Viktor Orbán's government broke the law when it banned children from accessing information about gay relationships and gender identity
Critics have accused the Hungarian government of steadily and illegally eroding the rights of the LGBTQ+ community. The European Court of Justice on Tuesday upheld these critics, Reuters and Politico write.
Hungary broke EU law when it banned children from accessing LGBTQ+ content, the Court of Justice of the European Union ruled on Tuesday, forcing Budapest to repeal the legislation.
The decision is one of the most controversial policies adopted by Viktor Orbán's government, which was accused by critics at the time of taking inspiration from Vladimir Putin's playbook.
The case concerns the 2021 law restricting or banning the “promotion” of homosexuality and gender transition in media accessible to children, which Budapest introduced when it adopted the EU's audiovisual regulation and its provisions on protecting children from harmful content.
Hungary's restrictive legislative measures against the representation of the LGBTQ+ community violate a number of EU laws and “constitute a particularly serious interference with the exercise of several fundamental rights,” the Court said in a press release.
“A shame”
The court was notified by the European Commission, which benefited from the support of 15 member states and the European Parliament.
The Commission otherwise harshly criticized the legislation at the time.
“The Hungarian bill is a disgrace,” Commission President Ursula von der Leyen said in 2021, pledging to use “all the Commission's powers to ensure that the rights of all EU citizens are guaranteed, no matter who you are and where you live.”
Despite this pressure, the Hungarian government continued its efforts. Last year, it banned Pride events and authorized police to use biometric cameras to identify event organizers and participants, a move that widened the conflict with the EU.
The Court's ruling is consistent with previous legal pronouncements, writes Politico.
The Court's chief legal adviser previously argued that Hungary had “departed significantly from the model of a constitutional democracy”, criticizing the rules for being “based on a value judgement” that the lives of gay people “do not have the same value or status” as the lives of straight people.
The EU executive can now take further action and request financial sanctions if Hungary does not comply with the ruling.
What the future prime minister promises
Viktor Orban's government is now on its last legs after the April 12 election won by Peter Magyar's Tisza party. He has recently made a series of statements that suggest a change in direction.
“I made it clear that according to Tisza and the several million Hungarians who support him, anyone can live with the person they love, as long as they don't break the law and don't harm others,” Magyar said after his election victory, while also supporting Pride events in the name of the right to freedom of assembly.
“Hungary wants to be a country where no one is stigmatized for thinking differently, for loving someone different from the majority or for believing in something different from the majority,” he added.
