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On Wednesday, Paulius Saudargas, Laurynas Kasčiūnas, Vilija Aleknaitė-Abramikienė and Audronius Ažubalis, members of the Lithuanian Christian National-Democratic Union (TS-LKD) faction, addressed the Seimas President Viktorija Čmilytė-Nielsen and the Seimas Law Committee and Order to request. a registered project that proposes the legalization of a coexistence contract. Thus, according to parliamentarians, an alternative to the association law initiated by Freedom Group is proposed.
Tomas Vytautas Raskevičius, president of the Seimas Human Rights Committee, representative of the Freedom Party and one of the main promoters of the Association Law, which provides for the legalization of same-sex relations. Delfi.lt He assured that the proposed bill should not be understood in a strict sense: this law focuses not only on the welfare of one sex, but also on the welfare of people of different sexes living outside of marriage.
“The institute of associations aims to create an additional legal mechanism that allows people living together in Lithuania to legalize their relationships outside of marriage,” he said.
However, it seems that it can be difficult to reach a consensus on this bill both in the Seimas and in society. According to the Baltic Research poll conducted January 15-19, 58 percent. In the area of family policy, the Lithuanian population between 18 and 74 years of age would support the initiative to strengthen and maintain a family consisting of a man and a woman. And the initiative to change the legal concept of the family so that family rights are also acquired by same-sex couples is supported by less than a tenth, that is, 8% of those surveyed.
With the relatively well-established concept of the traditional family in society, TS-LKD representative L. Kasčiūnas assured that it is possible to resolve legal problems related to societal issues in another way that protects a sensitive concept and well established family. .
Laurynas Kasčiūnas
© Photo of the Seimas Chancellery (author Olga Posaškova, Džoja Gunda Barysaitė)
Offer another alternative
The Baltic Research poll, conducted January 15-19, also showed that 41 percent of respondents agreed with the statement that gay couples are not a family, but it is important to provide them with the necessary legal protection and address practical issues. such as financial management, inheritance, divorce, health representation, etc.
17 percent of respondents supported the claim that gay couples have the right to a family relationship, so it is important to legitimize a gender-neutral association. 23 percent The survey participants assured that homosexual couples already have all the legal rights and guarantees they need. And 19 percent. respondents had no opinion on this.
How Delfi.lt assured the parliamentarian L. Kasčiūnas, the alternative proposed in the Seimas resists precisely from 41 percent. Respondents who agreed with the statement that gay couples are not a family, but it is important to provide them with the necessary legal protection and address practical issues such as financial management, inheritance, divorce, health representation, etc.
“According to the jurisprudence of the Supreme Court of Lithuania, in the cases in which the questions of separation of coexistence are resolved, the institute of joint activity established in the sixth book of the Civil Code is followed. However, the current regulation of joint activities is not enough for cohabitants to be able to exercise their rights effectively and protect their patrimonial interests.
In Lithuania, amendments to the Civil Code have been prepared, which provide for a separate type of contract – a coexistence agreement. The objective of this project is to provide legal guarantees and solve the practical problems of people who live together without delving into the nature of their private relationship.
The draft agreement has already been approved by Seimas in the presentation phase. During the review, it could be developed further to meet stakeholder expectations as much as possible.
This proposal would better respond to the attitudes of society, it would not generate internal resistance, it would not deepen social divisions, it would not change the scenario of the Lithuanian culture wars ”, L. Kasčiūnas commented on the proposed alternative.
According to him, a coexistence agreement would respond both to the current need for legal regulation and to the existing attitudes and beliefs in society regarding the family.
L. Kasčiūnas together with A. Ažubalis, P. Saudargas and V. Aleknaite-Abramikiene addressed the spokesperson of the Seimas and the chairman of the Public Order Committee of the Seimas regarding this alternative.
“The mandate of the new Seimas is characterized by active political debates and legal initiatives regarding the legalization of the association (gender neutral). Meanwhile, the Project, which proposed the legalization of a coexistence agreement, proposes a compromise for the legalization of the association, which would effectively solve the inconveniences and problems of the cohabitants, but at the same time it would not cause such controversial valuations and consequences in the Lithuanian society as legalization of the society.
In light of this, we ask that the Draft be discussed in the Law and Order Commission without delay, and then Seimas be given the opportunity to decide on its adoption, ”the speech reads.
L. Kasčiūnas calls for protection of the concept of family
According to L. Kasčiūnas, the supporters of the association law proposed by the Freedom Party speak of the amendments to the Civil Code, which refer to the family sphere. According to L. Kasčiūnas himself, the draft agreement, which he defined, would protect the delicate concept of family.
“It is important to note that the draft agreement regulates coexistence through joint activities and not through the institution of the family, thus protecting the notion of natural family (it would not be equivalent to other forms of coexistence relationship),” he explained.
The parliamentarian also stressed that international human law does not impose the obligation to grant legal status to the family to other forms of coexistence.
Tomas Vytautas Raskevičius
© Photo of the Seimas Chancellery (author Olga Posaškova, Džoja Gunda Barysaitė)
“This was also recognized by the Constitutional Court of the Republic of Lithuania in 2019. January 11 in the ruling:“ The Convention does not impose a general obligation on States Parties to ensure in domestic law that persons of the same sex have the same opportunity to marry or form a couple; The States will exercise their discretion in this area. “
By refusing to recognize the right to association, the state does not violate any human rights, as such universal human rights do not exist. If some states decide to enshrine this right in their laws, it is a decision of the legislators of that state, which creates a legal regulation, but not a universal human right ”, detailed L. Kasčiūnas.
Elder of the Freedom Group: We would see this movement as a lack of respect for the people
Ieva Pakarklytė
© DELFI / Josvydas Elinskas
The elder of the Freedom Faction, Ieva Pakarklytė, critically evaluated the TS-LKD proposal. According to her, the regulation of relations through the institute of joint activities will not solve the existing problems.
“The desire of individuals to be together, the desire to create life and love, is not the same as creating a company and some kind of joint venture. This is a symbolic action. We are talking about respect and equal opportunities for all our citizens, regardless of their sexual orientation, nationality or status.
We would view this measure as disrespectful to the people and would not address the issue again. The relationship between two people is not a company, ”said I. Pakarklytė.
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