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II. LEGAL FRAMEWORK, PUBLIC POLICIES
AND VIEWS OF STATE OFFICIALS
A. The legal and institutional framework to
combat racism and racial discrimination
Constitutional provisions
21. The general legal provision of equal treatment is established by article 29 of the
Constitution, which states that “all persons shall be equal before the law, the court and other
State institutions and officers” and that “a person may not have his or her rights restricted in any
way, or be granted any privileges, on the basis of his or her sex, race, nationality, language,
origin, social status, religion, conviction or opinions”.
22. Under article 25 of the Constitution, incitement of racial, religious, national or social
hatred, violence or discrimination is prohibited, are deemed incompatible with freedom of
expression and considered as criminal actions.
23. Particular rights of national communities are also established by the Constitution. Under
article 37, citizens belonging to ethnic communities are granted the right to foster their language,
culture and customs. Article 45 establishes that “ethnic communities shall independently
administer the affairs of their ethnic culture”.
The Law on Equal Treatment and the Equal Opportunities Ombudsperson
24. The broad provisions established in the Constitution are specified in the Law on Equal
Treatment approved on 18 November 2003, entering into force on 1 January 2005. The purpose
of the Law is to “ensure the implementation of human rights laid down in the Constitution” and
“to prohibit any direct or indirect discrimination based upon age, sexual orientation, disability,
racial or ethnic origin, religion or beliefs” (art. 1.1). The Law makes explicit reference to
Lithuania’s human rights obligations laid down in both international and national instruments
and spells out the specific responsibilities of State and municipal institutions, educational
institutions, employers and consumer service providers.
25. Apart from containing a legal prohibition against discrimination, the Law on Equal
Treatment also defines some positive measures that are to be taken by State authorities to redress
potential discrimination. These include the drafting and implementation of “programmes and
measures designated for ensuring equal treatment” and the provision of “assistance to the
programmes of religious communities, associations and centres, other non-governmental
organizations, public agencies and charity and sponsorship foundations, which assist in the
implementation of equal treatment” (art. 3).
26. The Law on Equal Treatment expanded the role of the Equal Opportunities Ombudsperson,
who is responsible to receive complaints from persons that allege being subject to discriminatory
actions and to oversee the general implementation of the Law. Prior to 2005, the Ombudsperson
was responsible primarily for issues of gender equality. However, since the adoption of the Law
on Equal Treatment, its mandate was expanded to cover various forms of discrimination, namely
on the basis of age, sexual orientation, disability, racial or ethnic origin, religion or beliefs. The