User:X0730420210/LGBT rights in Hungary

Discrimination protections
In 2000, the Constitutional Court recognized that the constitutional ban on discrimination based on "other status" covers sexual orientation as well. The Act on Public Health has banned sexual orientation-related discrimination in health services since 1997 and gender identity-related discrimination since 2004. The 2003 Act on Equal Treatment and the Promotion of Equal Opportunities (2003. évi CXXV. törvény az egyenlő bánásmódról és az esélyegyenlőség előmozdításáról), which took effect in January 2004, forbids discrimination based on factors that include sexual orientation and gender identity in the fields of employment, education, housing, health, and access to goods and services. Article 8 of the Act states as follows:

Provisions that result in a person or a group [being] treated less favourably than another person or group in a comparable situation because of his/her sex, racial origin, colour, nationality, national or ethnic origin, mother tongue, disability, state of health, religious or ideological conviction, political or other opinion, family status, motherhood (pregnancy) or fatherhood, sexual orientation, gender identity, age, social origin, financial status, the part-time nature or definite term of the employment relationship or other relationship related to employment, the membership of an organisation representing employees' interests, [and any] other status, attribute or characteristic are considered direct discrimination.

Additionally, Hungarian law prohibits hate crimes and hate speeches on the basis of one's sexual orientation and gender identity.

'''Despite the existing laws aimed at discrimination protection, in June 2021, the Hungarian Parliament passed legislation aiming to limit access to content ‘depicting divergence from self-identity corresponding to sex at birth, sex change, or homosexuality’ for individuals under 18. The Commission initiated infringement proceedings against Hungary on July 15, 2021, and subsequently issued a reasoned opinion on December 2, 2021, highlighting Hungary’s failure to meet its obligations under various EU directives and articles concerning audiovisual media services, electronic commerce, internal market services, data protection, and fundamental rights. In April 2022, the Hungarian government organized a national referendum in support of the law, which was countered by Amnesty International Hungary, Háttér Society, and 12 civil society organizations mobilizing over 1.7 million people, ultimately rendering the referendum invalid. '''

'''With Hungary's response deemed unsatisfactory, on July 15, 2022, the Commission referred Hungary to the Court of Justice of the EU. As of April 2023, fifteen European Union member-states have joined this legal case. Alongside the European Parliament, they will act as third parties in the lawsuit filed by the European Commission. '''

Gender identity and expression
In December 2017, a government decree was published, establishing for the first time a legal basis for gender transitions. After 1 January 2018, transgender people living in Hungary were theoretically able to change their legal gender. They required a diagnosis from a medical professional, but did not have to undergo hormone therapy, sterilization or sex reassignment surgery. However, Transvanilla – an organization based in Budapest which campaigns on behalf of transgender rights – reports that the government has refused to honor applications of the legal gender change since 2018. In 2019, a joint case of 23 people was created and submitted to the European Court of Human Rights.

In 2018, the Hungarian government removed accreditation from gender studies programs at Hungarian universities, arguing that there was no market for gender studies graduates. Bence Rétvári, the political undersecretary in the ministry of Human Resources justified the decision by claiming that, "Gender Studies - similarly to Marxism-Leninism - can be called an ideology rather than a science."

'''While Hungary, alongside the majority of EU countries, has signed the Istanbul Convention - Council of Europe treaty that aims to combat and prevent violence against women - it has refused to take further action to ratify the Convention. In May 2020, the Hungarian Parliament adopted a political declaration that rejects the Istanbul Convention and supports the government declaration that claims that the measures of the treaty promote “destructive gender ideologies” and “illegal migration.” The declaration was adopted with 115 votes in favor, 35 against and three abstentions. The Hungarian government, including the Ministry of Justice, argued that the Hungarian law already contains a “comprehensive system for assisting and protecting victims.” '''

Following the coronavirus lockdown of 2020, Viktor Orbán was enabled to rule by decree following an emergency powers act. On 31 March, the Transgender Day of Visibility, a bill was submitted that replaced the Hungarian term "nem", meaning both "sex" and "gender," with sex at birth, defined as "the biological sex determined by primary sexual characteristics and chromosomes". Parliament voted in favor of the bill on 19 May 2020, making it impossible for individuals to change their legal gender. The vote was 134 yes, 56 no, and 4 abstentions. Dunja Mijatović, commissioner for human rights in the Council of Europe, stated it "contravenes human rights standards and the case law of the European Court of Human Rights". President János Áder signed the bill into law on 28 May 2020.

In January 2021 the government ordered that a book published by the Labrisz Lesbian Association carries warnings saying it "[contains] behaviour inconsistent with traditional gender roles". According to a government spokesperson, "the book is sold as a fairytale... but it hides the fact that it depicts behaviour inconsistent with traditional gender roles." In response, the association announced that they would be filing suit. After the publication of the children's book, Fidesz also launched a smear campaign against the organization and the entire LGBTQ community, deliberately confusing homosexuality with pedophilia. Labrisz took the government-related media giant Mediaworks to court too, for an article that called them pedophiles without any proof. In the lawsuits, the human rights NGO Hungarian Helsinki Committee represented Labrisz, and they won at first instance. However, in November 2022, the Curia (the Supreme Court of Hungary) found that the article does not violate Labrisz Lesbian Association's right to good reputation. The human rights defenders don't accept this decision - claiming double standards and that the government uses the freedom expression as an excuse to cover hatred and abuse - and turn to the Constitutional Court.

In April 2023, Hungary implemented a law enabling citizens to report to the state people who "contest" children's right to "an identity appropriate to their sex at birth".