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Does legislation provide for the possibility of adopting special/positive measures prevent or compensate for disadvantages linked to racial or ethnic origin in order to ensure full equality in practice?

Code:
RED9
Key Area:
Anti-discrimination Legislation & Implementation
Strand(s):
Discrimination, Equality
24/02/2012 - 05:47
Short Answer

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).

Groups affected/interested Refugees, Roma & Travelers, Ethnic minorities
Type (R/D) Anti-migrant/xenophobia, Anti-semitism
Key socio-economic / Institutional Areas Anti-discrimination
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