RED Network

yes

Qualitative Info

- Equal Treatment Authority:[1] the ETA is the equality body (under the relevant EU Directives), dealing with discrimination cases on all grounds listed in the Equal Treatment Act.

Its task are the following: 1) investigating discrimination cases upon individual request or ex officio; 2) it can monitor and evaluate the Equal Opportunity Plans of employers upon request 3) it can file lawsuits representing victims of discrimination; 4) issuing opinions about relevant legislative documents and governmental policy plans; 5) providing information and counselling to victims of discrimination; 6) reporting to the government about its experiences;7) to offer mediation services within the public administration procedure system.

 - Courts competent in the field of civil law:[2] in discrimination cases where the plaintiff’s personal rights were violated, civil law court proceedings might be chosen by the plaintiff, especially if his/her aim is to get reimbursed financially (regarding financial and non-financial losses). The disadvantage of the proceedings of the civil courts might be the time and cost (because of the court fees and lawyer’s fees) involved.

 - Parliamentary Commissioners[3] (in discrimination cases, typically the Ombudsman for Civil Rights or the Minority Rights Ombudsman[4] is competent): the Ombudsmen can 1) investigate complaints personally; 2) request information and data from authorities for the purpose of an investigation; 3) request a report from the authorities regarding investigated cases; 4) request a written explanation or position from authorities regarding investigated cases.

Additionally, the Ombudsmen might 1) turn to the Constitutional Court; 2) seek action by the prosecutor; 3) initiate legislative changes; 4) initiate disciplinary procedures against public officers. The Ombudsmen should start criminal procedeedings if there is a suspicion of criminal conduct.

 In case of discrimination by the police or other law enforcement bodies

 - Independent Law Enforcement Complaint Board:[5] this Body (which might be considered as a form of specific ombudsman institution) offers free-of-charge procedures for the (presumed) victims of discrimination (if the police or other law enforcement actor was involved in the violation of the principle of equal treatment). The Independent Law Enforcement Complaint Body issues only legally non-binding recommendations.

 In cases of discrimination in the field of employment

 - Labour Courts: in (presumed) cases of discrimation in the field of employment (not just concerning actual employment relations, but unlawful conduct related to recruitment as well) victims might bring their cases to one of the Labour Courts (there is a Labour Court in each of the 19 counties of Hungary, and the twentieth Labour Court is in the capital city, Budapest). The term of limitation is three years (from the date of the presumably unlawful conduct) concerning cases related to employment, and in some specific cases (unlawful termination or modification of the employee’s contract) legal claims must be filed within 30 days (from the date of the presumably unlawful conduct). The plaintiff can make a claim for compensation.

 - National Labour Inspectorate: the Inspectorate’s scope of authority is not limited to the monitoring of work safety issues, but covers equal treatment issues as well. The Inspectorate can implement an offence procedure, or can recommend or issue sanctions.

 In cases of discrimination in the field of education^[6]

 - National Office for Education:[7] the Office can 1) warn the concerned educational institution that a supposedly unlawful conduct was reported; 2) initiate procedures before different authorities; 3)initiate petty offence procedures; 4) initiate judicial procedures (aimed at the nullification of an unlawful measure or decision) – or might issue a fine

 - Governmental Commissioner for Educational Rights: alleged victims of discrimation in the field of education can turn to the Commissioner if other attempts for remedy (except court procedure) are exhausted, and the incident or unlawful conduct occured no more than a year before. The Commissioner can initiate dialogue between the parties, aimed at facilitating agreement. If these attempts turn out to be unsuccessful, the Commissioner can issue recommendations to the educational institution, or carry out an investigation in cases where the unlawful conduct might violate the rights a larger group of citizens.

 In cases of discrimination in the field of access to services and goods (according to the position of the ETA^[8] including financial institutions[9])

 - National Consumer Protection Authority: in discrimination cases, the Authority has the power to issue sanctions.

 - Public Notaries: in certain local cases of discrimination in the field of access to services and goods, public notaries might also issue sanctions.

 In cases of discrimination in the field of health care

 - Regional National Public Health and Medical Officer Service:[10] this authority can issue a fine against violators of the principle of equal treatment.

 - Health Insurance Inspectorate: this authority can also issue sanctions on cases of discrimination.

In addition to the abovementioned mechanisms and institutions, reference must also be made to the following:

 - The 2002 Act on Mediation regulates services offered by mediators[11] (in certain discrimination cases, mediation might be the appropriate tool for solving a dispute.)

 - For people in need, there is the“People’s Advocate”[12] network, regulated by the Act on legal assistance [13]. This network offers free information services and legal services for moderate fees, according the economical condition of the clients.

 - In employment-related cases, the Legal Aid Point Network[14] (maintained by trade unions and employers’ union, supported by the European Social Fund) offers free counselling services for emloyers, employees and entrepreneurs, at 151 places throughout the country. The travel costs to the venue of the client service are reimbursable upon request, taking into account the client’s economic conditions.

 -  The Roma Antidiscrimination Costumer Service Network (IRMRAÜH, maintained by the Ministry of Justice and Law Enforcement[15]). Besides providing legal assistance, this feature of the Hungarian Ministry for Justice and Law Enforcement serves as a rich source of exemplary cases. The Anti-Discrimination Case Collection,[16] presenting the cases dealt by IRMRAÜH, is a valuable handbook for activists and lawyers.

 - However, given the complexity of the legal framework for seeking justice/remedy,[17] there is a need for legal guidance and assistance, provided by NGOs, for the victims of discrimination. One of the most significant actors in this field is NEKI / Másság Foundation, which releases a so called ‘White Booklet’[18] (containing the summaries of organisation’s complaint cases), which is another unique source of information for human rights activists, lawyers and researchers. This organization provides awareness raising trainings for different groups of professionals (e.g. patient right representatives) and uses innovative methods for sensitivity and awareness raising (e.g. theatre plays for youngsters on discrimination[19]). The NGO Kézenfogva Foundation published a collection of discrimination case descriptions (within the framework of a project aimed at providing information and legal aid services for people living with disability), presenting the experiences of people living with mental disabilities or autism.[20]

 The legal framework provides NGOs with the conditions for strategic litigation.

---

 

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no

Qualitative Info

due to data protection constraints data collection is not effective, unsuited for policy control

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yes

Qualitative Info

 According to the Act CXXV of 2003 on Equal Treatment and the Promotion of Equal Opportunities, Article 11 on "Positive discrimination":

(1) The measure aimed at the elimination of inequality of opportunities based on an objective assessment of an expressly identified social group is not considered a breach of the principle of equal treatment if

a) it is based on an act, on a government decree based on an act or on a collective contract, effective for a definite term or until a specific condition is met,

b) the election of a party’s executive and representative organ and the setting up of a candidate at the elections defined at the Act on the Electoral Procedures is executed in line with the party’s fundamental rules.

(2) A measure aimed at evening out a disadvantage shall not violate any basic rights, shall not provide unconditional advantage, and shall not exclude the consideration of individual circumstances.

---

Source:

2003. évi CXXV. törvény az egyenlő bánásmódról és az esélyegyenlőség előmozdításáról (Act CXXV. of 2003 on equal treatment and the promotion of equal opportunities), http://www.egyenlobanasmod.hu/data/Act_CXXV_2003%20English.pdf (Date of Access: 13.12.2011).

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no

Qualitative Info

Despite recurring policies aimed at improving the situation of disadvantaged groups, first of all, the Roma, widely adopted and implemented policies do not exist.

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Yes.

Qualitative Info

- For people in need, there is the “People’s Advocate”  [1] network, regulated by the Act on legal assistance [2]. This network offers free information services and legal services for moderate fees, according the economical condition of the clients.

 - In employment-related cases, the Legal Aid Point Network[3] (maintained by trade unions and employers’ union, supported by the European Social Fund) offers free counselling services for emloyers, employees and entrepreneurs, at 151 places throughout the country. The travel costs to the venue of the client service are reimbursable upon request, taking into account the client’s economic conditions.

 -  The Roma Antidiscrimination Costumer Service Network (IRMRAÜH, maintained by the Ministry of Justice and Law Enforcement[4]). Besides providing legal assistance, this feature of the Hungarian Ministry for Justice and Law Enforcement serves as a rich source of exemplary cases. The Anti-Discrimination Case Collection,[5] presenting the cases dealt by IRMRAÜH, is a valuable handbook for activists and lawyers.

 - However, given the complexity of the legal framework for seeking justice/remedy,[6] there is a need for legal guidance and assistance, provided by NGOs, for the victims of discrimination. One of the most significant actors in this field is NEKI / Másság Foundation, which releases a so called ‘White Booklet’[7] (containing the summaries of organisation’s complaint cases), which is another unique source of information for human rights activists, lawyers and researchers. This organization provides awareness raising trainings for different groups of professionals (e.g. patient right representatives) and uses innovative methods for sensitivity and awareness raising (e.g. theatre plays for youngsters on discrimination[8]). The NGO Kézenfogva Foundation published a collection of discrimination case descriptions (within the framework of a project aimed at providing information and legal aid services for people living with disability), presenting the experiences of people living with mental disabilities or autism.[9]

---

Sources:

[1] ‘Nép Ügyvédje’.

 

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Yes.

Qualitative Info

Within the Hungarian legal framework, discrimination cases differ from other cases regarding the burden of proof.

 

In disputes other than discrimination cases concerning all grounds, the burden of proof lies on the party alleging the facts. In discrimination cases, according to the Equal Treatment Act:[1] ‘(1) In procedures initiated because of a violation of the principle of equal treatment, the injured party or the party entitled to assert claims of public interest must prove that a) the injured person or group has suffered a disadvantage, and b) the injured party or group possesses characteristics defined in Article 8.[2] (2) If the case described in Paragraph (1) has been proven, the other party shall prove that a) it has observed or b) in respect of the relevant relationship was not obliged to observe, the principle of equal treatment.’ However, the article makes clear that the provisions ‘shall not apply to criminal procedures and to procedures of petty offences’.

 

As for the specific rules for admissible evidence in discrimination cases, the method of situational testing should be mentioned.[3] This feature was introduced by the Government Decree on the Equal Treatment Authority,[4] and used only for the procedures of the Equal Treatment Authority: ‘

 

The Authority may conduct tests in order to check compliance with the obligation of equal treatment. During such testing, the Authority involves other persons that are different regarding their position, characteristics or attributes … but are otherwise similar and puts them into an identical situation regarding the conduct, measures, condition, omission, instruction or practice …or the person drawn under the procedure, and examines the disposition of the person drawn under the procedure regarding compliance with the obligation of equal treatment.’

 

 

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Yes, but only at the equality body.

Qualitative Info

 The rules applicable for discrimination cases are similar to the general rules of civil procedure. The criteria to be fulfilled in cases when individuals initiate procedures are a personal and a direct interest.

 The Equal Treatment Act introduced the possibility of public interest claims[1] (in discrimination cases) under personal and labour law. Prior to this legislation, assertion of claims of public interest was available only in consumer protection cases. The justification of this legal feature is that both in the field of anti-discrimination and consumer protection, the power relations between companies/employers/institutions and individuals are apparently unbalanced.

 In cases of public interest claims (when the unlawful conduct might affect an undefinable group of persons) human rights and minority rights NGOs and other interest protection organizations (e.g. trade unions) have the right to initiate proceedings. In other discrimination cases, individuals (presumed victims) stand in front of the court, while NGOs or other organizations might provide them with legal representation through lawyers, contracted by the organization.

The role of associations is not limited to advocacy or legal counselling. Within the legal framework of anti-discrimination, human rights and minority rights NGOs and other interest protection organizations (e.g. trade unions) have the right to initiate proceedings in cases of public interest claims (when the unlawful conduct might affect an undefinable group of persons). In other discrimination cases, NGOs or other organizations can provide the alleged victims of discrimination with legal aid/assistance, provided by individual lawyers, contracted by the organization.

 

 

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yes, but limited to procedures at the equality body

Qualitative Info

The rules applicable for discrimination cases are similar to the general rules of civil procedure. The criteria to be fulfilled in cases when individuals initiate procedures are a personal and a direct interest.

 The Equal Treatment Act introduced the possibility of public interest claims (in discrimination cases) under personal and labour law. Prior to this legislation, assertion of claims of public interest was available only in consumer protection cases. The justification of this legal feature is that both in the field of anti-discrimination and consumer protection, the power relations between companies/employers/institutions and individuals are apparently unbalanced.

 In cases of public interest claims (when the unlawful conduct might affect an undefinable group of persons) human rights and minority rights NGOs and other interest protection organizations (e.g. trade unions) have the right to initiate proceedings. In other discrimination cases, individuals (presumed victims) stand in front of the court, while NGOs or other organizations might provide them with legal representation through lawyers, contracted by the organization.

 Under the effect of the Equal Treatment Act, the assertion of claims of public interest (‘actio popularis’) is available in cases where ‘the violation of the principle of equal treatment was based on a characteristic that is an essential feature of the individual, and the violation of law affects a larger group of persons that cannot be determined accurately’:[1] ‘(1) A lawsuit under personal or labour law because of a violation of the principle of equal treatment before the court can be initiated by a) the Public Prosecutor, b) the Authority, or c) the social and interest representation organisation.[2] In the above described cases, non-governmental organizations and interest representation organisations may instigate a procedure at the ETA.[3]

 The procedures of the Equal Treatment Authorities are regulated by the Act on the General Rules of Public Administration Procedures and Services [4] and by a government decree (on the establishment and competences of the Equal Treatment Authority and the detailed rules of its procedures).[5] According to these legal acts, the Equal Treatment Authority (ETA) can conduct investigations to decide whether the requirement of equal treatment was violated or not. Investigations by the ETA are initiated upon request or ex officio.

 According to its scope of authority, the ETA has the prower to initiate procedures, in cases of direct or indirect disrimination, in the fields of personal law and employment law.

The role of associations is not limited to advocacy or legal counselling. Within the legal framework of anti-discrimination, human rights and minority rights NGOs and other interest protection organizations (e.g. trade unions) have the right to initiate proceedings in cases of public interest claims (when the unlawful conduct might affect an undefinable group of persons).

 

 

 

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yes

Qualitative Info

The types of sanctions

Penal, administrative and civil sanctions applied in discrimination cases do not differ from sanctions applied for other disputes in the same field.

 

As a significant proportion of discrimination cases occur in the field of employment, the Labour Code[1] should be mentioned here. In cases of unlawful termination of employment, the judge is empowered to decide on the scale of compensation within the range of the amount from two to twelve months’ salary of the claimant. Additionally, the employer has to reimburse the claimant’s missed salary and other benefits, or other losses.

The Labour Code was amended in 2009.[2],The amended text defines the concept of “serious violation” of the requirement of legal employment. The main criterion for determining the existence of a serious violation is the recurrence of the illegal conduct (e.g. discriminatory conduct) of the employer.

 

In cases of discrimination, the Equal Treatment Authority is also competent to establish the serious violation of the requirement of legal employment (as equal treatment is considered to be an essential element of legal employment).If the same illegal, discriminative conduct occurs more than once within two years, the judgment is published on the webpage of ETA, and the employer is put on a list, which results in exclusion from public procurement procedures and exclusion from access to governmental and EU support funds.

If the ETA establishes the violation of the requirement of equal treatment, the following sanction may apply: 1) order to stop discrimination (non-legal conduct), 2) order to avoid the continuation of the unlawful conduct in the future; 3) publishing the decision that establishes the violation of the requirement of equal treatment), 4) issuing additional fines. The amount of the fine to be issued ranges from 50.000 HUF (approx. 175 EUR) to 6.000.000 HUF (approx. 21.000 EUR). With respect to judgments issued by the ETA, they are legally binding, no appeal within the framework of public administrative proceedings is possible;[3]. The decisions of the ETA are not modifiable or anullable within the minister’s[4] authority[5]. It is however possible to request judicial review of the decision by the Supreme Court.

 

The National Labour Inspectorate can 1) warn the employer to stop the unlawful conduct (e.g. discriminatoryconduct); 2) order the employer to avoid the continuation of the unlawful conduct in the future; 3) recommend the issuance of a fine against the employer (the amount of the fine depends on certain conditions, e.g. the size of the company).

 

The National Office for Education[6] can issue a fine.

 

The National Consumer Protection Authority can 1) order termination of the discriminatory conduct; 2) order to avoid the continuation of the unlawful conduct in the future; 3) ban the sales of goods or services 4) issue a fine for the violator.

 

In cases of discrimination, the public notary can order the closure of the shop (for a pre-defined period of time).

 

The Regional National Public Health and Medical Officer Service[7] can issue a fine against violators of the principle of equal treatment (up to the amount of 50,000 Ft, approx. 200 EUR)

 

The Health Insurance Inspectorate can 1) order termination of the discriminatory conduct; 2) order to avoid the continuation of the unlawful conduct in the future; 3) fine the violators of the principle of equal treatment.

 

Rules on compensation

 

There are no specific rules set for the calculation of compensation in discrimination cases.

 

One of the most typical fields for the occurrence of unequal treatment is the field of employment. The Labour Code[8] provides detailed rules on the calculation of compensation.[9] In cases of unlawful termination of employment, the judge is empowered to decide on the scale of compensation within the range of the amount from two to twelve months’ salary of the claimant. Additionally, the employer has to reimburse the claimant’s missed salary and other benefits, or other losses.

 

The law does not provide upper limits regarding the nominal amount of compensation. If it comes to the calculation of the compensation, there is no “maximum amount of salary” defined.

 

Assessment

 

Given the lack of statistical data on the judicial procedures and decisions, it is almost impossible to provide a reliable assessment on the legal sanctions adopted in Hungary.

 

The sanctions adopted by courts would be, theoretically, satisfactory to address problems of discrimination, especially the compensation of the victims of unequal treatment.

 

Most of the sanctions adopted by authorties – including the ETA, National Labour Inspectorate, National Office for Education, the National Consumer Protection Authority and the Health Insurance Inspectorate – are considered to be ineffectively soft and far from dissuasive, such as the “warning/order to stop discrimination (non-legal conduct)”, “warning/order to avoid the continuation of the unlawful conduct in the future”; or publishing the decision that establishes the violation of the requirement of equal treatment.

 

Only fines might be dissuasive (adopted by the ETA, National Office for Education, the National Consumer Protection Authority, the Health Insurance Inspectorate, Regional National Public Health and Medical Officer Service) or the ban on selling goods or services (adopted by the National Consumer Protection Authority or the public notaries).

 

As for the concept of “serious violation of the requirement of legal employment”, defined by the Labour Code amendment of 2009[10] (reccurence of illegal conduct) it is to be noted that the previous provisions were considered as disproportionate. According to the previous provisions, even a single discriminatory conduct (e.g. a harrassment case of one of the officers) might result, at least theoretically, in serious consequences for the whole company or institution (exclusion from public procurement, exclusion from access to EU or domestic funds).

 

 

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No comprehensive information is available.

Qualitative Info

Given the lack of comprevensive statistical data on court decisions related to discrimination (e-g. at labour courts), a comprehensive answer can not be given. The decisions of the Equal Treatment Authority (ETA) are not considered deterrent enough (in many cases, the sanction is only "publishing the name of the violator" or "clamining that the violator should stop te violation"). Besides this,  the number of complaints filed with the ETA are very low.

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no

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No.

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Yes.

Qualitative Info

The existing law on public servants, employed in the public sector (Act 1992. XXXIII.) does not require Hungarian citizenship as a criterum from the employment, migrants are excluded only in some special cases. In general, public servants' positions are available for those migrants who have residence permit or permanent residence permit.

In the case of civil servants, employed in the governmental sector, jobs are not available for those who are not Hungarian citizens ( Act 1992. XXIII.)

-----------------------------------------------------------------------

Act 1992. XXXIII. available in Hungarian at http://www.kozszolga.hu/kozalkalmazotti_torveny (last accessed: 13.01.2012) 

Act 1992. XXIII available in Hungarian at http://net.jogtar.hu/jr/gen/hjegy_doc.cgi?docid=99200023.TV (last accessed: 13.01.2012)

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No.

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No.

Qualitative Info

No.

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No.

Qualitative Info

There are no significant initiatives to report.

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No explicit evidence is available.

Qualitative Info

The Equal Treatment Authority did not publish[1] information on violation of the requirement of equal treatment on the grounds of racial origin, colour, nationality, origin of national or ethnic minority in the field of housing, in 2011.

-------------

[1] See the webpage of the Equal Treatment Authority: http://www.egyenlobanasmod.hu/jogesetek/jogesetek#y2011(last accessed: 12.03.2012.)

 

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Yes.

Qualitative Info

According to polling data, the Roma.

--------------

European Union: European Agency for Fundamental Rights, Housing discrimination against Roma in selected EU Member States. An analysis of EU-MIDIS data, October 2009, available at: http://www.unhcr.org/refworld/docid/4addc8522.html [accessed 28 February 2012]

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Yes.

Qualitative Info

The College for Advanced Studies in Social Theory (Társadalomelméleti Kollégium, TEK) and Autonómia Foundation (Autonómia Alapítvány) with the contribution of Habitat for Humanity Hungary (Habitat for Humanity Magyarország) organised summer camps for volunteers in deprived villages in South-Western Hungary, aimed at helping families living in deep poverty (most of them Roma) to renovate their homes.

--------------------------------------------------

http://homokozo.tek.bke.hu/szepitotabor/ (last accessed: 13.01.2012)

External Url http://homokozo.tek.bke.hu/szepitotabor/

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There is no information available.

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No.

Qualitative Info

There is no information available.

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Yes.

Qualitative Info

Roma pupils often show poorer educational performance because of their low socio-economical status and poor living conditions (malnutrition, overcrowded housing), and because their disadvantages are aggravated by the education system itself. According to Roma rights NGOs, an increasing number of Roma children are deprived of equal education opportunities because of school segregation. Roma children are also overrepresented in special schools for the intellectually disabled due to discrimination.(1)
According to academic findings, the high drop-out rate of Roma girls because of early marriage or early motherhood is also a worrisome phenomenon.(2)

-----------------------------------------------

(1) Hungary - NGO Submission to the UN Universal Periodic Review, 2011, available at: http://www.errc.org/cms/upload/file/hungary-upr-08112010.pdf (22.02.2012)
(2) Balogh, L., Kóczé, A.: Current Issues in Europe Regarding the Social and Political Inclusion of Romani Women (policy paper issued for the Roma Women in Focus conferene held in Budapest, on the 7th April, 2011).

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Yes.

Qualitative Info

The attachment (Analysis of Situation) of Social Inclusion National Strategy's data indicates that the educational level of Roma population is quite low compared to the majority population. Education level of Roma population between 18-59 years old:
- less than 8 class: 34,5%  (non-Roma: 2,8%)
- 8 class=primary school: 50,9%  (non-Roma: 24,2%)
- secondary school without matura: 2,8 (non-Roma: 2,8%)
- secondary school with matura: 2,5% (non-Roma: 27, 9%)
- university degree: 0,7% (non-Roma: 12,9%).(1)
According to academic findings, the high drop-out rate of Roma girls because of early marriage or early motherhood is a worrisome phenomenon. (2)

______________________________________

(1) http://romagov.kormany.hu/download/9/e3/20000/Strat%C3%A9gia_1sz_mell%C3%A9klet_Helyzetelemz%C3%A9s.pdf (last accessed: 12.01.2012)
(2) Balogh, L., Kóczé, A.: Current Issues in Europe Regarding the Social and Political Inclusion of Romani Women (policy paper issued for the Roma Women in Focus conferene held in Budapest, on the 7th April, 2011.

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Yes.

Qualitative Info

The Roma Medical Education Programme of the Semmelweis University (Budapest) and the Avicenna International College is targeting young Roma people preparing for medical studies. The 15-weekend long series of seminars (main subjects: Sciences, English) take place in Budapest. (1)

Romaversitas Foundation provides scholarships and non-financial help (mentoring, weekend courses) for Roma students in higher education.(2)
_________________________________
(1) http://cigany-orvoskepzes.eu/ (last accessed: 12.01.2012)
(2) http://www.romaversitas.hu/ (last accessed: 12.01.2012)

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Yes.

Qualitative Info

A report of a research (1) on peer violence in schools, which was implemented by the National Institute of Child Health, implemented in cooperation with the World Health Organisation in 2010, indicates that one third of the children in the national sample of almost 8,000 was affected by peer harassment or bullying, either as victims or offenders.

___________________________________
(1)Zsiros, Emese-Örkényi, Ágota (2011) School, peer violence (Iskola, kortársbántalmazás) .in: Németh, Ágnes-Költő, András (eds.). Serdülőkorú fiatalok egészsége és életmódja, Országos Gyermekegészségügyi Intézet, Budapest

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Yes.

Qualitative Info

Act LXXVII of 1993 on the Rights of National and Ethnic Minorities (entry in force: 25 November 2005) ensures members of recognized minorities' right to learn their own mother tounge and take part in minority education, where the language of teaching is the minority's mother tounge.

"Article 13
Persons belonging to a minority have the right to
a) learn, foster, enrich and pass on their mother tongue, history, culture and traditions;
b) participate in minority language education and cultural activities;
c) have their personal data related to their minority status protected as determined by a separate Act"

"Article 18
(1) Public service television and radio stations ensure – within an independent organisational unit and with resources allocated for this purpose alone, as provided for in a separate Act – that national and ethnic minority programmes are produced, broadcast and disseminated on a regular basis.
(2) On territories inhabited by minorities, the government promotes – also through international contracts – the reception of radio and television programmes from the kin state.
(3) Minority communities have the right to
5
a) initiate and take part in the creation of the necessary conditions for minority kindergarten, primary, secondary and higher education, and initiate and take part in the creation of the necessary conditions of complementary minority education through their national minority self-governments,
b) establish their own educational, training, cultural and scientific institutional network at national level within the boundaries of existing laws.
(4) The Republic of Hungary – within the framework of its laws – guarantees the rights of minority communities to hold their own events and celebrate their own feasts free from disturbance, to preserve and maintain their architectural, cultural and religious relics, to preserve, foster and pass on their traditions, and to use their cultural symbols."

______________________________________

http://www.nek.gov.hu/data/files/128823812.pdf (last accessed: 12.01.2012)

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Yes.

Qualitative Info

A training package for teacher training education was published to promote future teachers's abilities for intercultural education in public education.

________________________________________

www.wekerle.gov.hu/download.php?doc_id=2340 (last accessed: 13.01.2012)

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Yes.

Qualitative Info

Babel Intercultural Pedagologycal Project is operated by Artemisszió Foundation, a non-profit NGO founded in 1998 by young cultural anthropologists. Through its programs that promote intercultural pedagogy, diversity management, conflict prevention and resolution, and various workshops the Project aims to improve primary school students' multicultural thinking.

_________________________________

Website of the NGO: Artemisszio.hu, Babel Project available at: http://artemisszio.hu/index.php?option=com_content&view=article&id=299%3Ababel-program&catid=1%3Ahirek-felhivasok&Itemid=29&lang=en (last accessed: 22.02.2012)

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No.

Qualitative Info

No.

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Yes.

Qualitative Info

 

As a study indicated, 66.3% of the Roma above the age of 19 are chronically ill. 16.1% of them has more than one disease and 23% suffers from three or more diseases. The prevalence rates of the 20 most common medical illnesses are two times higher among Roma. Diseases significantly frequent among Roma population:
- cancer (2x)
- asthma, gastrointestinal diseases (5x)
- infectious pulmonologycal diseases, iron deficiency anomia, visual impairment (10x). [1]

_____________________________________________

(1)Babusik, Ferenc: Barriers of equal opportunity in Hungary (Az esélyegyenlőség korlátai Magyarországon). L’Harmattan Kiadó, 2005.pp 60-90.

http://romagov.kormany.hu/download/9/e3/20000/Strat%C3%A9gia_1sz_mell%C3%A9klet_Helyzetelemz%C3%A9s.pdf (last accessed: 12.01.2012)

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Yes.

Qualitative Info

According to a study (1) referenced in the attachment 'Analysis of situation' of the Social Inclusion National Strategy, there are diseases significantly more frequent in Roma population than in the non-Roma population:
- cancer (2x)
- asthma, gastrointestinal diseases (5x)
- infectious pulmonologycal diseases, iron deficiency anomia, visual impairment (10x).

_________________________________________________-

(1)Babusik, Ferenc: Barriers of equal opportunity in Hungary (Az esélyegyenlőség korlátai Magyarországon). L’Harmattan Kiadó, 2005.pp 60-90.

http://romagov.kormany.hu/download/9/e3/20000/Strat%C3%A9gia_1sz_mell%C3%A9klet_Helyzetelemz%C3%A9s.pdf (last accessed: 12.01.2012)

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Yes.

Qualitative Info

Residenst without a Social Insurance Card are not entitled to insurance based health services. Social Insurance Card might be obtained after at least two years' permanent and registered residence (at the same address) in Hungary.

------------------

See: http://www.oep.hu/pls/portal/docs/PAGE/LAKOSSAG/OEPHULAK_EBELLAT/ACH%C3%8DVUM%202010/KULFOLDIEK_MOI_ELLATASRA_JOG.PDF

External Url http://www.oep.hu/pls/portal/docs/PAGE/LAKOSSAG/OEPHULAK_EBELLAT/ACH%C3%8DVUM%202010/KULFOLDIEK_MOI_ELLATASRA_JOG.PDF

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No data.

Qualitative Info

No data are available.

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Yes.

Qualitative Info

The Colourful Pearls Association (Színes Gyöngyök Egyesület) of Roma women in Pécs organizes intercultural mediation programs in order to manage conflicts in the health care system and to facilitate the accomodation of Roma traditions in  health care facilities. [1]
___________________________________
[1] Színes Gyöngyök Egyesület, available at: http://www.szinesgyongyok.hu/#celjaink_tevekenysegeink (last accessed: 23.02.2012)

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Yes, with reservations.

Qualitative Info

"Besides Hungarian nationals, only EU citizens have the right to stand for office at local/municipal elections, with the reservation that only Hungarian citizens are allowed to run for mayor of any municipality [1]

Only Hungarian citizens have the right to stand for elections at national level. [2]

---

[1] Hungary, Act L. of 2010 on the election of local council representatives and mayors (2010a) (2010. évi L. törvény a helyi önkormányzati képviselők és polgármesterek választásáról), 14 June 2010.
[2] Hungary, Act XXXIV. of 1989 on the election of members of Parliament (1989. évi XXXIV. törvény az országgyűlési képviselők választásáról)."

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No information.

Qualitative Info

No information / data are available on practical obstacles.

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With reservations.

Qualitative Info

Third country nationals with permanent residence permit and EU citizens have the right to stand for office at local/municipal elections.

Only Hungarian citizens have the right to stand for elections at national level. [1]

---------------------------------------------

[1] http://www.vokscentrum.hu/torveny/index.php?jny=hun&mszkod=220000&torvid=3 (last accessed: 23.02.2012) 

and 

http://www.vokscentrum.hu/torveny/index.php?jny=hun&mszkod=210000&torvid=2 (last accessed: 23.02.2012)

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Yes.

Qualitative Info

Act LXXVII of 1993 on the Rights of National and Ethnic Minorities (amendments entry in force: 25 November 2005) ensures members of recognized minorities' right to self government.

" Article 5

(1) In the Republic of Hungary minorities have a right to establish local, regional and national self-governments (hereinafter uniformly: minority self-governments).

(2)  Only  those  voting  citizens  have  the  right  to  take  part  in  the  initiation  of  the establishment as well as in the election of minority self-governments, who are included in the minority election register (hereinafter: minority election list). One voting citizen may be included exclusively in one minority election list. Detailed provisions concerning the minority election lists are regulated in a separate law.

(3) The representation of any minority may be undertaken by a candidate who is included in the minority election list. The right of representing a minority may be exercised with respect to only one minority.

Article 5/A

(1) The basic function of minority governments is to protect and represent the interests of minorities by performing their duties and exercising their statutory authority.

(2) This Act regulates the legal status of minority self-governments, their rights and obligations, their structure, the terms of their operation, the particular regulations of their management, and the relations between central state bodies, municipal governments and minority self-governments."

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No.

Qualitative Info

No.

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No.

Qualitative Info

No.

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No relevant information is available.

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No.

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Act XLIV of 2010 amending Act LV of 1993 on the Hungarian Nationality.

Qualitative Info

Act XLIV of 2010 amending Act LV of 1993 on the Hungarian Nationality [1] was passed by the plenary session on 26 May 2010.

The modification entered into force only on 1 January 2011, but requests for preferential acquisition of Hungarian citizenship were already received from 20 August 2010.

Major changes in the law:

 

"a. Naturalisation

i. The conditions for non-preferential naturalisation contain a more restrictive public order requirement [Art.4(1)d]. Accordingly, a non-Hungarian citizen may be
naturalised upon request if his/her naturalisation is not considered to be a threat to the public order or national security of the Republic of Hungary – replacing the
formula of ‘a threat to the interest of the state’ in the previous version of the law. 

ii. The strongest option of preferential naturalisation will be offered to non-Hungarian citizen whose ascendant was a Hungarian citizen or whose origin from
Hungary is probable, and whose Hungarian language knowledge is proved. This applicant has to meet two further requirements: first, a clean criminal record
according to Hungarian laws and not being indicted in any criminal proceedings before a Hungarian court; second, his/her naturalization must not be considered a
threat to the public order or national security of the Republic of Hungary. [Art.4(3)] In brief, unlike for ordinary naturalisations, neither residence or
subsistence in Hungary, nor a test on knowledge of the constitution is required. Furthermore, proof of Hungarian language knowledge may not be required for
persons who are legally incompetent or of diminished mental capacity. [Art 4(8)] These applicants (minors, mentally disabled persons) can probably submit their
own claims for naturalisation without any test or certificate. According to the Explanatory Note to the bill the strongest mode of preferential naturalisation refers
back to the referendum of 5 December 2004 on dual citizenship for ethnic Hungarians living in the adjacent states, which was invalid due to low turnout but
was supported by the majority of participants.

 

b. Re-naturalisation

i. Upon request, a person whose Hungarian citizenship was ceased can be renaturalised under the same conditions as for applicants of Hungarian ancestry: the
applicant’s language knowledge must be proved, the applicant must have a clean criminal record according to Hungarian laws and not be indicted in any criminal
proceedings before a Hungarian court, and his/her naturalisation must not be considered a threat to the public order or national security of the Republic of
Hungary [Art 5]. This new provision eliminates residence and subsistence conditions in Hungary, while the applicant’s language-knowledge shall be tested
or certified somehow. There is no explanation for these changes in the Explanatory Note.

 

c. Procedural and competence rules in matters of nationality

i. The applicant for naturalisation shall take an oath or pledge of allegiance before the local mayor, orif he or she does not reside in Hungary, before the
representative of the competent foreign mission of Hungary [Art 7(1)]. 

ii. Applications in nationality issues shall be submitted to the local/regional registrar office, consular office or to the responsible unit (of the Ministry of Justice and Public Administration) [Art 13(1)]. This competent unit shall be determined by the Government [Art.24(4)].

iii. This responsible unit (of the Ministry of Justice and Public Administration) will prepare the applications for naturalisation and re-naturalisation and finally forward
these to the Minister. The duration of the ministerial preparatory procedure will not be longer than three months, not including the periods for obtaining required
documents and expert opinion from other authorities. Within these three months the Minister has to submit applications to the President for decision. [Art 17(2)] This new subsection means an accelerated procedure compared to the previous one, which could last for years. However, the Bill provides no further personnel or resources to these extra administrative burdens and the whole naturalisation procedure remains free of charge for applicants." [2]

 

---------------------------------------------------------------------------

[1] Act XLIV of 2010 amending Act LV of 1993 on the Hungarian Nationality, available at: http://www.complex.hu/kzldat/t1000044.htm/t1000044.htm (last accessed: 23.02.2012)

[2] Tóth, Judit  'Changes to the Hungarian Citizenship Law, July 2010', available at: http://eudo-citizenship.eu/docs/CountryReports/recentChanges/Hungary.pdf, pp. 1-2, (last accessed: 23.02.2012)

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Yes.

Qualitative Info

In May 2011, the Government signed a Framework Agreement with the National Roma Council  on the national strategy of social inclusion of Roma which includes plans on integrating at least 100,000 people of Roma origin into the labour market till 2015.

The new National Social Inclusion and Roma Strategy, aimed to fulfill the requirements of the European Roma Inclusion Framework Strategy, was adapted on 13th of December 2011.

See Governmental resolution (No. 1430/2011.) on the implementation of the National Social Inclusion and Roma Strategy in 2012-2014: http://romagov.kormany.hu/download/6/67/20000/MK149_1_1.pdf (last accessed: 13.01.2010)

 

 

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No.

Qualitative Info

No.

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Roma (and the socioeconomically disadvantaged).

Qualitative Info

The Social Inclusion National Strategy aims to address the situation of the Roma and the socieconomically disadvantaged.

____________________

http://romagov.kormany.hu/download/9/e3/20000/Strat%C3%A9gia_1sz_mell%C3%A9klet_Helyzetelemz%C3%A9s.pdf (last accessed: 12.01.2011)

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Yes.

Qualitative Info

The Social Inclusion National Strategy, adapted in December 2011,  includes a complex approach on the involvement of disadvantaged people into the labour market, e.g. through vocational training and adult education. (1)

__________________________________

1) See Governmental resolution (No. 1430/2011.) on the implementation of the National Social Inclusion and Roma Strategy in 2012-2014, available at:  http://romagov.kormany.hu/download/6/67/20000/MK149_1_1.pdf (last accessed: 23.02.2012)

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No.

Qualitative Info

No tangible results.

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No.

Qualitative Info

No.

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No.

Qualitative Info

Thre is no clear definition.

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No.

Qualitative Info

No, only Roma and economically disadvantaged groups.

See: http://romagov.kormany.hu/download/8/e3/20000/Stratégia.pdf (last accessed: 15.01.2012)

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No.

Qualitative Info

No.

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No.

Qualitative Info

No.

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Yes.

Qualitative Info

Act LXXVII of 1993 on the Rights of National and Ethnic Minorities recognised the following national and ethnic minorities: Bulgarian, Roma, Greek, Croatian, Polish, German, Armenian, Romanian, Ruthenian, Serbian, Slovakian, Slovenian and Ukrainian. These minorities got special rights on the basic of self-identification, historical ties to the country and at least one-hundred years of presence in the country.
 ______________________________
http://www.mtaki.hu/docs/cd2/Magyarorszag/tv1993_77ang.htm (last accessed: 12.01.2012)

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No.

Qualitative Info

According to the Act III of 1989, persons who have Hungarian citizenship or resident permit, or permanent resident permit. or settlement permit have the right to practice the freedom of peaceful assembly .

____________________________________________
http://tasz.hu/gyulekezesi-jog/gyulekezesi-jogi-1x1 (last accessed: 12.01.2012)

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No.

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No information is available.

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No.

Qualitative Info

No significant initiatives.

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Yes.

Qualitative Info

The Hungarian public television provides nine different programmes/magazines for the ethnic and national minorities,  while the 'minority channel'  of the public service radio broadcasts in the language of 13 ethnic/national minority communities.

________________________________
See:

http://premier.mtv.hu/Rovatok/Kisebbsegimusorok.aspx (last accessed. 11.01.2012)

http://www.hullamvadasz.hu/index.php3?tanulmany=361&fejezet=2&enciklopedia=1 (last accessed. 11.01.2012)

http://premier.mtv.hu/Rovatok/Kisebbsegimusorok.aspx (last accessed. 11.01.2012)

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The absence of the representatives of the Roma minority is visible.

Qualitative Info

In the past years the Hungarian Televison (public service channel) and the Centre of Independent Media organised media/journalism trainings for Roma students[1], but as of yet there has not been a noticable change in the visible presence of Roma media professionals.

_____________________________________

(1) 'Roma újságíró-gyakornoki program', Független Médiaközpont, available at: http://www.cij.hu/hu/info/programok/roma-ujsagiro-gyakornoki-program (last accessed: 23.02.2012)

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No data.

Qualitative Info

No data are available.

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No data.

Qualitative Info

No data are available.

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