Joint Statement of the Commissioner for Fundamental Rights and the Ombudsman for Future Generations on the Occasion of Earth Day
In their joint statement published on the occasion of Earth Day, Dr. Ákos Kozma, Commissioner for Fundamental Rights and Dr. Gyula Bándi, Deputy Commissioner, Ombudsman for Future Generations call attention to the protection of wildlife and our natural treasures, as well as to our collective duty to preserve them for future generations.
Commissioner for Fundamental Rights Takes Stand in Connection with Exemption from Wearing a Mask Due to Health Reasons
Although in consideration of the pandemic, the necessity of imposing the wearing of masks as broadly as possible cannot be disputed on the level of constitutional law, the proportionality thereof can be established precisely by those guarantees that also champion the enforcement of the right to human dignity of certain groups of patients and persons living with disabilities. When taking each and every one of the protective measures, the circumstances of those affected should be assessed with the same respect and consideration – Ombudsman Dr. Ákos Kozma established in his report.
On 8 April, the values of Roma culture are celebrated all over the world. This year, however, just like last year when the pandemic broke out, we should exceptionally use this opportunity, in addition to highlighting the special significance of Roma culture, for drawing attention to the necessity of social solidarity. We should primarily emphasise that taking care of each other, as well as providing efficient practical support to the vulnerable social groups, including the Roma communities, are especially important in these difficult times.
An impropriety with regard to the requirement of legal certainty, as well as to the right to good administration and the right to legal remedy was caused by the procedural malpractice of the bailiff when the statement of objection regarding the foreclosure was not submitted to the court in due time, as was established by Ombudsman Dr Ákos Kozma in his inquiry.
The right to a fair procedure was violated by the fact that the option to seize movables was available despite the lack of a legal basis in an otherwise suspended procedure, which situation arose due to the malpractice of the case officer bailiff, as was established by Dr Ákos Kozma in his report. The Commissioner for Fundamental Rights requested the bailiff concerned to pay special attention to observing the statutory provisions regarding the suspension of procedures in the future, with special regard to those cases in which he acts as a case officer.
Civil Consultative Body (CCB) Attached to the OPCAT National Preventive Mechanism Holds Online Meeting
Ombudsman Dr Ákos Kozma convened the Civil Consultative Body supporting the performance of the tasks of the OPCAT National Preventive Mechanism (NPM) in an online form, with regard to the coronavirus pandemic, which held its sessions on 10 and 11 December 2020.
Commissioner for Fundamental Rights Takes Stand on Noise Complaint Related to Passenger Information System
Traffic information should be provided to passengers in compliance with the right to a healthy environment, concluded the Ombudsman. Fully accepting the life-protecting function and inevitability of audio passenger information, Dr Ákos Kozma requested MÁV Zrt’s (Hungarian State Railway) President-CEO to order a comprehensive inspection with regard to the passenger information equipment of Balatonszéplak-felső railway station, to find out whether it is justified to communicate all the currently provided traffic information through a loudspeaker during the night, in the interests of those living in the vicinity of the stations and stops.
Ombudsman Takes Stand in Relation to the Measures Taken for the Prevention of the Coronavirus Pandemic
One hour per day outdoors time was ensured for each detainee, and education and religious life also resumed despite the epidemic at the Szeged Strict and Medium Regime Prison. Furthermore, almost all of the detainees used the possibility of keeping contact on the internet, or communicated with their relatives on the phone, as was established by the Commissioner for Fundamental Rights, Dr Ákos Kozma.
The pupils did not make any complaints, and committed no disciplinary offences because of the necessary restrictions, they were well-informed about the pandemic and its prevention, they understood the factors contributing to the need for the introduction of disinfection rules and the ban on visitation. For these pupils, diverse sports activities and increased telephoning time were ensured by the Aszód Juvenile Reformatory, Primary School, Vocational School and Special School of the Ministry of Human Capacities, as was established by Commissioner for Fundamental Rights Dr Ákos Kozma.
It caused a grave impropriety with regard to the right to education, what is more, it is non-compliant with the principle of the child’s best interest procedure either that the management of the school in Szellő utca, Budapest, did not ensure the special treatment defined in the respective expert opinion, which would have supported the child’s education adjusted to his condition, for a complainant’s special needs child, as was established by the Commissioner for Fundamental Rights, Dr Ákos Kozma. Among others, he proposed to the head of the North Budapest Education District that the parent’s complaint regarding the measure taken by the school management be assessed according to the relevant laws in the future and that they fully cooperate with the Ombudsman’s inquiries, furthermore, that they ensure the creation of the conditions necessary for the education of the complainant’s child, and those necessary for the fulfilment of the recommendations specified in the expert opinion of the expert committee.