The European Court of Justice ruled in a judgment published on Tuesday that Hungary’s controversial LGBTQ+ law violates fundamental provisions of the EU Charter of Fundamental Rights. The law, which Hungary claims is intended “for the protection of children” restricts or bans access to content that depicts, represents, or relates to gender identities diverging from those assigned at birth, gender transition, or homosexuality.
The Court determined that this Hungarian legislation violates the freedom to provide and access services, a right enshrined in the Union’s primary law. Specifically, the changes diminish the ability of media service providers to create and distribute content. These restrictions were deemed unjustified because they stigmatize and discriminate against specific sexual identities and orientations.
Furthermore, the Court found that the law contravenes the General Data Protection Regulation (GDPR). This is because it expands access to criminal record information without offering sufficient guarantees for the rights of the individuals concerned. The Court emphasized that the law violates human dignity by portraying specific groups as a threat to society, a stance that contradicts the European Union’s values, which are founded on pluralism and respect for human rights.
The controversial LGBTQ+ law was introduced in 2021 by the administration of the then-ruling Prime Minister, Viktor Orbán. In response, the European Commission had previously filed an infringement proceeding against Hungary with the Court.