed.

Two men published a Facebook post of them kissing, which sparked hundreds of homophobic comments. At their request, an LGBTQ rights advocacy organization complained to the prosecutor’s office, asking to launch an investigation for instigation of homophobic hatred and violence. Both the prosecutor’s office and court on appeal refused on the basis that the post was “eccentric” and the authors’ comments, even though obscene, did not contain actual criminal act and intent.

Under the Civil Code, same-sex marriages are prohibited. In case of a divorce by mutual consent, the marriage can be dissolved if over a year has elapsed, the spouses have made a contract regarding divorce consequences, and they have full active legal capacity. If a couple has children, they have equal rights and duties as parents, regardless of whether they were married, divorced, or separated. A parent cannot surrender their rights or responsibilities over underage children.

The applicant was a Lithuanian citizen working in an administrative role in the Polish Embassy in Vilnius. She filed a complaint against her male colleague for sexual harassment to the Lithuanian Equal Opportunities Ombudsperson and was later dismissed from her position. The Lithuanian courts declined jurisdiction citing the state-immunity rule.

The Labor Code confers upon the employer a duty to implement gender equality and non-discrimination principles, which include equal selection criteria, working conditions, benefits, work evaluation criteria, and remuneration for employees. Moreover, eligible employees are entitled to pregnancy and childbirth leave, amounting to 70 calendar days before and 56 calendar days after childbirth. Also, an employer cannot present a termination notice without mutual agreement to an employee they know to be pregnant until the day the baby turns four months old.

This case considers conformity of a Constitutional provision declaring that the State recognizes marriages registered in church with the Matrimonial and Family Code, which states that only civil marriages have legal effect. A widow was refused inheritance from her deceased spouse because their marriage was not contracted in a civil office before the passage of the Constitution. The Court affirmed that Constitutional provisions could not be applied retroactively, and thus only after 1992 when the legislation came into force can a church marriage be recognized by the State.

A Belarusian citizen and a Lithuanian registered their same-sex marriage in Denmark. In the same year, the Belarusian citizen applied for a Residency Permit on grounds of Family Reunification in Lithuania. However, it was denied by the Migration Department because neither same-sex marriage nor same-sex partnership is legal in Lithuania. The District Court affirmed the Migration Department’s decision; however, upon appeal, the Supreme Administrative Court decided to refer the case to the Constitutional Court.

This case considers conformity of constitutional provisions mandating that the State shall ensure, foster, and protect fatherhood, motherhood, and childhood, with the Children’s Maintenance Fund’s requirement that the applicant and the child must permanently reside in Lithuania to receive benefits. The petitioner argued that if the applicant and the child would lose their state-guaranteed support upon leaving Lithuania, it would violate the right to freedom of movement and the State’s duty to prioritize child interests.