Children of foreign nationality residing in Hungary may participate in pre-school education and, after reaching school age mandatory under Hungarian law, primary school education under the same conditions as their Hungarian peers do, pointed out László Székely in his report. In his report on the investigation conducted by him ex officio, based on media reports and alerts, the Commissioner for Fundamental Rights called attention to the fact that the provisions of the Public Education Act, also regulating the education of children of foreign nationality, are not in accordance with the provisions of the sectoral acts, and their use of terms is not consistent, either.
The authorities responsible for the protection of children did not receive any information on the fact that some extremely vulnerable children in state care in Germany had been placed in foster care in Hungary. Thus the Hungarian authorities and service providers could not have taken the necessary measures even if the rights of those children, not speaking Hungarian and stuck in a foreign environment, had been infringed. In his report, the Commissioner for Fundamental Rights has made a recommendation to the Minister of Human Capacities: the authorities responsible for the protection of children should be informed, at least at county level, on the placement of foreign children in Hungarian foster care.
The Commissioner for Fundamental Rights has joined the campaign of the Council for Europe for the protection of children against sexual harassment, abuse and exploitation; and he also calls for the importance of prevention. According to Ombudsman László Székely, such concealed issues and evading responsibility advise everyone - including legislators and citizens- for having task to do in the field of protection. Actions against sexual abuse of children is the most pressing and common task in child protection.
The Ombudsman received several petitions over the last year, in which parents complained that, due to the shortage of competent specialists, their children with special educational needs would not receive the care and education recommended by the education counsellor and the expert committee. In the report on his investigation, the Commissioner for Fundamental Rights pointed out several anomalies and made some recommendations.
Following a recommendation by the Commissioner for Fundamental Rights and as a result of cooperation between the three competent ministries, a regulatory deficiency, related to the public workers' fundamental rights, has been eliminated with exemplary speed. The Ombudsman is confident that similarly quick results may be reached in other cases, related to the protection of other vulnerable groups, as well.
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.
The pharmacies' on-call and stand-by obligations, as well as the aspects to be taken into consideration by the competent regulatory organ should be clearly regulated by a statute instead of a ministerial decree, the Commissioner for Fundamental Rights has pointed out in his report. Ombudsman László Székely has requested the competent ministry to carry out a full revision of the compensation of on-call and stand-by services.
In accordance with the initiative of Ombudsman László Székely, the problematic provisions of the relevant government decree have been repealed and new, unambiguous regulations have been adopted in connection with issuing pre-degree certificates. In the course of an earlier inquiry, launched upon a complaint submitted to his Office, the Commissioner for Fundamental Rights established that the relevant government decree had overstepped its statutory authorization and, as a result, some universities set a minimum grade point average for issuing pre-degree certificates instead of issuing them upon the passing of all necessary exams.
The fact that the Burials Act's relevant provision gives a shorter list of those entitled to pay their respects at the urn containing the ashes of the deceased than that of the Civil Code infringes the requirement of legal certainty and the right of certain relatives to pay their mournful tributes. That is the reason why Ombudsman László Székely has requested the Minister of Interior to initiate the soonest possible amendment of the Act, so that–on the basis of the statement of the person compelled to arrange for the burial–not only the closest relatives, but all relatives in general could pay their respects at the urn.
Inquiring into a complaint submitted by a parent, the Commissioner for Fundamental Rights established that the Primary School of Bodajk and its maintainer, the School District of Mór, had systematically ignored some basic procedural rules providing guarantees. In his report, László Székely put forward some proposals going beyond the given case, since the issues related to the lawful and professional handling of parental petitions seemed to be systemic.
The Commissioner and the Deputy Commissioner have determined that the Miskolc authorities have developed a practice of intimidating, raid-like joint official control activities without explicit legal authorization which infringe the right to fair procedures, the right to privacy, the right to legal remedy and the principle of equal treatment. In their report, they have requested the repeal of local government decrees which contravene national law, and have assembled a list of recommendations addressed to the Miskolc Local Government and the competent ministries in order to resolve the issue of the segregated living areas of Miskolc and that of the practice of evictions and the rising trend of homelessness, urging authorities to find a long-term solution.