Published: 27.06.2022
· LGBT organizations spread false information that the Partnership Agreement between Poland and the European Commission was supposed to contain "a provision prohibiting the financing of local governments that adopted Local Government Charter of Family Rights".
· In fact, there is not a word about the Charter in the contract. There is only a general provision there, according to which financial support may not be granted to a local government unit that has taken any discriminatory action.
· The Charter, prepared with the help of Ordo Iuris, does not mention the LGBT movement, is non-discriminatory and has never been successfully appealed to any court or authority.
On the contrary - for example, the city of Wilamowice, thanks to the repeal of the declaration expressing a negative attitude towards the LGBT movement and replacing it with the Charter, saved PLN 7 million of funding from the Norwegian Funds for the construction of the Wilamowice Cultural Museum.
· The Ordo Iuris Institute demands a correction from the media that provided false information, confusing the Charter with declarations of opposition to "LGBT ideology", which were prepared without the participation or endorsement of the Institute.
“No court or authority has ever confirmed the false accusations that the Local Government Charter of Family Rights was discriminatory. Since it does not discriminate, it does not block financial support from the EU, ”stresses App. adv. Nikodem Bernaciak, Ordo Iuris analyst.
On June 23, the Campaign Against Homophobia published on its website the information that: “On Wednesday, June 22, we learned the content of the final wording of the Partnership Agreement negotiated by the European Commission and the Polish government. The Agreement includes a provision prohibiting the financing of local governments that have adopted the so-called anti-LGBT resolutions or the Local Government Charter of Family Rights”. On the same day, the same false information was passed on by media such as "Rzeczpospolita", "Gazeta Wyborcza", "Krytyka Polityczna", "naTemat.pl", "OKO.press" or "Portal Samorządowy".
In fact, the full content of the Partnership Agreement for the implementation of the Cohesion Policy 2021-2027 in Poland is not yet known. Its disclosed fragment only contained a provision according to which "cohesion policy support will be granted only to projects and beneficiaries that comply with the anti-discrimination provisions referred to in Art. 9 sec. 3 of the Regulation of the European Parliament and of the Council No. 2021/1060. If the beneficiary is a local government unit (or an entity controlled by it or its subsidiary), which has taken any discriminatory actions, contrary to the principles referred to in art. 9 sec. 3 of Regulation 2021/1060, support under the cohesion policy may not be granted ”. The aforementioned Art. 9 sec. 3 of the regulation only states that "the Member States and the Commission shall take appropriate steps to prevent any discrimination based on sex, race or ethnic origin, religion or belief, disability, age or sexual orientation in the preparation, implementation, monitoring, reporting and evaluation programs. In the process of preparing and implementing programs, particular consideration should be given to ensuring accessibility for people with disabilities ”.
Neither in the contract nor in the ordinance there is the slightest mention of any statements of opposition to the "LGBT ideology" prepared without the participation of Ordo Iuris, and of the Local Government Charter of the Rights of Families, created with the help of Ordo Iuris. In the case of the first type of resolutions, the first final rulings of the Supreme Administrative Court are not due until June 28, but unlike them, the Local Government Charter of Family Rights has never been successfully appealed to any court or authority. Hence, it has never been found to be discriminatory. It is quite the opposite - thanks to the adoption of the Charterin place of the previous resolution expressing a negative attitude to the postulates of the LGBT movement, the city of Wilamowice retained PLN 7 million in funding from the Norwegian Funds. Other Polish local governments could also follow this path in order to maintain both the pro-family resolution and foreign financing.
Meanwhile, the Ordo Iuris Institute is demanding a correction from the media that provided false information, confusing the Charter with declarations of opposition to "LGBT ideology", which were prepared without the participation or support of the Institute. In fact, these are two completely different resolutions, and the separateness of the Charter and the declaration is emphasized even by some LGBT activists.
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