Hungary’s controversial Child Protection Law, widely criticized for its perceived anti-LGBT elements, will be heard by the European Union’s Court of Justice on Tuesday. The law, which claims to protect children from sexual abuse, has drawn heavy criticism for banning or restricting depictions of homosexuality and gender reassignment in content directed at minors under 18.
Critics, including children’s rights group Eurochild, argue that the law conflates homosexuality with paedophilia and infringes upon children’s rights to development and free expression. They warn that the law fosters fear and harm to children, despite its supposed goal of safeguarding them.
The European Parliament has condemned the law, citing its detrimental effects on democracy and the rule of law in Hungary. However, Hungary has defended the law, pointing to a 2022 referendum where most voters, despite low turnout, expressed support for the legislation.
In response to Hungary’s refusal to amend the law, the European Commission referred the case to the EU Court of Justice in December 2022, claiming it violates fundamental rights. Fifteen EU countries, including Germany, France, and the Netherlands, have joined the lawsuit in support of the Commission’s position.
The law draws parallels with Russia’s 2013 “anti-gay propaganda” law, which was ruled unlawful by the European Court of Human Rights in 2017. The EU court’s ruling could have wide-reaching consequences for LGBT rights in Europe.
