Indicator history

- 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.