The European Court of Justice has ruled that Hungary’s amended Child Protection Law violates EU law and discriminates against gay and transgender people.
This marks the first time the court has found a member state breached the EU Charter of Fundamental Rights. The law, pushed by Viktor Orbán and enacted via referendum, banned the depiction or promotion of homosexuality and gender reassignment, requiring media to remove relevant content.
The court stated the legislation "stigmatises and marginalises non-cisgender people, including transgender people," noting the law’s title links them with individuals convicted of pedophilia, increasing stigma and potentially encouraging hostile behavior.
All 27 judges concurred that Hungary violated several rights, including protection from discrimination, respect for private life, and freedom of expression, ordering the country to repeal the law immediately. The ruling also stated the law breaches EU rules on the free provision of services.
Hungary had argued the measures were necessary to protect children and preserve national identity. The outgoing government had not responded to the ruling at the time of publication.