Brussels called on Budapest to immediately repeal the law that violates such provisions of the EU Charter of Fundamental Rights as protection against discrimination based on gender or sexual orientation, respect for private and family life, and freedom of speech and information.
The European Court ruled that the amended Hungarian "Law on the Prohibition of LGBT Propaganda Among Minors" violates EU legislation and discriminates against gays and transgender individuals. This is the first case in which a European court has recognized that a member state has violated the fundamental values outlined in the EU Charter of Fundamental Rights.
Viktor Orban put this law to a referendum coinciding with the general elections. At that time, the text was accused of unfairly associating gays with pedophiles.
The ruling issued on Tuesday came nine days after parliamentary elections in Hungary, where the opposition party Tisza won, ending Orban's 16-year rule and that of his Fidesz party.
Hungary amended its child protection law in 2021, stating that it was necessary to protect minors from sexual violence. The text prohibits the depiction or promotion of homosexuality and gender transition. As a result, Hungarian media and publishers were required to remove from the air series, films, and books that depicted homosexuality.
The European Court stated that this legislation "stigmatizes and marginalizes," noting that the very name of the law links the LGBT+ community with individuals convicted of pedophilia. According to the court, such a connection reinforces stigma and can contribute to hostile behavior. The decision was made by all 27 judges.
The European body ruled that Hungary violated several provisions of the EU Charter of Fundamental Rights and ordered the country to immediately repeal the law.
The court found that the amendments severely infringe on key rights, including protection against discrimination based on gender or sexual orientation, respect for private and family life, as well as freedom of speech and information. The court also ruled that the law violates EU rules on the free provision of services.
During the hearings, Hungary argued that these measures were necessary to protect children and preserve national identity.
In 2025, Hungarian authorities banned the Budapest Pride based on the same law, stating that the event could harm minors. Despite the ban, organizers held a march, gathering hundreds of thousands of participants. The outgoing Hungarian government had not responded to this ruling at the time of publication.
