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...
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...
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...
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...
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...
Court’s decision: “w” is to be written in the Lithuanian’s passport

Court’s decision: “w” is to be written in the Lithuanian’s passport

Posted on July 04, 2016
On 4th July 2016 the Vilnius Regional Administrative Court adopted the definitive ruling regarding the original spelling of first and last names. The court obliged the Migration Board to write the letter “w” in the citizen’s of the Republic of Lithuania (RL) passport. The court stated, “The decision of the Migration Board in which it refused to accept the official request for the issuance (change) of the ID card in the “Pauwels” name is unlawful and unjustified, as, pursuant to the new marriage certificate that has been issued, the petitioner’s surname has been changed from...
One More Victory Regarding Original Spelling of First and Last Names

One More Victory Regarding Original Spelling of First and Last Names

Posted on July 01, 2016
On 1st July the Vilnius City District Court adopted a ruling in which it obliged the Registry Office to issue a new marriage certificate with the surname “Weston” written with the original “w” for a Lithuanian woman who married a citizen of New Zealand. It is the fifth won court case already concerning the written form of the letter “w” in the surname in which the Vilnius City District Court adopts the consistent approach, highlighting that the refusal of writing the letter “w” would cause administrative, personal, and professional nuisances to the petitioner, forcing her to...
Another win. Courts agree — ”w” has the right to exist

Another win. Courts agree — ”w” has the right to exist

Posted on June 22, 2016
On 22nd June 2016 Vilnius City District Court issued a ruling which obliges the Registry Office to change the spelling of surname of Lithuanian resident with Polish nationality to its original form — from ”Vardyn” to ”Wardyn” — and issue a new birth certificate. This is the second case won by the Wardyn family — 12 April 2016 Vilnius City District Court obliged the Registery Office to write ”w” in the surname of the first Wardyn family child — son Michał. More about son’s win here. The Court decided that ”current legal regulations do not allow to sufficiently meet...
Discriminative criteria of hiring employees - recent warnings for employers

Discriminative criteria of hiring employees – recent warnings for employers

Posted on June 14, 2016
In 2015, the European Foundation of Human Rights (EFHR), together with the Service of the Spokesman for Equal Opportunities (furtherly referred to as: Service), prepared a guide through the non-discriminating job offers. This hands-on document is intended for employers and prompts them on how to rightly formulate job offers, without infringing the Act for the equal treatment of women and men and the Act for equal treatment. Despite the steps to raise the awareness of both employers and employees, taken by the EFHR and the Service, it still happens that some job offers qualify age, sex, or...
"W" does not pose a threat to the Lithuanian language

“W” does not pose a threat to the Lithuanian language

Posted on April 14, 2016
The District Court of Vilnius has delivered a landmark ruling regarding the spelling of last names. For the first time the Court has bound the Vilnius registry office to include the letter ‘w’ in the civil status records of a child. At the same time there is a third judgement confirming that the rights of an individual need to be respected in Lithuania. More about the ruling adopted last year on the family name Pauwels can be found here. On 12 April the Vilnius City District Court issued a ruling in the Wardyn case. The family concerned has been fighting in the courts for the...
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