Advertisement

Hungary’s contentious ‘Child Protection Law’, often criticised as discriminatory towards the LGBTQ+ community, is set to be examined by the Court of Justice of the European Union (CJEU) in Luxembourg on Tuesday.

Promoted by Prime Minister Viktor Orbán’s government, the law enforces strict measures against convicted paedophiles but controversially extends to banning or severely restricting any depictions of homosexuality or gender reassignment in media and educational content aimed at those under 18. Critics argue that the legislation conflates paedophilia with homosexuality, sparking significant backlash.

Children’s advocacy group Eurochild condemned the law, stating that it infringes on children’s rights to freedom of expression and healthy development. “This law violates these rights and risks harming the very children it claims to protect,” the organisation said. They further warned that it fosters a climate of fear detrimental to children and society.

Advertisement

The European Parliament strongly condemned the legislation, alleging it exemplifies a broader erosion of democracy and the rule of law in Hungary.

Despite international criticism, Hungary defends the law, citing a 2022 national referendum where a majority of participants supported the government’s stance. However, the referendum’s results were invalidated due to insufficient voter turnout.

In response to the legislation, the European Commission launched infringement proceedings against Hungary but was unable to resolve the issue. Subsequently, in December 2022, the Commission referred the case to the CJEU, asserting that the law breaches fundamental rights protected by EU law.

Fifteen EU member states, including Belgium, France, Germany, and Sweden, have joined the lawsuit as third-party participants. Critics note similarities between Hungary’s law and Russia’s “anti-gay propaganda” legislation introduced in 2013, which was declared unlawful by the European Court of Human Rights in 2017.

The CJEU’s ruling on the matter will be closely watched, with potential implications for LGBTQ+ rights and Hungary’s standing within the EU.

Advertisement