Hungary’s New Constitutional Amendments Threaten LGBT Rights and Democratic Freedoms

The Orbán government's latest amendments to Hungary’s Fundamental Law, rushed through parliament on April 14, 2025, have sparked widespread condemnation, with Human Rights Watch warning that these sweeping changes represent an escalation in the government's ongoing assault on the rule of law, democracy, and fundamental rights in Hungary. These amendments, which were signed into law on the same day they passed, are seen as a direct attack on LGBT rights, freedom of assembly, and the rights of Hungarians with dual citizenship.

"The constitutional amendments are further proof of the Orbán government’s authoritarian drive to consolidate political power," said Hugh Williamson, Europe and Central Asia Director at Human Rights Watch. "These changes not only scapegoat LGBT people but also create a legal framework that is hostile to equality, democracy, and the rule of law, blatantly violating EU law in the process."

One of the most controversial amendments strictly defines gender as a person’s biological sex assigned at birth. This legal definition not only undermines the identities of transgender people but also solidifies Hungary’s ban on legal gender recognition, which severely limits transgender individuals' ability to live free from legal and social discrimination.

Another amendment elevates “child protection” as a fundamental constitutional right, above all others except the right to life. This shift gives the Hungarian government broad and unchecked authority to restrict a wide range of freedoms, including the freedom of assembly. The amendment is directly tied to a recent change in the law regarding freedom of assembly, which has effectively outlawed Pride events in Hungary. This marks a significant blow to the LGBTQ+ community, making it harder for them to organize and express themselves publicly.

Additionally, the Hungarian government introduced provisions that could suspend Hungarian citizenship for dual citizens from non-EU countries. These provisions target individuals who are deemed to pose a threat to public order or national security. Critics fear that this clause could be used to silence journalists, activists, and opposition figures who criticize the government, leading to further repression and violations of human rights.

These changes come on the heels of the controversial Sovereignty Protection Act, passed by Hungary’s parliament in 2023, which established a special body to investigate individuals and organizations deemed to be pursuing “foreign interests.” The European Commission has already challenged Hungary over this law in the EU Court of Justice, further highlighting Hungary's ongoing disregard for EU standards on fundamental rights.

Prime Minister Viktor Orbán, who has maintained power through a supermajority in parliament since 2010, has continuously used his position to undermine judicial independence, restrict press freedom, and silence opposition. His government has also been accused of discriminating against migrants, LGBT individuals, and women. Over the past five years, Orbán has ruled by decree, effectively bypassing the Hungarian parliament and consolidating his power in an increasingly authoritarian manner.

Despite the European Union’s attempts to rein in Orbán’s government through legal actions, including infringement proceedings and the triggering of the Article 7 mechanism, Hungary remains largely defiant in its pursuit of these repressive policies. The Article 7 procedure, which could ultimately result in the suspension of Hungary’s voting rights in the EU Council, has so far failed to stop the country's slide into authoritarianism.

Human Rights Watch is urging the European Union to take immediate action in response to these new amendments. The organization is calling for the European Commission to launch new infringement proceedings against Hungary, while urging EU member states to move forward with Article 7 proceedings and hold Hungary accountable for its violations of EU law and human rights.

"Hungary’s leaders have shown their willingness to trample on rights and shred protections for vulnerable groups. The European Union must act now to stand in solidarity with those in Hungary who are fighting to preserve democratic values and human rights," Williamson concluded.