Hungary’s new law banning pride marches is in breach of the European Convention on Human Rights, Michael O’Flaherty has warned.
The Council of Europe’s Human Rights Commissioner, Michael O’Flaherty, has written to the Hungarian parliament to raise concerns about the new law in a letter seen by NewsIreland.eu.
Addressing the Speaker of the National Assembly of Hungary, László Kövér, O’Flaherty raises serious concerns about the law.
And he warns that the European Court of Human Rights (ECHR) has ruled that banning pride marches is in breach of Article 11 of the European Convention on Human Rights.
“The European Court of Human Rights (the Court) has found, in a number of judgments, that banning or refusing to authorise public events for the promotion of the human rights and equality of LGBTI people was not necessary in a democratic society, and was therefore contrary to Article 11 of the Convention.
Rather, the Court has found that authorities must take positive measures to ensure that such demonstrations and gatherings can be held peacefully and that demonstrators are protected from violence”, the Human Rights Commissioner wrote.
Tánaiste Simon Harris and a cross party group of members of the European Parliament are amongst those who have already spoken out against the new Hungarian law.
The Hungarian parliament passed legislation last month which tightening up existing so-called child protection laws.
The Council of Europe’s Human Rights Commissioner, Michael O’Flaherty, said the law’s stated aim to “‘protect children from exposure to diversity in gender identity and sexual orientation'”, is in itself also in breach of the ECHR.
“The Court has held that it is the lack of information relating to same-sex relationships and gender identity, and the continuing stigmatisation of LGBTI people in society, that is harmful to children, and that such restrictions may violate Articles 10 and 14 of the Convention”, O’Flaherty warned the Hungarian speaker in his letter.
Hungary should retract the law, O’Flaherty says.
“I respectfully ask members of the National Assembly of Hungary to initiate a reconsideration of the recently-adopted amendment to the law on the right to assembly”, he writes.
“I recommend engaging with national and international partners, including the Council of Europe, on how best to protect children’s rights while in full compliance with international human rights standards, including with respect to the human rights of LGBTI people.”