Hungary’s controversial Child Protection Law, widely criticized as anti-LGBT, is set to face legal scrutiny at the Court of Justice of the European Union in Luxembourg this Tuesday. The law, which was passed with the intention of strengthening protections for children against sex offenders, has sparked widespread condemnation for its provisions that restrict depictions of homosexuality and gender reassignment in media and educational materials aimed at minors.
Critics argue that the law conflates paedophilia with homosexuality, undermining both children’s rights to healthy development and freedom of expression. Children’s rights groups such as Eurochild have condemned the law, stating that it harms the very children it aims to protect by fostering a climate of fear and threatening their well-being.
The European Parliament has also condemned the law, citing concerns over its broader impact on democracy and the rule of law in Hungary. Despite the criticism, Hungary has remained defiant, pointing to a 2022 referendum in which the majority of respondents supported the government’s stance, although the poll did not meet the required voter turnout for validity.
In response, the European Commission referred Hungary to the EU’s Court of Justice in December 2022, arguing that the law violates fundamental EU rights. Fifteen EU countries have joined the case as third parties, including Belgium, Luxembourg, and Germany.
The Hungarian law’s framework closely mirrors Russia’s “anti-gay propaganda” law, which was ruled unlawful by the European Court of Human Rights in 2017. As the case moves forward, its outcome could have significant implications for the balance between national sovereignty and EU human rights standards.