A/HRC/58/49/Add.1 68. The EU has consistently rebuked Hungary for its asylum procedures and the ECtHR issued a multitude of judgements against Hungary regarding migration policies, detaining asylum seekers, pushbacks, and ineffective investigations into police violence against asylum-seekers.29 69. The EU Court of Justice ruled that Hungary had failed to comply with the EU's rules on the treatment of migrants by ‘unlawfully detaining’ asylum seekers and deporting them before they could appeal the rejection of their applications, ordering Budapest to make changes to its policies (December 2020).30 In July 2024, the Court ordered Hungary to pay €200,000,000, €1,000,000 per day of delay for failure to comply with the 2020 judgement, 31 which had restricted access to international protection, unlawfully detained applicants in transit zones (now closed), and removed illegally staying third-country nationals. 70. Despite the Court of Justice’s ruling against Hungary’s restrictive asylum practices, restrictions on asylum applications continue, except for the 40,605 Ukrainian refugees granted temporary protection after Russia’s 2022 invasion. 71. The Special Rapporteur on migrants noted that high-level Government figures had made discriminatory statements about migrants and that the Government’s approach to the governance of migration was security-oriented.32 The UN CERD Committee also expressed alarm at reports that public figures at the highest levels had made statements that may promote racial hatred. 33 Hungary’s leadership and pro-government media frequently used rhetoric defending “Christian Europe” against Muslim migrants and refugees. 72. The former Special Rapporteur on freedom of religion or belief noted that after the EU pledge to resettle additional refugees, Hungary, along with other EU Member States, had announced ‘that they would favour admitting non-Muslim refugees, particularly Christians, citing concerns about ‘cultural cohesion’.34 Various interlocutors confirmed that Christians receive special treatment in the asylum process. The Special Rapporteur notes the broad range of development assistance offered by the Hungary Helps Programme internationally to religious minorities and the sensitivity to Christian persecution in international fora. These activities should be ‘brought home’ and play out domestically, for example with regard to the offer of international protection on Hungarian territory to those escaping religious persecution and a greater attention to religion and belief minorities in Hungary. G. Traditional values, family, sexual orientation and gender identity 73. The 9th Constitutional Amendment, passed in December 2020, limits the definition of “families” to married couples and parents as: “The mother shall be a woman, the father shall be a man” (Article L(1)). This presents “traditional” gender roles as eternal. Although same-sex civil partnerships have been legal in Hungary since 2007, the 2011 Constitution restricted marriage exclusively to opposite sex couples. 35 A recently passed Act rules that only married couples are eligible to apply for adoption36 hence effectively banning all nonmarried persons from adopting. In exceptional cases, the Minister of Justice may permit an adoption by an unmarried person. Older, disabled and Roma children often only find nonmarried persons willing to adopt them, so this regulation can restrict the most vulnerable children from finding a family. 29 30 31 32 33 34 35 36 12 M.H. and S.B. v. Hungary, 22/2/24; S.S. and Others v. Hungary, 12/10/23; Alhowais v. Hungary, 2/2/23; H.M. and Others v. Hungary, 2/6/22. Judgment of the Court (Grand Chamber), 17 December 2020, European Commission v Hungary. Judgment of the Court in Case C-123/22, Commission v Hungary. A/HRC/44/42/Add.1, paras. 5-6. CERD/C/HUN/CO/18-25, para. 16. A/HRC/49/44, para. 51. Constitution of Hungary, Foundation, Article L. Act CLXV of 2020 modifying act V of 2013 on the civil code and law XXXI of 1997 on child protection.