‘Grotesque’: EU countries condemn Hungary over anti-LGBTQ law

EU ministers organized a hearing on Hungary’s compliance with the rule of law – the article 7 procedure – at yesterday’s (22 June) General Affairs council. The last hearing for Hungary took place in December 2019. Since then additional problems have arisen, the latest being a law that stigmatizes the LGBTIQ community. 

This last issue reportedly generated a heated discussion at the meeting. The Benelux (Belgium, the Netherlands, Luxembourg) countries issued a joint statement (see below) expressing deep concern about the adoption by amendments that discriminate against LGBTIQ persons and violate the right to freedom of expression under the guise of protecting children. The statement describes this as “a blatant form of discrimination on the basis of sexual orientation, gender identity and expression… Inclusion, human dignity and equality are core values ​​of our European Union, and we must not compromise on these principles.”

Today (23 June), following an initial analysis of the proposal, European Commission President von der Leyen announced that a letter will be sent to Hungary expressing legal concerns over the amendments before they enter into force. Von der Leyen described it as a shame. Luxembourg’s foreign minister described it as “unworthy of Europe” and said “we are no longer in the middle ages”.  

In addition to the Benelux countries, Denmark, Estonia, Finland, France, Germany, Ireland, Lithuania, Spain, Sweden and Latvia also endorsed this statement. Today, Italy, Greece, Austria and Cyprus have added their support for the statement taking the number to 17. Portugal voiced its support but as holder of the presidency it felt that it had to remain neutral. 

Hungary and the Rule of Law

The European Parliament launched the Article 7 process following the European Commission’s failure to initiate the procedure. The Sargentini Report covered a wide range of ‘rule of law’ issues from the functioning of the constitutional and electoral system, the independence of the judiciary, corruption and conflicts of interest, academic freedom, freedom of religion, freedom of association and the right to equal treatment. 

Yesterday’s discussions included other new developments aside from the discriminatory law on LGBTIQ. On judicial independence there have been appointments to the constitutional and supreme court that have been heavily criticized for ignoring the negative opinion of the national judicial council. On media independence, the government refused to renew the broadcasting licence of independent radio station Klubradio. The Commission has launched an infringement procedure on this last issue. 

Latest

The European Commission has sent a letter this afternoon. The letter invokes the EU Charter on Fundamental Rights which provides for non-discrimination on grounds of sexual orientation, but the Charter applies to member states only where they are implementing EU law therefore the letter makes reference to the law’s affect on freedom to provide services (Article 56, TFEU), the freedom to provide goods, such as books and magazines (Article 34 and 36, TFEU) and the EU’s e-commerce and audio-visual media services directives. Here is a link.

Joint statement

We are deeply concerned about the adoption by the Hungarian Parliament of amendments that discriminate against LGBTIQ persons and violate the right to freedom of expression under the guise of protecting children.

These amendments to a number of Hungarian laws (the Child Protection Act, the Business Advertising Act, the Media Act, the Family Protection Act and the Public Education Act) prohibit “the portrayal and promotion of a gender identity other than sex in birth, gender reassignment and homosexuality” for persons under the age of 18.

This is a blatant form of discrimination on the basis of sexual orientation, gender identity and expression, and must therefore be condemned. Inclusion, human dignity and equality are core values ​​of our European Union, and we must not compromise on these principles. 

These amendments also violate freedom of expression, by restricting the freedom to hold opinions and to receive and impart information without interference from any public authority, as enshrined in the Charter of Fundamental Rights of the European Union.

Stigmatizing LGBTIQ persons is a clear violation of their fundamental right to dignity, as enshrined in the EU Charter and international law.

Apart from the discussions in the General Affairs Council, we urge the European Commission, as guardian of the Treaties, to use all the  instruments at its disposal to ensure full respect for EU law, including by to refer the matter to the European Court of Justice. 

We stand ready to protect the rights of all EU citizens.