Hungary has violated the European Union’s right by prohibiting or limiting access to LGBTI content. According to MTI, this was stated on Thursday by the lawyer of the EU Court of Justice, based in Luxembourg Tamara Capetová, says TASR newsletter in Budapest. In her opinion, the lawyer also recommends that the EU Court also find a separate breach of Article 2 of the EU Treaty, which defines the basic values of the European Union.
The statement of the Luxembourg body states that the aim of the Hungarian law passed in 2021 was strictly to intervene against a pedophile offense and strengthening the protection of children. Within this, Hungary amended several laws. However, several of these provisions – according to the government to protect minors – limit or prohibit access to content that depicts or promotes “sex other than birth, gender change or homosexuality”.
Therefore, the European Commission has filed an action against the Court of Justice of the European Union against Hungary for failure to comply with the obligation, in which the court calls for the court to state that Hungary has violated the EU’s right at three different levels.
The violation concerns primary and secondary legislation on the functioning of the internal market, in particular the provisions on the free movement of services. The changes are in conflict with the provisions of the General Data Protection Regulation (GDPR). The Commission considers that Hungary has violated several fundamental rights guaranteed by Charta of the European Union’s fundamental rights and also violated the basic values enshrined in Article 2 of the Treaty on the European Union, such as the principles of human dignity, equality and the rule of law.
The lawyer’s General has stated that the Hungarian legislation, referring to the protection of minors, prohibits the depiction of the daily life of LGBTI persons and is not limited to the protection of minors against pornographic content that has been banned from Hungary by law already from changes and supplements. Moreover, Hungary has not provided any evidence that the content depicting the daily life of LGBTI people could damage the healthy development of minors.
The opinion of the lawyer is not binding and the EU Court of Justice shall issue a final judgment later, MTI adds.
