Office of the commissioner for fundamental rights of hungary

According to the Commissioner for Fundamental Rights, in its decree adopted last December upon the initiative of the districts, the General Assembly of the Capital specified an excessively wide range of public areas where residential habitation (occupying public places for living purposes) by the homeless would be illegal. Therefore, Ombudsman László Székely petitioned the Curia requesting the review of the annex of the "zone decree", drafted without due regards to the provisions of the misdemeanour act concerning authorization.

The secondary education of nationalities living in Hungary is facing numerous problems. The number of students and teachers is dwindling, material conditions are scanty. The new regulation of nationality education is neither flawless, nor unambiguous. The connection between the nationality education of the Roma and the right to equal treatment presents the biggest cause for concern. The following conclusions can be found in a joint report prepared by the Commissioner for Fundamental Rights and his Deputy responsible for the protection of the rights of nationalities living in Hungary.

On April 3, 2014, Commissioner for Fundamental Rights Dr. László Székely visited Hungary's first Universal Design Information and Research Center (UDIRC), operated by the Budapest Association of Persons with Disabilities (BAPD).

The terms and conditions for application were not properly worked out, orientation was plagued by basic communication deficiencies. That is how it could happen that there were some settlements where mostly the relatives of the local government's staff members were offered job opportunities within the frameworks of the labour market program entitled "Promoting Summer Student Work" instead of the more disadvantaged young people. In their joint report, the Commissioner for Fundamental Rights and his Deputy in charge of the protection of the interests of nationalities living in Hungary requested the competent minister to clarify the terms and conditions and to improve communication.

"Declarations are not enough yet for gaining clean drinking water. Serious determination and actions are required from all stakeholders in order to use the finite water reserve as efficiently as possible, taking into consideration all legitimate needs as well as the interests of the future generations," referred Marcel Szabó, advocate for the future generations, the "green ombudsman," to the common responsibility on the World Day for Water. Almost one million seven hundred thousand EU citizens have just recently supported the first successful citizens' initiative with their signature, which started out as the recognition of the fundamental human right to clean drinking water.

The legal environment is suitable for coordinating theoretical education and practical training. While they are still studying, all young people should be given the opportunity to accumulate some experience in the world of labour; that is why more attention should be paid to maintaining good relations with employers offering practical training. Although there are several government programs in effect, the current systems of support and incentive in Hungary do not provide efficient assistance to fresh graduates and young people looking for their first job - pointed out Ombudsman László Székely.

The Commissioner for Fundamental Rights reiterates his position already set out in previous inquiries that living in public space shall not serve as an excuse not to comply with the rules; however, the legal title for the authorities' action against homeless people being in a vulnerable situation and the method of its implementation are of fundamental importance in a state under the rule of law. According to László Székely, a solution for the problems caused by the huts of homeless people, set up illegally a long time ago, can only be sought in co-operation with those concerned and the social profession, in parallel with providing real help and sufficient time.

No real help to eliminate exposure has been provided - the specialists concerned have failed to realize in time that the child abuse victims of Szigetszentmiklós should be taken away from their family. Other than notifying each other, there has been no substantial cooperation between the actors of the child protection notification system. In his investigation report the Commissioner for Fundamental Rights emphasizes the responsibility of the press, too.

There is a contradiction between EU legislation and MÁV Start Co.'s rules of procedure for passenger transport. MÁV Start Co. does not always provide flat-rate compensation in compliance with the legal provisions. László Székely, the Commissioner for Fundamental Rights has concluded that this infringes on the requirement of legal certainty.

The obligation to protect foetal life is not a conceptual novelty in the Hungarian constitutional system. The rules of abortion are in accordance with the provisions of the Basic Law on the protection of human life - pointed out the Commissioner for Fundamental Rights while inquiring into the rules of abortion.

According to the ombudsman, László Székely, it is not justified at the moment to challenge before the Constitutional Court the restrictive conditions on carrying out sterilisation with the objective of family planning. In his response to the floor leader of the Hungarian Socialist Party, the Commissioner for Fundamental Rights justified his legal position with the specific criteria of the ombudsman for the initiation of an abstract review of norms.

Problem solved while investigated – The Ombudsman on designating a place of abode for foreigners leaving the shelter Guaranteeing the constitutional minimum of the right to social security is the state's responsibility, pointed out the Ombudsman after his staff had visited a community shelter established for foreigners in Balassagyarmat. László Székely analysed the consequences of a legal provision according to which foreigners under immigration proceedings may stay at community shelters only two months instead of eighteen. The fundamental right issue generated by this change was solved while being investigated by the Ombudsman.