Hungary’s anti-LGBTQ restrictions breached law, top EU court rules

Hungary’s outgoing government violated European law with its restrictions on LGBTQ content, which stigmatise and marginalise gay and trans people, the European Court of Justice (ECJ) ruled on Tuesday.

This significant judgment could serve as an early test for the social policies of Hungary’s new leader, Peter Magyar, who recently ended Prime Minister Viktor Orban’s 16-year tenure with a landslide victory in the 12 April election.

Under Orban’s leadership, LGBTQ rights faced considerable erosion, including a ban on Pride marches last year and the use of facial recognition cameras by police to identify attendees.

Mr Magyar, a former official within Orban’s right-wing Fidesz party, campaigned on a platform of equality but has so far avoided taking a definitive stance on LGBTQ rights.

The European court concluded that Hungary’s actions constituted a breach of Article 2 of the EU’s Treaty, which outlines the fundamental values shared by the 27-member bloc.

It also found that the Hungarian legislation breached the freedom to provide and receive services, as well as data protection laws.

At the time, seventeen European Union nations urged Hungary to amend the law amid increasing worries about the country’s democratic standards.

France, Germany, and Spain were among the EU heavyweights who signed a declaration expressing worry over the law passed. The law allowed authorities to penalise individuals who organise or participate in Pride events, as well as use facial recognition software to identify them.

The countries stated that they are extremely concerned about these developments, which are against the fundamental values of human dignity, freedom, equality, and respect for human rights enshrined in the EU treaties.

Peter Magyar vowed to change the constitution in a drive to restore democratic standards following his landslide victory. Hungary’s new leader campaigned on support for equality but has avoided taking a clear stance on LGBTQ rights.

He said: “I have clearly stated several times already last year that everyone has the right to assemble in Hungary.

“We have clearly stated that, according to Tisza and the many millions of Hungarians who support Tisza, everyone can live with, and love, whomever they want, as long as they do not violate the laws and do not harm others.”