Yesterday, the VU Law Faculty hosted the scientific seminar “Constitutional Law Facing Contemporary Challenges: Comparative Insights From Lithuania and Poland.”
The seminar aimed to strengthen cooperation between Lithuanian and Polish constitutional law scholars, encourage academic discussion, and share insights on current challenges in constitutional law.
Participants included scholars from various universities in both countries.
Prof. Agnieszka Bień-Kacała began with an overview of family law issues in Poland. She explained that “family” in the Polish Constitution is a broader concept than marriage, though still associated with motherhood and fatherhood. She noted that the first Pride parade in Poland was held in 2001, with wider public support growing since members of the broader public began participating alongside LGBTQ individuals, including some politicians, in 2015. Yet she explained that strong conservative counter-movements remain.
Then, the issues regarding the Istanbul Convention were presented by Assoc. Prof. Dr Dovilė Pūraitė-Andrikienė. She spoke about how Lithuania signed the Convention in 2015 but has yet to ratify it—remaining the only Baltic state not to do so. Some critics argue existing laws are sufficient or fear it could pave the way for same-sex marriage. The Constitutional Court, however, found no conflict with the Constitution, concluding that gender in the Convention is defined as a social construct without denying biological sex. According to her, the question now is purely political—whether the Seimas will ratify it.
Dr Ilona Grądzka and Assoc. Prof. Dr Agnė Juškevičiūtė-Vilienė discussed marriage and EU law. Dr I. Grądzka highlighted cases in which Poland must recognize same-sex unions legally concluded abroad, despite defining marriage as between a man and a woman. Juškevičiūtė-Vilienė presented a Lithuanian case from 2019, where the Constitutional Court emphasized EU law as a constitutional value, interpreting “family” as broader and gender-neutral, even if marriage remains heteronormative.
The recent Lithuanian Constitutional Court ruling (April 17, 2025), which found that denying civil partnerships to same-sex couples violates the Constitution, was analyzed by Dr Karolina Bubnytė-Širmenė. The decision sparked both support and protests. She noted debates on restoring public trust in the Court, but emphasized that respect for human dignity is a constitutional principle.
The seminar was concluded with Dr Katarzyna Szwed’s presentation on children’s rights. She stressed that children require special legal protection as they cannot fully exercise their rights. In Poland, Article 72 ensures protection from violence and exploitation, with reforms accelerated by recent child abuse cases. In Lithuania, major changes followed the “Matukas” tragedy, leading to strict bans on corporal punishment. Both countries now treat child protection as a constitutional priority.
The event was moderated by Assoc. Prof. dr. Donatas Murauskas.
