Budapest has violated European Union law by introducing bans and restrictions on LGBT content - this is the conclusion of an opinion by Advocate General Tamara Capeta, published on Thursday, Euractiv reports, BTA reports.
The opinion concerns a legislative package adopted by Hungary in 2021 that restricts the dissemination of information related to LGBT topics among minors. The restrictions cover advertising, media, educational institutions, bookstores, and even the family environment.
Although the opinions of the advocates general are not binding, they often have a significant impact on the final decision of the Court of Justice of the EU, which is expected in the fall of 2025.
According to Kapeta, the Hungarian law violates a number of fundamental rights guaranteed by the EU Charter of Fundamental Rights, including the prohibition of discrimination on grounds of sexual orientation, the right to private and family life, freedom of expression and information, and human dignity.
“This is not simply a case of divergence from EU values,“ the opinion states. “Hungary is effectively denying some of these fundamental values and is significantly departing from the model of constitutional democracy enshrined in Article 2 of the EU Treaties.“
The report comes against the backdrop of growing criticism of Prime Minister Viktor Orbán's rule. In recent years, he has taken a number of steps, including banning pride marches and allowing police to use facial recognition to track participants.
In response to Budapest's actions, 17 EU countries, led by the Netherlands, signed a declaration condemning the repression of the LGBT community.
The Advocate General stresses that any legislation aimed at marginalising certain groups crosses the “red lines” drawn by the European Union.