Hungary to be Brought Before Top EU Court For its Ban on LGBTI Content

The European Commission has referred Hungary to the CJEU over discriminatory amendments adopted in June 2021, which ban the “portrayal and the promotion of gender identity different from sex at birth, the change of sex and homosexuality” to under 18s.

Today, 15 July 2022, the European Commission formally referred Hungary to the Court of Justice of the European Union due to Hungary’s unsatisfactory response to concerns raised in the “reasoned opinion” sent by the Commission in December 2021.

This “reasoned opinion” was the second stage of the infringement process launched against Hungary in July 2021, in which the Commission outlined its concerns about the amendments breaching various aspects of EU law, asked for clarification over certain issues, and requested the amendments be brought in line with EU law.

In particular the Commission is concerned about discrimination against LGBTI people when it comes to various areas of EU competence, including the freedom to provide services, the free movement of goods, the Audiovisual Media Services Directive, the e-commerce Directive, freedom of expression and information, the right to respect of private life, and the right to non-discrimination.

ILGA-Europe’s member organisation, Hátter Society has reported that the amendments have already had a severe impact on LGBTI people in Hungary, as media service providers, bookshops, libraries, schools, and other actors covered by the law have begung to implement it voluntarily, in fear of sanctions. The discriminatory amendments and government campaigning around them has also resulted in a stark increase in hate crime against LGBTI people, and the amendments also leave LGBTI people and organisations at risk of arbitrary legal proceedings.

The Commission has found that Hungary’s response to their concerns in relation to equality and the protection of fundamental rights is unsatisfactory and does not include any commitment to remedy the incompatibility of the amendments with EU law, and have therefore decided to refer Hungary to the EU’s Court of Justice.

According to ILGA-Europe’s Executive Director, Evelyne Paradis: “It is encouraging to see the European Commission strongly defending EU law and the principle of non-discrimination when it comes to the treatment of LGBTI people. These amendments breach a variety of EU laws in a wide range of areas, and have already had a devastating impact on the rights of LGBTI people in Hungary. For too long the Hungarian government has been using LGBTI people as a political scapegoat; the rule of law must prevail in order to stop such an abuse of power. Now it is over to the Court of Justice of the European Union to live up to its legal responsibilities and defend EU law and the right of LGBTI people to live free from discrimination.”


To learn about the anti-LGBTI amendments in Hungary, and how the media, bookshops, libraries, schools etc. are implementing them, read this alarming report.

Read the Commission’s press release, which explains in more detail about which EU laws are breached here.

See also

News

New draft law in Hungary seeks to exculde trans women from pension benefits

Dear President of the European Commission, We are writing concerning the recent introduction of a new bill in the Hungarian Parliament to further curtail the […]
read more
Report

EU LGBTIQ Equality Strategy – Second year implementation evaluation

Half-way through, the evaluation of LGBTI organisations is positive, but also pointing clearly to where more is needed to ensure the implementation of the strategy […]
read more
Report

EU Enlargement Review 2023

ILGA-Europe has worked with ERA – LGBTI Rights Association for the Western Balkans and Turkey, to produce our annual LGBTI Enlargement Review, assessing gaps in […]
read more
Blog

The infringement against Hungary: Behind the scenes

As the deadline for member states to decide whether they will join the European Commission’s lawsuit against Hungary for its introduction of anti-LGBTI legislation fast approaches, we look at the vital work ILGA-Europe has been doing behind the scenes to bring this case before the EU Court of Justice and to bring countries on board.
read more
Blog

Activists on Accession to the EU

Although achieving EU membership can take several years, even decades, the accession process can already have a positive impact in LGBTI people in a candidate country. We speak to activists in the latest candidates, Ukraine and Moldova, and from Montenegro, which has been a candidate since 2010.
read more
News

Sexual orientation is not a reason to terminate a contract with a self-employed worker, says Advocate General of the CJEU

Today, the Advocate General of the CJEU has issued an opinion in the case of J.K. vs the Polish public broadcaster company TP, stating that discrimination based on sexual orientation in employment is not acceptable under EU law.
read more
Blog

Update: The Rights of Rainbow Families in the EU

The Court of Justice of the EU has ruled in two occasions over recent months that EU countries must protect the freedom of movement of rainbow families. This is a right all EU citizens should enjoy, LGBTI people too. In today’s blog, we bring you the state of LGBTI people’s family rights in different EU countries.
read more
News

Rainbow families have the right to move and reside freely, EU court reiterates

The Court of Justice of the EU has stated that birth certificates issued in an EU country must be recognised across the EU, and that EU countries should protect the freedom of movement of rainbow families.
read more
News

Anti-LGBT Hungarian Referendum is in Bad Faith, says ILGA-Europe

A referendum to be held this coming Sunday during the Hungarian general elections carefully designed to force voters into siding with the current ruling party, […]
read more
News

European Commission and Council should refrain from approving recovery funds to the governments of Poland and Hungary

An Urgent call on the European Commission and the Council of europe to refrain from approving recovery funds to the governments of Poland and Hungary, […]
read more
News

EU Ministers must act on the serious breach of EU’s rule of law and values in Poland

While Poland keeps attacking LGBTI people and their rights, ILGA-Europe have signed a joint letter along with 86 other NGOs asking EU Ministers to take action.
read more
Blog

How Baby Sara and her mums have pushed forward the rights of all rainbow families across the EU

When an EU country recognises a child and its same-sex parents as a family, all EU countries should recognise them as such, so to guarantee their freedom of movement. This is what the EU’s top court ruled in December. But how this case has advanced LGBTI rights in the European Union and what comes next for rainbow families?
read more
Podcast

Hope and the LGBTI Movement in 2021

It was a year of further lockdowns, of new strains of the COVID virus, and the uncertainty they have brought, and most of all, enormous […]
read more
Blog

What has 2021 meant to the LGBTI movement in Europe? Listen to our latest podcast episode to find out this year’s highlights

As 2021 comes to an end, we have collected some of the moments, events and trends that have marked the year in the latest episode of The Frontline, ILGA-Europe’s podcast about LGBTI activism and lives in Europe and Central Asia. Read here some of the episode’s highlights and find out reasons to stay hopeful in 2022.
read more
Press Release

Top EU Court Recognises Relationship of Same-sex Parents and their Children Under EU Law

In a landmark judgement, the Court of Justice of the European Union has ruled that a child and its same-sex parents must be recognised as […]
read more
Press Release

EU Holds Firm in Face of Hungary’s Blatant Lies Surrounding Anti-LGBTI Law

As the European Commission takes the second step in its infringement procedure against Hungary, Europe’s leading LGBTI organisation welcomes its clarified commitment to the equal […]
read more
Report

EU LGBTIQ Equality Strategy – First year implementation evaluation

The first ever EU LGBTIQ Equality Strategy, adopted in November 2020, is a major step in the EU’s overall commitment and detailed efforts to ensure […]
read more
News

European Court rules in favour of the best interest of the child in same-sex custody case

The European Court of Human rights has ruled that the refusing a mother custody of her youngest child on the grounds of her sexual orientation to be discriminatory and a violation of her right to private and family life.
read more
Policy Paper

Policy Briefing on LGBTI Refugees and EU asylum legislation

LGBTI asylum seekers are often at risk of additional danger because of their SOGIESC during their journey and upon arrival in the country where they […]
read more
News

Joint Statement: Current priorities for an EU response to the situation in Afghanistan

As European NGOs working on asylum and migration and Afghan Diaspora organisations in Europe, we are alarmed about the situation in Afghanistan and concerned above all about the security of the people of Afghanistan, both those within the country and those displaced and seeking protection in the region and beyond.
read more
Podcast

The frontline: Queer and the Media: with Ben Hunte

Ben Hunt’s first year on the job as BBC LGBT Correspondent* has been an unprecedented one, with the rise of anti-LGBT hatred in Europe, marked […]
read more
Press Release

With today’s infringements the EU has clarified that member states can no longer act against human rights with impunity

According to ILGA-Europe, the infringement procedures announced by the European Commission today show that the EU has come to a tipping point; after years of […]
read more
Blog

5 ways you can help the Hungarian LGBTI community

As Hungary introduces a draconian new anti-LGBTI law, ILGA-Europe have been receiving a huge volume of requests for information about how to support the Hungarian LGBTI community in the face of such a ruthless attack on their fundamental rights and freedoms. Here we list five concrete things you can do to support LGBTI people in the first EU country to introduce Russian style anti-propaganda legislation.
read more
Blog

How the new anti-LGBTI legislation in Hungary actually violates children’s rights, instead of protecting them

The Hungarian parliament has recently passed an anti-LGBTI bill censoring communication about LGBTI people to under-18s. This means that LGBTI-related content will be banned in schools and children’s media, and from public spaces. Viktor Orban’s government claims this bill will protect children, but the truth is that it’s an attack on children’s rights as well as the rights of LGBTI people. Here’s why.
read more
Press Release

Europe’s leading LGBTI rights organisation calls on EU to act as Hungarian parliament adopts legislation censoring communication about LGBTI people

As Hungary adopts Russian-style anti-LGBTI legislation, it is time for the EU to use all instruments available to hold its member state accountable for the […]
read more
Blog

Freedom of movement for same-sex spouses: The Coman Case, 3 years on

ON 5 JUNE 2018, THE COURT OF JUSTICE OF THE EUROPEAN UNION (CJEU) ISSUED A LANDMARK JUDGEMENT AGAINST ROMANIA, RECOGNISING THAT THE TERM SPOUSE INCLUDES SAME-SEX SPOUSES UNDER EU FREEDOM OF MOVEMENT LAWS. THREE YEARS LATER, CLAI HAMILTON, SPOUSE OF ROMANIAN CITIZEN ADRIAN COMAN, HAS NOT BEEN GRANTED RESIDENCY YET. NOW THEY’VE BROUGHT THE CASE TO THE EUROPEAN COURT OF HUMAN RIGHTS (ECHR). HERE, ADRIAN COMAN TALKS ABOUT THE ORIGINAL CASE, AND HIS HOPES WITH THIS LATEST DEVELOPMENT.
read more
Podcast

Rainbow Family Rights in Europe – Part 2: Baby Sara, Stateless Child

We meet Kalina and Jane, from Bulgaria and the UK respectively. Because their daughter Sara was born in Gibraltar, she cannot claim UK citizenship via […]
read more
Podcast

Rainbow Family Rights in Europe – Part 6: The Future

ILGA-Europe’s advocacy director, Katrin Hugendubel and Björn Sieverding from the Network of European LGBTIQ Families explore the issues coming down the line in terms of […]
read more
News

Opinion from European court: same-sex parented families should be officially recognised in all EU member states

Advocate General of the Court of Justice of the European Union’s opinion says that Bulgaria’s lack of recognition for same-sex parented families cannot justify a violation of EU freedom of movement law.
read more
Blog

The lived realities of LGBTI people in every single EU country show that it’s not yet an LGBTIQ Freedom Zone

The EU is now an LGBTIQ Freedom Zone, as declared by the European Parliament. This is great news, but real action must be taken to make this a lived reality for LGBTI people across the EU.
read more