Watch out for Stereotypes!

There are various stereotypes about LGBTI people in the public sphere, so please keep the following points in mind:

Talking about one’s relationships or private life is not “nailing one’s colours to the mast”– persons in heterosexual relationships talk about their husbands, wives or children without even noticing!

LGBTI persons are no less capable of forming lasting, stable relationships based on feelings than anyone else.

LGBTI persons do not look, dress or behave in a certain way, sexual orientation or gender identity is not associated with a certain lifestyle or character traits.

You should never associate homosexuality (a sexual orientation involving relations with adults) with paedophilia (which is a sexual disorder associated with the display of sexual attraction to children).

You should make no assumptions about a person's sexual orientation or gender identity.

Consider whether sexual orientation or gender identity may have influenced the assessment of the credibility of a party or witness?

In Salgueiro da Silva Mouta v. Portugal (21.12.1999, no. 33290/96), the European Court of Human Rights found that the refusal to grant custody of a child to a father on the grounds of the father’s homosexuality infringed the European Convention on Human Rights (Article 8 read in conjunction with Article 14).

Do you think it is necessary to consider the sexual orientation or gender identity of a parent and their loved ones in deciding on parental authority or contact rights? 

Article 18 of the Polish Constitution (which states that marriage, as a union of a man and a woman, is placed under the protection and care of the Republic of Poland) should not be understood as a provision that precludes the affording of any legal protection to same-sex couples and LGBTI persons. Please make a note of the international case law on the family life of same-sex couples is worth noting.

In Oliari and Others v. Italy (21.07.2015, no. 18766/11 et al.) and Orlandi and Others v. Italy (14.12.2017, no. 26431/12 et al.), the European Court of Human Rights found that the European Convention on Human Rights (Article 8) requires a guarantee of legal recognition and protection for same-sex couples. 

As the Court of Justice of the European Union noted in Coman (5.06.2018, C-673/16), the effects of same-sex marriages must be recognised in the area of EU freedom of movement, irrespective of whether same-sex marriages can legally be concluded in a given country.