Responding to the publication of the opinion of Advocate General of the Court of Justice of the European Union that Hungary’s anti-LGBTI law which bans the “presentation” and “promotion” of content relating to sexual and gender minorities in schools and the media is in violation of EU law, Dávid Vig, director of Amnesty International Hungary, said:
“Today the Advocate General made it clear the law has no place in Hungary and the European Union. The discriminatory law violates several human rights and promotes the idea that the life of LGBTI people is not of equal value.
“Despite the ongoing the procedure, the Hungarian government used the propaganda law to crack down on freedom of assembly in March with the intention to ban peaceful demonstrations and marches supporting the LGBTI community. Today’s opinion is a very clear sign that only immediate legal action by the EU can guarantee that people can exercise their rights.”
Background
The Advocate General found that the law infringes the freedom to provide and receive services as enshrined in EU law and in one or several provisions of the Directive on electronic commerce, the Services Directive, the Audiovisual Media Services Directive, as well as the GDPR. Additionally, it also interferes with human rights protected by EU’s Charter of Fundamental Rights including the prohibition of discrimination on grounds of sexual orientation and gender identity, the respect for private and family life, the freedom of expression and information as well as the right to human dignity.
In 2021 the Hungarian Parliament adopted a law that curtails discussions and portrayals of LGBTI people in schools and in the media and has had a far-reaching impact on LGBTI individuals and groups in Hungary, entrenching negative stereotypes and discriminatory attitudes and restricting the right to freedom of expression.
On July 15, 2021 the European Commission launched an infringement procedure against Hungary claiming that the law violates the internal market rules, the human rights of LGBTI people and the EU values. The Hungarian authorities did not sufficiently respond to the concerns of the Commission, so on July 15, 2022 the Commission referred Hungary to the Court of Justice of the EU.
The Commission’s action has been joined by 16 EU Member States and the European Parliament.
The Advocate General’s is not binding on the Court but generally indicates the direction in which a decision is likely to go.
The CJEU’s ruling is expected in the second half of the year.
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