Ahead of Budapest Pride, EFF and 46 Organizations Call on European Commission to Defend Fundamental Rights in Hungary – Electronic Frontier Foundation

European Commission Urged to Defend Fundamental Rights in Hungary

Introduction

This week, the Electronic Frontier Foundation (EFF), together with the European Digital Rights (EDRi) and nearly 50 civil society organizations, issued a joint call urging the European Commission’s President Ursula von der Leyen, Executive Vice President Henna Virkunnen, and Commissioners Michael McGrath and Hadja Lahbib to take immediate action to protect human rights in Hungary. The appeal particularly emphasizes the protection of LGBTQ+ rights in line with the Sustainable Development Goals (SDGs), notably SDG 10 (Reduced Inequality) and SDG 16 (Peace, Justice and Strong Institutions).

Context: Violation of Fundamental Rights in Hungary

1. With Budapest Pride scheduled imminently, Hungary has criminalized Pride marches and plans to deploy real-time facial recognition technology to identify participants, violating the rights to freedom of expression and peaceful assembly (SDG 16).
2. On April 15, a new amendment package authorized the use of real-time facial recognition to identify protesters at banned events such as LGBTQ+ gatherings, imposing harsh penalties including excessive fines and imprisonment. This contravenes the EU Artificial Intelligence (AI) Act, which prohibits such surveillance measures (SDG 16, SDG 9 – Industry, Innovation and Infrastructure).
3. In March, the Hungarian Parliament rapidly passed three amendments banning and criminalizing Pride marches and their organizers, and permitting facial recognition technologies for protestor identification. These laws were enacted without public consultation and violate both the EU AI Act and the Charter of Fundamental Rights.

Call to Action for the European Commission

The coalition of civil society organizations has urged the European Commission to implement interim measures to address these violations and protect fundamental rights. The key demands include:

• Initiating infringement procedures against Hungary for breaches of EU law, particularly Article 5 of the AI Act.
• Adopting interim measures concerning ongoing infringements related to Hungary’s 2021 anti-LGBT law, which serves as the legal basis for banning LGBTQIA+ public assemblies, including Budapest Pride.

Significance for Sustainable Development Goals

• SDG 10: Reduced Inequalities – Protecting LGBTQ+ rights ensures equality and combats discrimination within the EU.
• SDG 16: Peace, Justice and Strong Institutions – Upholding freedom of expression and assembly strengthens democratic institutions and the rule of law.
• SDG 9: Industry, Innovation and Infrastructure – Regulating the use of AI technologies aligns with ethical innovation and responsible governance.

Conclusion

The European Commission holds a critical responsibility to safeguard EU fundamental rights, including those of LGBTQ+ individuals in Hungary and across the Union. Ensuring the safety and freedom of participants in Budapest Pride is essential to maintaining the EU’s core values and commitments to the Sustainable Development Goals. Failure to act risks undermining these principles and the integrity of the Union.

For further details, the full letter to the European Commission can be accessed here.

1. Sustainable Development Goals (SDGs) Addressed or Connected

1. SDG 10: Reduced Inequalities
   • The article highlights discrimination and attacks on LGBTQ+ individuals in Hungary, which relates to reducing inequalities and promoting social inclusion.
2. SDG 16: Peace, Justice and Strong Institutions
   • The article discusses violations of fundamental rights, including freedom of expression and assembly, and the need for the European Commission to uphold the rule of law and protect human rights.
3. SDG 5: Gender Equality
   • Although not explicitly stated, the focus on LGBTQ+ rights ties into broader issues of gender equality and combating discrimination based on sexual orientation and gender identity.

2. Specific Targets Under Those SDGs

1. SDG 10 – Target 10.3: Ensure equal opportunity and reduce inequalities of outcome, including by eliminating discriminatory laws, policies and practices and promoting appropriate legislation, policies and action in this regard.
2. SDG 16 – Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.
3. SDG 16 – Target 16.10: Ensure public access to information and protect fundamental freedoms, in accordance with national legislation and international agreements.
4. SDG 5 – Target 5.1: End all forms of discrimination against all women and girls everywhere (including LGBTQ+ individuals under the broader umbrella of gender equality).

3. Indicators Mentioned or Implied to Measure Progress

1. Indicator for SDG 10.3: Number of countries that have adopted laws, policies and action plans to promote equality and eliminate discrimination against LGBTQ+ individuals.
2. Indicator for SDG 16.3: Proportion of the population who feel safe exercising their right to peaceful assembly and freedom of expression.
3. Indicator for SDG 16.10: Number of verified cases of violations of fundamental freedoms, including freedom of assembly and expression, and actions taken by governing bodies such as the European Commission.
4. Indicator for SDG 5.1: Prevalence of discriminatory laws and policies against gender and sexual minorities.
5. Additional implied indicator: Enforcement and compliance with the EU Artificial Intelligence (AI) Act, particularly regarding the prohibition of real-time facial recognition technology for identifying protesters.

4. Table of SDGs, Targets, and Indicators

Source: eff.org