CEU Electronic Theses and Dissertations, 2022
| Author | Beaumont, Annabelle |
|---|---|
| Title | An examination of the legal steps taken by central and eastern European member states' Hungary and Poland towards an illiberal democratic turn through their attack on sexual minorities |
| Summary | This thesis aims to explore the legal steps central and eastern European member states' Hungary and Poland took toward an illiberal democratic turn by examining their attack on sexual minorities. Firstly, a theoretical framework discusses the socio-political and legal steps Hungary and Poland take toward their illiberal democratic values. This has been achieved by introducing the state of affairs alongside the domestic and international legislation concerning anti-discrimination that these states are required to abide by. Secondly, there is a comparative analysis of two categories of case law within the context of Hungary and Poland. The first category of case law falls under trans rights cases, and the second relates to pride discrimination cases. This has included the extent to which the domestic authorities' actions amount to discrimination against the LGBTQI community within their states. Lastly, the hostile environment that LGBTQI people continuously face within these states has been discussed regarding the challenges under the ECHR and the two lines of litigation that two civil society organizations take within the context of Hungary. One line of litigation requires the civil society organization to exhaust domestic remedies, while the other takes cases straight to the Strasbourg Court. Furthermore, there is an examination of the effectiveness of the European Union’s tools in tackling specific legislative enforcements, such as infringement procedures. This has been achieved by analyzing whether the steps taken by the EU are adequate to improve the rights of sexual minorities and to stop the ruling governments within these states from taking further actions to stigmatize and discriminate against LGBTQI people. Thus, this thesis contributes to understanding human rights protections of sexual minorities on a domestic and international level from member states with illiberal tendencies who attack LGBTQI persons’ rights. |
| Supervisor | Polar, Eszter |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2022/beaumont_annabelle.pdf |
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