Hungary Faces High-Stakes ECJ Hearing Over Child Protection Act

Hungary is at the center of a significant legal showdown at the European Court of Justice (ECJ) over its controversial Child Protection Act, often labelled anti-LGBTQ+ law. Representing the European Commission and 16 EU member states, lawyers are challenging the ruling, restricting LGBTQ+ rights by censoring inclusive sex education, limiting media content, and restricting adoption for LGBTQ+ couples. The 2021 legislation has drawn sharp criticism, with opponents likening it to a violation of EU values under Article 2 of the Treaty on European Union.

The case marks one of the “largest human rights battle in EU history,” writes Politico. A ruling against Hungary could have far-reaching implications, potentially escalating calls for Article 7 (allows for the possibility of suspending European Union membership rights) proceedings, which might strip Hungary of its EU voting rights.

Observers highlight that this case could prompt a broader discussion on whether Hungary aligns with EU principles under its current government.

The case examines a 2021 Hungarian law that introduces stricter measures against paedophile offenders. It also includes amendments to laws regulating media, advertising, e-commerce, and education.

— EU Court of Justice (@EUCourtPress) November 20, 2024

The advocate general’s opinion, expected in three to four months, will provide a preview of the court’s stance ahead of a final ruling. Meanwhile, the EU General Affairs Council is also reviewing Hungary’s rule-of-law progress, adding further pressure on Budapest. Interestingly, Hungary itself chairs the Council presidency, with Hungarian EU Minister János Bóka presiding over discussions, noted the portal.

As Politico highlighted, simultaneously, a report by Nézőpont Institute, a Hungarian think tank, was presented in Brussels criticizing “rule of law in the EU institutions.”

What is certain, however, is that the outcome of the hearing could play a key role in shaping Hungary’s future within the EU.

Balázs Orbán, the political director of Prime Minister Viktor Orbán, reacted to the hearing in an X post, reaffirming Hungary’s position: “Our stance is clear: We will defend our children and our sovereignty – no matter what!”

Here we go again! #Brussels #bureaucrats are attacking #Hungary’s anti-#woke Child Protection Law – an assault on our #sovereignty and the will of the Hungarian people. Reminder: Over 90% rejected #genderideology in a referendum two years ago.
Our stance is clear: We will… https://t.co/JuRHmmwiL2

— Balázs Orbán (@BalazsOrban_HU) November 20, 2024

FactThe Hungarian Child Protection Act was passed by Parliament on June 15, 2021, causing a great stir internationally. The basic principle of the legislation was to preserve the right of parents to the sexual education of their children. The law bans the distribution of any content promoting homosexuality in schools. The adopted proposal includes a ban on discussions on LGBTQI issues for students under 18, including gender reassignment and homosexuality. The changes have been embedded in a widely supported bill imposing stricter penalties for pedophilia, making it harder to protest against the changes.

Furthermore, the Hungarian Child Protection Act also obliges media service providers not only to restrict access to pornographic and violent content to minors, as was the case under the previous legislation, but also to restrict to given periods of time the broadcasting of programs and advertisements that promote and depict sexual awareness, gender reassignment, and homosexuality.

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Via Politico; Featured image via Pixabay

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