EU founding values: Commission starts legal action against Hungary and Poland for violations of fundamental rights of LGBTIQ people

(Credit: Unsplash)

This article is brought to you in association with the European Commission.


“Europe will never allow parts of our society to be stigmatised: be it because of whom they love, because of their age, their ethnicity, their political opinions, or their religious beliefs.”

President Ursula von der Leyen, (European Parliament, 7 July 2021)

Equality and the respect for dignity and human rights are core values of the EU, enshrined in Article 2 of the Treaty of the European Union. The Commission will use all the instruments at its disposal to defend these values.

The Commission is launching infringement procedures against Hungary and Poland related to the equality and the protection of fundamental rights.

On Hungary, the cases include the recently adopted law, which in particular prohibits or limits access to content that promotes or portrays the so-called ‘divergence from self-identity corresponding to sex at birth, sex change or homosexuality’ for individuals under 18; and a disclaimer imposed on a children’s book with LGBTIQ content.

In relation to Poland, the Commission considers that Polish authorities failed to fully and appropriately respond to its inquiry regarding the nature and impact of the so-called ‘LGBT-ideology free zones’ resolutions adopted by several Polish regions and municipalities.  

The two Member States now have two months to respond to the arguments put forward by the Commission. Otherwise, the Commission may decide to send them a reasoned opinion and in a further step refer them to the Court of Justice of the European Union.

Hungary: Banning LGBTIQ content and book disclaimer

Access to content that portrays homosexuality for individuals under 18

On 23 June 2021, Hungary published a law that lays down a number of restrictive and discriminatory measures; in particular, it prohibits or limits access to content that propagates or portrays the so-called ‘divergence from self-identity corresponding to sex at birth, sex change or homosexuality’ for individuals under 18. The protection of minor is a legitimate public interest which the EU shares and pursues. However, in this case Hungary has failed to explain why the exposure of children to LGBTIQ content as such would be detrimental to their well-being or not in line with the best interests of the child The Commission has thus decided to send Hungary a letter of formal notice because it considers that the law violates a number of EU rules. First, the Audiovisual Media Services Directive (AVMSD) has been breached as regards standards for audio-visual content and the free provision of cross-border audiovisual media services, as Hungary put in place unjustified restrictions that discriminate against people based on their sexual orientation and are moreover disproportionate. Second, some of the contested provisions infringe the e-commerce Directive (namely the country of origin principle). The law prohibits the provision of services displaying content showing different sexual orientations to minors, even if these services originate from other Member States. Third, Hungary failed to justify the restricting of cross-border information society services. Fourth, Hungary failed to notify in advance to the Commission some of the contested provisions despite the obligation to do so laid down in the Single Market Transparency Directive. Fifth, the Commission considers that Hungary has violated the Treaty principles of the freedom to provide services (Article 56 TFEU) and the free movement of goods (Article 34 TFEU), by failing to demonstrate that the restrictions are duly justified, non-discriminatory, and proportionate. Sixth, the right to data protection laid down in the GDPR and Art. 8 Charter are violated by some of the contested provisions. Finally, the Commission believes that in these fields falling into the area of application of EU law, the Hungarian provisions also violate human dignity, freedom of expression and information, the right to respect of private life as well as the right to non-discrimination as enshrined respectively in Articles 1, 7, 11 and 21 of the EU Charter of Fundamental Rights. Because of the gravity of these violations, the contested provisions also violate the values laid down in Article 2 TEU.

Disclaimer on children book with LGBTIQ content

On 19 January 2021, the Hungarian Consumer Protection Authority obliged the publisher of a book for children presenting LGBTIQ people to include a disclaimer that the book depicts forms of ‘behaviour deviating from traditional gender roles’. This equates to restricting the right to freedom of expression and the right to non-discrimination as enshrined in Articles 11 and 21 of the EU Charter of Fundamental Rights and breaches the Unfair Commercial Practices Directive. The Commission has decided to send Hungary a letter of formal notice because it considers that by imposing an obligation to provide information concerning a divergence from ‘traditional gender roles’, Hungary restricts the freedom of expression of authors and book publishers, and discriminates on grounds of sexual orientation in an unjustified way. In particular, Hungary failed to justify the restriction of these fundamental rights, nor has it provided any justification as to why exposure of children to LGBTIQ content would be detrimental to their well-being or not in line with the best interests of the child.

Poland: ‘LGBT-ideology free zones’

From 2019, several Polish municipalities and regions adopted resolutions on the creation of so-called ‘LGBT-ideology free zones’. The Commission is concerned that these declarations may violate EU law regarding non-discrimination on the grounds of sexual orientation. It is therefore necessary to carry out a detailed analysis of the compatibility of the resolutions with EU law. In order to complete this assessment, the Commission needs adequate and comprehensive information from the Polish authorities. Despite a clear call by the Commission in February, to date Polish authorities have failed to provide the requested information, manifestly omitting to answer most of the Commission’s requests. Poland is thus hampering the Commission’s ability to exercise its powers vested under the Treaties and failing to comply with the principle of sincere cooperation under Article 4(3) TEU, which requires Member States to provide genuine cooperation to the Union’s institutions. Therefore, the Commission has decided to send a letter of formal notice to Poland for its lack of cooperation.

Background

Equality and non-discrimination are core principles in the EU, enshrined in its Treaties and in the Charter of Fundamental Rights. In recent decades, legislative developments, case law and policy initiatives have improved many people’s lives and helped us build more equal and welcoming societies, including for LGBTIQ people. Still, discrimination against LGBTIQ people persists throughout the EU, which is why the EU has to be at the forefront of efforts to better protect LGBTIQ people’s rights.

On 12 November, the Commission presented the first-ever EU Strategy for lesbian, gay, bisexual, trans, non-binary, intersex and queer (LGBTIQ) equality, as announced by President von der Leyen in her 2020 State of the Union Address. The Strategy sets out a series of targeted actions around four main pillars, focused on: tackling discrimination; ensuring safety; building inclusive societies; and leading the call for LGBTIQ equality around the world.


Discover more from The European Sting - Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology - europeansting.com

Subscribe to get the latest posts sent to your email.

Interesting reads

© UNICEF-SoP/Crickx People walk down a dusty road in the West Bank carrying belongings.

Israeli demolition in East Jerusalem displaces 69 Palestinians

This article is published in association with United Nations. Sixty-nine Palestinians – more than half of them children – were displaced on Tuesday after Israeli authorities green lit the demolition of their residential building in the At Tur area of East Jerusalem, the UN aid coordination office (OCHA) has reported. This is the highest number of […]
This article is published in association with United Nations.

‘The clock on AI regulation is ticking’, warns UN rights chief

This article is published in association with United Nations. The world is running out of time to put guardrails on artificial intelligence, UN High Commissioner for Human Rights Volker Türk warned Monday, as a “ruthless race” between companies and countries raises concerns about human safety and even humanity’s survival. Speaking in the UK at an AI […]
© UNOCHA/Alina Basiuk A school in Ukraine lies in ruins after being hit by a missile.

Ukraine war ‘a human rights catastrophe’ that must end, says Türk

This article is published in association with United Nations. Human Rights The war in Ukraine is a human rights catastrophe that is “growing and intensifying by the week” and threatening an even greater disaster across the region, UN High Commissioner for Human Rights Volker Türk said on Friday. Addressing the Human Rights Council in Geneva, Mr. […]
UN News Massive tent settlement of displaced residents extends along the damaged Gaza coastline.

Palestinians yearn for ‘a return to normal life’, says top Middle East peace envoy

This article is published in association with United Nations. The UN is continuing efforts to support Palestinians in Gaza amid major challenges to humanitarian access, reconstruction and the restoration of essential services, according to Ramiz Alakbarov, Acting UN Special Coordinator for the Middle East Peace Process. Speaking to UN News on the margins of the UN […]
©UNIFIL/Tilak Pokharel UNIFIL personnel distribute food kits to displaced families in Saida, Lebanon (file).

Lebanon: One in five children goes to bed hungry, says UNICEF

This article is published in association with United Nations. Four in five households in Lebanon struggle to afford basic necessities today, with children increasingly going without food, missing school and being pushed into work as conflict compounds years of economic crisis. “I wanted to buy clothes for my children, but I could not. I also wanted […]

World News in Brief: Deadly Myanmar strikes as Malaysia begins deportations, new emergency funding released, Gaza and West Bank update

The UN chief on Tuesday strongly condemned an airstrike that reportedly killed at least 50 people at a market in Myanmar’s Rakhine state and called for those responsible to be held to account. Forces from the military junta reportedly hit Kyauktaw township around midday on Monday, when the market’s more than 200 shops were busy […]
This article is published in association with European Investment Bank.

EU provides €61 million in humanitarian aid amidst rapidly deteriorating situation in Ethiopia

This article is brought to you in association with the European Commission. Amid fears of renewed conflict in Northern Ethiopia, the European Union is providing €61 million in humanitarian funding to help the most vulnerable people in Ethiopia affected by conflict, displacement, disease outbreaks and climate-related hazards, including the impact of El Niño. The European Union […]
© UNDP A worker installs solar panels in Lanao del Sur in the Philippines.

From energy crisis to energy transition: How renewables are reshaping energy security

This article is published in association with United Nations. The continuing conflict in the Middle East is disrupting global energy markets and pushing up fuel prices, with knock-on effects far beyond the region. For Francesco La Camera, Director-General of the International Renewable Energy Agency (IRENA), the crisis is also reshaping how the world understands the phrase […]
Countries adopted on Saturday a new global blueprint for tackling rapidly evolving forms of crime, as the UN’s largest gathering on crime prevention and criminal justice opened in Abu Dhabi with a call for stronger international cooperation. The Abu Dhabi Declaration was adopted by acclamation at the opening of the 15th United Nations Congress on Crime Prevention and Criminal Justice, bringing governments together around challenges ranging from cybercrime and fraud to the growing criminal exploitation of digital technology. The Declaration highlights an increasingly complex landscape in which services, infrastructure and technology can be exploited by criminals, including emerging trends described as “crime as a service” and “violence as a service”. At the same time, countries committed to making greater use of technology themselves, including by digitalizing justice systems and harnessing artificial intelligence in criminal justice responses. The Declaration stresses that safeguards must accompany those changes, including human oversight, transparency, due process and data protection. ‘Justice cannot be a privilege’ In a video message to the Congress, UN Deputy Secretary-General Amina Mohammed said the meeting was taking place at a time of profound change. “Justice cannot be a privilege. It must protect every person, uphold every person’s rights and leave no one behind,” said Ms. Mohamed. “This Congress is an opportunity to renew our shared commitment to justice and the rule of law, and to translate that commitment into action.” Countries are already being encouraged to put the Declaration into practice through the voluntary Pledge4Justice initiative, under which participating governments are announcing concrete, time-bound actions on crime prevention and criminal justice through 2031. The Abu Dhabi National Exhibition Centre with its curved glass tower and surrounding buildings reflected in calm water at dusk. UNODC The Abu Dhabi National Exhibition Centre where the 15th UN Crime Congress is set to take place. From Kyoto to Abu Dhabi Opening the Congress, UN Office on Drugs and Crime (UNODC) Executive Director Monica Juma framed the gathering as both a response to a changing criminal landscape and a test of international cooperation. “Today, the world convenes in Abu Dhabi to reaffirm that the rule of law and criminal justice are essential to the safety and security of people and the planet,” said Ms. Juma. “At a time when confidence in multilateralism is faltering, let Abu Dhabi be a testament to international cooperation.” Five years after the previous Congress in Kyoto, Japan, Ms. Juma said the world had reached another “inflection point”, with technology and artificial intelligence advancing at extraordinary speed. The same platforms connecting billions of people can also connect criminals, she warned, while digital currencies can conceal illicit profits and digital tools can be used to deceive, manipulate and exploit. Technology, she argued, is not simply accelerating crime but changing its character, while organized criminal networks increasingly exploit weaknesses across borders and institutions. Tweet URL Protecting people as the ‘north star’ Behind those broad trends, Ms. Juma urged delegates to focus on the people most exposed to harm, including children recruited by gangs, women facing violence at home or online, people unable to obtain legal assistance and young people lured into scam networks with promises of a better future. “Protecting these people must be the measure against which we judge our efforts over the coming week,” she said. “It must be our north star.” She called for laws and institutions capable of keeping pace with changing threats, greater access to justice and legal aid, and technology that serves as “a force for good” rather than an accelerator of harm. And while welcoming the Abu Dhabi Declaration as a starting point, Ms. Juma stressed that its impact would ultimately depend on implementation. A week focused on justice Hosted by the United Arab Emirates, the Congress runs through 1 October under the theme Protecting People and Planet in the Digital Age. Some 119 countries are represented, alongside more than 40 justice ministers and other senior officials, with over 5,100 participants from governments, civil society, academia and the private sector. Plenary meetings, workshops, side events and exhibitions will run throughout the session. Organizers are also billing this as the most youth-inclusive Crime Congress yet. Young people are participating in workshops, contributing to follow-up efforts and taking part in a dedicated Youth Lab and art exhibition, following a Youth Forum held ahead of the Congress on 24 and 25 September. UNODC serves as secretariat of the Congress and will support implementation of the Abu Dhabi Declaration.

Countries adopt global blueprint to tackle fast-evolving crime in digital age

This article is published in association with United Nations. Countries adopted on Saturday a new global blueprint for tackling rapidly evolving forms of crime, as the UN’s largest gathering on crime prevention and criminal justice opened in Abu Dhabi with a call for stronger international cooperation. The Abu Dhabi Declaration was adopted by acclamation at the […]
United Nations President Mahmoud Abbas of the State of Palestine addresses the General Debate of the UN General Assembly’s 81st session.

Palestinian existence under threat, Abbas tells UN, warning of ‘another Nakba’

This article is published in association with United Nations. Israeli policies now threaten “the very life and existence of the Palestinian people on their homeland”, Palestinian President Mahmoud Abbas told the UN General Assembly on Thursday, urging the world not to allow “another Nakba”.  Mr. Abbas addressed the Assembly’s annual debate via pre-recorded video after his […]
© UNICEF/Oleksii Filippov A rescue worker stands outside a residential building in Kyiv’s Solomianskyi district that was severely damaged during a massive overnight attack on the city.

World News in Brief: ‘New intensity’ to Russian attacks on Ukraine, Yemen, Gaza and Colombia updates

This article is published in association with United Nations. Russian armed forces have carried out repeated attacks across Ukraine over the past several days, killing and injuring civilians and damaging homes, hospitals, shops and workplaces, UN human rights monitors said on Thursday. The attacks have involved ballistic and cruise missiles, drones and guided aerial bombs. Between […]
UN Photo/Loey Felipe President Volodymyr Zelenskyy of Ukraine addresses the General Debate of the UN General Assembly’s 81st session.

Zelenskyy urges stronger pressure on Russia, warns war’s impact is spreading beyond Ukraine

This article is published in association with United Nations. Ukrainian President Volodymyr Zelenskyy on Wednesday called for intensified pressure on Russia to end its war against Ukraine, arguing that Moscow continues to incur massive losses while prolonging a conflict whose consequences are increasingly being felt far beyond the battlefield. Addressing the UN General Assembly’s annual debate, […]
UN Photo/Loey Felipe President Donald Trump of the United States addresses the General Debate of the UN General Assembly’s 81st session.

Trump defends military action against Iran, Venezuela, and calls for rebrand of AI

This article is published in association with United Nations. US President Donald Trump used his address to the UN General Assembly on Tuesday to defend recent military action against Iran, urging countries to maintain economic pressure on Tehran – and declaring that he now faces a choice between making a deal, or taking far more drastic […]
© UNICEF/Oleksii Filippov An injured girl climbs the partially collapsed stairwell of a building in Boryspil, Ukraine, following a missile strike.

‘Nowhere is safe’: UN experts detail Ukraine war’s toll and Russia’s reach beyond its borders

This article is published in association with United Nations. UN Human Rights Council-appointed experts on Monday laid out a grim picture of the human cost of Russia’s invasion of Ukraine, with a spotlight on civilians facing a third wartime winter as well as the intimidation of Russians who have fled abroad. The Independent International Commission of Inquiry […]
© UNICEF/Robic Upadhayay Aid workers transport supplies past a flood-damaged house in Nepal.

Nepal floods: ‘Apocalyptic’ destruction signals wider climate threat across Himalayas

This article is published in association with United Nations. The catastrophic flooding that swept away entire villages in northern Nepal could occur again in the country or elsewhere in the Himalayas due to climate change. The warning comes from Sara Netzer, regional director with UN field operations office UNOPS, which provides infrastructure, procurement and project management […]
This article is published in association with United Nations.

World News in Brief: Winter aid for Gaza, West Bank; Haiti food production; migrant deaths at sea; human rights funding

The UN Children’s Fund (UNICEF) is seeking to raise $97.5 million to protect 540,000 children and their families in Gaza and the West Bank from harsh winter conditions in the coming months. Nearly 84 per cent of Gaza’s population – more than 1.76 million people – live in overcrowded displacement sites or damaged shelters, leaving […]
© UNRWA Search-and-rescue operations continue following the collapse of a war-damaged building in Gaza city.

Gaza: At least 20 killed in deadly building collapse, search for survivors continues

This article is published in association with United Nations. Search and rescue operations continued in Gaza City on Wednesday following the collapse of a bombed-out building that killed at least 20 people, according to reports. The incident has highlighted the precarious situation of displaced Palestinians across the Gaza Strip who shelter wherever they can, including in […]
UN News/Nargiz Shekinskaya The UN HQ (Secretariat) building in Manhattan.

The world comes to New York: What’s at stake at UN General Assembly high-level week

This article is published in association with United Nations. Each September, New York becomes the centre of global diplomacy as presidents, prime ministers, ministers and diplomats from around the world gather at United Nations Headquarters. At a time of mounting geopolitical tensions and overlapping global crises, leaders will tackle a packed agenda that includes conflicts and […]

Six UN staff killed in Gaza school strike; Lebanon violations mount

This article is published in association with United Nations. Israeli strikes killed six UN workers and civilians at a school sheltering displaced families in Gaza as needs grow, according to the UN agency for Palestine refugees, UNRWA. At least 220 agency staff have been killed in Gaza since the Hamas-Israel war began in October 2023. UNRWA Acting […]

Why don't you drop your comment here?

Go back up

Discover more from The European Sting - Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology - europeansting.com

Subscribe now to keep reading and get access to the full archive.

Continue reading

Discover more from The European Sting - Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology - europeansting.com

Subscribe now to keep reading and get access to the full archive.

Continue reading

The European Sting – Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology – europeansting.com