Commission President Ursula von der Leyen described it as “a disgrace”. A Hungarian law that equates pedophilia and homosexuality will be heard by the ECJ on Tuesday.
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Hungary’s controversial child protection law, widely criticized as anti-LGBT, is scheduled to be heard by the European Court of Justice on Tuesday.
The law proclaims zero tolerance for convicted pedophiles. However, the law also prohibits or severely restricts depictions of homosexuality and gender reassignment in media content and educational materials aimed at audiences under 18 years of age.
The law has therefore come under fire for equating pedophilia with homosexuality, even though the stated purpose of the text is to improve the protection of children from sexual predators.
Following the law’s passage, children’s rights organization Eurochild stated that children have the right to healthy development and freedom of expression and that this law “violates all of these rights and risks harming the very children it purports to protect.”
The organization adds: “[Das Gesetz] also contributes to a climate of fear that endangers the well-being of all children and society.”
Dispute before the European Court of Justice
The European Parliament has adopted a resolution strongly condemning the law and criticizing the dismantling of democracy and the rule of law in Hungary.
Hungary refused to back down, citing a 2022 referendum asking Hungarians for their opinion on the controversial law.
To be valid, the survey had to be answered by half of Hungary’s registered voters. The threshold was not met, but of those who voted, the vast majority supported the government’s position.
Infringement proceedings were initiated against Hungary over the law, but were unsuccessful.
In December 2022, the European Commission took Hungary to the European Court of Justice on the grounds that the law violated fundamental rights enshrined in EU law.
A total of 15 EU countries joined the lawsuit and acted as third parties: Belgium, Luxembourg, the Netherlands, Portugal, Austria, Ireland, Denmark, Malta, Spain, Sweden, Finland, Slovenia, France, Germany and Greece.
A similar one from Russia served as a model for the law. The Kremlin’s “anti-gay propaganda” law, introduced by Putin’s regime in 2013, was declared unlawful by the European Court of Human Rights four years later.
What are the key arguments presented by both sides regarding Hungary’s controversial child protection law and its implications for LGBTQI+ rights?
Welcome to our live interview with Dr. Anna Holländer, a leading LGBTQI+ rights activist in Hungary, and Zoltan Balazs, a prominent legal expert and professor of European law at the University of Budapest. Today, we will be discussing the ongoing legal battle concerning Hungary’s controversial child protection law, which is set to be heard by the European Court of Justice tomorrow. To kick things off, let’s talk about the main points of contention surrounding the law. Professor Balazs, you have been following this issue closely. Can you give us your perspective on why the law has sparked such strong reactions from EU institutions and civil society organizations?
Dr. Holländer, the law has also been criticized for its potential impact on children’s rights and educational materials. How do you think the law will affect the mental health and well-being of LGBTQI+ youth in Hungary?
Professor Balazs, it’s also worth noting that Hungary’s refusal to back down on this issue is largely fueled by public opinion, as demonstrated by the 2022 referendum. Many supporters of the government argue that the law simply aims to protect children from pedophilia. What role does public opinion play in shaping Hungary’s stance on this matter?
Dr. Holländer, turning to you, you have worked tirelessly towards promoting LGBTQI+ rights in Hungary. What measures do you think are necessary to protect children from real threats while also upholding fundamental human rights and supporting LGBTQI+ youth?
Professor Balazs, you mentioned that a similar law in Russia was declared unlawful by the European Court of Human Rights in 2017. Do you think there’s a chance that the ECJ could rule in favor of Hungary, or is the likelihood of a negative outcome high? What are the potential consequences for Hungary’s relationship with the EU if the court finds in favor of the complainants?
Dr. Holländer, as someone working on the ground in Hungary, what kind of support are you seeing from the broader international community regarding this issue? How can we ensure that LGBTQI+ youth feel safe and supported in the face of such legal and societal
