The European Court of Justice has declared that Hungary’s 2021 Child Protection Law unlawfully discriminates against the LGBTQ+ community; it marks the first instance where a member state was found in breach of the EU Charter of Fundamental Rights.
The European Court of Justice determined that Hungary’s revised Child Protection Law contravenes EU legislation and discriminates against gay and transgender individuals.
ADVERTISEMENT 
ADVERTISEMENT
This is the first occasion on which the court has identified a violation by an EU member state of the core principles enshrined in the EU Charter of Fundamental Rights. The legislation was advanced by Viktor Orbán during a referendum that coincided with a general election.
Upon enactment, the law was criticized for unfairly equating gay men with pedophiles.
The judgment, issued on Tuesday, arrived nine days after the parliamentary elections in Hungary, where the opposition Tisza Party overcame Orbán’s Fidesz party.
In 2021, Hungary amended its child protection law, justifying the updates as a safeguard for minors against sexual exploitation. The legislation prohibited the portrayal or endorsement of homosexuality and gender transition.
Consequently, media companies and publishers in Hungary were compelled to withdraw TV programs, films, and literature that featured homosexual content.
The court stated that the law “stigmatizes and marginalizes non-cisgender persons, including transgender individuals,” and highlighted that the law’s title associates them with convicted pedophiles. According to the court, this linkage boosts stigma and may incite hostile reactions.
All 27 judges participated in delivering the verdict.
The court concluded that Hungary infringed multiple rights protected under the EU Charter of Fundamental Rights and mandated the immediate repeal of the law.
The amendments were found to significantly obstruct essential rights such as protection from discrimination based on gender or sexual orientation, respect for private and family life, along with freedom of expression and information.
The ruling also determined that the law breaches EU provisions concerning the free movement of services.
During proceedings, Hungary defended the measures, asserting they were essential to safeguard children and maintain national identity.
In 2025, Hungarian authorities prohibited Budapest Pride under the same legal grounds, arguing that the event might negatively affect minors. Nevertheless, organizers proceeded with the march, which attracted hundreds of thousands of participants.
At the moment of this report, the outgoing Hungarian government had not issued any statement regarding the ruling.