The Hungarian Ombudsman calls again for the urgent introduction of an appropriate and professional homebirth regulation in Hungary

The Hungarian Ombudsman calls again for the urgent introduction of an appropriate and professional homebirth regulation in Hungary

There is an urgent need to introduce both the professional minimum standards and the legal and ethical conditions of homebirth in Hungary - the Ombudsman repeated this statement  three years ago. Considering the needs of the civil society and partial interests of the obstetrics he has also decided to evaluate the present situation from human rights point of view.

In his recommendation of October 2007 Prof. Dr. Máté Szabó called the attention of the legislator and the professional circles to the urgent need of introducing the appropriate legal regulation in order to protect the basic rights of the mother and child. The Ombudsman emphasises now, just as three years ago  that through the state's  objective obligation to protect institutions can the unlimitable constitutional right to life and the right to human dignity can be guaranteed.

The people may practice their basic rights according to their own needs and freedoms. But it is the state, which is obliged to guarantee the effectiveness of these basic rights. The objective obligation means the protection in general and also on the level of the concrete living conditions.

The right to human dignity – beside others – means that no authority or other persons may enter beyond an absolute border. In other words the right to self determination is independent from any other will. This is why the right to self-determination enjoys a constitutional protection.

The obligation of the state also means that the state-run institution system might be neglected only in case of an appropriate constitutional reason. On the other side  the right to self-determination must be highly respected (according to the order of constitutional values of the 21^th century). The proportionate and reasoned limitation of a constitutional right in a rule of law state means that the legal regulation must be followed both by the state and by the citizens. The only guarantee to solve the conflict between the objective obligation of the state and the private interests of the citizens is the correct and professionally reasoned legal regulation.

The right to life and the right to health are unlimitable basic rights. The safe procedure of a homebirth must be examined in this context. There is no known national or international prohibition or limitation of a planned homebirth but the will of the mother to do so is a basic-right issue in connection with the state's objective obligation to run and protect such institutions. In other words: the state is responsible to create the correct and appropriate legal and organizational conditions, including the professional mimimum-standards to avoid illegal practices and preventible health risks of the mother and/or of the child.

(Background information: Hungarian homebirth-expert was taken into police-custody under suspicion on reckless endangerment in the line of work on 5^th October just minutes after attending to a pregnant woman who has gone into labour at her homebirth centre in Budapest. The mother had to be urgently transferred by the ambulance to hospital because the baby displayed serious breathing difficulties immidiately after birth. The homebirth-expert has faced charges for reckless endangerment several times over the previous years. Furthermored in 2007 she was barred for three years from practicing obstetrics and gynecology, which is her profession.)