Ar Lietuvoje, lyginant su kitomis valstybėmis, galiojantis teisinis reguliavimas užtikrina seksualinių mažumų teises ir laisves? ; Does in Lithuania, comparing with other countries, existing law regulation, ensure the rights and freedoms of sexual minorities?
SUMMARY The objective of this Master's Thesis is to analyze and compare Lithuania, Norway, Netherlands and The Great Britain Constitutional human rights and legal provisions wich ensure the rights and freedoms of sexual minorities. With regard to the comparative analysis of the present findings, disclosed the sexual minority rights in Lithuania. The Thesis consists of an introduction followed by two chapters and conclusions. The first chapter deals with the conceptions of sexual minorities and homosexual orientation. Also analyzed the Lithuanian Constitutional human rights and legal provisions wich provide the right to protection, equality, freedom of expression and privacy of sexual minorities. The second section consist legal acts analysis wich regulate sexual minorities rights in Norway, Netherlands and Great Britain. Specifying Constitutional rights and statutory provisions which are providing legal rights to protection, equality, freedom of expression and privacy of sexual minorities. Analyze and compare Lithuania, Norway, Netherlands and Great Britain Constitutional human rights and legal provisions wich ensure the rights and freedoms of sexual minorities. Sexual minorities are groups of people whose sexual orientation, gender identity or sexual characteristics are different from the presumed majority of the population, which are male or female heterosexuals. The term referred primarily to lesbians and gays, bisexuals and transgender people. These four categories are often grouped together and called as LGBT persons. Regarding of society formed stereotypes, these individuals are often faced with the legal and social exclusion. Opposition receives both authorization and prohibition to marry, adopt or publicly promote their way of life. Therefore, sexual minority rights and freedoms is one of the most debated topics in Lithuania and in the world. Article 21 of Lithuania Constitution provides that, the human person is inviolable. Human dignity shall be protected by law. It shall be prohibited to torture, injure, degrade, or maltreat, and to impose such penalties. Article 169 of the Criminal Code prohibit direct discrimination on grounds of sex, sexual orientation, race, nationality, beliefs or other attitudes. Prohibition of sale, produce, acquire to send, carry, keep the things that incite or promote hatred violence and discrimination based on gender, sexual orientation, race, ethnicity, and other cases are provided in the Criminal Code article 170. Article 29 of Lithuania Constitution lay down non-discrimination principle of all persons, other existing legislations guarantees equal rights to all people regardless of gender, sexual orientation, race or ethnic origin, disability, age, religion or belief. Article 2 paragraph 4 of Labour Code provides equality of employment law subjects, regardless of gender, sexual orientation and other circumstances. Article 2 of this act requires the employer to implement equal opportunities at work and in public service. Labour Safety and Health Act guarantees employed safe and healthy working conditions, regardless of the employee's sexual orientation. This act prohibit direct or indirect discrimination on grounds of age, sexual orientation, disability, race or ethnic origin, religion or belief. Article 25 of Lithuania Constitution provides that everyone has the right to hold opinions and to express them freely. Article 36 of Constitution lay, that unarmed citizens have the right in peaceful assembly. These two Constitutional provisions guaranties human right to expression. Country's Criminal Code, the Labour Code, the Occupational Safety and Health Act, the Equal Opportunity Act establishes the prohibition of discrimination on grounds of sexual orientation, but comparing to the rest of the world Lithuania valid legal regulation does not ensure sexual minority rights and freedoms. In Norway, the Netherlands and Great Britain gender identity is stored value of the law and same-sex marriage are legal by the law. These countries have established legal regulation laying down the conditions and gender reassignment procedures. In Netherlands and Great Britain the same sex can form a partnership. There is no statutory regulations, which set the conditions for gender reassignment procedures in Lithuania. Article 2.27 of Lithuanian Civil Code provides that \"an unmarried adult has the right to medically change their sex, if it is medically possible. Sex changing conditions laid down by law". To implement these provisions was prepared draft law regulating the treatment of transsexualism, but due to conflicting public assessment, this law has not been adopted. For this reason in country does not exist discriminatory crimes of sexual identity basis. The country does not allow same-sex marriage or partnership formation. Article 38 of Lithuania Constitution establishes that "marriage are formed in agreement between a man and a woman ''. According to this provision, the same-sex marriage are not available in the Country. Lithuania legal acts unlike in Norway, Netherlands and Great Britain does not include gender identity concept. In Lithuania transsexual person (a person who has a gender identity confusion) rights and freedoms are not guaranteed, because none of the above provisions of the law does not include gender identity grounds. For this reason, information about hate crimes, sexual identity simply does not exist.