Joint statement of the Commissioner for Fundamental Rights and the Ombudsman for Future Generations on the Occasion of White Monday, the First Day of the European Week for Waste Reduction

In their joint statement published on the occasion of White Monday, i.e. the first day of the European Week for Waste Reduction, Commissioner for Fundamental Rights Dr. Ákos Kozma and Deputy Commissioner for Fundamental Rights, Ombudsman for Future Generations Dr. Gyula Bándi call attention to the importance of conscious consumption, the constitutional obligation of the careful use of our natural resources, and the key role of circular economy in achieving sustainable development.

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Exception Should Prove Dignity – Statement of the Commissioner for Fundamental Rigths on the Special Situation of Persons with Intellectual Disability and Autism Spectrum Disorder in Relation to the Restrictions Introduced in Response to the Pandemic

The Commissioner for Fundamental Rights calls attention to the everyday struggles of the most vulnerable members of society, i.e. persons living with intellectual disability, during the coronavirus pandemic, thus to their difficulties in observing the rule of wearing masks and keeping social distance. On this occasion, Dr Ákos Kozma also welcomes the latest government decree of 19 November, which allows divergence from the general pandemic protection rules for persons with autism.

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Message of the Commissioner for Fundamental Rights on World Children’s Day

“In times of distress, epidemics and other sorts of crises, children’s rights and the mentality we adopt with respect to child-related matters become even more crucial”, Dr. Ákos Kozma underlines on World Children’s Day. The Commissioner for Fundamental Rights draws attention to the fact that children’s rights are not claims but constitutional norms that are prompted by the legitimate considerations and fundamental needs of the children.

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Joint Statement of the Commissioner for Fundamental Rights and His Deputies on the World Day of Sanitation

Commissioner for Fundamental Rights Dr. Ákos Kozma, Deputy Commissioner, Ombudsman for the Rights of National Minorities Dr. Elisabeth Sándor-Szalay, and Deputy Commissioner, Ombudsman for Future Generations Dr. Gyula Bándi call attention to the multiple significance of the World Day of Sanitation, and its interconnectedness with life and human dignity, sustainability and climate change.

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Ombudsman Takes a Stand on the Operation of the Heves County “Harmónia” United Social Care Institution

At the Heves County “Harmónia” United Social Care Institution, the measures and restrictions imposed by the Chief Medical Officer for the prevention of the coronavirus pandemic were implemented, and appropriate measures were taken to reduce the possibility of infection, the Commissioner for Fundamental Rights concluded in his report. However, Dr. Ákos Kozma made a recommendation for the Head of the Institution about encouraging more frequent communication between the residents and their relatives through varied channels, even in the period of the ban on visits.

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Ombudsman Takes a Stand on a Foreclosure Procedure

The bailiff acted in compliance with the statutory requirements when the foreclosure actions were taken, however, the seizure of allowances exempt from blocking after the prompt collection order had been issued caused an impropriety related to legal certainty and social security, as well as to the anti-discrimination principle, as was concluded by the Commissioner for Fundamental Rights in his report.

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Commissioner for Fundamental Rights and Ombudsman for Future Generations Take a Stand on a Procedure related to a Residential Noise Complaint

The principle of the rule of law and the requirement of a fair procedure, as well as the enforcement of the right to a healthy environment may be jeopardized by a property protection procedure conducted by the municipal clerk in which there is no legal response to a problem because the procedure cannot be successful from the start without accurate data supply, as was concluded by the Commissioner for Fundamental Rights and the Deputy Commissioner for Future Generations in their joint report.

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Commissioner for Fundamental Rights Reviewed the Lawfulness of Proceedings Aimed at the Recovery of Unduly Claimed Benefits

The practice of authorities not to examine the usability of immovable property is capable of putting those persons at a disadvantage who are forced to apply for social benefits, of making their living conditions even more difficult, and eventually, of leading to the violation of their fundamental rights, the Ombudsman concluded in his report. With a view to preventing the future occurrence of the fundamental rights-related improprieties exposed, Dr. Ákos Kozma requested that the Head of the Somogy County Government Office call the attention of the heads of the district offices of first instance to the application of the lawful practice related to the examination of the usability of immovable property.

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Commissioner for Fundamental Rights Takes a Stand in Relation to a Public Interest Disclosure

The right to petition, the principle of legal certainty and the right to fair administration of official matters were violated by the practice of the Ministry of Innovation and Technology in the handling of public interest disclosures. As the Commissioner for Fundamental Rights concluded in his report, the Ministry provided no response whatsoever to the petitions complaining about the handling of public interest disclosures, while it replied to the Ombudsman’s inquiry with a significant, 16-month delay. Dr. Ákos Kozma requested that the Minister of Innovation and Technology take measures in order to prevent the future recurrence of the fundamental rights-related improprieties identified in his report.

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Commissioner for Fundamental Rights Takes a Stand in Relation to a Protracted Administrative Procedure

In addition to the violation of the fundamental requirement of legal certainty, a protracted administrative procedure caused an impropriety in relation to a child’s right to care and protection, the Commissioner for Fundamental Rights concluded in his report.

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Commissioner for Fundamental Rights Takes a Stand on the Operation of Two Foster Homes

Located in Zirc and Lókút, two foster homes of the Child Protection Centre and Territorial Child Protection Service of Veszprém County implemented the measures and restrictions imposed by the Chief Medical Officer for the prevention of the pandemic, and took appropriate measures to reduce the possibility of infection. The material conditions for the placement of children were adequate in both locations, Ombudsman Dr. Ákos Kozma concluded upon his visit.

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Commissioner for Fundamental Rights and Ombudsman for Future Generations Take a Stand on the Legal Basis for the Obligation to Pay Waste Transport Fees

The requirement of legal certainty stemming from the principle of the rule of law, as well as the right to a fair procedure are violated if a local waste management decree does not clearly specify the legal basis for invoicing with regard to enclosed garden properties, said, among others, the Commissioner for Fundamental Rights and his Deputy for Future Generations. Dr Ákos Kozma and Dr Gyula Bándi requested the municipality clerk to give meaningful responses to all the enquiries from the citizens in the future, and asked the mayor of the settlement to ensure the appropriate amendment and supplementation of the municipality decree on the order of waste management.

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