A Hungarian law that bans content about LGBTQ+ people from schools and media is a violation of human rights, according to a senior legal scholar in the European court of justice.
In Hungary, there is a law that bans LGBTQ+ content in schools, books, and primetime television. In response, senior legal scholar at the European court of justice, Tamara Ćapeta, has stated that this “child protection law,” which was passed in 2021, is a violation of human rights.
According to reports from the Guardian, as the court’s advocate general, Ćapeta’s non-binding opinion is a reflection of a larger argument and breakdown of the law put in place by the Hungarian government, who cited that the law is meant to protect children.
This legislation from Hungary has been compared in the media to Russia’s more well-known “gay propaganda law.” Specifically, gay and transgender people, themes, and storylines are not to be featured in school’s educational material, and aren’t allowed to be in any TV shows, movies, or advertisements unless it’s after 10 pm.
Ćapeta wrote a 69-page opinion in which she broke down how the law is not based on any actual scientific proof or data when it comes to kids protection and development. Instead, the law is based on personal prejudice and judgements that exist among the government.
“[This law reflects] a prejudice that homosexual and non-cisgender (transgender) life is not of equal value or status as heterosexual and cisgender life.”
Ćapeta said that the legislation, rather than protecting children from harm, actually “expands such harm.”
“The stigmatizing effects of the Hungarian legislation, which creates a climate of hostility towards LGBTI persons, may affect the feelings of identity, self-esteem and self-confidence of LGBTI persons,” she wrote.
“Minors who belong to the LGBTI community are especially affected, as the removal of information about LGBTI lives from the public sphere prevents them from realising that their life is not abnormal,” Ćapeta emphasized.
She also made it clear that this legislation from Hungary violates fundamental rights of human dignity and respect for family life. She wrote that it goes against the non-discrimination policies implemented by the EU treaty and charter of fundamental rights.
Besides just the treaty and charter, Ćapeta stated that the law has also breached EU commerce and audiovisual laws that are put in place so government bodies can’t place restrictions on media companies unless there’s a genuine reaction from the greater public.
“It also affects their acceptance by their peers, in school or other environments and thus affects their right to a ‘private social life’ as well. Therefore, rather than protecting minors from harm, the contested legislation expands such harm.”
Ćapeta’s opinion does not reflect the thoughts of the entire European court of justice, however, the judges within that body do typically follow the lead of the advocate general in most cases.
In response to Ćapeta’s opinion, Balázs Hankó, Hungary’s culture and innovation minister stated the following:
“According to Brussels, sexual propaganda takes precedence over child protection — we fundamentally disagree … Sexual education belongs to parents, not gender activists or propaganda.”
“The lawsuit continues, but we will fight for our children and families — no matter how many countries join Brussels’ attack.”
When Hungary initially passed the law in 2021, the European Commission almost immediately began legal proceedings against the legislation. They specifically went after how the specifics against LGBTQ+ content were stigmatizing considering they were a part of a law that was meant to protect children from child abusers.
Hungary has been continuously coming after the LGBTQ+ community and their rights. More recently, lawmakers passed an amendment that codifies a ban on Pride events. Additionally they granted authorities the right to use facial recognition technology to track anyone who attends a pride event so they can be fined.
In response, 17 member states of the EU signed a letter that condemned Hungary for their LGBTQ+ legislation and laws banning content in schools and in the media.
Eric Mastrota is a Contributing Editor at The National Digest based in New York. A graduate of SUNY New Paltz, he reports on world news, culture, and lifestyle. You can reach him at eric.mastrota@thenationaldigest.com.
