Filing complaint for challenging that father is male and mother is female not possible after all

May 23. 2023. – 12:36 PM


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Parliament has approved Katalin Novák's veto, removing the part of the law on complaints that allowed the lodging of a complaint against anyone "challenging the constitutionally recognised role of marriage and the family". On Tuesday morning, the Parliament re-adopted the law without the part in question, with 147 votes in favour and 6 against.

The law on complaints and notifications of public interest had already been voted on by the National Assembly on 11 April. It would have regulated, among other things, how to anonymously report corruption, but it also included a section on how to submit a complaint to state and local authorities against those who challenge the constitutionally recognised role of marriage and the family or the "right to protection and care necessary for the proper physical, mental and moral development of children and their right to their self-identity corresponding to their sex at birth".

The latter part, however, did not please President Novák, so she didn't sign the law but sent it back to Parliament for consideration.

Novák justified this by saying that the law's instruments were "questionable as they could serve to increase mistrust between members of the community".

A few days ago, the Parliament's legislative committee decided to accept Novák's veto and proposed the removal of the controversial part of the law.

Deputy Justice Minister Róbert Répássy said the government accepted the position of the Head of State because it intends to close the infringement procedure as soon as possible, which is the reason why the government passed the law in the first place.

The relevant EU directive should have been transposed into Hungarian law by December 2021, but this hadn't been done, leading the European Commission to launch an infringement procedure and then a lawsuit against Hungary.

Even so, the law has been criticised by K-Monitor, the Hungarian Civil Liberties Union (TASZ) and Transparency International Hungary: the NGOs said that even after the law is passed, whistleblowers will still not receive the protection they deserve, while they may even risk their livelihoods for the public good. For example, Transparency International says that the law doesn't protect whistleblowers who commit crimes – for example, leaking data or documents from their place of work – in order to obtain information needed for reporting corruption.

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