Resolution on "LGBT-free zones" [made by local governments in Poland] are counter to the polish Constitution – says the Ombudsman and reports them to administrative courts.
In the opinion of the Ombudsman the resolutions:
- are contrary to the constitutional principle of legalism, according to which public authorities act on the basis and within the limits of the law;
- are a ruling disposition for executive bodies of a commune and other subordinate bodies, to which they had no right to formulate a commune council;
- discriminate against non-heteronormative and transgender people, excluding them from the local government community;
- restrict the rights and freedoms of commune residents - their right to private and family life, freedom of expression, the right to education, the right to education and the right to bring up children in accordance with their own beliefs - in an unlawful manner, as limitations of these rights and freedoms may only occur in the Act.
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