The European Court of Justice (ECJ) ruled on Tuesday that the controversial Hungarian LGBTQ law violates fundamental provisions of the EU Charter of Fundamental Rights. This law, which Hungary stated was implemented “to protect children” restricts or prohibits access to content depicting, portraying, or relating to gender identities different from the sex assigned at birth, gender transitions, or homosexuality.
The Court determined that the Hungarian legislation violates the freedom to provide and access services, a right enshrined in the Union’s primary law. These provisions limit the capacity of media service providers to create and disseminate content, and the ECJ found these restrictions unjustified because they stigmatize and discriminate against specific sexual identities and orientations.
Furthermore, the Court found that the law breaches the General Data Protection Regulation because it broadens access to criminal record information without offering sufficient safeguards for the rights of the individuals concerned. The ECJ emphasized that the law infringes upon human dignity by presenting certain groups as a threat to society, a depiction contrary to the values of the European Union, which are founded on pluralism and respect for human rights.
This so-called LGBTQ law was initiated by the government of the recently ousted Prime Minister, Viktor Orbán, in 2021. In response, the European Commission had launched an infringement procedure against Hungary before the Court.
