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EU court rules Hungary’s LGBTQ law violates human rights
TL;DR
The EU's top court ruled Hungary's anti-LGBTQ law violates EU law, marking a significant human rights victory. This landmark case was initiated by the European Commission and 16 member states against the legislation introduced by Prime Minister Viktor Orban.
Key points
- EU court rules Hungary's anti-LGBTQ law violates EU law
- Ruling seen as a landmark human rights victory
- Case initiated by European Commission and 16 member states
- Legislation banned promotion of homosexuality to minors
- Critics compared it to Russia's gay propaganda law
Mentioned in this story
European Court of JusticeEuropean CommissionViktor Orban
The European Union’s top court has ruled that anti-LGBTQ legislation implemented by the Hungarian government in 2021 breaches the bloc’s law.
The European Court of Justice (ECJ) found on Tuesday that the Hungarian legislation runs contrary to EU law “on a number of separate levels”.
Victory in the case, deemed the largest human rights case in the bloc’s history as it was launched by the European Commission alongside 16 of 27 member states and the European Parliament, has been hailed as a “landmark”.
Nationalist Prime Minister Viktor Orban insisted as he introduced the legislation five years ago that it was aimed at toughening punishments for child abuse, but it was then amended to ban the “promotion of homosexuality” to under-18s.
The legislation led to the banning of books, plays and films. Critics compared it to Russia’s harsh gay propaganda law of 2013, and called it out for stigmatising LGBTQ people and equating same-sex relations to paedophilia.
However, Orban’s “illiberal” regime continued to press the issue. Last year, it introduced new laws and a constitutional amendment that effectively banned the Budapest Pride march by declaring a determination to protect children from “sexual propaganda”.
However, 100,000 people took part in the event in defiance of the clampdown, the sheer weight of numbers leaving the government to back down.
Last month, Orban saw the end of his 16-year rule signalled as he was defeated in elections.
Incoming leader Peter Magyar has pledged to reset Hungary’s ties with the EU and is desperate to unblock some 18 billion euros ($21bn) in funds frozen by Brussels due to Orban’s democratic backsliding and failure to erect corruption protections.
Although also a conservative, Magyar avoided taking a clear stance on LGBTQ rights during election campaigning. But in his victory speech, he said Hungary has decided it wants to be a country where “no one is stigmatised for loving differently or in a different way than the majority”.
Human dignity, equality, and respect for human rights
The court found that the legislation infringed on Article 2 of the Treaty on European Union (TEU), including the rights of transgender and non-heterosexual individuals, “as well as the values of respect for human dignity, equality, and respect for human rights, including the rights of persons belonging to minorities”.
The “law is contrary to the very identity of the Union as a common legal order in a society in which pluralism prevails”, the ECJ said in a statement.
“Hungary cannot validly rely on its national identity as justification for adopting a law which is in breach of the values referred to above”, it added.
Q&A
What did the EU court rule about Hungary's LGBTQ law?
The EU court ruled that Hungary's anti-LGBTQ legislation breaches EU law on multiple levels.
Why is the ruling against Hungary's LGBTQ law considered a landmark case?
It is deemed a landmark case as it involves the European Commission and 16 member states, highlighting significant human rights issues within the EU.
What were the implications of Hungary's anti-LGBTQ legislation?
The legislation led to the banning of books, plays, and films, and was criticized for stigmatizing LGBTQ individuals and equating same-sex relations with child abuse.
