Urgent Action: Protect Transgender and Intersex People’s Rights (Hungary: UA 92.20)
May 29, 2020
On 28 May Hungary’s President signed a new law adopted by parliament on 19 May and whose Article 33 bans legal gender recognition for transgender and intersex people in violation of their human rights. Hungary’s Commissioner for Fundamental Rights must now urgently stop this law by requesting a review by the Constitutional Court. If the Commissioner fails to act quickly, the ban will be a flagrant attack on transgender and intersex people’s rights and will legitimize an increase of attacks and hate crimes against them.
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Dr. Ákos Kozma Commissioner for Fundamental Rights Due to postal restrictions caused by COVID-19, please only send physical mail to the Embassy Email: [email protected]
I am writing to you concerning Act XXX of 2020 on Changes of Certain Administrative Laws and Free Donation of Property that was adopted by Parliament on 19 May and signed into law by the President on 28 May and whose Article 33 bans legal gender recognition, violating the human rights of transgender and intersex people.
These provisions are in breach of Hungary’s obligations under international human rights law and also violate Article II, VI (1) and XV (2) of the Fundamental Law of Hungary. Besides violating the human rights of transgender and intersex people, this law will lead to further discrimination and increase the risk of attacks and hate crimes against transgender and intersex people.
Individuals should be able to obtain legal gender recognition through quick, accessible and transparent procedures on the basis of their self-declaration of gender identity. Furthermore, Hungary must ensure that transgender and intersex people can obtain documents by the State and other official institutions reflecting their name and gender identity without being required to satisfy criteria that in themselves violates their human rights.
In light of the above, I am urging you to immediately request a review of Act XXX of 2020 by the Constitutional Court, as its Article 33 is in clear breach of Hungary’s Fundamental Law.
I appreciate your attention to this urgent matter.