The European Court of Justice (ECJ) has ruled that Hungary's 2021 anti-LGBTQ+ law is discriminatory and breaches the European Union's fundamental values. The law, which bans content about LGBTQ+ people in schools and on primetime television, was found to be contrary to the EU's principles of pluralism, non-discrimination, and freedom of expression.
This is the first time the ECJ has found a member state guilty of violating EU law solely based on breaching Article 2 of the EU treaty, which enshrines respect for human dignity, democracy, equality, and minority rights. The judgment sets a precedent for future cases against member states that systematically flout democratic values.
The ruling comes as Hungary's incoming prime minister, Péter Magyar, prepares to take power after a landslide election victory. Magyar has promised to improve living standards and tackle corruption but has been unclear on whether he will repeal the anti-LGBTQ+ policies introduced by his predecessor, Viktor Orbán. The ECJ expects Hungary to comply with the ruling without delay.
Human rights groups have hailed the decision as a historic victory for LGBTQ+ people in Hungary. Eszter Polgári of the Háttér Society called it a milestone for protecting human rights in the EU. Katrin Hugendubel of ILGA Europe urged the new government to prioritise repealing the legislation, including a ban on Pride events, as part of its EU-facing reforms.
