Bączkowski and Others v. Poland (dec.)

Information Note on the Court’s case-law 92

December 2006

Bączkowski and Others v. Poland (dec.) - 1543/06

Decision 5.12.2006 [Section IV]

Article 11

Article 11-1

Freedom of peaceful assembly

Belated quashing of a refusal by a municipal authority to allow a march and assemblies: admissible

Article 14

Discrimination

Refusal by a municipal authority to allow a march or assemblies to be held, allegedly because of the sexual orientation of the organisers: admissible

The applicants – a group of individuals and an association, the Foundation for Equality – sought permission from the Warsaw municipal authorities for a planned march through the city and the holding of a series of assemblies intended to alert public opinion to the issue of discrimination against various minority groups (including homosexuals) and women. Citing road traffic regulations and the risk of violent clashes with other demonstrators, the authorities refused to grant permission for the march and for some of the assemblies. Relying on an interview given by the Mayor of Warsaw to a Polish newspaper shortly before the date scheduled for the demonstrations, the applicants allege that the real reason permission was refused was homophobia on the part of the municipal authorities. The applicants went ahead with their planned march despite the refusal and demonstrations and assemblies organised by various other groups were allowed to proceed. Although the applicants subsequently succeeded in having the municipal authorities' decisions quashed on appeal, they argue that this remedy came too late as the dates planned for the demonstrations had already passed. Parts of the legislation on which the municipal authorities had relied were later repealed after being ruled unconstitutional by the Constitutional Court.

Admissible under Article 11, taken alone and together with Article 13 or Article 14.

© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.

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