Successful training on European law and its use for LGBT people took place in Slovakia
01/07/2011
Submitted by
Iniciatíva Inakosť
The specialised training "Influence of european law on rights of LGBT people in Slovak
republic" was organised by Iniciatíva Inakosť on 17th June 2011. The event took place
in Bratislava, Slovakia, as a part of Equal Jus project, with support of Rosa Luxemburg Foundation and Slovak National Centre for Human Rights. Participants were lawyers, human rights officers and activists.
On the beginning Mr. Ivo Slávka informed about the Equal Jus project and presented lecture:
- Exploitation of European laws and case-law of courts of EC –
(ECHR, ECJ) to change legal order in Slovak republic
Martin Macko presented lecture:
- Rights of sexual minorities in Slovak republic (LGBT people and same-sex couples)
Martina Štěpánková (Czech Rep.) held lecture:
- Law of the European union and the protection of sexual minorities
František Valeš (Czech Rep.) held a lecture:
- Right to private life and family life in case-law of courts of EC – (ECHR, ECJ)
Each lectures was followed by discussion with participants.
The seminars, training and other similar events on the LGBT topics are very rare in Slovakia and there has not been any such specialized event for lawyers yet. Therefore, participants appreciated the Equal Jus project and the local training. The training was the first opportunity to organize such activity focused specially for the people who represent
a group indispensable for achievement of positive changes in slovak LGBT area.
The training made it possible for a new group of experts to bring new arguments into the debate around one table. Lectures informed participants about the European law
relating to LGBT people. Participants discussed how to use European law to promote LGBT rights in Slovakia and also they expressed their concerns that vigorously
arguing for changes in law using European law without expert knowledge and wide public discussion will not lead to achieving the desired changes.
The training was considered as quite short and participants expressed they would appreciated more time fore debates with experts. Some participants stressed that
it is important to continue in networking of experts and to ensure that the training is not the only one isolated activity without any follow up work. The biggest weakness of the provided training and especially its outcomes is the low willingness of the practicing lawyers to deal in their practice with the LGBT issues.
The discussion led by the participants was concentrating on the question of how to achieve positive change in laws relating to family life of LGBT people in Slovakia and which tools should be used. Since the political environment is very unfriendly to any positive change, currently it is difficult to achieve any positive change through the legislative process. The participants proposed to use strategic litigation as a tool which might bring
the change. Nevertheless there has not been any legal case relating to family rights of LGBT people in Slovakia yet and there is not any LGBT organization that has the capacity to implement such a litigation.
Since there has been many very important cases around the Europe, the participants found it necessary to find about the experience of foreign LGBT NGO´s on how to conduct strategic litigation, specially how to find a case, how to deal with it, how to work with the public opinion, what kind of special support to provide for clients, funding of
litigation. The next question of discussion was why the law on registered partnership should be considered as an integral part of family law and not as a question of the personal status.
Currently Iniciatíva Inakosť (slovak LGBT NGO) is considering to include strategic litigation more and more into its strategies for changing laws related to LGBT people, focusing on spreading information and providing necessary knowledge-base and networking to interested lawyers who would like to deal with cases relating to LGBT rights in country.
republic" was organised by Iniciatíva Inakosť on 17th June 2011. The event took place
in Bratislava, Slovakia, as a part of Equal Jus project, with support of Rosa Luxemburg Foundation and Slovak National Centre for Human Rights. Participants were lawyers, human rights officers and activists.
On the beginning Mr. Ivo Slávka informed about the Equal Jus project and presented lecture:
- Exploitation of European laws and case-law of courts of EC –
(ECHR, ECJ) to change legal order in Slovak republic
Martin Macko presented lecture:
- Rights of sexual minorities in Slovak republic (LGBT people and same-sex couples)
Martina Štěpánková (Czech Rep.) held lecture:
- Law of the European union and the protection of sexual minorities
František Valeš (Czech Rep.) held a lecture:
- Right to private life and family life in case-law of courts of EC – (ECHR, ECJ)
Each lectures was followed by discussion with participants.
The seminars, training and other similar events on the LGBT topics are very rare in Slovakia and there has not been any such specialized event for lawyers yet. Therefore, participants appreciated the Equal Jus project and the local training. The training was the first opportunity to organize such activity focused specially for the people who represent
a group indispensable for achievement of positive changes in slovak LGBT area.
The training made it possible for a new group of experts to bring new arguments into the debate around one table. Lectures informed participants about the European law
relating to LGBT people. Participants discussed how to use European law to promote LGBT rights in Slovakia and also they expressed their concerns that vigorously
arguing for changes in law using European law without expert knowledge and wide public discussion will not lead to achieving the desired changes.
The training was considered as quite short and participants expressed they would appreciated more time fore debates with experts. Some participants stressed that
it is important to continue in networking of experts and to ensure that the training is not the only one isolated activity without any follow up work. The biggest weakness of the provided training and especially its outcomes is the low willingness of the practicing lawyers to deal in their practice with the LGBT issues.
The discussion led by the participants was concentrating on the question of how to achieve positive change in laws relating to family life of LGBT people in Slovakia and which tools should be used. Since the political environment is very unfriendly to any positive change, currently it is difficult to achieve any positive change through the legislative process. The participants proposed to use strategic litigation as a tool which might bring
the change. Nevertheless there has not been any legal case relating to family rights of LGBT people in Slovakia yet and there is not any LGBT organization that has the capacity to implement such a litigation.
Since there has been many very important cases around the Europe, the participants found it necessary to find about the experience of foreign LGBT NGO´s on how to conduct strategic litigation, specially how to find a case, how to deal with it, how to work with the public opinion, what kind of special support to provide for clients, funding of
litigation. The next question of discussion was why the law on registered partnership should be considered as an integral part of family law and not as a question of the personal status.
Currently Iniciatíva Inakosť (slovak LGBT NGO) is considering to include strategic litigation more and more into its strategies for changing laws related to LGBT people, focusing on spreading information and providing necessary knowledge-base and networking to interested lawyers who would like to deal with cases relating to LGBT rights in country.
