Hungary

The legal framework for anti-racims is improving.

Clear
  • Anti-discrimination Legislation & Implementation

    The legal framework for anti-discrimination is, according to the European norms, adequate, however, there is no monitoring system to evaluate the effectiveness of it and the relevant trends.

  • Anti-racist Crime Legislation & Implementation

    The legal framework combating racism is improving, however, there is no monitoring system to evaluate the effectivenes of it and the relevant trends.

     

    • Is there legislation against racist and hate crime?

      yes

      Qualitative Info

      Currently, the Criminal Code includes relevant provisions on:

      genocide;

      apartheid;

      violence against member(s) of a community;

      incitement against community;

      ban of using totalitarian symbols;

      ban of denying genocide or crimes against humanity committed by totalitarian regimes (the latter measure was adopted in the context of a years-long debate on hate speech legislation).

       

      Hungary has not yet ratified the Additional Protocol to the CoE Convention on Cybercrime.

      There is no comprehensive strategy developed (or is not under development) on the transposition of the Council Framework Decision 2008/913/JHA into the Hungarian domestic law.

       

      The Hungarian Criminal Code[1] criminalises six types of behaviour that may fall under the racially/hate motivated category. These are:

      genocide;[2]

      apartheid;[3]

      violence against member(s) of a community;[4]

      incitement against community;[5]

      ban of using totalitarian symbols;[6]

      ban of denying, doubting, or trivialising genocide or crimes against humanity committed by totalitarian regimes.[7]

       

      The article of the Criminal Code on violence against member(s) of a community[8] was amended in 2008.[9] As a result, this article of the Criminal Code, governing previously ‘violence against a member of a national, ethnic, racial or religious group’, was extended to cover any group of the population. The name of the offence was also modified to ‘violence against member(s) of a community’. As a result of the amendment, individuals engaged in the preparation of violence against a member of a community shall also be held criminally liable.[10] Based on the amendments, the new provision is the following: (1) Any person who assaults another person for being part, whether in fact or under presumption, of a national, ethnic, racial, or religious group, or certain groups of the population, or compels her/him by applying coercion or duress to do, not to do, or to endure something, is guilty of a felony punishable by imprisonment for up to five years. (2) The punishment shall be imprisonment between two to eight years if the act or crime is committed: a) by force of arms; b) with a deadly weapon; c) causing a considerable injury of interest; d) with the torment of the injured party; e) as part of a group; or, f) as part of a criminal conspiracy. (3) Any person who engages in preparing violence against a member of a community is guilty of a misdemeanour punishable by imprisonment for up to two years.

      The article of the Criminal Code on incitement against community[11] provides with protection against non-violent conduct motivated by racism, xenophobia or other bias motive (e.g. homophobia[12]), according to which anyone publicly inciting hatred against the Hungarian nation or any national, ethnic, racial or other groups of the population shall face punishment for a felony offence with imprisonment for up to three years.

      The article of the Criminal Code on ban of denying, doubting, or trivialising genocide or crimes against humanity committed by totalitarian regimes[13] originally dealt only with holocaust denial or trivialising (it came into force in February 2010). A few months later, as a result of legislative initiatives of the newly elected Hungarian government, this sub-paragraph was amended (entered into force in July 2010). The new version of this paragraph is extended to the crimes of both ‘national socialist’ and ‘communist regimes’, and the term ‘holocaust’ is no longer there in the text. The current form of this legislation covers a broader range of crimes than the Framework Decision 2008/913/JHA does.

      Since February 2010, which punishes participating in the leadership or in some cases the mere activities of banned associations (e.g. in extremist associations: consider the amendment of the Act on Petty Offences[14]) with up to three years of imprisonment.[15]

      Certain articles of the Criminal Code, such as those covering murder (‘homicide’)[16] or the causing of grievous bodily harm (‘battery’)[17] expressly grant judges the discretion to take into account ‘base motivations’ when sentencing offenders, therefore judges in such cases may thus take racist or other bias motivation into account as an aggravating circumstance.

       

      Concerns and debates regarding legislation in the field of racist and other hate crimes

       

      While judges may take racist or other bias motivation into account as a ‘base motivation’, however, racist or other bias motivation is not expressly listed in the relevant provisions of the Criminal Code. No general provision exists in Hungarian law under which racist or other bias motivation constitutes an express aggravating circumstance in ordinary criminal offences. Concerning this situation, the ECRI recommends[18] that the Hungarian authorities draft a ‘specific provision that would make racist motivations aggravating circumstances for ordinary offences’, as ‘without such a systematic approach, the racial motivations of offenders are not assessed on a consistent basis.’

       

      [1]    Act No. IV of 1978 on the Criminal Code, http://www.wipo.int/wipolex/en/details.jsp?id=2199

      [2]     Hungary/Act IV (1978), Article 155.

      [3]     Hungary/Act IV (1978), Article 157.

      [4]     Hungary/Act IV (1978), Article 174/B.

      [5]     Hungary/Act IV (1978), Article 269.

      [6]     Hungary/Act IV (1978), Article 269/B (since the amendment of the Criminal Code in 1993).

      [7]     Hungary/Act IV (1978), Article 269/C.

      [8]     Hungary/Act IV (1978), Article 174/B.

      [9]     On 10 November 2008, the Hungarian National Assembly adopted Hungary/Act No. LXXIX (2008), on Certain Amendments Necessary to Protect Public Order and the Operation of the Judiciary, which modified Article 174/B of the Criminal Code, effective 1 February 2009.

      [10]    Hungary/Act No. LXXIX (2008), Article 2.

      [11]    Act No. IV (1978), Article 269.

      [12]    See the interpretation of the law regarding homophobic hate crimes on the website of the (former) Ministry of Social Affairs and Labour, Jogi hátter – Magyar jogszabályok, available at: http://szmm.gov.hu/main.php?folderID=21369&articleID=42416&ctag=articlelist&iid=1 (Date of access: 22.08.2010).

      [13]    Hungary/Act No. IV. (1978), Article 269/C.

      [14]    Hungary/Act No. XXXV. (2010) on the Amendment of the Criminal Code (Hungary/Act No. IV. (1978)), amending Article 212/A of the Criminal Code.

      [15]    Hungary/Act IV (1978), Article 166.

      [16]    Hungary/Act IV (1978), 170.

      [17]    ECRI (2009) Report on Hungary, fourth monitoring cycle (adopted on 20 June 2008, published on 24 February 2009), p. 14, available at: http://www.coe.int/t/dghl/monitoring/ecri/country-by-country/hungary/HUN-CbC-IV-2009-003-ENG.pdf (22.08.2010).

      [18]    Hungary/Act IV (1978), Article 269/C.

       

      Groups affected/interested

      • Migrants
      • Ethnic minorities
      • Religious minorities

      Type (R/D)

      • Anti-semitism
      • Islamophobia
      • Anti-roma/zinghanophobia
      • Homophobia

      Key socio-economic / Institutional Areas

      • Anti-racism
      See other countriesSee indicator history
    • Is there a legal definition of racist-hate crime?

      yes, but very broad.

      Qualitative Info

      1. The article of the Criminal Code on violence against member(s) of a community[1] was amended in 2008.[2] As a result, this article of the Criminal Code, governing previously ‘violence against a member of a national, ethnic, racial or religious group’, was extended to cover any group of the population. The name of the offence was also modified to ‘violence against member(s) of a community’. As a result of the amendment, individuals engaged in the preparation of violence against a member of a community shall also be held criminally liable.[3] Based on the amendments, the new provision is the following: (1) Any person who assaults another person for being part, whether in fact or under presumption, of a national, ethnic, racial, or religious group, or certain groups of the population, or compels her/him by applying coercion or duress to do, not to do, or to endure something, is guilty of a felony punishable by imprisonment for up to five years. (2) The punishment shall be imprisonment between two to eight years if the act or crime is committed: a) by force of arms; b) with a deadly weapon; c) causing a considerable injury of interest; d) with the torment of the injured party; e) as part of a group; or, f) as part of a criminal conspiracy. (3) Any person who engages in preparing violence against a member of a community is guilty of a misdemeanour punishable by imprisonment for up to two years.

      [1]     Hungary/Act IV (1978), Article 174/B.

      [2]     On 10 November 2008, the Hungarian National Assembly adopted Hungary/Act No. LXXIX (2008), on Certain Amendments Necessary to Protect Public Order and the Operation of the Judiciary, which modified Article 174/B of the Criminal Code, effective 1 February 2009.

      [3]     Hungary/Act No. LXXIX (2008), Article 2.

       

      Groups affected/interested

      • Migrants
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability

      Type (R/D)

      • Extremism - organised Racist Violence
      • Anti-roma/zinghanophobia
      See other countriesSee indicator history
    • Is there a legal definition of hate speech?

      yes, but quite broad

      Qualitative Info

      The article of the Criminal Code on incitement against community[1] provides with protection against non-violent conduct motivated by racism, xenophobia or other bias motive (e.g. homophobia[2]), according to which anyone publicly inciting hatred against the Hungarian nation or any national, ethnic, racial or other groups of the population shall face punishment for a felony offence with imprisonment for up to three years.

      The article of the Criminal Code on ban of denying, doubting, or trivialising genocide or crimes against humanity committed by totalitarian regimes[3] originally dealt only with holocaust denial or trivialising (it came into force in February 2010). A few months later, as a result of legislative initiatives of the newly elected Hungarian government, this sub-paragraph was amended (entered into force in July 2010). The new version of this paragraph is extended to the crimes of both ‘national socialist’ and ‘communist regimes’, and the term ‘holocaust’ is no longer there in the text. The current form of this legislation covers a broader range of crimes than the Framework Decision 2008/913/JHA does.

       

       


      [1]    Act No. IV of 1978 on the Criminal Code, Article 269., available at http://www.wipo.int/wipolex/en/details.jsp?id=2199 (20. 02. 2012.)

      [2]    See the interpretation of the law regarding homophobic hate crimes on the website of the (former) Ministry of Social Affairs and Labour, Jogi hátter – Magyar jogszabályok, available at: http://szmm.gov.hu/main.php?folderID=21369&articleID=42416&ctag=articlelist&iid=1 (20.02.2012).

      [3]    Hungary/Act No. IV. (1978), Article 269/C.

       

      Groups affected/interested

      • Roma & Travelers
      • Ethnic minorities
      • Religious minorities
      • Lesbian, Gay, Bisexual and Transgender

      Type (R/D)

      • Anti-semitism
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • Homophobia

      Key socio-economic / Institutional Areas

      • Anti-racism
      See other countriesSee indicator history
    • Are there legal definitions of racist incident and racist violence?

      yes, but not specific..

      Qualitative Info

      The Hungarian Criminal Code[1] criminalises six types of behaviour that may fall under the racially/hate motivated category. These are:

      • genocide;[2]
      • apartheid;[3]
      • violence against member(s) of a community;[4]
      • incitement against community;[5]
      • ban of using totalitarian symbols;[6]
      • ban of denying, doubting, or trivialising genocide or crimes against humanity committed by totalitarian regimes.[7]

      The article of the Criminal Code on violence against member(s) of a community[8] was amended in 2008.[9] As a result, this article of the Criminal Code, governing previously ‘violence against a member of a national, ethnic, racial or religious group’, was extended to cover any group of the population. The name of the offence was also modified to ‘violence against member(s) of a community’. As a result of the amendment, individuals engaged in the preparation of violence against a member of a community shall also be held criminally liable.[10] Based on the amendments, the new provision is the following: (1) Any person who assaults another person for being part, whether in fact or under presumption, of a national, ethnic, racial, or religious group, or certain groups of the population, or compels her/him by applying coercion or duress to do, not to do, or to endure something, is guilty of a felony punishable by imprisonment for up to five years. (2) The punishment shall be imprisonment between two to eight years if the act or crime is committed: a) by force of arms; b) with a deadly weapon; c) causing a considerable injury of interest; d) with the torment of the injured party; e) as part of a group; or, f) as part of a criminal conspiracy. (3) Any person who engages in preparing violence against a member of a community is guilty of a misdemeanour punishable by imprisonment for up to two years.

       

      Certain articles of the Criminal Code, such as those covering murder (‘homicide’)[11] or the causing of grievous bodily harm (‘battery’)[12] expressly grant judges the discretion to take into account ‘base motivations’ when sentencing offenders, therefore judges in such cases may thus take racist or other bias motivation into account as an aggravating circumstance.

       

      While judges may take racist or other bias motivation into account as a ‘base motivation’, however, racist or other bias motivation is not expressly listed in the relevant provisions of the Criminal Code. No general provision exists in Hungarian law under which racist or other bias motivation constitutes an express aggravating circumstance in ordinary criminal offences.  


      [1]  Act No. IV of 1978 on the Criminal Code, http://www.wipo.int/wipolex/en/details.jsp?id=2199 (20. 02. 2012.)

      [2] Hungary/Act IV (1978), Article 155.

      [3] Hungary/Act IV (1978), Article 157.

      [4] Hungary/Act IV (1978), Article 174/B.

      [5] Hungary/Act IV (1978), Article 269.

      [6] Hungary/Act IV (1978), Article 269/B (since the amendment of the Criminal Code in 1993).

      [7] Hungary/Act IV (1978), Article 269/C.

      [8] Hungary/Act IV (1978), Article 174/B.

      [9] On 10 November 2008, the Hungarian National Assembly adopted Hungary/Act No. LXXIX (2008), on Certain Amendments Necessary to Protect Public Order and the Operation of the Judiciary, which modified Article 174/B of the Criminal Code, effective 1 February 2009.

      [10] Hungary/Act No. LXXIX (2008), Article 2.

      [11] Hungary/Act IV (1978), Article 166.

      [12] Hungary/Act IV (1978), 170.

       

       

      Groups affected/interested

      • Roma & Travelers
      • Ethnic minorities
      • Majority

      Type (R/D)

      • Extremism - organised Racist Violence
      • Anti-semitism

      Key socio-economic / Institutional Areas

      • Anti-racism
      See other countriesSee indicator history
    • Is there a legislation penalising, or prohibiting the establishment of, organisations which promote, incite, propagate or organize racial discrimination against an individual or group of individuals? Is membership of such organisations treated as an offence under the law?

      yes

      Qualitative Info

      One of the major features of the 'Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law', the ‘penalties for legal persons’[1] (e.g. extremist organisations) was already in place in the Hungarian legal framework, by the implementation of the Act on Criminal Measures Against Legal Persons in 2001.[2]

       

      Petty offence legislation was amended in 2010[3] regarding conducts in connection with a banned social organisation, introducing a fine of up to 150,000 HUF (approx. 600 EUR) or a sanction of detainment for anyone who participates in the activities in a banned social organisation[4] any way or who wears the uniform thereof or any uniform resembling that of a banned social organisation at a public event.

       

      In February 2010, the Criminal Code was amended to punish participating in the leadership or in some cases the mere activities of banned associations (e.g. in extremist associations: consider the amendment of the Act on Petty Offences) with up to three years of imprisonment.[5]

       


      [1]     Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law, Article 6.

      [2]     Hungary/Act No. CIV (2001)

      [3]     Hungary/Act No. CIV (2010), which modified Article 152/B of Hungary/Act No. LXIX (1999)

      [4]     E. g. the extremist Magyar Gárda [Hungarian Guard].

      [5]     Hungary/Act No. XXXV. (2010) on the Amendment of the Criminal Code (Hungary/Act No. IV. (1978)), amending Article 212/A of the Criminal Code.

       

      Groups affected/interested

      • Roma & Travelers
      • Ethnic minorities

      Type (R/D)

      • Anti-semitism
      • Anti-roma/zinghanophobia

      Key socio-economic / Institutional Areas

      • Anti-racism
      See other countriesSee indicator history
    • Is there an independent assessment of the impact of anti-racist legislation and its application in practice?

      No.

      Qualitative Info

      No, there is no monitring mechanism on anti-racist legislation or the implentation of relevant laws. The Parliamentary Commissioners or NGO's publish reports occasionally.

      Groups affected/interested

      • Ethnic minorities

      Type (R/D)

      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      See other countriesSee indicator history
    • Is there an estimate or evidence that hate crime cases/incidents are under-reported disproportionately in relation to other crimes?

      no evidence or reliable estimate availble.

      Groups affected/interested

      • Refugees
      • Ethnic minorities
      • Religious minorities
      • Lesbian, Gay, Bisexual and Transgender

      Type (R/D)

      • Anti-semitism
      • Anti-roma/zinghanophobia
      • Homophobia

      Key socio-economic / Institutional Areas

      • Anti-racism
      See other countriesSee indicator history
    • Is policing reported to be adequate in terms of combating racist violence/hate crime effectively?

      No. No specific reports are avialble.

      Groups affected/interested

      • Roma & Travelers
      • Muslims
      • Ethnic minorities

      Type (R/D)

      • Anti-semitism
      • Anti-roma/zinghanophobia

      Key socio-economic / Institutional Areas

      • Anti-racism
      See other countriesSee indicator history
    • Is the judiciary reported to be adequately and effectively combating racist violence/hate crime?

      No. No specific reports are availble.

      Groups affected/interested

      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender

      Type (R/D)

      • Anti-semitism
      • Islamophobia
      • Anti-roma/zinghanophobia
      • Homophobia

      Key socio-economic / Institutional Areas

      • Anti-racism
      See other countriesSee indicator history
    • In the context of hate crime, is racist motivation treated as an aggravating circumstance?

      Yes.

      Qualitative Info

      Certain articles of the Criminal Code, such as those covering murder (‘homicide’)[1] or the causing of grievous bodily harm (‘battery’)[2] expressly grant judges the discretion to take into account ‘base motivations’ when sentencing offenders, therefore judges in such cases may thus take racist or other bias motivation into account as an aggravating circumstance. However, while judges may take racist or other bias motivation into account as a ‘base motivation’, racist or other bias motivation is not expressly listed in the relevant provisions of the Criminal Code. No general provision exists in Hungarian law under which racist or other bias motivation constitutes an express aggravating circumstance in ordinary criminal offences.  


      [1] Hungary/Act IV (1978), Article 166.

      [2] Hungary/Act IV (1978), 170.

       

      Groups affected/interested

      • Roma & Travelers
      • Ethnic minorities
      • Religious minorities
      • Lesbian, Gay, Bisexual and Transgender

      Type (R/D)

      • Extremism - organised Racist Violence
      • Anti-semitism
      • Anti-roma/zinghanophobia

      Key socio-economic / Institutional Areas

      • Anti-racism
      See other countriesSee indicator history
    • If there is a legal provision on racist motivation as an aggravating factor, how often is it applied? What kind of sanctions/penalties are issued?

      yes

      Qualitative Info

      Certain articles of the Criminal Code, such as those covering murder (‘homicide’)[1] or the causing of grievous bodily harm (‘battery’)[2] expressly grant judges the discretion to take into account ‘base motivations’ when sentencing offenders, therefore judges in such cases may thus take racist or other bias motivation into account as an aggravating circumstance. However, while judges may take racist or other bias motivation into account as a ‘base motivation’, however, racist or other bias motivation is not expressly listed in the relevant provisions of the Criminal Code. No general provision exists in Hungarian law under which racist or other bias motivation constitutes an express aggravating circumstance in ordinary criminal offences.  

      Given the lack of a moitoring system, no infomation ara available on the issued sanctions.


      [1] Hungary/Act IV (1978), Article 166.

      [2] Hungary/Act IV (1978), 170.

       

      Groups affected/interested

      • Roma & Travelers
      • Ethnic minorities
      • Lesbian, Gay, Bisexual and Transgender

      Type (R/D)

      • Extremism - organised Racist Violence
      • Anti-semitism
      • Anti-roma/zinghanophobia

      Key socio-economic / Institutional Areas

      • Anti-racism
      See other countriesSee indicator history
    • Does national legislation provide specific sanctions against public servants reported as perpetrators of racist violence/hate crime?

      No specific sanctions.

      Groups affected/interested

      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Lesbian, Gay, Bisexual and Transgender

      Type (R/D)

      • Extremism - organised Racist Violence
      • Anti-semitism
      • Islamophobia
      • Homophobia

      Key socio-economic / Institutional Areas

      • Anti-racism
      See other countriesSee indicator history
    • Have public servants been reported as being perpetrators of racist violence/hate crime?

      No data available.

      Qualitative Info

      No data available.

      See other countriesSee indicator history
  • Political Parties-organisations - Racist & Xenophobic Discourse

    First of all the extreme-rightist Jobby party, delegating representatives to the national and European parliament, is responsible to keep racism on the agenda of public discourse.

  • Anti-racist Policies & Organisations

    While thre are NGOs assisting victims of racist abuse, and raising awareness on on racism, governmental efforts seem to be unsufficient.

  • Policing - Law Enforcement - Justice

    While there is a lack of evidence, apparently, members of Roma communities suffer more likely from police abuse than majoriry citizens.

  • Employment

    First of all, members of Roma communities are suffering discrimination on the labour market.

  • Housing & Segregation

    A significant proportion of the Roma poulation lives among inadequate housing conditions. Despite governmental efforts, housing segregation of the Roma is a prevalent phenomenon in many settlements,  Many of the Roma communities live in the most disadvantages, infrastucturally underdeveloped regions of the country.

  • Education

    First of all, Roma children are suffering from different forms of discrimination (segregation, placement of non-disabled children to special schools for the metally handicapped) in the Hungarian education system.

  • Health And Social Protection
    First of all, members of Roma communities are suffering from discrimination in the health care system. Meanwhile, the average health status and the life expectancies of the Roma population ane lower than in the case of the majority society.
  • Public Life, Culture, Sport & Media

    Minority rights regarding culture, education, mother tongue amd self government are guaranteed by the Minority Act, but only in the case of national and ethnic minotites, among them the Roma.

    Migrant groups do not have similar rights, however, the overwhelming majority of migrants are ethnic Hungarians from the neighbouring countries.