Landmark Ruling of the Court of Justice of the European Union vs Hungary: Anti-LGBT Law is Unlawful

Human Rights Research Center
6 hours ago
2 min read

Author: Ana Budeanu

May 5, 2026

HRRC applauds the efforts of the Court of Justice of the European Union to protect fundamental rights of LGBTQ+ people.

Close-up of a rainbow flag being held at a pride parade, symbolizing LGBTQ+ pride and inclusivity. [Image credit: Valentin Ilas via Pexels]

On the 21st of April, the Court of Justice of the European Union (CJUE) ruled against a Hungarian law that stigmatized lesbian, gay, bisexual and transgender (LGBT) people under the legal cover of “child protection”.

In June 2021, the Hungarian Fidesz government of Prime Minister Viktor Orban adopted the law, which banned or limited addressing sexual orientation or gender identity in materials accessible to children and adolescents, including in school curricula, advertising and media, in doing so stifling comprehensive sexuality education. Under the law, Hungarian authorities have used the pretext of “child protection” to ban Pride-related events and bring criminal charges on Pride organizers, including the mayor of Budapest.

Immediately after its adoption, the European Commission initiated infringement proceedings against Hungary,on the basis that the law violated EU internal market rules and the fundamental rights of individuals as it affected the ability for educators, journalists, and civil society organizations to have open discussion of LGBT rights, and by creating a hostile environment for LGBT people and LGBT supporters. More precisely, the Hungarian law violated EU laws including the Audiovisual Media Services Directive, the e-commerce Directive, the General Data Protection Regulation (right to data protection) and the EU Charter of Fundamental Rights, among others.

The CJUE also found that the law violates the values enshrined in the EU founding treaty, such as prohibition of discrimination and freedom of expression. The ruling requires Hungary to make its legislation compliant to EU laws.

Glossary

Ban: An official or legal prohibition that prevents a specific action, the use of an item, or the expression of certain ideas.
Breach: A failure to observe a law, agreement, or code of conduct.
Compliant: The state of meeting or adhering to established rules, standards, or laws.
Comprehensive: Thorough and including all or nearly all elements or aspects of something.
Cover: In the present case, pretext as in a false reason or justification given in order to hide the real intent.
Curricula: The plural of curriculum; the subjects comprising a course of study in a school or college.
Gender Identity: An individual's personal, internal sense of their own gender, which may or may not correspond to the sex assigned to them at birth.
Freedom of expression is the fundamental right to hold opinions and to receive and impart information and ideas without interference by public authorities.
Infringement Proceedings: A legal procedure initiated by the European Commission against an EU member state when it believes that country has failed to fulfill its obligations under EU law.
Pride: In a human rights and social context, an affirmative stance against discrimination and violence toward lesbian, gay, bisexual, transgender, and queer (LGBTQ+) people to promote their self-affirmation, dignity, and equality.
Sexual Orientation: A person's enduring physical, romantic, and/or emotional attraction to another person (e.g., heterosexual, gay, lesbian, bisexual, or asexual).
Stigmatize: To describe or regard something or someone as worthy of disgrace or great disapproval.

References

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Landmark Ruling of the Court of Justice of the European Union vs Hungary: Anti-LGBT Law is Unlawful

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