ECJ rules against Orbán’s LGBTQ law
Since 2021 Hungary has had a law – typical of the Orbán era – prohibiting access to information on homosexuality, trans identity and gender reassignment for the under-18s. The European Court of Justice has now ruled that the law is discriminatory, and that it violates European fundamental rights as well as contradicting the EU's core values.
Cracking down on discrimination
Sydsvenskan sees the ruling as a landmark decision as it is the first time a country has been found guilty of breaching the bloc's fundamental values:
“What we are now hearing from Luxembourg about the special status of Article 2 represents a major shift – away from a Union in which citizens primarily have clear economic rights to a bloc in which member states must also guarantee citizens' rights based on fundamental values. A constitutional framework, that is a powerful instrument and an entirely new level of protection for vulnerable groups and minorities throughout Europe. ... The path to justice for European victims of discrimination has suddenly become shorter.”
Fundamental issue with a price tag
If Hungary repeals the law, it could gain access to a substantial amount of EU funding that has been on hold, hvg stresses:
“It's particularly significant that the Court of Justice also ruled, separately, that there had been a breach of Article 2 of the EU treaty. This article lays out the EU's fundamental values, such as respect for human dignity, equality and respect for human rights. ... But the case is also important for another reason: this legislation is the reason why 700 to 800 million euros worth of the frozen EU funding for Hungary are currently inaccessible. If parliament repeals this controversial amendment to the law, these funds would be released.”