Конституционный суд
28 сентября 2011 года
Facts
A group of members of the parliament (Seimas) questioned the concept of the National Family Policy, which was approved by a resolution of the Seimas.
Complaint
The applicant based its request on the fact that, according to the Constitution, the family is a constitutional value, and the right to establish and maintain family legal relations is a social right of every person. Therefore, the Constitution implies that regulation should be laid down only by law. In contrast, the Policy laid down multiple terms that defined family.
Court's ruling
The Court held that the concept of family in the Policy, which includes only families based on marriage, is contrary to the Constitution. The Court stressed that the concept of family is broader and encompasses various forms of families, including unmarried couples and single parents. The Constitution guarantees the protection of all families, regardless of their nature, and the State is obliged to ensure equal treatment of all families. The concept of family includes not only marriage but also any stable relationship based on mutual care, responsibility and commitment, regardless of whether the partners are married.