Issue is 2021 law “against promotion of homosexuality to persons under 18 years of age”
Portugal has decided to join the European Commission in a lawsuit brought by the European Union executive against Hungary for alleged violation of the fundamental values of the bloc.
The upset is over a law passed in the summer of 2021 banning “the promotion” of homosexuality to persons under 18 years of age”.
The legislation was seen in a much wider context, and deemed to be “discriminatory against the LGBT+ community”, explains Lusa.
Today, a government source in Lisbon has confirmed that Portugal has decided to join the commission as party to the case and will “in the coming days” send its reasoned opinion to the Court of Justice of the EU supporting concerns raised by Brussels.
“In its submission to the court, the European Commission accuses Hungary of, violating directives on e-commerce, services in the internal market, audiovisual media services, the EU Charter of Fundamental Rights, as well as Article 2 of the Treaty on European Union, with this law which concerns respect for human rights and non-discrimination”.
The same source in Lisbon has told Lusa Portugal’s government decided to join the case on the grounds of alleged violations of the European Charter of Fundamental Rights and of Article 2 of the Treaty on European Union.
This is the first time that a case has been brought against a member state for suspected breaches of the article of the treaties that stipulate respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities.
To be fair, Hungary’s parliament voted essentially to ban the promotion of homosexuality to persons under 18 years of age with regard to a schoolroom setting. It was conceived, according to Wikipedia, to take “more severe action against pedophile offenders” and amend certain Acts for the protection of children. Yet, it swiftly became mentioned in “English language media as Hungary’s anti-LGBT law”.
The law referred to “protecting public morals and the mental health of young people”, describing non heterosexual practices as ‘sexual deviancy. This is what greatly upset left wing parties/ human rights defenders in the west of Europe and the United States. As Wikipedia explains, “most Eastern European EU countries did not take a public stance, apart from Poland, which supported the Hungarian position”.
Thus the call to urge the European Commission to “use all the instruments at its disposal to ensure full respect of European law” came from only 13 Member States.
European Commission president Ursula von der Leyen has labelled the legislation “a disgrace”.
Portugal was not among the original 13 signatories of the EU’s initial call in July 2021 on Hungary to change its stance as the country held the rotating Council of Europe presidency at the time and had a “duty of neutrality”.
Since the commission opened infringement proceedings, Belgium and Luxembourg have decided to become parties to the case, and “several non-governmental organisations that support the rights of the LGBT+ community have called on EU member states to join the commission’s action”, says Lusa.
Source material: LUSA