EU's Supreme Court says Hungary crackdown on LGBTQ+ content violates human rights | Hungary

A Hungarian law prohibits content about LGBTQ+ schools and prime time television, and a senior legal scholar at the European Court of Justice violates basic human rights and freedom of expression.

The non-binding opinion released by court defense attorney Tamaraćapeta on Thursday is a full demolition of the Hungarian government’s debate on defending its so-called child protection law, which was adopted in 2021.

The legislation is likened to Russia’s infamous “gay propaganda law”, which means that homosexuals and transgender people or subjects cannot be displayed in school education materials or in any TV shows, any TV shows, movies or advertisements.

In an exciting opinion, ® Law says that the law is not based on any scientific evidence, but on value judgments, or - supporting the position put forward by the European Parliament - "The bias of homosexual and non-resident lives is not equivalent to the value or status of the bias of heterosexual and cisender and Cissgender Life".

She concluded that the legislation did not protect children from harm, “expanding this harm.”

She wrote in her 69-page comment: “The stigmatization of Hungarian legislation has created an atmosphere of hostility to LGBTI people and may affect the sense of identity, self-esteem and self-confidence of LGBTI people.

“Minors who belong to the LGBTI community are particularly affected because deleting information about LGBTI from the public domain will prevent them from realizing that their lives are not unusual.

“It also affects the acceptance of their peers in schools or other settings and therefore their right to have 'private social life'. Therefore, the controversial legislation does not protect minors from harm, but expands the harm.”

She concluded that under the EU Treaty and the Charter of Fundamental Rights, Hungary violated the fundamental rights of human dignity, respect for family life and non-discrimination.

APETA supports the argument that the law also violates EU commercial and audiovisual laws to prevent government restrictions on media companies without being based on good public interest. In most cases, the opinion does not bind the court, but the ECJ judge follows the defense attorney.

The Hungarian government has been contacted for comment.

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After the law was passed, the European Commission began legal proceedings against Hungary in 2021. Rules for LGBTQ+ content are considered particularly stigmatized because they are part of the Child Protection Act against Child Abuse.

As Hungary continues to suppress LGBTQ+ rights opinions. Legislators passed a constitutional amendment in April that would prohibit the ban and allow authorities to use facial recognition technology to track participants, so they could be fined.

Last month, 17 EU member states, including France and Germany, signed a letter from the Dutch government organization denounced Hungary's anti-LGBTIQ+ legislation and urged Budapest to make changes to the measures.

Many of these member states (16 members, as well as the European Parliament) have joined the European Commission’s case against legal cases that prohibit LGBTQ+ content.