Office of the commissioner for fundamental rights of hungary

According to the position of Dr. Ákos Kozma, Commissioner for Fundamental Rights, the Government has reacted in a quick and meaningful way to the findings of his report No. AJB-3479/2021 on the necessity of PCR and rapid antigen tests and the prescription of their self-financing in the case of elective medical interventions. The government decree on the order of planned dental treatments, rehabilitation care and planned invasive procedures in a state of danger is a clear manifestation of the fact that the Government pays particular attention to reviewing the fundamental rights-related aspect of legislative issues during the state of danger as well, and that it is open to conducting a meaningful discussion on the proposals put forward by the Office of the Commissioner for Fundamental Rights.

Providing selective waste containers free of charge is necessary and legitimate also for church-maintained and independent schools, concluded Dr. Ákos Kozma, Commissioner for Fundamental Rights and Dr. Gyula Bándi, Ombudsman for Future Generations.

As the Deputy Commissioner for the Rights of National Minorities, I regard it as my responsibility to commemorate the life-changing events in the history of the communities of national minorities living on the territory of Hungary. Each year, it is my sad obligation to pay tribute to the half million European, and among them, several tens of thousands of Hungarian Roma victims of the Holocaust on the occasion of the European Roma Holocaust Memorial Day.

The currently effective law does not contain any requirements regarding the mandatory performance of PCR and antigen tests as the precondition for receiving rehabilitation care and elective interventions. The principle of the rule of law is thus violated by the inappropriate level of regulation and the uncertainties in content, as was established, among others, by Commissioner for Fundamental Rights Dr. Ákos Kozma, related to his inquiry into an individual complaint.

In the currently effective regulation, it is not ensured that the public guardianship authority, which acts in matters of adoption, is notified of the launching of a paternity case that concerns a certain child in each case, as Ombudsman Dr. Ákos Kozma concluded after he had inquired into a related complaint. The Commissioner requested the competent ministry to clarify the respective statutory provisions.

The person exercising executive power is entitled to act against the expression of any opinion by the employees that violates or threatens the employer’s specific interests, however, in the actual implementation, complying with the statutory regulations, the enforcement of the principles of the rule of law and the freedom of expression, as well as the observation of the appropriate formal requirements are also fundamental constitutional criteria, as was pointed out by Ombudsman Dr. Ákos Kozma after his inquiry.

A complainant objected to the police measures (identity check, frisking, mobile phone control) taken against him, in his view, because of his Roma nationality, and he also expressed his concerns about the intensified control that was used as the legal basis for such measures. He also complained that his personal data had been recorded despite the fact that the identity check was not followed by any further police measures or procedures.

At the moment, the recognition of potential suicidal behaviours in children and adolescents and the efficient prevention thereof are hindered, and the rights of children may be violated due to the lack of appropriate professional regulations and practices related to the tasks of school psychologists, who fulfil the role of “gatekeepers”, as was concluded by the Ombudsman. This is why Dr. Ákos Kozma proposed that a specific working group be set up for this purpose by the competent ministry.

The Ministry of Innovation and Technology caused an impropriety related to the right to petition and the right to fair administration of official matters when it failed to provide comprehensive information on the changes in the provisions pertaining to gas appliances, the Commissioner for Fundamental Rights concluded in his report. Dr. Ákos Kozma requested the Minister of Innovation and Technology to ensure that the acting organisational units of his Ministry pay particular attention to the handling of public interest disclosures.

The current regulation on prisoners’ contacts by phone – exclusive of the extraordinary rules introduced due to the coronavirus situation –, hence especially the bail payable for possessing a device and the reference tariff rates, may cause an infringement of the fundamental right to respect for privacy and family life, Ombudsman Dr. Ákos Kozma established during his comprehensive ex-officio inquiry.

The proceeding of the school and the school district (the maintainer) concerned caused an impropriety related to the right to fair administration of official matters as well as to the right to legal remedy during the assessment of requests of leave of absence of pupils from school, the Commissioner for Fundamental Rights exposed in connection with a complaint. Dr. Ákos Kozma called attention to the fact that in epidemiological situations as in ordinary times, leave of absence due to reasonable causes must be examined on the substance, and parents must be provided adequate information on the state of the matters.

In their joint statement on World Environment Day, Commissioner for Fundamental Rights Dr Ákos Kozma and Deputy Commissioner, Ombudsman for Future Generations Dr Gyula Bándi call our attention to our responsibility for our ecosystems and remind the state institutions, as well as all the members and groups of society to protect them.