The Court of Justice of European Union (CJUE) rules that Hungary's 2021 Child Protection Law unlawfully discriminates against LGBTQ+ community; the first time a member state has been found in violation of EU fundamental values charter.
The European Court has ruled that Hungary’s amended Child Protection Law violates EU law and discriminates against gay and transgender people.
The court said the legislation “stigmatises and marginalises non-cisgender people, including transgender people,” and noted that the law’s title links them with people convicted of paedophilia. According to the court, this association increases stigma and may encourage hostile behaviour.
It is the first time the court has found that an EU member state breached the fundamental values set out in the EU Charter of Fundamental Rights. The law was pushed by Viktor Orbán in a referendum coinciding with a general election vote.
The ruling comes nine days after Hungary’s parliamentary elections, in which the opposition Tisza Party defeated Orbán’s Fidesz party.
Read the CJEU press release here.
