The term of “family” cannot be limited to the relationship of a man and a woman

 

The Constitutional Court – with its ruling No. II/3012/2012. – has annulled Section 7 of Act CCXI of 2011 on the Protection of Families, which unduly narrowed the term of family.

The above mentioned act defines the family as an emotional and economic community in a system of relations, based on the marriage of a man and a woman, or lineal descendants, or guardianship.

This definition complies with the marriage and family protecting clause of the Constitution (Article L. of the Constitution), however, it only includes a part of the possible and existent family relations. Because it does not follow from Article L. of the Constitution that the relations included in the wider sociological term of family, based on mutual care and permanent emotional and economic community, aiming at the same goal (e.g. like the partners caring about and raising each other’s children, partners not wishing to get children, or  partners of different sexes who cannot have children through other reasons, the widows, persons caring about their sibling or children of their siblings or other kin, or those caring about an elder kin of the ascending line, etc.)  would be excluded from the obligation of the republic on protecting the institution.

Considering, that the family, in a wider sense, is under the protection of the Constitution, the legislator may not enact provisions which narrow the constitutional conception of the family.

Present ruling of the Constitutional Court will have effects in Hungary on the new Civil Code as well as on the subvention system of the families. 

 

Contact for further information:

Dr. Barbara Gál, Associate

barbara.gal@gfplegal.com

+ 36 1 270 99 00