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Parliament adopted the fifteenth amendment to Hungary’s Fundamental Law on Monday. Members of the Parliament approved the legislation with 140 votes in favor and 21 against.
The amendment, initiated by government MPs, confirms that a person’s sex is a biological endowment, which can be either male or female. It is the responsibility of the state to ensure the legal protection of this natural order and to prevent attempts to suggest that it is possible to change the sex of birth.
The fixity of biological sex ensures the healthy development of society and the preservation of fundamental community norms, says the preamble, which also states that the Hungarian legal system does not recognize the alteration of the sex of birth, thus preserving the stability of the family institution and the security of the social order.
According to the Fundamental Law, every child has the right to the protection and care necessary for his or her proper physical, mental and moral development. The amendment states that this right takes precedence over all other fundamental rights, with the exception of the right to life.
The possibility has been created for Hungarian citizens who are also citizens of another state – not including citizens of states with the right of free movement and residence – to have their Hungarian citizenship suspended as provided for in a cardinal law. The person concerned shall lose his/her Hungarian citizenship for the period of suspension. Group suspension is prohibited.
Everyone has the right to pay in cash, the Fundamental Law now states.
Only the maintenance of cash circulation can ensure that the functioning of the economy does not become completely vulnerable to electronic financial systems, which may be vulnerable for technical or market reasons.
The enshrinement of this right in the constitution also guarantees that cash payments remain accessible to all, thus avoiding the risk of financial exclusion, the preamble reads.
The amended constitution states that the production, use, distribution and promotion of drugs are prohibited. This confirms the state’s commitment to public safety, healthy lifestyles and the protection of social order.
The amendment to the Fundamental Law ensures that, with the exception of the Supreme Public Prosecutor, the service of prosecutors is maintained until the age of 70.
Under the current rules, the government may, by special legislative order, issue decrees suspending the application of certain laws, derogate from statutory provisions and take other exceptional measures. The current amendment changes this so that the government can only suspend the application of certain laws or derogate from certain provisions of law in a state of war or emergency without the specific authorization of Parliament, and in a state of emergency, it requires the temporary support of two-thirds of Parliament.
A clause has also been added to the Fundamental Law stating that the exercise of the right to choose one’s place of residence must not infringe the fundamental right of local communities in Hungary to self-identity.
According to the explanatory memorandum, this right can protect those communities which wish to preserve the way of life, traditions, customs and stratification of their local society and to determine the number of inhabitants they wish to have.
The provisions relating to the special legal order and the public prosecutor’s office will enter into force on January 1, 2026, but the rest of the amendment will take effect on the day following its publication.
He pointed out that excessive liberalism in the United States has provided many examples of how ignoring biological reality has led to social dysfunction, such as injustices in the world of sport, where transgender athletes with male biological characteristics compete in female competitions, gaining an unfair advantage.
Furthermore, in the United States, the promotion of sex-change treatments available to minors, often without parental consent, is becoming increasingly common. In some states, parents can even be removed from their children’s lives if they do not support gender reassignment. “This is a dangerous precedent that violates family unity and parental rights. It is therefore essential that in this increasingly twisted and uncertain world, we establish certain fundamental truths and do not allow ideological fashions to override biological and social reality. If everything becomes relative and even fundamental concepts such as man and woman are called into question, sooner or later the social order itself will collapse. A stable and functioning community needs solid foundations – and one of these is that a person’s birth sex is a biological endowment that cannot be rewritten at will,” the constitutional lawyer emphasized.
Via MTI, Alaptorvenyblog.hu; Featured photo via MTI/Hegedüs Róbert