Hungary's crackdown on LGBTQ+ content violates human rights, says EU's top court
A Hungarian law banning content about LGBTQ+ people from schools and primetime TV has been found to violate basic human rights and freedom of expression by a senior legal scholar at the European court of justice.
The non-binding opinion from the court's advocate-general, Tamara Ćapeta, issued on Thursday, represents a comprehensive demolition of the arguments made by the Hungarian government defending its so-called childprotection law, passed in 2021.
The legislation, which has been likened to Russia's infamous 'gay propaganda law', means that gay and transgender people or themes cannot feature in school educational material or any TV show, film or advert shown before 10pm.
In a resounding opinion, Ćapeta wrote that the law was not based on any scientific proof but a value judgment or – backing a position presented by the European parliament to the court – 'a prejudice that homosexual and non-cisgender [transgender] life is not of equal value or status as heterosexual and cisgender life'.
Far from protecting children from harm, she concluded, the legislation 'expands such harm'.
In her 69-page opinion she wrote: 'The stigmatising effects of the Hungarian legislation, which creates a climate of hostility towards LGBTI persons, may affect the feelings of identity, self-esteem and self-confidence of LGBTI persons.
'Minors who belong to the LGBTI community are especially affected, as the removal of information about LGBTI lives from the public sphere prevents them from realising that their life is not abnormal.'
'It also affects their acceptance by their peers, in school or other environments and thus affects their right to a 'private social life' as well. Therefore, rather than protecting minors from harm, the contested legislation expands such harm.'
She concluded that Hungary had violated fundamental rights of human dignity, respect for family life and non-discrimination under the EU treaty and charter of fundamental rights.
Ćapeta supported arguments that the law also breached EU commerce and audiovisual laws that prevent governments from imposing restrictions on media companies without a well-founded public interest.
The opinion does not bind the court but ECJ judges follow the advocate general in most cases.
The Hungarian government has been contacted for comment.
Sign up to Headlines Europe
A digest of the morning's main headlines from the Europe edition emailed direct to you every week day
after newsletter promotion
The European Commission began legal proceedings against Hungary in 2021 after the law was passed. The provisions against LGBTQ+ content were seen as especially stigmatising because they were part of a child protection law targeting child abusers.
The opinion comes as Hungary continues its crackdown on LGBTQ+ rights. Lawmakers in April passed a constitutional amendment that codifies a ban on Pride events and allows authorities to use facial recognition technology to track attenders so they can be fined.
Last month 17 EU member states, including France and Germany, signed a letter organised by the Dutch government condemning Hungary's anti-LGBTIQ+ legislation and urging Budapest to revise these measures.
Many of those member states, 16, as well as the European parliament, joined the European Commission's case against Hungary on the law banning LGBTQ+ content.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Telegraph
39 minutes ago
- Telegraph
Spain could block Gibraltar's removal from EU money laundering list
Spanish conservatives are seeking to stop Gibraltar being removed from an EU list of jurisdictions with lax money laundering and terror financing controls. The centre-Right People's Party (PP) believes keeping the British Overseas Territory on the list is vital to maintaining pressure in negotiations over its future. The populist Vox party will also join an attempt to block Gibraltar's removal because of the party's long-standing support for Spain's sovereignty claim over the Rock, which was ceded by the Spanish king to Britain in 1713. A Vox source told The Telegraph: 'We will, of course, maintain the same position we have consistently held on Gibraltar in every vote. In our view, Gibraltar is a territory unlawfully colonised by the United Kingdom and does not meet the necessary conditions. 'Therefore, we firmly reject any proposal to remove it from the list of territories concerning capital movements.' Inclusion on the EU's 'grey list' comes as a reputational blow and introduces red tape that makes it less appealing to do business with. Gibraltar is on the list with countries including Afghanistan, Burkina Faso, Iran, North Korea and Yemen. The European Commission has proposed removing the Rock, but requires a majority vote in the European Parliament to confirm the decision. Eurocrats failed in a previous attempt to tweak the list, with conservative and socialist politicians forming an unlikely alliance to quash the move. Earlier this year, Right-wing MEPs voted against the changes because of Gibraltar's proposed removal, while their Left-wing counterparts opposed it because of a recommendation to remove the United Arab Emirates. The People's Party urged the Spanish government to intervene to prevent Gibraltar being removed from the EU list in January. It said that the Rock 'continues to be a territory that is too lax with respect to its commitments to combat money laundering and terrorist financing'. The PP also argued that under no circumstances should Gibraltar be removed before a deal was struck between Brussels and the UK on the post-Brexit relationship with the Rock. Its politicians are the second-largest national delegation in the centre-Right European People's Party (EPP) and hold powerful influence over the direction of its voting strategies. 'Sufficiently comprehensive' efforts Commission officials believe that the Spanish opposition could be overcome with a recommendation to add Russia to the list of countries. They have previously said Gibraltar's efforts to counter illicit finance and money laundering are 'sufficiently comprehensive' in order to be removed from the list. The Rock was originally included on the grey list because of concerns over regulations for its gambling industry. It was added in 2023, as negotiations between the UK, Spain and the EU were carried out over the territory's post-Brexit future. The talks have repeatedly stalled over sensitive sovereignty issues, including Madrid's wish for Spanish border police to operate security checks at Gibraltar's airport and seaport. There is strong support for Ukraine among the EU parliament's EPP, and vetoing the changes to the list because of the British overseas territory could become controversial amongst its politicians from other states. 'There is huge support for putting Russia on the list,' Markus Ferber, of the EPP, told the Financial Times. The commission's final list of recommendations is expected to be published next week, after a planned announcement was put on hold at the last minute this week. Moscow was originally listed in 2000 but taken off two years later after fulfilling a number of criteria set to reassure the EU.
The Independent
an hour ago
- The Independent
There's much more to Zia Yusuf's dramatic resignation from Reform than a row over the burqa
Zia Yusuf 's departure had more to do with his failure to persuade donors to part with cash than a row over Reform's attitude to the burqa, insiders have told The Independent. But more than that, it was the now- former chairman 's inability to work with people and get on with them that was at the heart of his sudden announcement on Thursday, it has been claimed. It came after he described Reform's new MP Sarah Pochin as 'dumb' after she asked a question about banning the burqa during Prime Minister's Questions. But in reality, there were many more problems building. The Independent has contacted Mr Yusuf for his version of events and has not received a response. But his critics have not waited long to get their joy over his departure out and give their account of why he was ousted. 'The trouble is that while Zia was a very hard worker, he was a bit of a kn**,' said one associate of Nigel Farage. 'He just could not get on with people or work with people. But the much bigger problem was that donors did not want to hand over their money to the party after they spoke to him.' Mr Yusuf had, along with former Tory donor Nick Candy, been responsible for pitching to wealthy potential backers to fund Reform's push for power. 'There's a lot of money there to be released, but Zia wasn't getting it.' Even with the party's charge in the polls and a growing lead over Labour, with the Tories collapsing for various reasons, many donors were still sitting on their hands and not won over by the Yusuf/Candy charm offensive. Although in Mr Yusuf's case it was 'more of a lack of charm and pretty offensive', an insider claimed. For Mr Farage to fulfil his dream of getting to 10 Downing Street by 2029, reform needs cash to fund its push for power. But even the Tories - in complete crisis under Kemi Badenoch's leadership and with dwindling support - have been beating Reform with donations. But it was not just the failure to win the hearts and minds of millionaires and billionaires that was troubling senior figures in Reform. Several party figures have claimed that the 'writing was on the wall for Zia since March' when the fallout with Great Yarmouth MP Rupert Lowe almost derailed their local election campaign. Mr Lowe blames Farage equally for what happened and has confirmed that he will not be seeking to rejoin Reform, after he was ousted over claims he harassed two women and Mr Yusuf reported him to the police for allegedly threatening him with violence. Police later dropped the case, and no charges were brought against Mr Lowe. This had already been a problem with him previously throwing members out en masse in various new branches for minor infractions of party (or his) rules or not taking instructions from the centre. Supporters of Mr Yusuf, who included Nigel Farage until this week, at least publicly, pointed out he was there to professionalise the party and to ensure that the problem of rogue candidates with appalling views that had dogged Ukip and the Brexit Party did not continue to be a problem for Reform. It is also true that he had been subject to an incredible amount of abuse from former and current supporters of Reform, much of it Islamophobic. The final meltdown over Ms Pochin's question to Sir Keir Starmer on banning the burqa is thought to have been the last straw for Mr Yusuf, dealing with what is increasingly becoming an anti-Muslim party in its membership, if not leadership. Mr Lowe was not the only previously loyal foot soldier ousted. Some, such as ex-deputy leader Ben Habib and former London mayoral candidate Howard Cox, are highly unlikely to come back. Others. including former director of communications, Gawain Towler, will be welcomed back. Mr Towler, an effective communicator and long-term part of the Farage cause, was sacked by Mr Yusuf when the Reform leader was out of the country. He was also banned from Reform HQ despite being a loyal party member. Apparently, that ban has now been lifted and Mr Towler is expected to return, possibly on the board representing members. Perhaps the biggest issue for those now feeling they can vent their anger about him was Mr Yusuf's inability to build loyalty with party staff and volunteers. One insider noted: 'Perhaps now we can have a culture where we can learn from our mistakes.' Another joked: 'Champagne corks were popping in misery at the announcement.' Mr Yusuf had some powerful opponents within the party lined up against him as well, even with Farage's continued public support. This included Raheem Kassam, a former Farage aide now a key figure in the MAGA movement in the US, who is very close to the Donald Trump camp. Mr Kassam told The Independent back in March that Mr Yusuf would be forced out. Yesterday, he said: 'I said months ago something like this would happen because in such a new party with many competing personalities and priorities, being chairman or even leader is an almost thankless and gargantuan task. Pressure getting the better of Zia Yusuf should make people even more appreciative of Nigel Farage's personal indefatigability.' Another long-term ally and fellow 'Brexit bad boy', the businessman Arron Banks, was not a fan either. Mr Banks, who came to prominence as founder of the pro-Brexit site was already moving in on the Reform DOGE project which Mr Yusuf had wanted for himself and is now one of the frontrunners to be the next chairman. He posted on X/ Twitter: 'Astonishing that everyone thinks they are responsible for the meteoric Reform rise, as the old saying goes, success has many fathers and failure an orphan. Zia worked very hard but struggled with relationships and people. The corks will be popping in party HQ this evening. Reform will power on.' The issue now is who should replace Mr Yusuf. One Farage ally said: 'It needs to be a diplomat, not somebody like Zia who wanted to be front and centre all the time. It needs to be someone who can talk to the members, persuade people to give money to the cause and work behind the scenes. You need a backroom man and you can't have two Caesars.' The feeling, though, is that it also needs to be someone with their own funds and good business connections. Another supporter said: 'Nigel needs someone who can give money but also raise money. That's going to be the most important job going forward if Reform is to succeed.'
The Independent
an hour ago
- The Independent
Death, violence and endless delay: Inside Africa's most troubled energy project
Campaigners have demanded the UK government pull its funding for a natural gas mega project in Mozambique – alleging that it breaches Britain's human rights and environmental obligations. The project in question is a $20 billion (£15bn) liquified natural gas (LNG) development located in the Cabo Delgado region of Mozambique. The project, called Mozambique LNG, has been halted since 2021 after violence from an Isis-backed group led to 183 contractors being trapped in a hotel for two days, with 10 people killed when apparently trying to escape, including British national Philip Mawer. In all, the ongoing insurgency in the area has resulted in an estimated 6,000 deaths since the conflict began in 2017, with some 600,000 people displaced. In a letter seen by The Independent, campaign group Oil Change International (OCI) argues that the violence and other issues over the protection of the project makes a potential $1.15bn investment by UK Export Finance, a department of the UK government untenable. Continuing to finance the project is also not compatible with environmental commitments made in 2021 to no longer finance fossil fuels abroad, OCI argues. A tale of violence, delay and legal action was never meant to be the story of Mozambique's foray into natural gas, after some 180 trillion cubic feet of gas was discovered off the country's coast in 2010. In 2016, the International Monetary Fund (IMF) projected 34 per cent GDP growth for Mozambique by 2021. However, actual economic growth was around 2.5 per cent. TotalEnergies, the French energy firm, is currently in the process of trying to re-start the project by the middle of this year. 'The security situation has improved," CEO Patrick Pouyanne told Reuters on the sidelines of the World Gas conference earlier this month. Pouyanne's ambitions received a big boost in March when the US Export-Import Bank re-approved financial support worth $4.7bn for the project, boosting TotalEnergies' hopes of restarting the project. But the future of Mozambique LNG remains up in the air, with the British export credit agency still considering whether to recommit to its $1.15bn pledge – having joining with 33 countries, including the US, to sign a pledge to end public finance for fossil fuel projects abroad while hosting the COP26 climate summit in Glasgow in 2021. According to OCI campaigner Adam McGibbon, if the UK pulls out of the deal then the entire financial arrangement is expected to collapse. 'We know of at least one major bank involved in the deal that has said they will also pull out if the UK does,' he says. The legal letter sent by OCI argues that the funding of the LNG project in Mozambique goes against the UK's obligations under international law to promote human rights in business both domestically and abroad. The letter highlights the UN's Guiding Principles on Business and Human Rights, which state that companies and nations must ensure that human rights are respected in relation to business operations. A UK Export Finance spokesperson said: 'UK Export Finance is currently in talks with project sponsors and other lenders regarding the latest status of the LNG production project in Mozambique. 'We take reports of alleged human rights infringement extremely seriously and are looking further into the matters.' 'The Qatar of Africa' Observers at the time the gas was discovered off the coast of Mozambique suggested that the country – one of the world's poorest – could transform into the 'Qatar of Africa'. A number of massive projects aiming to ship the gas around the world in the form of LNG were soon proposed. TotalEnergies' Mozambique LNG project stands out for its sheer size, with the $20bn in financing a figure roughly the same size as Mozambique's entire GDP. The 65 trillion cubic feet of gas it was expected to deliver is the equivalent of six years of current EU gas demand. But in March 2021, the 'force majeure' declaration was made, which enables parties to renege on an agreement due to unforeseen external circumstances. It came after Islamist insurgents captured swathes of territory in the Cabo Delgado region, and at least 1,400 people were left killed or missing presumed dead. Earlier this year French authorities began investigating TotalEnergies over potential corporate manslaughter, after survivors and relatives of victims of the event accused the energy giant of failing to protect its workers. In a statement shared with The Independent, a spokesperson for TotalEnergies said that they will ' cooperate with this investigation', but that 'the company categorically rejects' the accusations. 'Mozambique LNG's teams provided emergency assistance and mobilised their resources to evacuate more than 2,500 people (civilians, employees, contractors, and subcontractors) from the site where the Mozambique LNG project is located at the time of the attacks,' the spokesperson said. But some say the need to resettle people so that the land can used for the project has aided recruitment for the insurgents. 'The local population is being deprived of jobs, in a scenario where pressure on land is increasing, where people are losing access to land, losing access to natural resources,' wrote local analyst Joao Feijo earlier this year. 'The discontent that is created here is very great and this kind of discontent is capitalised on by these violent groups. Many individuals joined this group because they had no other alternative,' he added. Signs of discontent can be found in villagers claiming that they have not been sufficiently compensated for giving up land that most rely on for subsistence farming, according to evidence collected by local NGO Justica Ambiental, after Mozambique LNG was given rights to 6,625 hectares of land to build its liquefaction terminal. 'We agreed that the company would take our areas, but when they took our areas – the forests and fields – and they didn't want to pay us, they denied it,' said Neto Agostino Paulo resident of Macala Village, in footage captured by Justica Ambiental in summer 2024. Fellow Macala villager Adija Momade Sumail Nkabwi said: 'The company came here to lie to us that they were going to compensate us for our property that they had occupied, leaving us with false expectations'. The spokesperson for TotalEnergies told The Independent that prior to the force majeure announcement, 89 per cent of compensation payments had been paid within six months of the signing of compensation agreements, and 66 per cent were paid within 90 days. 'The Force Majeure situation has prevented the full implementation of the relocation and compensation process and has slowed down the exercise,' they said. 'Drill baby, drill' For OCI's Adam McGibbon, the violence and displacement witnessed in Cabo Delgado is a 'classic example of the resource curse': The phenomenon where resource-rich countries with abundant natural resources ironically end up with a multitude of problems. Nigeria and Angola – both oil-rich countries plagued by corruption and inequality – are oft-cited examples of countries to have suffered this fate in Africa. At the same time, it has also been said that given the low living standards of countries like Mozambique, any opportunity to bring in billions of dollars of foreign investment is a good thing. Some, like former Irish President Mary Robinson, have argued that African nations should be allowed to extract natural gas to develop. But there are growing concerns that the economic benefits originally conceived in Mozambique LNG might not ever materialise, even if the project goes ahead as planned. For all the talk of ' Drill baby, drill ' coming from Donald Trump in the White House right now, the prospects of a major new LNG production terminal are much weaker than in 2020. Since Russia invaded Ukraine in 2022, and subsequently shut off pipeline gas flows to Europe, planned new LNG facilities in the US and Qatar have driven up projections of global LNG capacity. An increase of nearly 50 per cent is currently on the horizon, according to the International Energy Agency (IEA). This ' LNG glut ', as the IEA describes it, is exacerbated by renewables continually beating targets in Europe and Asia, as well as a global push for 'energy security' that did not exist in 2020, and which is making governments less inclined to rely on expensive liquefied gas imports for energy. 'If and when TotalEnergies' Mozambique LNG project gets off the ground, it will be adding further supply into a market characterised by oversupply and lacklustre demand,' says Simon Nicholas, from IEEFA, a think tank. 'This can hardly be a surprise: There is a long history in Sub-Saharan Africa of fossil fuel projects doing nothing to boost development in the host country.' If global gas markets are oversupplied, there is a risk that Mozambique LNG will become a 'stranded asset', which will plummet in value – or even become a liability for Mozambique. Even a 'moderate-paced transition' away from fossil fuels globally would lead to Mozambique seeing gas revenues of just 20 per cent of what they would be in a slow-paced transition, a report from the think tank Carbon Tracker has found. The authors described countries looking to exploit oil and gas assets for the first time as making a 'significant gamble'. 'Huge economic costs' TotalEnergies has also structured its LNG deals in a way that activists have warned is disadvantageous to Mozambique, with revenues Mozambique set to come in the mid-2030s and 2040s, think tank IISD has said. This means that if the project does not see out its lifespan, TotalEnergies and other partners will have seen an outsize share of profits so far, with Mozambique losing out. Mozambique also faces 'substantial economic risks' related to investor-state dispute settlements (ISDS), a separate report from Columbia University found last year. ISDS are lawsuits where foreign investors sue countries where they have invested if they believe the government has violated the terms of the agreement. Mozambique's international investment agreements allow foreign investors to bypass the national judicial system in such disputes, the report found, while 'stabilisation clauses' protect investments from unexpected regulatory changes or new fiscal rules, potentially preventing Mozambique enacting new legislation to transition away from fossil fuels. 'What they have basically done is said Mozambique cannot invest in climate action without paying huge economic costs,' says Daniel Ribeiro, a Mozambican activist with Justica Ambiental. Such an arrangement is likely to 'only amplify social tensions in Cabo Delgado,' if little money is seen to reach local people while a Western company makes large profits, warns Ribeiro. Given the insurgency, delays, and economic concerns, it might seem the simplest thing for Mozambique to do would be to try and pull out of the deal. However, the country has racked up government debts since gas was discovered, using expected future gas revenues as collateral for borrowing. But expectations have not matched reality. The year 2016 also saw a corruption scandal rock the country after it was found that members of the Mozambican Government had secretly taken out loans for themselves from London-based banks, using assurances of future LNG gas revenues to do so. A 2023 report from Debt Justice found that the Mozambican government has been paying back some of those loans. Mozambique's external national debt more than doubled between 2010 and 2018, according to CEICC data, while Friends of the Earth has warned that potential corruption arising from the 'mere promises of LNG development' may have already cost the country more than any actual profit the project could generate for the country over its lifetime. For Ribeiro, who lives in the Mozambican capital of Maputo, the priority for the country should be investing in renewables and climate change adaptation. 'My main message is that the cost of climate change is going to be far greater than any profits from Mozambique LNG, and that should be the priority,' he says. The country is considered one of the most climate-vulnerable on the continent, exposed to extreme weather concerns including cyclones, droughts and floods. Cyclone Kenneth, which hit Cabo Delgado in 2019, caused damage estimated at $300m. But the Trump administration has a different idea about what is good for the country. Weeks before confirming its $4.7bn loan for Mozambique LNG, the US government shut down the USAID-backed Power Africa programme's operations in the country – with an emphasis on renewable energy – which has been leading efforts to boost energy access, in a country where only 40 per cent of the country's population has access to electricity. 'Cycle of death' The push to resume the Mozambique LNG project also comes despite the fact that the Islamist insurgency very much remains a threat. While insurgents no longer control full towns and villages, they have become more agile, and have stepped up the number of road blocks in recent weeks, according to local media. 'There are still believed to be several insurgency units of hundred or so people, and they still have the ability to make attacks and destabilise the area,' says Ribeiro. 'And every time they suffer losses, they continue to be able to recruit. Why? Because we are still not dealing with the economic and social drivers of the problem,' he adds. The EU is currently funding Rwandan troops to help protect the region - but this arrangement is also under threat due to accusations Rwanda has been supporting rebels in the Democratic Republic of Congo, as well as allegations that the Mozambican government is using units trained by the EU for protest suppression. For Marisa Lourenço, an independent risk analyst in Southern Africa, the threat of violence is 'definitely still there' in Cabo Delgado. She believes that while TotalEnergies will be able to securely lock down its site on the coast, it remains unclear if doing so is worth the money. 'TotalEnergies can secure the site. But is the infrastructure cost worth it? Will it recoup its sunken costs? Probably not. TotalEnergies rushed into taking on this project, and I think it regrets it,' she believe. For Mozambique, meanwhile, it remains clear for Ribeiro that the best option is for the country to pull out of the project. 'Pulling out will cause a whole host of problems in the short term, but it will help us emerge from this cycle of death,' he says. So long as the project continues, the Western world can turn a blind eye to what is happening in Mozambique, by imagining that it is financially supporting the country, believes Ribeiro. But if the project fails, then the country can focus on other development pathways that actually benefit the people. 'It's like a chronic condition that keeps flaring up, for which there is no cure' he says. 'Sometimes you just need to take the bullet.'
