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Home arrow newsitems arrow CLRAE Head Van Staa to EuroFora on Mayors facing Jail+ on Liberty of Conscience v. Same Sex Mariage

CLRAE Head Van Staa to EuroFora on Mayors facing Jail+ on Liberty of Conscience v. Same Sex Mariage

Written by ACM
Wednesday, 30 October 2013

 

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 *Strasbourg/CoE/Angelo Marcopolo/- The experienced long-time President of CoE's Congres of Local and Regional Authorities of Europe (CLRAE), Chairman of Tirol's Landtag's Parliament and former Governor of this key Region of Austria, the forthcoming CoE's Ministers' Chair-in-office (November 2013 - May 2014), ChristianDemocrat/EPP politician Herwig Van Staa, Elected for a Mandate of 2 more years as Head of the PanEuropean body which has Members from 47 Countries (including Russia), speaking to "EuroFora" on the current complaints by French Mayors against obviously disproportionate Threats of up to 3 Years' Prison, Heavy Fines, and/or Dismissal from their Functions, if they don't obey to the Central "Socialist" Government's order to Personaly Celebrate Same Sex "Marriages" enabling Homosexuals to "Adopt Children, even in  Violation of their "Freedom of Conscience", expressed a clear Interest to Learn more about this Problem, and firmly confirmed about CLRAE's duty to examine such cases which seriously affect Democratically Elected Representatives' Liberty and Human Rights :

 - "We (CLRAE) shall have a look on that", sharply announced President Van Staa, in reply to an "EuroFora"s Question about the still on-going Heavy Prison, Fine and/or Dismissal Threats against Mayors who evoke their Freedom of Conscience vis a vis Homosexuals' demands to celebrate their "Marriage", which can now be followed by lagely Unpopular Childrens' "Adoptions" by Same Sex couples, even total Strangers to their Natural Family, and either Refuse to submit to Pressure, or, at least, ask the respondent State Authorities to do that themselves, or to leave it to another Municipal Agent, who might, eventually, accept to do so.

+ In this regard, CLRAE's experienced Head agreed with "EuroFora" that CoE's PanEuropean Charter of Local Self Government, which guarantees  the "Free Exercise of their Functions" by "Elected Local Representatives", (Article 7), and allows them "Discretion in Adapting .. to Local Conditions" the "Exercice" of any "Powers Delegated  to them by a Central .. Authority", (Article 4, §5), while "Local Authorities" must also "be Consulted ... in due time ... in the Planning and Decision-Making process for All Matters which concern them", (ibid § 6), as well as protected by the Principle that any "Administrative Supervision of Local Authorities  (by the State) shall be exerciced in such a way as to Ensure that the Intervention of the Controlling Authority is kept in Proportion to the Importance of the Interest"(s) at stake, (Article 8, §3), might be usefuly evoked by Mayors also in these kind of cases.


+ Moreover, CoE's body is generally obliged to always Monitor also the Respect, by State Authorities, of Human Rights, Democracy and Rule of Law in its area of action, i.e. that of Local/Regional Elected Representatives, since this is the Main General Mission of all the PanEuropean Organisation of the CoE, i.e. including naturally on "Freedom of Conscience", while also respecting the Beliefs of the Majority of Citizens who have Democratically Elected them in their City or Village's territory, and that they have the Duty to represent.

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- Launching earlier a vibrant call at a special Event for the celebration of the fact that, 25 Years since its Entry into Force, CoE's "Charter of Local Self-Government", "Now covers All the PanEuropean Legal space", from Portugal up to to Russia, and from Iceland to Cyprus, after the ratification even by the last remaining CoE's Member State : that of San Marino, Yesterday Evening, CLRAE's President Van Staa formally invited "all" CoE's 47 Member "States to allow a Full Implementation of the Charter", observing that "Times are Changing" in regard of CoE Standards' respect throughout all Europe.

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* Symbolically, President Van Staa spoke on that issue with "EuroFora" after an event organised at the CoE by the Ukranian Delegation to the CLRAE, during which, a Woman Painter designed a Natural Family, with a Father, Mother and a Kid, holding their Hands and looking at an Horizon with Sun, Mountain, and Seaside, in the middle of a Natural Environment : I.e. clearly evoking the Famous "Natural Family" Emblem of the French Popular Movement against Same Sex "Marriage" and "Adoption" of Children by Homosexuals (Opposed by a Majority of French People according to all Polls), which has recently brought many Young or Old People even to ...be illegaly Arrested by the Police of the current "Socialist" Government, and Detained overNight, etc., for merely Holding Peacefully a Flag with that Sympathetic Design, even for simply ... Wearing a T-shirt or a Pullover arbouring the slightest such sign of a Natural Family, picturing a Father, Mother and 2 Children, as part of an Unprecedented in France series of Surprisingly Excessive Police Violence and/or Brutality, Disproportionate use of Force and Oppression even of Peaceful Demonstrators' basic Freedoms and Human Rights, to the point that, for the 1st time in History, CoE's Parliamentary Assembly was obliged, last June 2013, to strongly Denounce Police Violence and excessive Restrictions on Peaceful Demonstrators against that Controversial and Unpopular Law imposing Same Sex Marriage and Adoption of Children by Homosexuals, which also incited another Group of Top MEP from various CoE Member Countries and Political Groups to officially ask CoE to start a "Monitoring" process on the French Government's alleged Failure to respect basic Human Rights and Democratic Freedoms for Dissidents favorable to Natural Families, (See, f.ex. : http://www.eurofora.net/newsflashes/news/coeslamspoliceviolenceinfranceasturkeyaftersamesexmariagelaw.html , http://www.eurofora.net/newsflashes/news/coemonitoringaskedforfranceonsamesexmariagetroubles.html )

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+ Meanwhile, CoE Parliamentary Assembly's President, French ChristianDemocrat/EPP MEP Jean-Claude Mignon, speaking at CLRAE's Plenary, earlier Today, pleaded in favor of a "Coordinated" action between EuroMPs and Local/Regional Representatives, Members of CoE's PanEuropean bodies, for a Stronger "Monitoring" of States' compliance with Human Rights, Democracy and Rule of Law principles, based on the Democratic "Legitimacy" that both possess as "Elected Representatives of more than 800 Millions of People", as he pointed out.

 

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++ The move Timely came at the same Day that the President of CLRAE's "Monitoring" Committee, Swedish representative Lars O Molin, presented a Threefold Report on "Updating Key Texts on Monitoring ...Activities", in a consolidated form, extending from Procedures of Checking facts, up to Visits for the Control COE Member States' Obligations and Commitments through Full Regular or Specific only Reports, eventually also "Fact-Finding Missions", added to "Post-Monitoring", etc.


 It includes, inter alia, also the Principle to avoid even "the Appearance" of any eventual "Conflict of Interest" : Something which might, obviously serve here, given f.ex. the fact that CLRAE's Chamber of Local Authorities currently is the experienced and sympathetic Jean-Claude Frecon, who is, however, a French "Socialist", and, therefore, would risk to face Hard Dillemas if such a case, much more Popular among Center-Right Politicians, might come in front of him... However, inside the normaly Independent "Monitoring" Committee, in principle, it is both Members of the Regional and of the Local Authorities' Chambers who participate and vote on "Monitoring" Local/Regional Democracy in any CoE's Member State, said to "EuroFora" the Ukranian President of CLRAE's Chamber of Regions, Nataliya Romanova.


+++ A fortiori when, as far as it concerns also the overall developments in Strasbourg's PanEuropean Organisation for Human Rights, Democracy and Rule of Law's main Role in General, "Now, it's Important to Ensure a Full and Complete Implementation" of its Standards and Values, by "Reinforcing all Monitoring Mechanisms", whose "Full Potential has Not Yet been Explored", including f.ex. the Charter of Local Self-Administration, which is one of "CLRAE's Key Assets", as CoE's Secretary General, Thornbjorn Jagland from Norway, stressed Yesterday, launching a Call to "Improve the Follow-up of Monitoring" procedures, and to forge a "Joint Vision" enabling an efficient "Coordinated Action of various Monitoring Bodies" of the CoE.

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Already, CLRAE's Autumn 2013 Plenary session, is debating in Public and Voting for final Adoption, this week in Strasbourg, a Series of Reports on Monitoring "Local and Regional Democracy" in Hungary, Ireland, Ukraine, Albania and Denmark, and President Van Staa strongly Warned, from the outset, against more "Cuts" in CLRAE's Budget for Next Year (2014), because, otherwise, its Core- activity on Monitoring CoE's Member States' compliance with the Charter of Local Self-Government and Human Rights/Democracy/Rule of Law, risked to be seriously Undermined in real Practice.

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=> Shorty afterwards, other competent CoE's sources revealed to "EuroFora" that France is due to be Monitored by the PanEuropean body from the beginning of the Next Year, 2014, as well as some other CoE Member Countries, including Russia, etc. But, as a matter of general principle, in addition to such "General" Monitoring, almost "Regularly" applied each 3 Years to all 47 COE Member Countries, at a Rotating basis, moreover, there were also various other, Faster and better Focused, Monitoring Procedures, such as "Specific Monitoring", i.e. only for certain provisions of CoE's Charter, and even simple "Fact-Finding Missions", which are triggered mainly upon written Denunciations of some important Violations and evolve Rapidly, through  Fast-track process, generally resulting in an on the Spot Visit, after which a Report is prepared and a Resolution/Recommendation Voted and adopted "in less than 1 Year Time", i.e. in a few Months. 

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  ------------------------------------

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Meanwhile, already, more than 20.151 Elected Mayors and/or Deputy Mayors, throughout all France, have Signed the Official Declaration asking to Respect their "Freedom of Conscience", prepared by the Group "Mayors for Childhood" ("Maires pour l' Enfance", in the original in French), represented by Franck Meyer, which denounces both Childrens' Rights Violations and Discriminations between those who will have a Natural Family, knowing their Father and Mother, and the Others who risk to be Excluded from that, as well as the Grave Dangers of imposing "Eugenism" selections between Human Embryos in the foreseeable Future, since all Homosexual couples are "Sterile" and unable to give Natural Births, being Obliged to ask for "Artificial Inseminations", "In Vitro Fertilisations", "Medically Assisted Procreations", with "Pre-Natal Tests", "Subrogate Mothers", Sperm/Eggs' "Banks", etc., in addition to Unpopular "Adoptions" of Children by Homosexuals (Rejected by a Majority of 56% of French People according to many Polls), which Threaten to give, for the 1st time in History, huge Powers and Control over Thousands of Procreations of Children to some uncontroled and uncontrolable Technocrats, with obvious Risks for all Humankind.  

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http://www.youtube.com/watch?feature=player_embedded&v=Iz8Lr4h62Ew


They are supported by various NGOs such as "Manif pour tous" ("Demonstration for all" : a Popular reply to "Socialist" Minister Taubira's "Marriage for all" controversial Law imposing Same Sex Marriages and Unpopular "Adoptions" of Children by Homosexuals), which has recently succeeded to bring more than 1,5 Millions of People in a series of Giant Mega-Demonstrations and other Events throughout France during 2013, while their call for Mayors' "Freedom of Conscience" vis a vis controversial Same-Sex "Marriages is also backed by a crystal-clear Absolute Majority of 54% of French People, according to the latest Polls by mainstream IFOP, on October 2013.   

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"Manif pour tous" President, Ludovine de la Rochere, has repeatedly confirmed to "EuroFora" the Popular Movement's support to Mayors asking for Respect to their Freedom of Conscience in order not to be personaly obliged to celebrate Same Sex Mariages under Threat of Sanctions (Comp. Supra), while "Maires pour l' Enfance"'s Spokesman, Franc Meyer, said recently to "EuroFora" that, in substance, the Association of Dissident Mayors has raised at the Highest French Administrative Court "Conseil d'Etat", at least 3 main Legal Issues, going from the need to Respect Elected Representatives' Freedom of Conscience, up to Interior Ministry's  general Threats of "Disproportionate" Sanctions (up to 3 Years in Prison, very Heavy Financial Fines, and/or Unilateral Dismissal from Office, etc), Central Administration's persisting Failure to Consult the concerned Mayors and/or Discuss a mutually acceptable Compromise or Practical Solution, in addition to the imposal also of an Altered new official "Family" Booklet/Formular, which omits even to mention the existence of a Father and a Mother, speaking vaguely of "Parents", and was reportedly adopted even without following the due collective procedure, contrary to what is prescribed by the relevant Multilateral European/International Rules on Family Documents, (etc).

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Van Staa was informed by "EuroFora" about the "Mayors for Childhood"'s declared intention to start asking European and PanEuropean Organisations' Help soon after all the Domestic Authorities'  (Courts) would have a full chance to pronounce themselves on elementary Human Rights' issues raised in this case, that a recent controversial ruling by the French "Constitutional Court", (whose Composition had been earlier Radically Modified by 6 New Members Nominated by the current "Socialist" Government, and several Resignations of Old Members, former Presidents of the French Republic, etc., some in order to Protest for what they denounced as Partiality, added to an Astonishing "Coincidence" with Exceptional Festivities,  organized by the respondent Government inside the Court due to check its behavior, at the eve of its decision !), reportedly deliberated before all the interested Victims had the Time to present their observations, brutaly and totally dropped all main Argument of the applicants, about the need to  protect their Freedom of Conscience, claiming that it wasn't even affected at all (sic!), astonishingly, without even examining Nor Motivating its decision vis a vis their Legal and Factual Arguments, (f.ex. on the Violation of the Principle of "Proportionality" by that controversial Measure, etc : See "EuroFora"s brief Analysis of that CC's controversial ruling : http://www.eurofora.net/newsflashes/news/lacunesconseilconstitutionelsurmairespourlenfance.html ). So that now, the road is opening, at last, for a very probable Application to the ECHR, (once the French Highest Administrative Court will have issued , soon, also its complete Judgement on all the other, remaining Legal aspects of that case), where, according to various Analysts, EuroJudges would have a Chance to Find one way or another to at least help Respect the Basics of Human Rights on Freedom of Conscience, Respect of Religious and Moral Beliefs, interdiction of Disproportionate Restrictions, Fair Trial, etc,

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A fortiori when all Dissident Mayors are systematically Harassed and bullied by a constant an immense Pressure, including Written Threats, all this time, in order to Break their Moral Resistance, and oblige them to Submit by Fear of Prison, Heavy Fines and/or Dismissal from Office, and this reportedly persists even if they accept to find, at least, someone else inside their Municipality, f.ex. a Deputy Mayor, agreing to celebrate Homosexuals' "Marriage" at their own City or Village : Indeed, even .. already "Married" LGBTI Lobby's members, are reportedly pursuing Dissident Mayors to the Courts, asking them to Pay Heavy Damages, etc., only because they didn't yet .. Personaly celebrate an Homosexuals' "Marriage", i.e. obviously searching to completely Humiliate them, right in front of all their Voters , Family etc., by Obliging them to Curb upon Pressure, abandon any Resistance, and totally Obey to a Dictate contrary to their Moral Values and/or Religious Beliefs, regardless of what they might Suffer, and without taking any account of the Fact that their Hesitations represent also the Beliefs of the Majority of Local Citizens who have Democaticaly Elected them as their Local Representatives....

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Meanwhile, it's obvious that several Dissident Mayors were until now expecting to at least have a Chance to speak with French President Francois Hollande, at the forthcoming National Congress of all Mayors, where he had, previously, promissed that the controversial Law on "Same Sex Marriage" would, at least, "respect" concerned Mayors' "Freedom of  Conscience", before marking a complete "U-Turn", later-on, and abandoning any such promise, apparently after some Lobbies pressed him hard...  However, given all these Facts, it's not at all obvious that Hollande might find it a good Idea to visit this Year the National Congress of Mayors....

 

  (../..)

 

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("DraftNews", as already sent, earlier, to "EuroFora"s Subscribers/Donors. A more accurate, full Final Version, might be published asap).

 

 

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