Migration office urges Lithuanians to abandon their nationality

Migration office urges Lithuanians to abandon their nationality

Posted on April 04, 2017
The matter of spelling names and surnames, especially problematic for families where one parent is a Lithuanian citizen and another is a foreigner, is getting worse. Lithuanian politicians cannot find common ground in the bill. Courts investigate several dozens of cases pledging w, x and q letters in the population register. Migration office is doing everything to urge Lithuanian citizens ;to abandon their nationality. During the conference organized by The European Foundation of Human Rights (EFHR) it has been found out that Migration office worker has suggested kids who have Lithuanian...
The final verdict – letter ‘w’ in identity card

The final verdict – letter ‘w’ in identity card

Posted on March 07, 2017
Today the Supreme Administrative Court of Lithuania issued final and not debatable rule on the inscription of the letter ‘w’ in Lithuanian passport and identity card in the case of Wardyn. The surname of Wardyn is well known as one of the first families who started to fight for the original spelling of proper names a decade ago. On 7 November, 2016 the District Court of Vilnius Region issued a decision in which obliged the Civil Registrar’s Office to issue a new marriage certificate with the letter ‘w’ in the surname of Lithuanian woman of Polish descent who married Polish citizen....
Juridical nihilism continues - ‘x’ in documents issued by Lithuania

Juridical nihilism continues – ‘x’ in documents issued by Lithuania

Posted on March 03, 2017
This week the Supreme Administrative Court of Lithuania issued two final rules on the spelling of proper names – in the cases of Jacquet and Mickiewicz the court obliged to incorporate in children’s passports their proper names in Lithuanian as well as in original language. This court’s decision created an ambiguous situation – the inscription in original language is not questioned by Population Register, however, in Lithuanian passport it is obliged to incorporate and formally adopt the artificially made Lithuanian form, i.e., institutions view in the Register and birth certificate...
Kaunas Regional Administrative Court said “yes” for “w”

Kaunas Regional Administrative Court said “yes” for “w”

Posted on February 23, 2017
On 23 February 2017 the Kaunas Regional Administrative Court referred to the case of the refusal to issue children with Lithuanian passports with the letter “w” in the Migration Office. The court ruled that Lithunian passports with the surname “Wade” must be issued to juveniles. The court acknowledged that petitioner’s family faces many problems. Documents indicate that petitioner’s family is identified on the basis of the original spelling of the surname “Wade”. Children are citizens of the United Kingdom and have English passports. The family frequently travels across the EU...
New achievement in the case of proper names spelling

New achievement in the case of proper names spelling

Posted on February 18, 2017
On 3 February, 2017 the district court of Kaišiadoriai obligated the Civil Registry office (municipality’s administration) of the area of Kaišiadoriai to issue a new marriage certificate which includes the letter ‘w’. During the analysis of the case, the court considered the clarifying of the Court of Justice of the European Union and factual circumstances which involve translation. In the analysis of the current case it was identified that the petitioner had a marriage with the citizen of the Republic of Poland, A.O., and chose her husband’s surname. In the marriage certificate...
Lithuanian’s year in the European Court of Human Rights

Lithuanian’s year in the European Court of Human Rights

Posted on January 17, 2017
European Court of Human Rights (hereinafter “the Court”) in Strasbourg is one of the core bodies of the Council of Europe framework. The Court functions as a last option defender of human rights recognised in the European Convention of Human Rights. Every individual can address his/her case to the Court if he/she thinks that his/her human rights have been infringed, and state’s juridical mechanisms have failed to provide correction to the injustice. During its lifespan, the Court has gained significant juridical power among the European states. In other words, the states usually respect...
Restriction of personal liberty for one year and a half for 15 comments on the Internet

Restriction of personal liberty for one year and a half for 15 comments on the Internet

Posted on January 13, 2017
DELFI (T.Vinicko nuotr.) On January 5th, Kaunas Regional Court examined the penal case of R.P. on grounds of his appeal against the judgment of The District Court of Prienai Region from April 12th 2016, when R.P. was found guilty on the basis of articles 2 and 3 of paragraph 170 of The Criminal Code of the Republic of Lithuania – for public taunting, encouraging hatred and promotion of discrimination against a group of people of Russian nationality or a person who constitute a part of it and for promoting violence in public. In 2015, European Foundation of Human Rights (hereinafter...
Restriction of personal liberty for one year and a half for 15 comments on the Internet

Restriction of personal liberty for one year and a half for 15 comments on the Internet

Posted on January 13, 2017
DELFI (T.Vinicko nuotr.) On January 5th, Kaunas Regional Court examined the penal case of R.P. on grounds of his appeal against the judgment of The District Court of Prienai Region from April 12th 2016, when R.P. was found guilty on the basis of articles 2 and 3 of paragraph 170 of The Criminal Code of the Republic of Lithuania – for public taunting, encouraging hatred and promotion of discrimination against a group of people of Russian nationality or a person who constitute a part of it and for promoting violence in public. In 2015, European Foundation of Human Rights (hereinafter...
Increase of the criminal liability for discrimination in the workplace

Increase of the criminal liability for discrimination in the workplace

Posted on January 10, 2017
Office of the Equal Opportunities Ombudsperson announces that the Code of Administrative Offences entering into force starting from January 1st this year replaces the Administrative Delinquency Code. In the new code the amount of the penalties for violations of the principle of equal rights for women and men and equality of opportunity has been increased. In the new code the penalty imposed on directors of legal entities, employers and other people responsible for the violation of the principle of equal rights for women and men and equality of opportunity amounts from 40 to 560 EUR and in...
EFHR fights with discrimination in electronic space

EFHR fights with discrimination in electronic space

Posted on January 02, 2017
For several years the European Fundation of Human Rights (EFHR), together with the Office of the Equal Opportunities, has struggled with discriminatory job offers that appear on the Internet and in the press. Art. 11 of the Law on Equal Treatment stipulates that job advertisements as well as state service and learning offers cannot include requirements that refer to dicrimination on the grounds of sex, race, nationality, language, origin, social status, religion, beliefs and opinions, age, sexual orientation, disability, ethnic origin or religion. According to Art. 11 of the Law on Equal...
The Office for Democratic Institutions and Human Rights (ODIHR) released Hate Crime Statistics of 2015

The Office for Democratic Institutions and Human Rights (ODIHR) released Hate Crime Statistics of 2015

Posted on December 29, 2016
On 16 November 2016, in Warsaw, Organization’s for Security and Co-operation in Europe (OSCE) Office for Democratic Institutions and Human Rights (ODIHR) issued Hate Crime Statistics on their website in order to honor the National Day for Tolerance. The 2015 Hate Crime Statistics include the statistical data of 41 official member states, three international corporations and 113 civil society organizations.‘‘One of the ongoing tendencies in 2015 Hate Crime Statistics is insufficient collection of the data. The main spheres of insufficient data gathering are the hate crimes against...
Courts continue to settle the issue of the spelling of the names – two won cases

Courts continue to settle the issue of the spelling of the names – two won cases

Posted on December 27, 2016
DELFI (T.Vinicko nuotr.) On November 22nd, The Vilnius City District Court adopted a decision concerning the complaint of a Lithuanian citizen. The court obliged the Registry Office in Vilnius to spell her daughter’s name using the letter “w” and to issue a new birth certificate. The court acknowledged that the family lives currently in Dubai. While registering the child’s birth,  the Registry Office spelled the name “Darbovli” and refused to use original spelling. In this case, the refusal to register the original name and to issue a new birth certificate with the name...
CERD concluding observations on Lithuania

CERD concluding observations on Lithuania

Posted on November 21, 2016
The Committee on the Elimination of Racial Discrimination (CERD) is a body of independent experts, which monitors implementation of the United Nation’s Convention on the Elimination of All Forms of Racial Discrimination by periodic country report procedure. On 6 January 2016, the CERD released its concluding observations on the combined sixth to eighth periodic reports of Lithuania. The report acknowledges multiple positive legislative acts and public policies, such as the Action plan for Roma integration into Lithuanian society for 2015-2020, the inter-institutional Action plan for...
The Court determined: the diverse spelling of surnames causes inconveniences

The Court determined: the diverse spelling of surnames causes inconveniences

Posted on November 07, 2016
On 7 November 2016, the District Court of Vilnius City passed the judgement in the case of ‘Wardyn’. The Court obliged the Civil Registry Office to issue a new Marriage Certificate entering ‘w’ into the surname of the Lithuanian of Polish nationality, who has got married with the citizen of Poland. While the passing the judgement, the Court considered the explanations of the European Court of Human Rights and assessed the actual circumstances. The Court stated that ‘The applicants are of the Polish nationality, clearly identify themselves with the Polish nationality, has obtained...
The court has decided - the government is not a socially vulnerable group

The court has decided – the government is not a socially vulnerable group

Posted on November 04, 2016
On 4 November 2016, after examining the criminal case, the district court of Kaunas city acquitted Viktorija K. and Linas K. of the charges which state that on the 16 February 2015 (on the Lithuanian Independence day), in public spaces in Kaunas, together with two other persons they were putting up posters with the writing ‘’Sudegink Ruklą, deportuok vyriausybę, imigrantai welcome’’ (translation: ‘’Burn Rukla (The Refugees Reception Centre in Lithuania), deport the government, welcome the refugees’’), i.e. the charges were pressed due to the public incitement of people to...
Another case concerning hate speech won

Another case concerning hate speech won

Posted on October 25, 2016
Another case of comments inciting hatred has been won – on October 17th 2016, The District Court of Keidainai Region have found M.J. guilty of posting the comments encouraging aggression and physical violence against Muslims – he was openly mocking, humiliating and spreading hade speech against this particular minority. European Foundation of Human Rights (EFHR) in an application sent to the Prosecutor’s Office stresses that on July 18th and 19th 2016, M.J. under the pseudonym “ABONETAS”, had written two comments under the article entitled “The truth has come to light: the...
The fight for original spelling of names and surnames does not stop – how much additional judgments shall be passed until the adoption of appropriate law?

The fight for original spelling of names and surnames does not stop – how much additional judgments shall be passed until the adoption of appropriate law?

Posted on October 20, 2016
European Foundation of Human Rights’ already in July 2016 noticed that there were won eight cases related to entry of the letters ‘w’ and ‘x’ into the documents issued for the citizens of the Republic of Lithuania. This time, two other courts passed particularly significant judgements in the fight for protection of the right of respect for private life and free movement of persons. On 12 October 2016, the The District Court of Varėna Region passed the judgement in the case of ‘Bobrowski’ obliging the Civil Registry Office of Varena Region to entry the surname of the citizen of...
Courts' challange to the newly elected Seimas – 'x' and 'w'

Courts’ challange to the newly elected Seimas – ‘x’ and ‘w’

Posted on October 11, 2016
On 10 October 2016, the Vilnius Courts posed challenge to the newly elected Seimas repeatedly acknowledging the right to privacy, free movement of persons and original spelling of names and surnames. Upon the hearing the case of the great-great grandson of Adam Mickiewicz, the Vilnius Regional Administrative Court decided to annul the decision of the Migration Board to refuse the issuing the passport for the minor Alexia Gorecki-Mickiewicz and obliged to issue a new one following the original spelling of her name and surname. Alexia has been already living in Lithuania for eleven years and...
EFHR is continuing its fight against incitement to hatred

EFHR is continuing its fight against incitement to hatred

Posted on September 14, 2016
DELFI (T.Vinicko nuotr.) On 15th of March 2016 on lrytas website appeared an article entitled: “ Confusion in Russia: Revolt against annexation of Crimea” (lit.: “„Rusijoje – sujudimas: įsiutino aneksuoto Krymo klausimas“), below which, the same day, a person under the nickname “DEBILAI RUSKELIAI” posted a comment: “atomic on your head, not on Crimea” (lit.:” „atomine jums ant galvos o ne kryma“). According to European Foundation of Human Rights (EFHR), the comment left under the article incited hatred in terms of national identity. Prosecutor’s office in Kaunas...
EFHR victory in the fight against hate speech

EFHR victory in the fight against hate speech

Posted on July 11, 2016
On May 19, 2016, the District Court in Panevezys adjudicated in a criminal case in which Lithuanian citizen V. S. was found guilty of incitement to hatred on the website lrytas.lt. Currently, the convicted man is unemployed, divorced, has secondary education and lives in Panevezys. V. S. was indicted for writing seven comments inciting to hatred and physical violence. The District Court in Panevezys decided that the comments posted on the website by V. S. publicly humiliate and defame individuals of Russian origin, incite to hatred and discrimination against Russians, by describing them as...
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