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Europe Daily Bulletin No. 12767
FUNDAMENTAL RIGHTS - SOCIETAL ISSUES / Fundamental rights

Viktor Orbán announces referendum on Hungarian discriminatory law condemned by EU

Hungarian Prime Minister Viktor Orbán announced on Wednesday 21 July that his government would hold a referendum on the law that came into force at the beginning of July in Hungary (see EUROPE 12748/1): on the grounds of combating paedophilia, it bans the portrayal of homosexuality and trans-identity in schools, the media and public service advertisements for those under the age of 18.

This announcement comes a few days after the European Commission, which considers this law to be discriminatory towards LGBTIQ+ people (see EUROPE 12747/7), launched an infringement proceeding against Hungary on this very issue (see EUROPE 12748/1).

Brussels has clearly attacked Hungary in recent weeks”, was the accusation levied by the Hungarian Prime Minister in a video posted on his social networks.

He said that five questions would be asked in the referendum. Hungarians would have to indicate whether or not they are in favour of: - the giving, in public educational establishments, of “presentations to introduce minors to subjects of sexual orientation without the authorisation of parents”; - the “promotion” of sex change treatments to minors; - that such treatments be made available to minors; - to allow minors to view, without any restriction, “media content of a sexual nature that is capable of influencing their development”; - the presentation to minors of media content “that demonstrates gender reassignment”.

I ask that we say no to these issues together, as we said no 5 years ago when Brussels wanted to force Hungary to accept migrants. At that time, a referendum and the common will of the people stopped Brussels”, the Prime Minister insisted.

When asked for a reaction to these statements on Thursday 22 July, the European Commission’s deputy spokesperson, Dana Spinant, said that the Commission would not “ play this kind of game” and recalled that the Commission had already expressed its “political and legal” views on this law on several occasions (see EUROPE 12747/7).

Now we wait for the Hungarian government to answer to our concerns”, she said in the letter of formal notice sent to Budapest last week. “We can not comment - and it wouldn’t be proper for us to do so - on what tools a government uses in relation to its own law making which can include popular consultation or referendum”, she added. (Original version in French by Agathe Cherki)

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