AUTHOR (name and surname)

Viktor Z. Kazai

COUNTRY

Hungary

YEAR

2021

Name of the act/s*

Decision no. Knk.II.40.646/2021/9. and Decision no. Knk.IV.40.645/2021/19. of the Supreme Court

Subject area

referendum, LGTB rights

Brief description of the contents of the act

In its Decision no. Knk.II.40.646/2021/9. the Supreme Court refused to approve the following question submitted by the government for referendum: Do you support making gender reassignment treatments available to minors?

In its Decision no. Knk.IV.40.645/2021/19. the Supreme Court confirmed the decision no. 15/2021. of the NEC which approved the following question by the government for referendum : Do you support promoting gender reassignment treatments to minors?

Comment

Early summer the National Assembly adopted Act no LXXXIX of 2021 on more severe measures against pedophile criminal offenders and on the amendment of certain acts for the protection of children. In the course of the legislative process an amendment was attached to the original bill containing very controversial provisions targeting LGBTQ persons. In the adopted act one can find several restrictions and prohibitions concerning the “promotion” of deviation from self-identity in line with birth sex, gender reassignment and homosexuality.

In July 2021 the European Commission decided to launch infringement proceedings against Hungary on the grounds that the legislation violates equality and the protection of fundamental rights.

Later in July the Prime Minister of Hungary on behalf of the government initiated a referendum on the following five questions:

1. Do you support educational programs in public education institutions disseminating information to minors about sexual orientation without their parents' consent?
2. Do you support promoting gender reassignment treatments to minors?
3. Do you support making gender reassignment treatments available to minors?
4. Do you support the unrestricted dissemination of media content to minors that influences their sexual development?
5. Do you support the dissemination of media content to minors about gender change?

The National Electoral Commission (NEC) approved the questions submitted by the government. However, some of the decisions of the NEC were challenged at the Supreme Court.

Secondary sources/ doctrinal works (if any)

Eszter Polgári – Tamás Dombos: From Russia with Love: Targeted Legislative Amendments to Further Curtail the Rights of Hungarian LGBTQI people, Verfassungsblog, 15 June 2021, https://verfassungsblog.de/from-russia-with-love/

Isabelle Rovire et al. : Attack on the Rights of LGBTQIA+ People in Hungary: Not Just Words, but Deeds as Well? An Open Letter, Verfassungsblog, 25 June 2021, https://verfassungsblog.de/attack-on-the-rights-of-lgbtqia-people-in-hungary-not-just-words-but-deeds-as-well/

*Act citation /year and number

Decision no. Knk.II.40.646/2021/9. of 22 October 2021

Decision no. Knk.IV.40.645/2021/19. of 8 November 2021

Enacted by

Supreme Court (Kúria)

Official link to the text of the act

https://kuria-birosag.hu/hu/nepszavugy/knkii4064620219-szamu-hatarozat

https://kuria-birosag.hu/hu/nepszavugy/knkiv40645202119-szamu-hatarozat