Hungary passes amendment banning public LGBTQ+ events
www.euronews.com
The amendment declares that children's rights to moral, physical and spiritual development supersede any right other than the right to life, including the right to peaceful assembly.

Hungary’s parliament has passed an amendment to the constitution that allows the government to ban public events by LGBTQ+ communities, a decision that legal scholars and critics are calling another step toward authoritarianism.

The amendment, which required a two-thirds vote, passed along party lines with 140 votes for and 21 against.

It was proposed by the ruling Fidesz-KDNP coalition led by Prime Minister Viktor Orbán.

The amendment declares that children’s rights to moral, physical and spiritual development supersede any right other than the right to life, including the right to peacefully assemble.

The amendment codifies a law fast-tracked through parliament in March that bans public events held by LGBTQ+ communities, including the popular Pride event in Budapest that draws thousands of visitors annually.

That law also allows authorities to use facial recognition tools to identify people who attend prohibited events and can come with fines of up to 200,000 Hungarian forints (€481).

  • tal@lemmy.todayEnglish
    191·
    15 days ago

    https://en.wikipedia.org/wiki/Charter_of_Fundamental_Rights_of_the_European_Union

    Charter of Fundamental Rights of the European Union

    https://fra.europa.eu/en/eu-charter/article/11-freedom-expression-and-information

    1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.

    I know that this isn’t identical to the First Amendment in the US. It doesn’t explicitly prohibit laws against assembling, for one:

    https://en.wikipedia.org/wiki/First_Amendment_to_the_United_States_Constitution

    Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

    And legal interpretations from cases won’t be the same. But there’s gotta be at least some argument that this runs afoul of the EU treaties and should be challenged under those.

    The European Convention on Human Rights does explicitly prohibit restrictions on assembly, but it also explicitly has an exception if it’s to protect morals, which I assume is the grounds under which Hungary is acting in banning LGBTQ+ groups assembling:

    https://en.wikipedia.org/wiki/Article_11_of_the_European_Convention_on_Human_Rights

    1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.

    2. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State.

    • huppakee@lemm.eeOPEnglish
      11·
      15 days ago

      Thanks for the extensive comment, but unfortunately the EU can’t take Hungary to court. They also ignored the ICC order to arrest Netanyahu. I know I sound very cynical by quoting this, but it seems a very true to me (and Orban) right now.

      Laws without enforced consequences are merely suggestions.