The European Court of Justice rules that Hungary's 2021 Child Protection Law unlawfully discriminates against LGTBQ+ community; the first time a member state has been found in violation of EU fundamental values charter.
The European Court of Justice has ruled that Hungary’s amended Child Protection Law violates EU law and discriminates against gay and transgender people.
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It is the first time the court has found that an EU member state breached the fundamental values set out in the EU Charter of Fundamental Rights. The law was pushed by Viktor Orbán in a referendum coinciding with a general election vote.
At the time, the law faced accusations that it unfairly criminalised gay men as pedophiles.
The ruling on Tuesday comes nine days after Hungary’s parliamentary elections, in which the opposition Tisza Party defeated Orbán’s Fidesz party.
Hungary amended its child protection law in 2021, saying the changes were needed to protect minors from sexual abuse. The law banned the depiction or promotion of homosexuality and gender reassignment.
As a result, Hungarian media outlets and publishers were required to remove TV series, films and books that portrayed homosexuality.
The court said the legislation “stigmatises and marginalises non-cisgender people, including transgender people,” and noted that the law’s title links them with people convicted of paedophilia. According to the court, this association increases stigma and may encourage hostile behaviour.
All 27 judges took part in the ruling.
The court found that Hungary had violated several rights under the EU Charter of Fundamental Rights and ordered the country to repeal the law immediately.
It said the amendments seriously interfere with key rights, including protection from discrimination based on sex or sexual orientation, respect for private and family life, and freedom of expression and information.
The court also ruled that the law breaches EU rules on the free provision of services.
During the hearing, Hungary argued that the measures were necessary to protect children and preserve national identity.
In 2025, Hungarian authorities banned Budapest Pride under the same law, saying the event could harm minors. Organisers went ahead with the march despite the ban, and it drew hundreds of thousands of participants.
The outgoing Hungarian government had not responded to the ruling at the time of publication.