Hungary's anti-LGBTQ law breaches EU rules: bloc's court

Budapest: Europe’s top court has ruled that Hungary’s 2021 law restricting LGBT-related content for minors breaches European Union law and its fundamental values.

The Court of Justice of the European Union said the legislation, often described as an “anti-LGBT law”, is discriminatory and undermines basic rights. Judges found it violates EU treaties, several directives and the Charter of Fundamental Rights.

The law, introduced under prime minister Viktor Orban, bans the promotion or depiction of homosexuality, gender transition or non-traditional gender identities to under-18s across schools, media and advertising.

In its ruling, the court said the measures interfere with key freedoms, including the right to provide services and the freedom of expression. It also found a “particularly serious” breach of rights such as human dignity, privacy and protection from discrimination based on sex or sexual orientation.

Crucially, judges ruled that Hungary had violated Article 2 of the EU treaty, the first time the court has made such a finding on its own. This article sets out the bloc’s core principles, including respect for human dignity, equality and human rights.

The court said the law “stigmatises and marginalises” LGBT people and links them to criminal behaviour, which could encourage hostility.

It also found the legislation breaches EU data protection rules by allowing overly broad access to sensitive personal data.

The case was brought by the European Commission, backed by several member states (including Belgium) and the European Parliament.

Rights groups welcomed the decision, calling it a landmark for LGBT protections in Europe. They urged Hungary to repeal the law and related measures, including restrictions on Pride events.