In connection with statements made, among others, by Deputy Mayor Ryszard Fałek, the RO director Renata Metzger said that she would host the project at her centre on a condition that the homosexual participating in the project was excluded from the initiative. In consequence, the Human Library event was held in a privately-owned coffee and not at the municipal cultural centre.
In the opinion of the HFHR, Deputy President Fałek as a public official should have shown more restraint in presenting his private opinions which could affect actions taken by persons working for municipal organisations. Mr Fałek said that he was against “propagating homosexual orientation among the youth for the public money”. The issue of public official’s exercise of the freedom of speech was raised in the judgement of the European Court of Human Rights in Strasbourg rendered in the case of Bączkowski and Others v. Poland (Application no. 1543/06). The Court noted that it was necessary for public officials to exercise restraint in expressing their private opinions since such opinions may be regarded by official’s subordinates as instructions and affect authoritative decisions taken in the course of their performance of civil servants’ official duties.
It was difficult for the HFHR to understand the reaction of Deputy Mayor Fałek, especially in the context of the idea underlying the “Human Library” project. The project’s organisers emphasise that the purpose of the Library is not to “promote” any type of behaviour but rather create an opportunity to learn about experiences of persons representing a minority group who are particularly susceptible to social exclusion and discriminatory acts. For project’s participants, having the conversation with a “Human Book” (an individual representing a different outlook on life or a sexual minority) is a chance to learn more about the issue of discrimination and become more open to human problems related to the otherness. Additionally, the “Human Library” gives its visitors an opportunity to overcome negative stereotypes often attributed to minority groups. A demand to exclude a homosexual from the “Human Library ”constitutes a perversion of the idea of the project, whose core is to prevent discrimination of minority members and demonstrate social diversity.
The conduct of Deputy Mayor Fałek, resulting in the municipal authorities’ refusal to participate in a cultural and educational project involving a homosexual, must be regarded as an infringement of the values enshrined in the Polish Constitution, in particular the public authorities’ obligation to treat individuals equally and the prohibition of all types of discrimination in social life (Article 32 (1) and (2) of the Constitution, respectively). Further, such kind of behaviour not only violates the constitutional principles but also exposes Poland and Polish public authorities to ridicule, which is especially detrimental in the light of the incoming Polish Presidency in the European Union.
In the opinion of the HFHR the described conduct of the representatives of public authorities deeply hurts the feelings and violates dignity of homosexuals, who thus may rightfully feel excluded from life in their local community.
