BREAKING: Hungary changes its constitution to recognise only two sexes: a direct attack on human rights

Hungary’s recent constitutional amendment enshrining a binary definition of gender is a direct attack on the human rights and dignity of trans and non-binary people. President Orbán may amend the constitution, but he cannot erase the existence of trans and non-binary people who remain an integral part of Hungarian society.

This amendment contradicts genuine concern for children’s wellbeing. If protecting children were truly the priority, comprehensive, factual information about gender diversity would be made widely available rather than suppressed.

This constitutional change comes after Hungary has already banned legal gender recognition (LGR) in the country. More alarmingly, this amendment clearly signals that Orbán’s government has no intention of implementing the recent CJEU ruling in the Deldits case, where Hungarian authorities were found to have violated EU law (GDPR) by refusing to amend a trans man refugee’s asylum register entry—revealing a pattern of systematic discrimination against trans people in Hungary.

Calls to action

TGEU stands in solidarity with all trans and gender diverse people in Hungary and remains committed to defending their rights and dignity throughout Europe and Central Asia.

We call upon the European Commission to take immediate action by:

• Investigating the constitutional amendment and the ban of legal gender recognition as a clear breach of Article 2 of the Treaty on European Union, which enshrines respect for human dignity, freedom, democracy, equality, the rule of law, and human rights including the rights of persons belonging to minorities
• Initiating infringement procedures against Hungary for clear lack of intent to implement Deldits
• Freezing all pending EU payments until fundamental rights for LGBTIQ+ people are fully restored in the country.

We also call on individuals across Europe to join us in demanding decisive action:

Write to European Commission President Ursula von der Leyen, Equality Commissioner Hadja Lahbib, and your national governments to demand a strong EU response to this violation of fundamental rights.

Your voice matters in the fight to protect trans and non-binary people in Hungary.

More info

• According to Fidesz, a person is a man or a woman, in that order (Hátter Society)
• Data protection is human protection: EU’s top court demands Hungary correct trans refugee’s documents
• Hungary must allow trans refugee to change gender marker in official records, says EU Court’s top legal advisor
• European court slams Hungary again over lack of legal gender recognition