Office of the commissioner for fundamental rights of hungary

It is against the professional rules and a violation of the prohibition of discrimination and the right to human dignity if health care institutions do not provide treatment for patients who have revealed their special infectious disease. The commissioner for fundamental rights has warned for this in the course of his inquiry concerning a complaint contesting denial of treatment for and referring to other surgery of HIV-infected AIDS patients.

The documentary of the Pesty Fekete Doboz titled „The Gipsy-Hungarian coexistence" violates the principle of equal dignity since it goes for answers to social problems on the basis of assumptions regarding ethnic origin and stereotypes – found the commissioner for fundamental rights after his inquiry carried out upon the initiative of the deputy ombudsman responsible for the protection of the rights of nationalities living in Hungary. Maté Szabó pointed out that in case of human rights violations, especially violation of the right to human dignity, the National Media and Infocommunications Authority is obliged to take official measures provided by law.

Despite that environmental and health circumstances raise serious concerns the competent authorities fulfill only in part their obligation of performing air-quality control in Vas and Zala counties. The Ombudsman finds that right to health of people living there is at risk.

It is unfair that the receipt of social benefits and supports of people being in bad financial situation is subject to the condition of use of costly services- said by Máté Szabó as a conclusion of investigation of a complaint received from a Báta inhabitant.

The inquiry carried out by Máté Szabó, Commissioner for Fundamental Rights has led to the conclusion that the circumstances of accommodation and care of psychiatric patients in the Forensic Psychiatric Mental Institution (Igazságügyi Megfigyelő és Elmegyógyító Intézet) constitute a violation of their rights to human dignity and to health.

The Ombudsman has conducted an inquiry into the setting of the fees of waste transport, the collection of fees, the requirements of those using the service as well as the possibilities for the enforcement of their rights.

According to the Commissioner for Fundamental Rights certain provisions of the Act on the termination of early retirement pension (paid before reaching the old age pension age limit), on allowances paid before reaching the old age pension age limit, and on service allowance are contrary to the principle of the rule of law, to the right to the protection of personal data, as well as to the right to social security. Taking into account the submissions of nearly 30 individuals and of two civil society organisations, Máté Szabó has initiated with the Constitutional Court the ex post review of the compliance of the Act with the Basic Law.

The Commissioner for Fundamental Rights has established that the police displayed disproportionate preparedness and unnecessarily restricted the right of citizens to free movement when it declared Csókakő in the county of Fejér an operation area. The police were trying to prevent the initiation ceremony of the new members of the New Hungarian Guard planned for Csókakő, while it took place undisturbed at another venue in Dunaföldvár. In his report Máté Szabó Ombudsman also urges a review of legislation on previously banned uniformed paramilitary organisations.

With 335 votes for, 6 against and 2 invalid ones Parliament has elected Dr. Marcel Szabó Deputy of the Commissioner for Fundamental Rights, responsible for the protection of the interests of future generations. The Deputy Ombudsman has taken the oath of office. His mandate is for a term of six years.

The first amendment to the Basic Law has not answered all the questions according to which the ombudsman challenged the Transitory Provisions – stated Máté Szabó. The Commissioner finds that only those regulations of the Transitory Provisions are parts of the Basic Law that are necessary for the transition from the former constitution to the new one.

The Commissioner for Fundamental Rights refused to turn to the Constitutional Court for examining whether the Government forces to achieve exclusive power. Máté Szabó held that the Commissioner had neither competence nor standards for such an enquiry.

On the basis of the experience of the on-site inspections carried out by his working group Ombudsman Máté Szabó emphasised the problems related to the payment of the wages of persons in community employment[1], to the consequences of not participating in community employment and to the absence of training. Relying upon his preliminary report the Commissioner for Fundamental Rights has already formulated his recommendations to the local governments concerned as well as to the competent Minister.