Lawmakers on Tuesday adopted the 9th amendment to Hungary’s constitution, stipulating that a mother is a woman and a father a man.
The government-sponsored amendment passed with 134 votes in favour, 45 against and there were five abstentions.
The fundamental law now protects a child’s right to identify with their gender at birth and an upbringing based on Hungary’s constitutional identity and Christian culture.
The explanatory text states that western ideology is changing in a way that necessitates guaranteeing the child’s right to self-identity in line with their gender at birth in order to protect the child from mental or biological intervention affecting their physical and mental wellbeing.
Raising children according to Hungary’s “constitutional identity and Christian culture” gives new generations the chance to learn about Hungarian identity and to protect its sovereignty as well as the national role of Christianity,
Meanwhile, the ninth constitutional amendment also stipulates that raising revenue and spending is the business of the state. A related cardinal law affects the rules governing public trusts performing public tasks.
The independence from the government of public foundations that carry out public tasks such as certain education institutions is also constitutionally protected as a result of the amendment.
The establishment, operation and dissolution of foundations is to be governed by a cardinal law requiring a two-thirds majority. This increases legal certainty as a political consensus is needed to amend them, according to the explanatory text.
Also six constitutional types of special legal order which have defined a state of emergency is to be narrowed down to three: a state of war, a state of emergency, and a state of danger.
A two-thirds majority will be required to declare a state of emergency, which may be brought about if attempt is made to overthrow the constitutional order or launch a coup d’etat, or if any illegal act that endangers the security of life or property on a mass scale is made.
This special legal order can be imposed for thirty days and extended by parliament for a further thirty days if the given situation warrants it.
The new text tightens up the definition for a state of danger so that one can only be declared in the event of a “disaster or industrial accident that endangers the safety of life and property”.
This also requires a two-thirds parliamentary majority and can last up to thirty days.
The constitutional amendment will enter into force the day after it is promulgated. The rules related to the special legal order will enter force in July 2023.