LGBTI equality and human rights in Europe and Central Asia

Letter to Hungarian Prime Minister Viktor Orbán: in regards to Article 33 of the proposed Omnibus Bill, 2020

In our continued call for the Hungarian government to stop the attack on legal gender recognition, we have sent a joint letter with OII-Europe and TGEU. In the letter, we list the international calls to #Drop33 of a legislative omnibus bill–which would deny access to legal gender recognition in the country–including from the COE Commissioner for Human Rights and an admonition from the UN High Commissioner for Human Rights.

Dear Prime Minister Orbán,

This letter, on behalf of The European Region of the International Lesbian, Gay, Bisexual, Transgender and Intersex Association (ILGA-Europe), a regional non-governmental organisation focused on the rights of LGBTI people with over 600 members in 54 countries in Europe and Central Asia, Organization Intersex International Europe (OII Europe), the regional umbrella organisation for intersex-led organisations in Europe, with members in more than 20 countries, and Transgender Europe (TGEU), a member-based oragnisation for the trans community in Europe and Central Asia with 140 member organisations in 44 countries, brings to your attention the response to Article 33 of the proposed omnibus bill of 2020, regarding reformulating the national registry to change the mutable category of “sex” to an immutable category of “sex at birth”.

We, along with our members in Hungary, strongly opposed the proposed amendment to the national registry, such that it will effectively make legal gender recognition for trans and intersex people impossible in Hungary, which contravenes EU and international human rights law and violates the well-established right to private and family life for trans and intersex Hungarians.

We write to bring to your attention the clear and strong call of many international human rights organs and actors in opposition to this measure. You will note that there have been objections published by:

As ILGA-Europe, OII Europe and TGEU, we call on you to heed your responsibilities under the international human rights law framework, and to amend the omnibus bill to remove Article 33 prior to a vote in the full Parliament.

Kind regards,

Katrin Hugendubel
Advocacy Director, ILGA-Europe

What have happened?

- On 31 March, Trans Day of Visibility, the Hungarian government released a large bill consisting of many legislative proposals - one of these, Article 33, would make legal gender recognition impossible, massively curtailing the rights of trans and intersex citizens of Hungary.
- On 6 April, ILGA-Europe and TGEU released a statement calling on the Hungarian Parliament and the Parliament to drop Article 33 of a legislative omnibus bill.
- On 27 April, ILGA-Europe, OII-Europe, and TGEU sent a joint letter to Hungarian Prime Minister Viktor Orbán.
- On 15 May, ILGA-Europe, OII-Europe, and TGEU sent a joint response to Hungarian Prime Minister Viktor Orbán's letter.

- On 2 April, 22 Hungarian human rights and LGBT NGOs released a statement.
- On 2 April, the Council of Europe's Commissioner for Human Rights shared a statement.
- On 14 April, the UN Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity; the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health; the Special Rapporteur on the right to privacy and the Special Rapporteur on violence against women, its causes and consequences sent a letter to Hungarian government.
- On 20 April, the European Professional Association for Transgender Health (EPATH) and European Society for Sexual Medicine (ESSM), released a statement.
- On 15 April, 63 Members of the European Parliament sent a letter to Hungarian government.
- On 17 April, the Hungarian Psychological Association released a statement.
- On 17 April, the European Parliament passed a resolution.
- On 17 April, the UN High Commissioner on Human Rights referred explicitly to the bill as bad practice.
- Transvanilla Association and All Out has collected over 24,000 signatures for a petition against the Article 33.
- You can SUPPORT the #Drop 33 campaign on Twitter, Instagram, or TikTok.
- A vote in Parliament is expected on 19 May.