Free speech, public morality and sexual diversity: The Decision in Macatė v Lithuania

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Abstract

This case analysis examines the recent decision of the Grand Chamber of the European Court of Human Rights in Macatė v Lithuania , concerning the partial censoring of a children’s book by a lesbian author which re-imagined various traditional fairy tales and which was labelled possibly harmful to children. The Grand Chamber decided that the interference was in breach of art.10 because the reason for restricting its publication—that it was sexually explicit and promoted same-sex relationships over different sex relationships—was not proven or based on any legitimate aim prescribed by art.10(2) . This analysis examines the decision and assesses its impact on public morality, sexual diversity and freedom of expression.
Original languageEnglish
Article number6
Pages (from-to)377-388
Number of pages12
JournalEuropean human rights law review
Volume2023
Issue number4
Publication statusPublished - 14 Aug 2023

Keywords

  • Children's welfare
  • Discrimination
  • Diversity
  • Freedom of expression
  • Literary works
  • Lithuania
  • Morality

ASJC Scopus subject areas

  • Law
  • Political Science and International Relations
  • Sociology and Political Science

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