The Court of Justice of the European Union has ruled that Hungary violates EU law with its law restricting LGTBI+ content in the educational and audiovisual spheres, approved in 2021 under the Government of Viktor Orbán. The ruling considers that this regulation not only violates several European directives, but also infringes fundamental rights enshrined in the Charter of the Union.
The ruling underlines that the measures adopted by the Hungarian Executive, officially justified as a protection of minors, constitute in reality a set of provisions “discriminatory” that directly affect LGTBI+ people. In particular, the court highlights that the legislation “marginalizes” and “stigmatizes” those who are not cisgender or are not heterosexual, which constitutes a serious violation of the principle of equality.
Although the CJEU recognizes that Member States can limit certain content to protect the physical, mental or moral development of minors, as well as the right of parents to educate their children according to their convictions, it warns that these restrictions must be justified and proportionate. In the case of Hungary, the judges conclude that the measures do not meet these requirements and reflect a preference for certain identities to the detriment of others.
The ruling is especially forceful in pointing out that the regulation violates human dignity, by treating LGTBI+ people as a threat to society. Furthermore, it criticizes that the law implicitly links certain sexual identities with crime or pedophilia, which can foster social stigma and behaviors of rejection or hatred.
Beyond fundamental rights, the court also identifies infringements in several European regulations, such as the services directive, the e-commerce directive, and the audiovisual media services directive, considering that the imposed restrictions unjustifiably limit the free provision of services. Likewise, it points to a violation of data protection legislation in relation to access to criminal record registers.
Finally, the TJUE stresses that Hungría cannot invoke its national identity to justify legislation that contradicts the fundamental values of the Unión Europea, such as human dignity, freedom, democracy, or respect for human rights. The ruling warns that this type of norms are incompatible with a society based on pluralism and the rule of law, essential pillars of the European project.
