著者

伊藤 知義

出版者

中央ロー・ジャーナル編集委員会

雑誌

中央ロー・ジャーナル = Chuo Law Journal (ISSN:13496239)

巻号頁・発行日

vol.18, no.4, pp.47-78, 2022-03-31

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The paper analyzes three recent "Anti LGBT Laws" in Hungary. lt focuses on their contents and the domestic reaction to harsh critiques by the EU headquarters in Brussels. Tue first statute makes it impossible for transgender or intersex people to legally change genders. The second item is the ninth amendment to the Constitution. lt says, "The mother is a woman, the father a man," thus effectively banning same-sex couples from adopting children. lt further declares that the state protects identification according to a child' s gender at birth. The third law imposes stricter actions against pedophile offenders and amends eleven child protection laws. Tue additions prohibit adults from facilitating access to pornography by people under the age of 18. They also prohibit adults from promoting or displaying (visualizing) deviations from the identity of the sex of birth, gender-change, and homosexuality to those under 18. The European Commission has condemned the laws as "anti-LGBT or homophobic" impairments of the fundamental human rights of LGBT people. The Hungarian government on the other hand describes them as "anti-pedophilia" or "child protection statutes that have no relation to the rights of adult LGBT people. Liberal segments of Hungarian society have echoed the Commission's criticisms. Conservatives have responded by branding Brussels as an arrogant colonialist infringing Hungarian sovereignty. They make the following arguments: The acts conform with the EU Charter of Fundamental Rights; LGBT people are not discriminated against in present-day Hungary; the essence of the laws is curbing pedophiliac actions; promotion of homosexuality is harming children; LGBT activists are not protecting minorities but rather attacking the majority. Hungarian Prime Minister Viktor Orban and his allies claim that Western Europe has abandoned real "European Values," which they say are based on Christianity and family. They contend that only Central and Eastern Europe maintain those values now. These two elements, they insist are among the basic values in the Hungarian Constitution of 2011, which they were responsible for creating.