EU urged to act as Hungary’s far-right government moves to end legal recognition of trans people

Proposed legislation says gender should be defined as ‘biological sex based on primary sex characteristics and chromosomes’

Hungarian prime minister Viktor Orban has been criticised for using the coronavirus crisis as a pretext to clamp down on the country’s liberal elements (POOL/AFP via Getty Images)

The European Union has been urged to take action against the Hungarian government as it moves to push through “discriminatory” legalisation that would end the legal recognition of trans people within the country.

The bill, which says that gender should be defined as “biological sex based on primary sex characteristics and chromosomes”, was first submitted to parliament last month as authorities introduced a series of controversial measures aimed at tackling Hungary’s Covid-19 outbreak.

According to the first draft, people’s sex would be recorded “at birth”, making it impossible to later change this status.

Although a date has yet to be established for when the bill will be put to a vote, it is continuing to be discussed in parliamentary committees, indicating the government’s willingness to push ahead with the legislation.

Bernadett Szel, an independent MP, recently expressed her opposition to the law during a hearing for the judicial committee but was reportedly shut down by the chair.

Human rights activists have criticised Hungarian prime minister Viktor Orban, who was last month handed the right to rule by decree indefinitely, for using the coronavirus crisis as a pretext to consolidate his power and clamp down on the country’s liberal elements.

Even amid a pandemic that has forced Hungary into lockdown, parliament continues to deal with legislation that has been described as “discriminatory” and “evil”, leading to calls for the EU to intervene and protect trans rights within the country.

“Viktor Orban is using the Covid-19 health crisis as cover to push through discriminatory legislation that will be devastating to the lives of transgender people in Hungary,” Graeme Reid, director of LGBT rights at Human Rights watch, told The Independent.

“It is typical of the autocrats playbook, to consolidate power by attacking the most marginalised. The EU should act.”

LGBT+ charity Stonewall has warned that “human rights are under threat” within the country.

“Stonewall, along with many other human rights defenders, condemn Hungary’s move to ban legal gender recognition,” Laura Russell, the organisation’s director of campaigns, policy and research, told The Independent.

“The move to row back the rights of trans people in Hungary during a global pandemic should be an alarming wake-up call that human rights are under threat.

“We cannot be complacent because the fight for equality in one place is the fight for it everywhere. When we question one group’s rights, we expose the rights of everyone to be questioned and debated. We urge everyone who cares about LGBT equality to come out and show their support for trans people in Hungary and beyond.”

The new law will be in violation of European human rights case law, according to Dunja Mijatovic, the commissioner for human rights at the Council of Europe.

Calling on Hungary’s parliament not to adopt the legislation, she said in a statement: “Transgender persons have the right to legal recognition of their gender based on self-determination. This is an essential step to ensure respect for their human rights in all areas of life. Legal gender recognition is a matter of human dignity.”

The Hungarian LGBT Alliance has said the law, if passed, would force trans people to live with documents that do not match their identity and their appearance.

“That exposes them to potential discrimination in employment, housing, access to goods and services, and official procedures,” the organisation said.