LGBT rights in Hungary

LGBT rights in Hungary

Location of  Hungary  (dark green)

– in Europe  (light green & dark grey)
– in the European Union  (light green)  –  [Legend]

Same-sex sexual activity legal? Legal since 1961,
age of consent equalized in 2002
Gender identity/expression Gender change is legal.
Military service Gays and lesbians allowed to serve
Discrimination protections Sexual orientation and gender identity protections (see below)
Family rights
Recognition of
relationships		 Unregistered cohabitation since 1996,
Registered partnerships since 2009
Restrictions:
 Same-sex marriage constitutionally banned
Adoption No joint adoption by same-sex couples; no adoption of same-sex partner's child

The rights of lesbian, gay, bisexual, transgender (LGBT) people in Hungary have evolved through Hungarian history. Homosexuality is legal in Hungary for both men and women.

Law regarding same-sex sexual activity

The first Hungarian penal code by Károly Csemegi (1878) punished homosexuality between men ("természet elleni fajtalanság" – unnatural perversion) with prison up to 1 year. Homosexual activity above the age of 20 was decriminalized in 1961, then above the age of 18 in 1978 by the new penal code. The age of consent, which is 14, has applied equally to heterosexual and homosexual activity since a Constitutional Court decision of 2002. Gay and bisexual people are not banned from military service.

Recognition of same-sex relationships

Unregistered cohabitation has been recognised since 1996. It applies to any couple living together in an economic and sexual relationship (common-law marriage), including same-sex couples. No official registration is required. The law gives some specified rights and benefits to two persons living together. Unregistered cohabitation is defined in the Civil Code as "Cohabitation means when two persons are living together outside of wedlock in an emotional and financial community in the same household, provided that neither of them is engaged in wedlock or partnership with another person, registered or otherwise, and that they are not related in direct line, and they are not siblings." Inheritance is possible only with testament, widow-pension is available for couples cohabiting for more than 10 years.

Gaypride in Budapest, 2008

Adoption by individuals is legal regardless of sexual orientation, but same-sex couples cannot jointly adopt, or adopt their partner's biological child. One poll indicated that 30 percent of the Hungarian public supported same-sex marriage.[1] However, according to a Eurobarometer survey published on December 2006, only 18 percent of Hungarians surveyed supported same-sex marriage, and only 13 percent recognized a same-sex couple's right to adopt, compared to the EU-wide average of 44 percent and 33 percent, respectively.[2]

On 17 December 2007 the Parliament adopted a registered partnership bill submitted by the Hungarian Socialist Party-Alliance of Free Democrats government. Since 1 July 2009 same-sex couples can enter into registered partnerships. The law gives the same rights to registered partners as to spouses except for adoption, surrogacy or taking a surname.[3][4]

On 1 January 2012, a new constitution enacted by the government of Viktor Orbán, leader of the ruling Fidesz party, came into effect, restricting marriage to opposite-sex couples and containing no guarantees of protection from discrimination on account of sexual orientation.[5] Note, however, that discrimination on the basis of sexual orientation remains banned through statute, even if it is not constitutionally banned.

Adoption and family planning

Although same-sex couples cannot adopt, lesbian couples can get access to IVF and donor insemination.

Discrimination protections

In 2000, the Constitutional Court recognized that the Constitutional ban on discrimination based on "other status" covers sexual orientation as well. There exists an anti-discrimination law in the Act on Public Health since 1997. The 2003 Act on Equal Treatment and the Promotion of Equal Opportunities forbids discrimination based on factors that include sexual orientation and gender identity in the fields of employment, education, housing, health, and access to goods and services.

Transgender rights

Transgender people living in Hungary can change their legal gender. They still have to get a diagnosis, but they don't have to go through hormone therapy or mandatory genital surgery.

Living conditions

Hungary was the host country of Mr Gay Europe 2007 contest and the Eurogames in 2012.

Budapest Pride was the first such event in the former Eastern Bloc, and draws a steady, but moderate number of LGBT people and their supporters. The LGBT festival lasts a week every summer with a film festival, pride march and parties across the city. The Festival was opened in the past by notable public figures including Gábor Demszky, then mayor of Budapest, and Kinga Göncz, then minister of foreign affairs.

Summary table

Same-sex sexual activity legal (Since 1962)
Equal age of consent (Since 2002)
Anti-discrimination laws in employment (Since 2003)
Anti-discrimination laws in the provision of goods and services (Since 2003)
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) (Since 2003)
Same-sex marriage (Constitutional ban since 2012)
Recognition of same-sex couples (Since 2009)
Step-child adoption by same-sex couples
Joint adoption by same-sex couples
Gays allowed to serve in the military
Transgender allowed to serve in the military
Right to change legal gender
Commercial surrogacy for gay male couples
Access to IVF for lesbians
MSM allowed to donate blood

See also

References

  1. ↑ "Hűvös fogadtatás: Közvélemény a homoszexuálisok megítéléséről" (in Hungarian). Medián. 11 July 2007.
  2. ↑ "Eight EU Countries Back Same-Sex Marriage". Angus Reid Global Monitor. 24 December 2006. Retrieved 16 March 2008.
  3. ↑ "Hungary approves partnership legislation". pinknews.co.uk. 18 December 2007. Retrieved 16 March 2008.
  4. ↑ "Hungary legalizes same-sex civil partnerships". Reuters. 18 December 2007. Retrieved 16 March 2008.
  5. ↑ "New Hungarian constitution comes into effect with same-sex marriage ban," PinkNews, 3 January 2012, accessed 6 January 2012.
Wikimedia Commons has media related to LGBT in Hungary.
This article is issued from Wikipedia - version of the 11/25/2016. The text is available under the Creative Commons Attribution/Share Alike but additional terms may apply for the media files.