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Hungary’s Top Court Greenlights a Gov’t ‘Child Protection’ Referendum Question

Péter Cseresnyés 2021.11.09.

Hungary’s Supreme Court, the Kúria, has decided that one of the questions, namely: “Do you support the promotion of sex reassignment treatments for minors?”, can be included in the controversial child protection referendum previously initiated by the Orbán-led government.

Prime Minister Viktor Orbán announced in July that his administration had decided to initiate a referendum in defense of Hungary’s controversial “child protection law” from the attacks of Brussels.

Supreme Court Annuls One of Govt's Referendum Questions
Supreme Court Annuls One of Govt's Referendum Questions

The request for review was filed by the Hungarian Two-Tailed Dog Party, who argued that the question gave "the false impression that sex reassignment surgery for minors is available today," even though it is not.Continue reading

The initiative includes the following five questions:

  • “Do you support sexual orientation classes for children in public education without parental consent?”
  • “Do you support the promotion of sex reassignment treatments for minors?”
  • “Do you support making sex reassignment surgery available to minors?”
  • “Do you support minors being shown, without any restriction, media content of a sexual nature that is capable of influencing their development?”
  • “Do you support presenting media content to minors that depicts gender change?”

Not long after, on July 30, the National Election Committee (NVB) approved all five of the referendum questions. Since then however, several political organizations and individuals challenged them at Hungary’s supreme court, claiming several of the questions are unclear, while some are even unconstitutional.

Opposition Parties and Human Rights NGO TASZ Challenge Gov't's 'Child Protection' Referendum
Opposition Parties and Human Rights NGO TASZ Challenge Gov't's 'Child Protection' Referendum

They argue that the possible answers are unclear regarding future legislation, or that the questions violate international conventions accepted by Hungary.Continue reading

As a result, the Kúria began to review the raised complaints and ruled in October that the fourth question cannot be included in a referendum, annuling the decision of NVB. In response, the government has lodged a complaint to the Constitutional Court against this decision.

On Monday, the Kúria decided on a new question as well, Népszava reported. According to Hungary’s top court, the question of “Do you support the promotion of sex reassignment treatments for minors?” can be part of a national referendum.

Featured photo illustration by Szilárd Koszticsák/MTI 


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