Laws

HUNGARY

Limited information only available for these topics

Access to Children
Adoption of Children
Age of Consent
Anti-Vilification
Artifical Insemination
Assisted Reproduction
Asylum / Refugees
Civil Unions
  Custody of Children
Discrimination
Estates, Succession
Fostering Children
Gender Identity
Harassment
Hate Crimes
  HIV/Aids
Homosexuality
Immigration
Inheritance, Wills
In Vitro Fertilisation (IVF)
Marriage
Military
  Partners
Parenting
Property
Sodomy
Transgender, Transsexual
Violence
Wrongful Death

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Age of Consent Legislation/Cases/References
1.

Courts & Tribunals

In September 2002, Hungary's Constitutional Court annulled a paragraph of the criminal code that said it was a crime punishable by up to three years in prison for gay adults to have sex with consenting teenagers aged 14 to 18 [R1.1].

R1.1 The Advocate: Hungary Drops Discriminatory Consent Law 05 SEP 02
Civil Unions, Partners: Domestic, Registered Legislation/Cases/References
See also: [INHERITANCE] [MARRIAGE] [PROPERTY]
1.

National

In December 2011, the Human Rights Committee ruled the draft “family defence” Bill fit for Parliamentary debate. The Bill stipulates that families are solely based on heterosexual marriage or common-law partnerships [R1.6].


On 01 July 2009, the Registered Partnership Act, came into force giving same-sex couples the equivalent legal status as married couples [R2.2].


In February 2009, the Hungarian Government approved a new bill on registered partnerships that introduced the institution of registered partnership only for same sex couples and a scheme of domestic partnership registration for both same sex and different sex couples. Support for the bill in the Parliament was still an open question [R1.5].


In December 2007, Parliament approved the Registered Partnership Act which would have given lesbian and gay couples almost identical rights as married heterosexual couples in common law however, on 15 December 2008, the Constitutional Court annulled the new law [R2.1].


In 2007, the Hungarian Government unveiled plans for a civil partnership system that would give same-sex couples legal recognition for the first time. However, same-sex couples would still be unable to adopt children and would be unable to hold a traditional marriage ceremony [R1.4].


In 2005, the Hungarian Government unveiled plans for a civil partnership system that would give same-sex couples legal recognition for the first time. However, same-sex couples would still be unable to adopt children and would be unable to hold a traditional marriage ceremony [R1.3].


In May 1996, common-law relationships between gay couples were legally recognised after a bill was passed by the Parliament [R1.2].

Lesbians and gays can now inherit property from their partners and receive a deceased partner's pension.

The recognition resulted from Hungary's Constitutional Court unexpectedly ordering the Government to legalise common-law gay marriage by March 1996 [R1.1].

2.

Courts & Tribunals

In March 2010, the Constitutional Court declared that the Registered Partnership Act, which came into force on July 1 last year giving same-sex couples the equivalent legal status as married couples, is in line with Hungarian constitution requirements [R2.2].

On 15 December 2008, the Constitutional Court of Hungary annulled a new law due to come into effect from 01 January 2009 that would legally recognise gay and lesbian relationships [R2.1].

R1.6 Politics.hu: Hungarian gay rights groups go to European Parliament, Council of Europe over "family defense" bill 06 DEC 11
R1.5 PinkNews.co.uk: Hungarian Government Proposes Registered Same-sex partnerships 12 FEB 09
R1.4 MCV: Hungary Considers Gay Rights 22 NOV 07
R1.3 MCV: Hungary Recognises Gay Couples 11 MAR 05
R1.2 Brother Sister: Hungarian Common-law Rights Granted 30 MAY 96
R1.1 Capital Q: Hungary Marriage Law Due 17 MAY 96
R2.2 UK Gay News: Hungarian Constitutional Court Affirms Registered Partnerships for Gay Couples 23 MAR 10
R2.1 PinkNews.co.uk: Hungarian court blocks same-sex partnership law 15 DEC 08
Discrimination Legislation/Cases/References
1.

National

On 18 April 2011, the parliament passed a new constitution that guarantees the fundamental rights to every person without any discrimination on account of race, color, disability, language, religion, political or other opinion, national or social origins, financial situation and birth or any other grounds whatsoever. Sexual orientation, included in EU fundamental documents, is missing from this catalog [R1.4].

In 2003, laws banning discrimination on the basis of sexual orientation and sexual identity were introduced [R1.3] and came into effect in 2004 [R1.2].

Previously:

There was no specific legislation to protect homosexuals from sexual discrimination - if someone were fired for being gay, there was then no opportunity for recourse [R1.1].

2.

Courts & Tribunals

On 09 April 2012, the Municipal Court ruled that the Budapest Pride March, expected to be attended by 1,500 people on 07 July, could be held on the specified route and the police had no legal foundation on which to ban it [R2.1].

In 2011, police also tried to block the march from taking place. On that occasion, too, the Municipal Court overruled the police ban [R2.1].

R1.4 The Wall Street Journal: Hungary Passes New Constitution Amid Concerns 18 APR 11
R1.3 MCV: Hungary Considers Gay Rights 22 NOV 07
R1.2 ILGA: State-Sponsored Homophobia PDF 788.4kb, MAY 10
R1.1 Budapest Sun: Pride Speaks Its Name 10 JUL 03
R2.1 Politics.hu: Court overturns police ban on Budapest gay pride march 16 APR 12
Estates, Inheritance, Property, Succession, Wills Legislation/Cases/References
1.

National

In May 1996, lesbians and gays could inherit property from their partners and receive a deceased partner's pension [R1.1].

Previously:

In 1995, tthe Constitutional Court declared unconstitutional a law giving various rights and protections to opposite-sex "common law" couples but denying them to same-sex couples [R1.1].

R1.1 Brother Sister: Hungarian Common-law Rights Granted 30 MAY 96
Gender Identity, Intersex,
Transgender, Transexual

[?]
Legislation/Cases/References
1.

Courts & Tribunals

In 2002, a transsexual entertainer from Budapest was allowed to adopt the child he had been caring for, after the natural father withdrew objections that the artiste was "incapable of parenting" [R1.1].

R1.1 Gay.com UK: Transsexual Entertainer Allowed To Adopt Child 28 NOV 02

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Hate Crimes Legislation/Cases/References
See also: [VIOLENCE]
1.

National

On 13 July 2012, President Janos Ader signed the new Hungarian Criminal Code extending hate crime laws to include sexual orientation and gender identity, effective 01 July 2013 [R1.2].

Previously:

In November 2008, Hungary's hate crime laws were amended to a general formulation of a "violent act against a member of a social group", which is believed to include sexual orientation [R1.1].

R1.2 GayStarNews: Hungary extends hate crime laws to include gays 18 JUL 12
R1.1 PinkNews.co.uk: Hungarian Parliament Approves Homophobic Hate Crimes Legislation 10 NOV 08
HIV Aids Legislation/Cases/References
1.

National

In 1998, AIDS activists in Budapest were extremely concerned with a new law that failed to provide anonymity to those testing positive to HIV. They believe that the law will stop people coming forward for the test [R1.1]

R1.1 Anonymity Denied to HIV+ 09 JAN 98
Homosexuality, Sodomy Legislation/Cases/References
1.

National

In 1966, consensual sex between same sex couples became lawful. [R1.2].

In 1962, Hungary decriminalised homosexuality [R1.1]

R1.2 ILGA: Annual Report 1996 - Part II 1996
R1.1 ILGA: State Sponsored Homophobia PDF 788.4kb, MAY 10
Marriage Legislation/Cases/References
1.

National

On 25 April 2010, Hungarian President Pal Schmitt signed the country's controversial new constitution defining marriage as a union between a man and a woman, as well as the excluding sexual orientation from the protected grounds of discrimination. The constitution will come into force on 01 January 2012 [R1.2].

On 18 April 2011, the parliament passed a new constitution to protect the institution of marriage as a union between man and woman established by mutual consent [R1.1].

2.

Courts & Tribunals

In 1995, the Constitutional Court unexpectedly ordered the Government to legalise common-law gay marriage by March 1996 [R2.1].

R1.2 DW–World.de: Hungarian president signs new constitution despite human rights concerns25 APR 11
R1.1 The Wall Street Journal: Hungary Passes New Constitution Amid Concerns 18 APR 11
R2.1 Capital Q: Hungary Marriage Law Due 17 MAY 96
Military Legislation/Cases/References
1.

National

There are no sexuality restrictions in the Hungarian armed forces [R1.1].

R1.1 Associated Press: World's Militaries and Gay Stance 12 JAN 00
Parenting, Adoption, Fostering Legislation/Cases/References
1.

National

The law in Hungary does not permit same-sex couples to adopt children [R1.1].

2.

Courts & Tribunals

In 2002, a transsexual entertainer from Budapest was allowed to adopt the child he had been caring for, after the natural father withdrew objections that the artiste was "incapable of parenting" [R2.1].

R1.1 Capital Q: Dutch Gays May Marry by Year 2000 14 MAR 97
R2.1 Gay.com UK: Transsexual Entertainer Allowed To Adopt Child 28 NOV 02
Violence: Bullying, Domestic Violence, Harassment, Vilification Legislation/Cases/References
See also: [HATE CRIMES]
1.

National

In November 2008, legislation made it possible to initiate civil proceedings against a person who engages in degrading or intimidating behaviour towards groups based on nationality, ethnicity, religion or sexual orientation [R1.1].

R1.1 PinkNews.co.uk: Hungarian Parliament Approves Homophobic Hate Crimes Legislation 10 NOV 08

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