Human Rights Watch (HRW) has issued a call for Hungary to repeal its 2021 anti-LGBTQ “child protection” law following a decisive ruling by the European Union’s top court. The Court of Justice of the European Union (CJEU) found the legislation illegal, marking the first instance in which the court deemed a member state in violation of Article 2 of the Treaty on European Union (TEU), which enshrines the EU’s core values such as human dignity and equality. Lydia Gall, a senior Europe and Central Asia researcher at HRW, emphasized the significance of the ruling for LGBTQ rights within the EU.
The legislation restricted LGBTQ+ content in various media accessible to minors, a move the CJEU determined violated EU rules not only concerning minority rights but also freedom of services and data protection. Hungarian Prime Minister Viktor Orbán dismissed the court’s decision, asserting his government’s mission to shield children from what he referred to as “aggressive LGBTQ propaganda” and criticized the EU’s stance.
The European Commission had initiated infringement proceedings against Hungary soon after the law’s enactment. By 2023, the case had garnered the support of 16 EU countries and the European Parliament. Despite facing legal challenges, Hungary maintained the law, further embedding it through a constitutional amendment banning public LGBTQ+ events. This action led to legal proceedings against Budapest Mayor Gergely Karácsony after orchestrating a Pride march opposing the amendment.
In Hungary’s changing political landscape, Orbán’s Fidesz party was ousted in a considerable electoral defeat to Péter Magyar’s Tisza party, which assumes control in May. The incoming administration will need to address the CJEU’s ruling and ensure Hungary’s legislative conformity with EU standards to avoid potential financial sanctions. The ramifications of this decision suggest a complex interaction between national sovereignty and EU law, highlighting the ongoing challenges in balancing these interests, as detailed in this source.