Office of the commissioner for fundamental rights of hungary

Buildings in terrible conditions, plastic bottles used instead of toilets, abused persons in detention, continuous violations of human dignity. Prof. Máté Szabó ombudsman asked the General Prosecutor, the Chief of Police of Hungary and the Minister of Internal Affairs for intervention after inspections made on the spot at Nyírbátor temporary hostel of restricted access.

Young people preparing for their final examination but unable to get into higher education as a consequence of changed student quotas did not – and still do not – have at their disposal career orientation possibilities related to further education or to choices of professions or jobs, clear and easily accessible information material, or professional guidance on the basis of which they could make responsible and informed decisions. The Ombudsman attributes this to a failure of the competent organs and says that this situation has brought about a permanent and present danger of the infringement of legal certainty; furthermore, it carries in itself the permanent and present danger of infringement of the right to the free choice of a job or profession of young people starting their career.

The Commissioner for Fundamental Rights says that there is no effective legal remedy concerning the secret information gathering proceedings conducted by the Counter Terrorism Centre; therefore he requested Sándor Pintér, Minister of the Interior, to initiate an amendment of the Act on National Security Services.

The rights to human dignity and to liberty of the person of those taken to the police station were infringed, and their handcuffing was unlawful and disproportionate. In his inquiry into the taking to the police station of Roma youths the Ombudsman underlined that the measure disturbed the order of the school, and the children's rights of those witnessing it were also infringed.

Dr. Sándor Fülöp, Deputy Commissioner responsible for the protection of the interests of future generations, handed in his resignation on 29 August 2012. Dr. Sándor Fülöp indicated that his resignation will be effective as of 1 September 2012.

It is adequately ensured that the Hungarian Bar Association take effective action against lawyers who infringe their obligations, but the Ombudsman is concerned that time limits for proceedings are lacking. Máté Szabó Ombudsman considers that a new regulation ordering the fining of lawyers also constitutes a danger for legal certainty

According to the opinion of the Commissioner for Fundamental Rights the legal provisions regulating the recognition of churches are in contrary to the principle of separation of power, to the right to fair procedure and to the right to legal remedy. After analysing the initiatives of many religious organisations Szabó Máté turned to the Constitutional Court.

Máté Szabó has found the circumstances in the Pécs and Szolnok prisons inhumane and humiliating and asked the Chief Commander of the Hungarian Prison Service to take steps. In both places there are plans for improving the situation but neither has the financial means to realise them.

The Commissioner for Fundamental Rights has asked the Constitutional Court to examine the provisions of the Act on Public Education and to overview the Act on Vocational Training. Failing the necessary preparation period because of the short time until the entering into force of the two Acts the principle of the rule of law might be hurt. According to Szabó Máté the Act on Public Education limits the right of parents to upbringing contrary to the Fundamental Law and contrary to international agreements and concerning the date of starting school it does not take into account the expressed will of the parents.

In the Hungarian legal system there is no single definition for ‘person with disabilities'. Job centres use a broader notion of persons with reduced work capacity, a notion which includes both persons suffering from health problems and persons with disabilities. The support scheme does not provide incentives for employers to employ persons with disabilities. Máté Szabó Ombudsman has inquired into the domestic regulation and the employment opportunities of persons with disabilities.

The special children's home in Fót reminds the Commissioner for Fundamental Rights of a law enforcement institution. On the basis of the on-the-spot inquiry and those laid down in the institution's documents Máté Szabó has found that in the institution, which cares for children with psychological problems, measures restricting liberty of the person are applied even in the absence of dangerous conduct as defined in the Child Protection Act.

It poses an imminent danger to or violates children's rights if the police take coercive measures against parents in the presence of their children. In the opinion of the Commissioner for Fundamental Rights the police should take account of the mental development of the child and the requirements of child-friendly justice.