Can the rights of the child be a justification for human rights violations?

Abstract

This article examines how Hungarian law restricts the rights of media creators, focusing on the delicate balance between protecting children’s rights and preserving fundamental freedoms. The research method involves a thorough analysis of case law from the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR), alongside a review of legal doctrine and relevant interdisciplinary studies. The Hungarian government has implemented legal measures that justify restricting media content under the guise of child protection, particularly in areas related to gender, sexuality, and family values. The article critically assesses whether such laws, which restrict the freedom of expression of media creators, can be legitimately justified by the need to protect children. By analysing the jurisprudence of the CJEU and ECtHR, the study highlights the tension between the protection of minors and the infringement on the rights of media creators. It explores how these legal frameworks have dealt with similar issues, assessing the balance between child protection and freedom of expression in both the European and international contexts. Ultimately, the article raises key questions about the limits of justifiable legal restrictions, arguing for a careful reconsideration of the relationship between protecting children and upholding fundamental human rights.