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Ireland to criminalize incitement to hatred against transgender people

Justice Minister Helen McEntee has endorsed legislation

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(Photo courtesy of the Transgender Equality Network Ireland/Facebook)

Ireland Justice Minister Helen McEntee presented the Irish government with her approval of legislation that will criminalize incitement to commit acts of hate against transgender people and people with disabilities and acts condoning, denial or gross trivialization of genocide such as the Nazi holocaust and war crimes.

The Irish Times reported that the new legislation will repeal the previous incitement to hatred laws and is intended to make prosecutions easier. However, the bar for a prosecution remains high. A defendant must have deliberately intended to incite hatred or violence against a person on account of their protected characteristic and there are defense’s for a reasonable and genuine contribution to literary, artistic, political, scientific or academic debates.

A person who seeks to incite hatred against a person or group with one of these characteristics may be guilty of an offense which could carry a penalty of up to five years in prison, the Times noted.

The Times also reported that McEntee intends to include a “demonstration test” in the bill, where guilt can be established if the perpetrator uses, for example, racial language or other evidence of hate against the victim. A demonstration test hinges on a perpetrator showing hostility towards someone with a “protected characteristic” at the time of an offence being committed.

The Cabinet was told this could include the use of hostile or prejudiced slurs, gestures, other symbols or graffiti.

The public comment period for the legislation received around 4,000 responses and the Justice Department’s staff also consulted with outside leading experts with backgrounds in hate crimes, discrimination and the LGBTQ and intersex community.

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European Union

European Commission says all EU countries should ban conversion therapy

Recommendation ‘an important step forward for LGBTI rights across Europe’

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(Photo by axelbueckert/Bigstock)

The European Commission on Wednesday said all European Union countries should ban so-called conversion therapy.

The recommendation comes weeks after the European Parliament voted in favor of prohibiting the widely discredited practice across the EU. More than 1.2 million people signed a campaign in support of the ban that ACT (Against Conversion Therapy) LGBT launched in 2024 through the EU’s European Citizens Initiative framework.

“We warmly welcome today’s commitment from the European Commission to a recommendation on ending conversion practices, an important step forward for LGBTI rights across Europe,” said ILGA Europe in a statement.

Seven EU countries — Belgium, Cyprus, France, Malta, Norway, Portugal, and Spain — have banned conversion therapy outright.

Greece in 2022 banned the practice for minors. German lawmakers in 2020 passed a law that prohibits conversion therapy for minors and for adults who have not consented to undergoing the widely discredited practice.

ILGA Europe said the European Commission’s recommendation “highlights how much work remains to be done.”

“Ending conversion practices cannot stop at symbolic commitments or fragmented national approaches,” stressed the advocacy group. “We need coordinated EU action, proper training for professionals, and survivor-centered support systems that recognize the serious harm these practices cause.”

“More than one million people supported the European Citizens’ Initiative calling for change,” added ILGA Europe. “The message is clear: conversion practices are not therapy or belief, they are a form of violence that Europe can and should end.”

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European Union

European Parliament backs EU-wide conversion therapy ban

More than 1.2 million people backed campaign

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(Photo by axelbueckert/Bigstock)

The European Parliament on Wednesday voted in favor of banning so-called conversion therapy across the European Union.

ACT (Against Conversion Therapy) LGBT in 2024 launched a campaign in support of the ban through the EU’s European Citizens Initiative framework. More than 1.2 million people ultimately signed it.

The proposed ban had the support of 405 MEPs. The European Commission is expected to formally respond to it by May 18.

Seven EU countries — Belgium, Cyprus, France, Malta, Norway, Portugal, and Spain — have banned conversion therapy outright.

Greece in 2022 banned the practice for minors. German lawmakers in 2020 passed a law that prohibits conversion therapy for minors and for adults who have not consented to undergoing the widely discredited practice.

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Top EU court strikes down Hungary’s anti-LGBTQ propaganda law

Ruling issued days after voters outed Prime Minister Viktor Orbán

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An anti-transgender book for sale in a bookstore in Budapest, Hungary, on April 4, 2024. The European Union Court of Justice has struck down Hungary's anti-LGBTQ propaganda law. (Washington Blade photo by Michael K. Lavers)

The European Union’s top court on Tuesday struck down Hungary’s anti-LGBTQ propaganda law.

Hungarian MPs in 2021 approved Act LXXIX of 2021.

“It shall be forbidden to make accessible to persons who have not attained the age of 18 years advertisement that depicts sexuality in a gratuitous manner or that propagates or portrays divergence from self-identity corresponding to sex at birth, sex change or homosexuality,” it reads.

The European Commission in 2022 challenged the law. Sixteen EU countries — Austria, Belgium, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Luxembourg, Malta, the Netherlands, Portugal, Slovenia, Spain, and Sweden — joined the lawsuit. The European Parliament also supported it. Outgoing Hungarian Prime Minister Viktor Orbán, for his part, said his government would defend the law.

The EU Court of Justice heard the case in 2024.

A press release that announced the ruling on Tuesday said Hungary “acted in breach of EU law.”

“The court finds, for the first time, a separate infringement of Article 2 TEU (Treaty on European Union), which lists the values on which the (European) Union is founded and which are common to all the Member States,” it reads. “The aspects of the amending law targeting content which portrays or promotes deviation from the self-identity corresponding to the sex assigned at birth, gender reassignment, or homosexuality constitute a coordinated series of discriminatory measures which are in breach, in a way that is both manifest and particularly serious, of the rights of non-cisgender persons — including transgender persons — or non-heterosexual persons, as well as the values of respect for human dignity, equality and respect for human rights, including the rights of persons belonging to minorities.”

“Consequently, that law is contrary to the very identity of the (European) Union as a common legal order in a society in which pluralism prevails,” notes the press release.  “Hungary cannot validly rely on its national identity as justification for adopting a law which is in breach of the values referred to above.”

The Háttér Society, a Hungarian LGBTQ rights group, said the ruling “is a milestone for the protection of human rights in the European Union, and it is also a historic victory for LGBTQI people in Hungary.”

The court issued its ruling nine days after Péter Magyar ousted Orbán in Hungary’s elections.

Orbán took office in 2010.

He and his government faced widespread criticism over its anti-LGBTQ crackdown that included laws that banned Pride events and other public LGBTQ events. (Upwards of 100,000 people last June denied the prohibition and marched in Budapest’s annual Pride parade.)

“Those amendments constitute a particularly serious interference with several fundamental rights protected by the (EU) Charter (of Fundamental Rights), namely the prohibition on discrimination based on sex,” notes the court’s press release.

The EU since Orbán took office has withheld upwards of €35 billion ($41.2 billion) in funds to Hungary in response to concerns over corruption, rule of law, and other issues. Magyar has said he will work with Brussels to unfreeze the money.

ILGA-Europe Deputy Director Katrin Hugendubel urged Maygar’s government to repeal the law.

“With this ruling, the CJEU (The EU Court of Justice) is confirming what we have been saying for six years,” said Hugendubel. “There is now no excuse for the Commission not to require Hungary to quickly withdraw the law. Hungary cannot enter a post-Orbán era without repealing this legislation, including the Pride ban.”

“If Péter Magyar truly aims to be pro-EU, he must place this at the top of his agenda for his first 100 days in office, as an essential part of his EU facing reforms,” added Hugendubel.

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