23 May 2025
We the Bugs
On April 14, 2025, the Hungarian parliament passed the 15th Amendment to the Fundamental Law, triggering mass protest across Budapest. Amongst its most far-reaching provisions is the constitutional entrenchment of binary sex. Read alongside a reworded Article XVI, which affirms that “every child has the right to the protection and care necessary for his or her proper physical, mental, and moral development”, these provisions establish a new hierarchy of fundamental rights, placing child protection above all others, including the right to peaceful assembly. These changes may now lend formal constitutional legitimacy to discriminatory legislation seeking to ban Pride Parades. Continue reading >>
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02 April 2025
How Hungary’s Pride Ban Tests the EU’s Commitment to Democracy
On March 18, 2025, the Hungarian Parliament passed legislation aimed at protecting children from assemblies that promote homosexuality. Although the amendment imposes general limitations on freedom of assembly, it is commonly understood as a ban on the LGBTQ+ Pride march, just ahead of the 30th anniversary in 2025. The new law purposefully violates European human rights standards on freedom of assembly and LGBTQ+ rights, as well as fundamental values of the European Union, such as the rule of law and democracy (Article 2 TEU). Continue reading >>
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28 June 2024
Growing the Living Tree
On 21 June 2024, the High Court of Namibia in Friedel Laurentius Dausab vs. The Minister of Justice unanimously held that laws criminalizing same-sex relationships are unconstitutional and invalid. The judgment significantly advances anti-discrimination law jurisprudence in Namibia, particularly in relation to the grounds of sexual orientation and the interpretation of constitutional equality provisions. Continue reading >>
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15 May 2024
The New Transgender Ruling in Czechia
In a recent decision in the case of N.G. (Pl. ÚS 52/23), the Czech Constitutional Court (CCC) addressed the pressing issue of trans persons’ rights, more specifically the requirements for legal gender reassignment, involving (often involuntary) sterilisation and castration. When compared to the earlier decision in T.H. (Pl. ÚS 2/20), the new ruling represents a major shift. In fact, the CCC changed its legal position by 180 degrees, giving preference to protecting individual rights over deferring to the legislator’s choices. Continue reading >>
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