EU court defeats Hungary over disputed child protection law

A historic ruling has been delivered in Luxembourg: the Court of Justice of the European Union has declared that Hungary breached EU law with its so-called “paedophile law”.

Luxembourg rules Hungary’s law is unlawful

According to the court, the Hungarian law adopted in 2021 violates several core principles and legal provisions of the European Union. Originally introduced as child protection legislation, the law was later amended to restrict content related to homosexuality and gender identity for minors.

The judgment found that Hungary breached, among other things, the EU Charter of Fundamental Rights, the protection of human dignity, the principle of equal treatment, and the right to respect for private and family life.

The Court made serious findings

The judges stressed that protecting children may be a legitimate objective, but it cannot be pursued through discriminatory measures. According to the ruling, the Hungarian legislation stigmatises non-heterosexual people and suggests that their presence or identity could be harmful to children’s development.

One of the strongest conclusions in the judgment stated that the law links the LGBTQ community with paedophile offenders, which could fuel hatred and social exclusion, reported Telex.

First time EU values were declared violated

The case is considered a landmark because it is the first time the Court of Justice of the European Union has separately established a breach of the Union’s common values. These include human dignity, equality, freedom, and respect for minority rights.

The court also stated that the Hungarian government cannot successfully rely on national identity to justify legislation that conflicts with the EU’s legal and constitutional order.

Financial penalties could follow

If the Hungarian government fails to amend the contested rules, a new procedure may follow, this time focused on financial sanctions. This could involve significant sums being deducted from EU funds allocated to Hungary.

Brussels has already frozen parts of Hungary’s funding over rule-of-law concerns, and this latest judgment may increase financial pressure even further.

The shadow of the Kaleta scandal

The case is especially significant in light of previous scandals. Gábor Kaleta, the former Hungarian ambassador to Peru who was caught with child abuse images, remained active for years at child protection events where he regularly appeared alongside government figures. After being prosecuted, Kaleta received a suspended prison sentence, which many considered disproportionately lenient, and to this day, no meaningful political accountability has followed.

The lack of accountability in the Kaleta affair, combined with the EU court’s latest ruling, exposes a serious contradiction: while the government loudly promotes its child protection agenda, genuine responsibility and consequences have at times been absent.

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