Human Rights Watch (HRW) on Wednesday called Hungary will repeal its 2021 anti-LGBTQ “child protection” law, a day after the European Union’s top court declared the measure illegal, in a ruling the human rights group described as landmark.
“This is a landmark ruling that makes it clear that Hungary’s anti-LGBT law has no place in the European Union and should be repealed,” said Lydia Gall, senior Europe and Central Asia researcher at HRW.
The Court of Justice of the European Union found Tuesday that the law banning LGBTQ+ content in schools, advertising and media accessible to minors violates Article 2 of the law Treaty on European Union (TEU), the provision codifying the fundamental values of the EU: human dignity, equality, democracy and minority rights, as well as Article 1 of the TEU EU Charter of Fundamental Rights. It was the first time that the court found in such a case that an EU member state had violated Article 2 TEU. The court also found that the law violated EU rules on freedom of services and data protection. It firmly rejected Hungary’s child protection principle, finding that the legislation links LGBTQ+ people with those convicted of pedophilia in a way that encourages hateful behavior.
Outgoing Prime Minister Viktor Orbán rejected the decision. Keep writing XHe said his government had “protected Hungarian children from aggressive LGBTQ propaganda” and that “the Brussels empire is fighting back,” promising that Hungary would “not give up the fight for the soul of Europe.”
The European Commission opened infringement proceedings against Hungary in 2021, and by 2023, when Hungary defended the law in court, 16 EU member states and the European Parliament had joined the Commission. While the case was pending, Budapest did not withdraw its restrictions. The Hungarian parliament passed a constitutional amendment last year banning public LGBTQ+ events, effectively enshrining the controversial law at the constitutional level. The Hungarian authorities then prosecuted Budapest Mayor Gergely Karácsony for organizing a Pride march in violation of this ban.
Orbán’s Fidesz party lost the April 12 parliamentary elections in a landslide to Péter Magyar’s Tisza party. The Magyar government, which is expected to take power in early May, will take on the obligation to comply with Tuesday’s ruling. Hungary is now obliged to adapt its legislation to EU standards. Otherwise, the country could face financial penalties in court.
