Statement by the Commissioner for Fundamental Rights and his Deputies on the International Day Against Homophobia and Transphobia
On May 17, 1990, homosexuality was deleted from the Diagnostic and Statistical Manual of Mental Disorders by the World Health Organization (WHO). This means that from this day, sexual orientation which is different from the mainstream does not qualify as a disorder.
NEW-BORN BABIES SHOULD BE ALLOWED TO STAY WITH THEIR CONVICTED MOTHERS – AMENDMENT OF THE RELEVANT RULE OF LAW AT THE INITIATIVE OF THE OMBUDSMAN
Máté Szabó welcomes the fact that the Minister of the Interior is going to initiate the amendment of a rule of law which allows the placement of babies with their mothers only until the baby reaches the age of six months. An amendment was proposed by the Commissioner for Fundamental Rights to lengthen this period.
According to the views of the Parliamentary Commissioner for Civil Rights, the new regulation (the Act on the shaping and protection of built environment, 2010) enables the use of boarder police actions on public places against homeless people - thus criminalizing the homeless people – cannot match the Hungarian constitutional and the European human rights norms.
The European Social Charter is a Council of Europe's treaty (www.coe.int) guaranteeing basic social and economic rights which concern all individuals. The right to work and to a fair remuneration, the right to social security, the right to protection against poverty and social exclusion and the right to housing are regarded as particularly significant.
According to the Commissioner for Fundamental Rights, it is contrary to the artistic freedom that the founding members of the Hungarian Academy of Arts (hereinafter referred to as "HAA") could come from only one civil society organization. According to the ombudsman, it is also contrary to the Basic Law that the Act on the Academy of Arts provides possibilities to the Academy for setting out the conditions of membership on its own. Consequently, Máté Szabó asked the Constitutional Court to annul the applicable provisions of the Act on the Academy of Arts.
HUMANITARIAN CONSIDERATIONS SHOULD HAVE PRECEDENCE IN A CRISIS SITUATION - THE OMBUDSMAN CALLS TO MANAGE THE REFUGEE CRISIS
According to Commissioner for Fundamental Rights László Székely, this unprecedentedly grave situation, created by mass migration, requires an adequate, responsible solution that is in harmony with human rights standards. The Ombudsman is investigating the concrete developments in the matter and has personally conducted an on-the-spot inspection examining the circumstances. The Commissioner as the UN National Human Rights Institution and his Deputies are continuously monitoring the measures aimed at handling this humanitarian crisis situation.
October 28 is an important holiday not only in the life of the citizens of Greece but also, for the members of the Greek national community living in other countries of Europe, including Hungary. On this day, we remember the day of 78 years ago when the then Greek Prime Minister Ioannis Metaxas said no to the military ultimatum given to him by Mussolini, which would have equaled the occupation of Greece. It was in this way that Greece entered the World War on the Allies’ side. Although the firm and brave decision of the Greeks, then the Greek victory in the ensuing Greek-Italian war could not prevent the subsequent German occupation of the country, it still played a significant role in the victory of the Allied Powers in the Second World War and October 28 has ever since been a symbol of the Greek national consciousness, bravery and perseverance.
Commissioner for Fundamental Rights Turns to the Constitutional Court to Solve the Constitutional Law Issue concerning the Operation of the National Judicial Council
The Commissioner for Fundamental Rights proposed that the Constitutional Court interpret Paragraphs (5) and (6), Article 25 of the Fundamental Law of Hungary to solve the constitutional law issue concerning the operation of the National Judicial Council.
The principle of the rule of law and that of the best interests of the child, as well as the right to respect for family life are violated by all such hospital practices in the course of which newborn babies are separated from their mothers during postnatal hospital treatment, disregarding the statutory guarantees, without any medical reasons and in contrary to specific requests. Ombudsman László Székely consulted the competent ministry for the elaboration of the right legal interpretation and rules of procedures.
Ombudsman for Future Generations Gyula Bándi encourages the creation of a legal and incentive system that guarantees the peace of the citizens at night in order to systematically reduce the noise pollution caused by the dynamically increasing air traffic in Hungary, which already generates mass-scale complaints filed by the citizens, and asks the competent minister to conduct a comprehensive review of the legal regulation of air transport.