According to the Center for Fundamental Rights, the court decision according to which a person who was born a man but later lives as a woman is also entitled to use the "Women 40" goes against the Basic Law and common sense.
He recalled for Fundamental Rights that the Veszprém Court of Justice recently decided that the legal interpretation that for women to receive a reduced pension after 40 years of work is "restrictive" they must be a woman during the years spent at work.
According to the Center for Fundamental Rights, the court made a decision that is dangerous, incomprehensible, contrary to both written law and common sense, and also goes against the Basic Law, which "by definition does not recognize artificially created concepts such as transgender", as it protects the gender at birth and specifically guarantees special measures for women such as "Women 40".
In this regard, the Center for Fundamental Rights also noted that the court also forgot about its obligations to interpret the law precisely, since the text of legislation must be interpreted primarily in accordance with its purpose and the Basic Law when applying the law, and it must be assumed that it is in accordance with common sense and the common good, they serve a moral purpose.
A decision that consciously ignores the will of the legislator and the purpose of the legislation "is a warning sign that the gender lobby has also reached the courts referring to EU law", which is why the Center for Fundamental Rights supports the proposal of Fidesz representative Gabriella Selmeczi that it is necessary to clarify the legislation.
