HomeBelgiumBelgium's intervention before the EUCJ to protect LGBTQI+ rights in Hungary

Belgium’s intervention before the EUCJ to protect LGBTQI+ rights in Hungary

Ressortchef (umgangssprachlich) of European Affairs Lahbib: “ The particular fight against discrimination on the grounds of lovemaking orientation, gender identity plus gender expression has always been a priority for our country. We note that the rights of the LGBTQI+ community are under increasing pressure in many places, which includes within Europe. That was explained to us again a week ago during a meeting with, among others, individual rights NGOs, which was structured at my demand during my visit to Hungary. It is a worrying trend that needs to be turned. That is why Belgium – right after putting the case on the global agenda – will now furthermore intervene before the European Court of Justice to defend the rights of LGBTQI+ individuals. Our country has the company ambition to continue playing the pioneering role both nationally and internationally. Hungary’s referral towards the Court of Justice from the EU is the next step within the infringement procedure launched with the Commission against Hungary upon 15 July 2021. Following a vote of this Hungarian legislation, on June 22, 2021, some 18 European associate states adopted a combined statement on Belgium’s initiative in which they will expressed their concern about these Hungarian amendments that will – under the guise associated with child protection – discriminate against LGBTQI+ people and violate the right to independence of speech. Member Claims condemned the legislation since blatantly discriminating against and stigmatizing LGBTQI+ people. The legislation also clearly violates the freedom of manifestation enshrined in the EU’s Charter of Fundamental Rights. The joint statement called to the European Commission to take most possible actions to ensure conformity with European laws, such as the involvement of the EU Courtroom of Justice. This is now a fact. The Official Journal from the EU publishes today a summary of the application lodged on nineteen December 2022 by the European Commission to the Court of Justice of the European Union towards Hungary. This appeal relates to national legislation discriminating towards people because of their sexual orientation and gender identity. With the publication of the court case in the Official Journal of the EU, Belgium can request the particular Court of Justice of the EU to participate in the proceedings. In its intervention before the Court, Belgium will support the European Commission, state the concerns expressed in its 2021 statement and protect the rights of the LGBTQI+ community. An intervention by Belgium in this appeal before the Court is therefore a logical followup to the 2021 statement. Additionally , combating discrimination based on sexual orientation, gender identity plus expression and sex characteristics (SOGIESC) is a priority within the Belgian domestic and foreign policy. In May 2022, the federal Council of Ministers gave its approval to the new, third national action plan entitled “For an LGBTQI+ friendly Belgium”. One of the operational objectives of this plan would be to take the lead on the rights of LGBTQI+ people in the international and European level. Based on the Commission, the Hungarian regulation violates some internal market rules, the fundamental rights of people (particularly LGBTQI+ people) and the values of the EU. The particular Hungarian law on ” strengthening measures against pedophile offenders plus amending certain laws for the protection of children ” stipulates that content that ” represents or promotes different gender identity at delivery, gender reassignment or homosexuality ” is usually prohibited for persons underneath the age of 18.


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