Welcome to the United Nations 
OHCHR 
Press releases Treaty bodies
COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONSIDERS REPORT OF HUNGARY
03 May 2007
Share
Committee on Economic, Social
and Cultural Rights
3 May 2007
The Committee on Economic, Social and Cultural Rights has considered the third periodic report of Hungary on how that country implements the provisions of the International Covenant on Economic, Social and Cultural Rights.
Erzsébet Kaponyi Kardosne, Special Representative of Hungary to the Committee and head of the delegation, said Hungary was fully committed to making all efforts in implementing the provisions of the Covenant, as it was one of the most important and at the same time normative international legal documents among all basic documents on human rights. Under the provisions of the Constitution and all acts, Hungary fully ensured all basic human rights and fundamental freedoms to its citizens. Hungary understood and clearly saw the challenges facing it across the board, and was strongly committed to actively taking further measures by involving all civil society organizations and interest groups concerned in order to enable all citizens of the country to enjoy their rights, and to have a full and independent life in line with the provisions of the Covenant.
Among the questions and issues raised by Experts were whether the Covenant was part and parcel of the legal system and whether all its provisions were enforceable in the courts; why the range of laws against discrimination against the Roma appeared to be irrelevant at the local level and whether there were any plans to strengthen these laws; the problem of the minimum wage being insufficient to cover the subsistence levels of a single household; what was the extent of the problem of familial violence and whether educational programmes had been introduced to raise awareness and discourage citizens from engaging in such types of behaviour and what sanctions were imposed at the judiciary level in this regard; and whether the Government was taking a rights-based approach to education, including in the management of the schools themselves with human rights nurtured within the school system.
The delegation of Hungary included representatives of the Permanent Mission of Hungary to the United Nations Office at Geneva, the Ministry of Social Affairs and Labour, the Ministry of Health, the Ministry of Justice and Law Enforcement, the Ministry of Education and Culture, and the Ministry for Foreign Affairs.
The concluding observations of the Committee on the report of Hungary will be issued towards the end of the session, which concludes on Friday, 20 May.
When the Committee meets at 10 a.m. on Friday, 4 May, it will start its review of the third periodic report of the Netherlands (Antilles) (E/C.12/ANT/3).
Report of Hungary
The third periodic report of Hungary (E/CN.12/HUN/3) is a consolidated version of the third and fourth periodic reports of Hungary, covering the period 1992 to 2005. In connection with the enforceability of economic, social and cultural rights, the Constitution provides that “in the Republic of Hungary everyone is entitled to have his rights and duties in legal proceedings determined in a just, public trial by an independent and impartial court established by law.” Chapter XII of the Constitution (fundamental rights and obligations) is the highest legal source of the fundamental rights. Rights deriving from international legal obligations can, as a general rule, be enforced before the courts. The
actual enforceability of these economic, social and cultural rights, however, constitutes an exception in several respects.
In Hungary, the level of women’s education is continuously rising, primarily among young women. The qualifications of women are higher than those of men in terms of school years. On the other hand, there are still stereotypes relating to traditional gender roles in various areas. There are significantly fewer women with a university degree than women with a college degree. In scientific research, segregation in special areas and under-representation of women can both be observed. Since 1981 the diminution of the population has been approximately 6.3 per cent. The expected average age has been slowly rising in the past years. Although the ratio of poverty is around 10 per cent both among women and men, the social status of poor men and poor women differs greatly. This is due to a different degree of presence in the labour market by women and men.
The Act on Equal Treatment and the Promotion of Equal Opportunities was adopted in 2003. In Hungary the Constitution and other legal regulations state the prohibition of discrimination, yet the adoption of the new regulation is of outstanding importance. This Act provides that promotion of equal opportunities is primarily an obligation of the State, with a declared purpose of providing effective legal protection to those suffering from discrimination. The 1993 Act on Social Administration and Social Benefits introduced “family support” as a personal social service. The family support centres are responsible for – inter alia – providing help for families and individuals in social, financial, mental, family or other crises besides prevention of such crisis situations. Family support centres work in strong cooperation with the child protection and public health system as well.
Presentation of Report
Erzsébet KaponyI KardosNE, Special Representative of Hungary to the Committee and Head of Delegation, said Hungary was fully committed to making all efforts in implementing the provisions of the International Covenant on Economic, Social and Cultural Rights, as it was one of the most important and at the same time normative international legal documents among all basic documents on human rights. Under the provisions of the Constitution and all acts, Hungary fully ensured all basic human rights and fundamental freedoms to its citizens. As a result of the last one and a half decades’ efforts, the Hungarian legal system was restructured and modernised; after drastic and fundamental changes the former legal system had become market-conform, and adapted to the whole acquis communautaire of the European Union, while at the same time fully implementing international standards. By taking more time and paying more attention, together with the inclusion of the widest professional circles, and by consulting social partners, civil society and interest groups, Hungary had a real chance to give such answers to the economic, social and financial challenges the country had to face.
Act No. CXXV of 2003 on equal treatment and the promotion of equal opportunities had been one of the most important legislative products of the recent period: for the first time in the history of Hungarian law, the Act contained comprehensive anti-discrimination rules. The Government had recently completed a systematised transformation of family benefits, complemented by the reform of social benefits. Analyses showed that the performance of the Hungarian social protection system was good if its impacts on the reduction of income inequalities and poverty were considered. Last year, a reform of the pension system had begun. Over the past years, the Government had paid special attention to the promotion of equal opportunities, to the enforcement of equal treatment in the diverse Hungarian society, and to the prevention of discrimination. As regarded equal treatment and the practical enforcement of equality, three areas had been in focus recently: the elimination of gender-based discrimination, support to persons with altered working capacity, and integration of the Roma population.
Vocational training and adult training had been developed in line with employment policy. One of the most critical issues was to find the sensitive balance between ensuring equal access to high-quality health care, and at the same time preserving the financial sustainability of the system. The key issue for the time being was to reconsider how the Hungarian insurance model should look in the long run. Hungary understood and clearly saw the challenges facing it across the board, and was strongly committed to actively taking further measures by involving all civil society organizations and interest groups concerned in order to enable all citizens of the country to enjoy their rights, and to have a full and independent life in line with the provisions of the Covenant.
Questions by Experts
Taking up articles one to five of the Covenant, Experts raised a wide range of questions and topics, including whether the Covenant was part and parcel of the legal system and whether all its provisions were enforceable in the courts; what was Hungary’s position on the adoption of an Optional Protocol to the Convention that would allow expression of individual complaints; the significant lack of magistrates and the need to improve the system in this regard; what was the overall policy towards the Roma minority- integration, assimilation or segregation; why the range of laws against discrimination against the Roma appeared to be irrelevant at the local level and whether there were any plans to strengthen these laws; whether the delegation could provide a list of judgements of the Supreme and Constitutional Courts which were based on provisions of the Covenant, the European Social Charter or ILO Conventions over 2006-2007; whether the National Human Rights Institution was consulted with regards to the report to make an evaluation or recommendations; what type of responsibility or competence did the Ombudsman have, and what difficulties had he run into with regards to the Parliamentary Commission on Human Rights; and whether Hungary considered human rights to be interdependent and indivisible.
Response by Delegation
Responding, the delegation said the core of the question on justiciability was how an international covenant fitted into the Hungarian legal system. The latter was a dual system, in which the different international conventions become compulsory and applicable for all by promulgating them through a Hungarian Act or piece of Government legislation or ordinance. International conventions and covenants were part of the legal system, and were a compulsory legal norm. Hungary followed the European continental legal system, and the promulgated covenant appeared in sectoral legislation, as discussed and adopted by Parliament. The courts did not therefore directly refer to the covenant, but to the actual piece of legislation or ordinance in which the different parts of the covenant were explained.
Fundamental rights were regulated by the Constitution quite exhaustively, but the content and most important elements were not drafted in detailed rules. It was the job of the Constitutional Court to go into the details of these rights. Restrictions of rights could only be done if absolutely necessary, and then only in a proportional way, and the Court analysed if these restrictions of rights were constitutional, proportional and necessary. If somebody felt that in a court case, the courts were delayed too much, then a complaint could be lodged. If the courts did not do their job at a reasonable speed, then a higher court could order immediate progress on the issue - and this was a way in which Hungary was attempting to guarantee rights.
There were four people in the Ombudsman’s Office: a General Commissioner for Human Rights, his deputy, an Ombudsman for national and minority rights, and an Ombudsman for data protection, the delegation said. The Commissioner was elected by Parliament. The job of the Ombudsman was to ensure that all the constitutional rights were enforced, and to investigate any cases of discrepancies or irregularities. In order to do so, the Ombudsman had wide-ranging investigation, supervision and other powers. He could also give recommendations to the bodies that had created such discrepancies or irregularities, and these had to comply with his recommendations. Hungary considered it important for the Ombudsman to be part of the Parliament.
The Equal Treatment Authority had different competencies and jobs, the delegation said. It was a Government agency, and acted as an authority, with the tasks of an authority, namely to investigate specific individual complaints and even provide legal assistance. After turning to the Authority, there was an opportunity to also go to court - and the Authority itself could be taken to court. When turning to the courts, citizens had to pay court fees and duties, although these were not very high - the Authority provided speedier and cheaper results. According to Hungarian law, the burden of proof lay upon the victim, and this was the main rule. The new law on equal treatment had reversed this obligation, and it was now only necessary to prove that there was probable infringement of rights.
With regards to the minorities, Hungary was attempting to make these a part of the State, as it said in the Constitution. In order to guarantee minority rights, the Minority Act provided both individual and collective rights to the members of the minorities, including education in their own language, and the right to create minority self-governments, the delegation said. With regards to the Roma minority and the Roma Anti-Discrimination Network, this latter existed as the experience of legislators was that this was an area where there was a need for free of charge legal assistance, and this was the aim of the Network.
The Roma were referred to as a minority. There were 13 minorities in Hungary, with the Roma considered a special case, as their situation remained difficult, Ms. Kardosne said. Hungary was in fourth place in Europe with the number of the Roma population, which was estimated to be about 6 per cent of the population.
All self-governments were represented locally and nationally, and represented the rights of all minorities, the delegation said. Hungary felt that in the course of integration, the State also had certain responsibilities and duties, including help with preserving the identity of the given minority, and viewed assimilation as the personal choice of the individual. Ever since 1995, certain Government decrees had been enacted referring to the tasks of the State, and these were carried through the different terms of Government, and had been implemented, with the involvement of the National Gypsy Self-Government, and the national non-governmental organizations. The Roma had always suffered from discrimination in attitudes, and the Government had done much work to change these attitudes. However, even today, it was not satisfied with its progress, although it had become a model and example country where it was possible to monitor Government action in this regard.
The Government had prepared a Roma Integration Strategy, and had adopted it only last week. There were however cases in which the Government noticed that services were not used equally, the delegation said, either for infrastructure reasons, lack of knowledge, or, in some cases, discrimination. The Roma Anti-Discrimination Network provided legal resources and advocacy in cases of the latter.
Work was being done to expand gender-mainstreaming in public administration, and to reconcile employment and child-bearing. The participation of women in political and economic areas was encouraged, the delegation said. On the Equal Treatment Authority, the Prime Minister appointed the head of this Authority. In 2007, the budget of the Authority had been decreased, as had the staff level. Within the framework of public administration reform, all Governmental bodies had had to reduce the staff level, but this had all been done on rational lines.
Every patient had the right, in cases of emergency, to life-saving care, in order to prevent severe or lasting damage and to reduce pain and suffering, the delegation said. Everybody had the right to health care, in line with equal treatment principles. The State had the responsibility of running a health-care system that provided the necessary quality and quantity of services at the right level of efficiency.
On what kind of international conventions Hungary would like to join, it had been one of the first to sign the United Nations Convention on the Rights of Peoples with Disabilities, along with its additional Protocol, which provided the possibility of filing individual complaints with the United Nations, the delegation said. It was also important that Hungary could actually hold a court case only if it was aware of an international covenant. It was important that the mentally-hindered, who had difficulties understanding texts, were given texts of international covenants concerning them in a language that they could understand, such as in Braille, sign language, and easy-to-understand formats.
Questions by Experts
In follow-up questions, Experts asked whether the provisions of the Covenant were applicable in the courts implicitly, and said that if this was the case, it was not satisfactory; and what were the concrete mechanisms for monitoring and enforcement of good international legislation by local Governments and municipalities. Experts also requested clarification of the role of the Ombudsman, and what was the relationship between the latter and the Parliamentary Commission, including what limits the Commission put on the activities of the Ombudsman.
Response by Delegation
Responding to the follow-up questions, Ms. Kardosne said with regards to the status of the Ombudsman, the Hungarian legal system had an important duty to investigate irregularities in constitutional rights, and this was the main goal of the Ombudsman - to investigate cases and formulate recommendations. The Ombudsman was elected by the Parliament, and there were strict incompatibility rules, as well as absolute independence, subordinate only to the Constitution. The Ombudsman could investigate every process, and had a right to investigate the practices of the authorities. After investigation, the Ombudsman formulated recommendations, and these were dealt with at a Parliamentary level. The Parliamentary Commission on Human Rights had the duty of follow-up for these recommendations. Regulation in Hungarian law followed the Paris Principles in this regard.
The international conventions were directly applicable in Hungarian law, Ms. Kardosne said, were an integral part of the Hungarian legal system, and were implemented in national law. Judges could refer directly to international conventions, but for practical reasons they preferred to refer to national law. Hungarian judges were absolutely independent, and could not be given any order at all. The number of judges was not fixed, nor limited - it depended on the situation, and depended on the decisions of the National Justice Council and the courts themselves. European law had a cross-cutting nature, and Hungary referred to the European Social Charter and other directives. Hungary was ready to ratify the Optional Protocol to the Convention against Torture, and had signed the two additional Protocols to the Convention on the Rights of the Child. It was planning to ratify every international convention, but recognised that further efforts were required in this regard.
On regional discrepancies, this was a problem of social and economic coherency. The new Hungarian development plan covered the development of 238 disadvantaged regions, to develop 600 small towns and further balance the situation. There were European sources to solve this problem, complying with the Lisbon Strategy of the European Union, Ms. Kardosne said.
The Hungarian Government, the delegation said, was just about to establish an inter-Parliamentary human rights committee, which would implement the recommendations of treaty bodies, and coordinate the production of reports submitted to the latter. This would also be in charge of keeping going a continuous dialogue with civil society, non-governmental organizations and academic circles to keep aware of current issues and to discuss the concluding remarks on the reports. Hopefully, the committee would be functional by September. On the integration of the values of minority cultures into Hungarian and European culture, Hungary tried to make minority culture an integral part of the wider Hungarian culture. Positive discrimination in education regarding financing existed in Hungary. The most vulnerable groups had been identified, and institutions received extra funds from the central budget. There were also scholarship systems set up to foster equal opportunities. Affirmative action was also observed in higher educational institutions.
Questions by Experts
In further follow-up questions, Experts asked, among other things, about the legal status of the Convention and the issue of first-, second- and third-generation rights, and whether the Covenant’s provisions created legally binding obligations for the State party; the situation of equality for women and which body was competent for monitoring the degree of enjoyment of their rights; whether there was a specific law for equality of women to guide the work of the State party; and what was the capacity of the non-discrimination authority to deal with economic, social and cultural rights in particular.
Response by Delegation
Responding, Ms. Kardosne said the Covenant imposed various real obligations on Hungary, and the country intended to formalise and implement them in practice. Maybe there was a need to change laws and the Hungarian Constitution, but there was no real political consensus on this issue, although efforts were underway to clarify the position and find a solution. On the status of the Covenant in the legal system, the delegation said it was an integral part of the system, and had been promulgated in 1976, when it became part of the national system. The Constitution actually stated that international agreements and Covenants and their basic principles were an integral part of the legal system. The Ombudsman could initiate constitutional court procedures if an unlawful action was identified. The equal treatment body had the opportunity to levy a fine as a form of sanction, and could also make certain cases public, as well as transferring cases to the courts.
Experts then asked further questions as to the actual functioning of the Equal Treatment Authority, and whether it was capable of making decisions with regards to the Covenant.
Questions by Experts
Taking up articles six to nine of the Covenant, Experts raised issues and asked questions on, among other things, the issue of Roma unemployment, as figures were ten times higher than for the rest of the population, and what the Government was doing specifically in this regard; the problem of the minimum wage being insufficient to cover the subsistence levels of a single household, and whether the situation had changed due to legislative revisions in 2006 in particular with regards to an improvement in rights; what was being done with regards to marginalized groups and what were the results for programmes that were put into practice in this area; what was being done to inform employers of the problem of the number of serious accidents in the workplace and the need to inform the general public of their rights in this regard as well as to inform employers of their liability in this regard; what was done to educate foreign workers, including illegal immigrants, as to their labour rights; whether there was any person in the administration watching the situation of Hungarians working either seasonally or long-term abroad, including in European Union countries; and a request for information on the total amount of the State budget spent on social security and insurance, along with the total coverage of State security according to population segments.
Response by Delegation
Responding, Ms. Kardosne said the origin of the problem of Roma employment was to be found in the 1980s, and the problem of social integration of the Roma could only be realised over a long-term period of several decades, as it was a serious and complex problem. There was 57 per cent active employment in Hungary, the delegation said, and there was a segment of the population whose employment was not guaranteed. There were various programmes in this regard, as well as a number of subsidy systems in place aimed at increasing the chances of disadvantaged people of entering the labour market. The Hungarian budget spent 50 billion forints every year for fostering employment through various means. The relatively high rate of inactivity could be explained by the fact that the young were not present in the right numbers on the labour market. All available tools were being used to increase employment.
On Roma employment, the low level of schooling and lack of professional training of Roma were serious and severe disadvantages, the delegation said, and in case of unemployment, there were usually other prevailing conditions, and the problem of employment was usually aggravated by other disadvantages.
Efforts were being made to provide employment for disabled persons. Today, the real challenge was how to reintegrate special knowledge into education. A kind of classification, rehabilitation and employment of professionals who could deal with disability issues needed to take place. Social attitudes towards disabilities were slowly changing, but it was a difficult issue to tackle, in particular with regards to employers. There was a need for accessible working opportunities and equal opportunities for the disabled; it was a fact that working places were not accessible. The social system provided elementary education for persons with disabilities, but vocational training had only been provided since 1995. Efforts were also being made with regards to rehabilitation into the labour market. Every employer had to provide an equal opportunity action plan in order to deal with employees from different groups.
With regards to trade unions and labour law, the delegation said the basic philosophy of the labour code was that there were basic guarantees for employees, who should receive a payment that provided minimum subsistence. The Government set the minimum wage every year which had to be paid to employees. If they received less, then the employee’s legal relationship with the employer became void, and they could take the latter to court. There was a differentiation with regards to the qualification of the employee in question - those with higher educational diplomas had to receive a certain amount. Labour inspectors visited companies and if they found that safety regulations were disregarded, then they could apply certain legal sanctions, including fines. With regards to trade unions and the freedom to organise these, this was a right provided by the Constitution.
On seasonal workers, anybody who came to work in Hungary was covered by Hungarian labour rules, and enforcement of such regulations were monitored by the Inspectors of the Labour Inspectorate. However, when the parties agreed on a different law being applied, such as the law of another country, the legal system stipulated that certain laws be applied, including minimum wage and days of annual leave. Hungarians who worked abroad were under the competence of the labour codes of the countries in which they were working. The annexes of the report contained detailed data on the foundations of social security. Even though there had been concerns raised in the Committee with regards to the extent of and access to social security, the rate of social security expenditures reflected the economic development of Hungary. Benefits were both in the form of funds and in the form of in-kind benefits. Social benefits, as a percentage of the GDP was 19.4 in 2000, and had increased since.
On social security coverage, in the late 1990s, there had been a paradigm shift with the beginning of the reform process, and social security benefits coming to be linked to work and contribution payments in order to be entitled, the delegation said. A diversified multi-tier system had developed. The report contained realistic data with regards to coverage. The number of beneficiaries was about 4 million. Health insurance covered the entire population, but changes were taking place in this regards. Employers and employees were both obliged to make contributions to the pension fund. Social security provided a pension to those of retirement age, and those who were not entitled could receive a form of old-age annuity. There were also benefits such as free public transport and healthcare.
Questions by Experts
In follow-up questions, Experts asked, among other things, for detailed and concrete information concerning people working mostly in the informal economy, in particular foreigners, how many there were, and how many were forced to leave every year due to such factors as violation of the immigration laws; a request for statistics on work-related accidents and a comparison between Hungarians and foreign workers in this regard; whether the public pension system was solid financially and would in the future provide a decent amount to pensioners; minimum standards and criteria for social assistance at the local level; whether there was a draft law or law on equal opportunities and if not whether there was any intention to create such a law; and what the Equal Opportunities Board actually did, in particular with regards to ensuring equality of salaries for women and whether it functioned in the private sector.
Response by Delegation
Responding, the delegation said there were serious debates and Hungary was embarking on a reform of the pension system, as it had problems of aging and other demographic challenges. There were already some measures in place to reduce the deficit and to consolidate the pension fund. Social security had by law to be provided in a way as defined by the Covenant. The Government put in a significant amount to the pension fund. There were three “packages” in the social security system, covering a range of options. The Government was planning to file a resolution with a National Action Plan to define the national tasks required to reduce inequality.
The Social Equality of Men and Women Council consisted of representatives of civil society and non-governmental organizations as well as the Government, and it drafted legislation which it thought would be positive. The civil sector and the scientific sector also indicated the types of legislation that they wished to comment on, and put forward proposals on how the gender equality principle should prevail when funds were used or granted for a specific purpose. Sexual harassment was not included in the Criminal Code, but this did not mean it was not taken into account in court judgements, the delegation said. There were a number of organizations which attempted to monitor changes in equality and gender distribution in some professions. The “glass ceiling” was not unique to Hungary, and social attitudes needed to be changed, as well as more information provided to women with regards to their opportunities for training and reintegration after giving birth.
Questions by Experts
Taking up articles 10 to 12, Experts asked, among other things, what was being done with regards to housing rights for the Roma, who were subject to forced evictions among other problems, and the need for the Government to resolve these problems, in particular as those evicted became homeless and had their children taken away from them; the need for a national policy of social housing; what was the extent of the problem of familial violence and whether educational programmes had been introduced to raise awareness and discourage citizens from engaging in such types of behaviour and what sanctions were imposed at the judiciary level in this regard; what was being done to put an end once and for all to the practice of corporal punishment; what were the causes for the recent rises in homelessness and new urban and rural slums, and whether the Government could provide benchmarks and goals with regards to the use of financial resources in this regard; what measures the Government was taking to ensure that all persons had access to a General Practitioner; why there was an increase in outbreaks of eradicable and contagious diseases such as hepatitis; and what was the reason for the societal attitude to women that impeded them from advancing in the labour market.
Response by Delegation
Responding to these questions and issues, the delegation said that many Roma lived in small urban settlements and in slums. The Government and local Governments had been working to solve the problem for years, and had recently started a very complex rehabilitation programme, aiming to resettle these populations and to enhance the villages in which the Roma lived. This complex social reintegration programme also contained elements of education, with the elimination of segregated classes. It was important for roads and potable water to be provided in small settlements where the entire population was of the Roma group. The amount of welfare housing was indeed very small in Hungary, and the Development Bank had offered funds so that local Governments could build such housing. The European Union funds could be used to change the situation of disadvantaged settlements and carry out certain developments therein, in, for example, such ways that could bring to an end the disadvantage under which these areas suffered, and to eliminate urban ghettoes.
The Ministry of Health was providing local funds to ensure that general practitioners were more wide spread, the delegation said. Work was also being done to fight communicable diseases through compulsory vaccination. A number of areas, including mental health, were being funded widely, and programmes had the involvement of civil society and non-governmental organizations (NGOs). Hungary had a very low HIV/AIDS infection rate, as this had constantly been a priority, with many prevention and consultation programmes. The national HIV/AIDS Committee, with the participation of NGOs, discussed the issue annually with the aim of planning for the upcoming year. Medication was provided to the infected totally free of charge, and the latest medications were available to patients. Certain targeted tolerance programmes had been launched in hospitals and among the Roma to provide more information as to how to behave in hospitals.
Forced sterilisation of women had been abolished, the delegation said. On domestic violence and its regulation, there was no separate act on domestic violence, but this did not mean the issue was not regulated in other legislation. The Family Act, among others, regulated the issue. The Criminal Procedure Code was amended almost a year ago, and criminalized such behaviour, even to the extent of restriction of property.
International obligations related to trafficking in humans were extremely important, the delegation said, even more so as Hungary was basically a transit country, and this was why it was trying very much to participate in international action to eliminate this phenomenon. Within the European Union, Hungary had wide-ranging cooperation, and considered bilateral agreements to be just as important, and therefore had a large number of these. Penitentiary institutions were being modernised and transformed, reducing crowding and upgrading these institutions. However, the problem in this area was a lack of funds, which could only be allocated gradually, making the project a medium-term one.
On corporal punishment of children, several branches of legislation covered this, including the Legal Code and the 1997 Act on the Protection of the Child which specifically prohibited negative treatment of children. A child could not be removed from the family for financial reasons. Hungary was not currently satisfied with the situation with regards to day care, as only about 8 per cent of children currently received this, the delegation said. There were 17,000 children who had been taken from their families: 53 were with families, the rest were mainly in small family-type homes. Children were either placed back in their families or adopted.
Homelessness was a complex issue which required complex programmes, and there were various forms of these, including funds for young couples to buy their own home, care for the homeless, street outreach workers, crisis vans in urban areas, a healthcare centre particularly for the homeless, and a re-housing programme. A disability act had recently been introduced, based on the human rights of the disabled, and regardless of their social situation, the delegation said. The larger welfare institutions were being broken down into smaller group homes with a day-care ambience.
In follow-up questions, Experts asked if there was a unit within the police to monitor and prosecute those who were engaged in the dirty business of trafficking; and whether there were cases of trafficking for purposes of organ extraction.
Responding, the delegation said that statistics could be provided later on by letter. Hungary truly was a transit country, and was primarily so. There was a minor amount of trafficking from Hungary itself, but this was significantly less. There was a separate unit within the police force which was specialised in trafficking in humans, and this group cooperated with the border forces, attempting to halt these crimes, and concentrating on these issues. On the trade in human organs, legal regulation was in progress, and there were joint waiting lists and donor searches across Europe in order to ensure better service for the ailing population. There were no reported cases of trafficking in human organs.
Questions by Experts
Taking up articles 13 to 15, Experts raised issues such as whether education was compulsory up to the age of 18; issues linked to teaching in small minority schools which lacked sufficient funding to receive teaching in their mother tongue; what was the real effectiveness of the measures taken to increase education figures among the Roma; a request for further information on religious or faith-based schools; the practice of making Roma children private students in order to exclude them from state schools, and whether measures were being taken to reverse this situation; whether there were positive measures being taken to protect the 13 linguistic minorities within Hungary; whether the Government was taking a rights-based approach to education, including in the management of the schools themselves with human rights nurtured within the school system; the lack of an overall cultural law covering all aspects of culture, and instead different laws covering each sector; the need to make the population feel as one and to surmount the problem of “the other”; and what was the percentage of graduates from higher education, including which were ethnic minorities as well as Roma.
Response by Delegation
Responding, the delegation said with regards to equal opportunity and Roma children, there was a positive attitude towards inclusive education among all stakeholders in Hungary, and there was an intent to address the specific needs of Roma children. The country had a strong and well-developed Roma non-governmental organization system, whose groups helped to improve the situation of the Roma, and had done so for some time. In the last few years, there had been a serious transition in the field of education, which was becoming more and more of a public priority. There were free textbooks available for Roma students, and affirmative action was institutionally incorporated in the higher education system.
At least 770 segregated classes existed in Hungary, the delegation said, and de-segregation was financed from the State budget, as well as from European social funds. Every year there were 30,000 less children in Hungary. About one quarter of children were disadvantaged, many multiply disadvantaged, at least 50 per cent of which latter were Roma. Efforts to improve the situation of the multiply disadvantaged were thus widely aimed at the Roma. Many of those in segregated classes fell into the “special needs” category.
On whether equal opportunity measures had been successful, the delegation said that a lot of these were built on each other, and thus had a cumulative effect. Children were encouraged to continue education, and funding was provided even if they were of limited intelligence. It was possible to reorganise the educational systems in settlements. Education up to 20 was only compulsory if a child had special needs, but the general average was up to 18, for both special needs and other children. Because of the equal opportunity measures, there was an increasing trend for Roma to attend higher educational institutions. On what the Government did to ensure the maintenance of equal opportunities, teachers had been given training in methodology to ensure that opportunities for disadvantaged children could be provided.
Churches and religious organizations in Hungary had a chance to set up schools, whether primary, secondary, or higher. When a Church registered a school, it was given complementary norms so that it could welcome all types of children, including the disadvantaged, the delegation said. All languages were treated equally, and Hungary was party to the Language Charter of Regional and Minority Languages of the Council of Europe, and intended to expand this to more languages in the future. By 2013, Hungary intended to reach European levels of information and communication technology coverage within schools, and level off the difference between settlement and urban schools. Over the last decade, the number of students enrolled in higher education had increased four times. This had now stopped, with a levelling off, and the focus was now on increasing the quality of higher education, and increasing its importance on the labour market.
It was important that culture be a free activity, the delegation said. The Government offered support to public culture activities such as libraries and museums, in the context of the protection of heritage and the activities of cultural civil institutions. All local Governments had the compulsory task to provide at least a space for civil public cultural activities, and there was State funding for these activities. Hungary had a very new, very recent Cultural Policy Document which outlined the most important directions that had to be followed, and it was now time to translate into practice and put into action what was included in this strategic document, as the role of culture would be more and more important in education, and would be included in the basic national curriculum. Just yesterday an Act entered into force which made it obligatory to make Hungarian TV programmes accessible by subtitling programmes.
Concluding Remarks
Erzsébet KaponyI KardosNE, Special Representative of Hungary to the Committee and Head of Delegation, in concluding remarks, said Hungary appreciated the efforts of the Committee Members for the interesting and constructive dialogue, and appreciated not only the questions, but also the advice given. Hungary had received justified questions, and had tried to give comprehensive answers on the achievements and shortcomings of the reporting period, which was very long, 15 years. Hungary had tried to give a clear picture of the situation. In accordance with principles, economic, social and cultural rights could be achieved in various political settings. Hungary believed there were several roads for this, but had to find the way in the shortest possible time. All rights under the Covenant had the same importance for Hungary, and were inter-related and inter-dependent.
Hungary was making progress for the full realisation of these rights, but progress remained to be done. There were some groups, both Roma and non-Roma, who had dropped into the interstices of society, and the Government needed to work on this, and seek to establish a human rights-friendly social environment. After receiving the conclusions, Hungary would revisit the issues raised over the last two days, and the Government would take these into account in its future programmes and policies.
__________
For use of the information media; not an official record
and Cultural Rights
3 May 2007
The Committee on Economic, Social and Cultural Rights has considered the third periodic report of Hungary on how that country implements the provisions of the International Covenant on Economic, Social and Cultural Rights.
Erzsébet Kaponyi Kardosne, Special Representative of Hungary to the Committee and head of the delegation, said Hungary was fully committed to making all efforts in implementing the provisions of the Covenant, as it was one of the most important and at the same time normative international legal documents among all basic documents on human rights. Under the provisions of the Constitution and all acts, Hungary fully ensured all basic human rights and fundamental freedoms to its citizens. Hungary understood and clearly saw the challenges facing it across the board, and was strongly committed to actively taking further measures by involving all civil society organizations and interest groups concerned in order to enable all citizens of the country to enjoy their rights, and to have a full and independent life in line with the provisions of the Covenant.
Among the questions and issues raised by Experts were whether the Covenant was part and parcel of the legal system and whether all its provisions were enforceable in the courts; why the range of laws against discrimination against the Roma appeared to be irrelevant at the local level and whether there were any plans to strengthen these laws; the problem of the minimum wage being insufficient to cover the subsistence levels of a single household; what was the extent of the problem of familial violence and whether educational programmes had been introduced to raise awareness and discourage citizens from engaging in such types of behaviour and what sanctions were imposed at the judiciary level in this regard; and whether the Government was taking a rights-based approach to education, including in the management of the schools themselves with human rights nurtured within the school system.
The delegation of Hungary included representatives of the Permanent Mission of Hungary to the United Nations Office at Geneva, the Ministry of Social Affairs and Labour, the Ministry of Health, the Ministry of Justice and Law Enforcement, the Ministry of Education and Culture, and the Ministry for Foreign Affairs.
The concluding observations of the Committee on the report of Hungary will be issued towards the end of the session, which concludes on Friday, 20 May.
When the Committee meets at 10 a.m. on Friday, 4 May, it will start its review of the third periodic report of the Netherlands (Antilles) (E/C.12/ANT/3).
Report of Hungary
The third periodic report of Hungary (E/CN.12/HUN/3) is a consolidated version of the third and fourth periodic reports of Hungary, covering the period 1992 to 2005. In connection with the enforceability of economic, social and cultural rights, the Constitution provides that “in the Republic of Hungary everyone is entitled to have his rights and duties in legal proceedings determined in a just, public trial by an independent and impartial court established by law.” Chapter XII of the Constitution (fundamental rights and obligations) is the highest legal source of the fundamental rights. Rights deriving from international legal obligations can, as a general rule, be enforced before the courts. The
actual enforceability of these economic, social and cultural rights, however, constitutes an exception in several respects.
In Hungary, the level of women’s education is continuously rising, primarily among young women. The qualifications of women are higher than those of men in terms of school years. On the other hand, there are still stereotypes relating to traditional gender roles in various areas. There are significantly fewer women with a university degree than women with a college degree. In scientific research, segregation in special areas and under-representation of women can both be observed. Since 1981 the diminution of the population has been approximately 6.3 per cent. The expected average age has been slowly rising in the past years. Although the ratio of poverty is around 10 per cent both among women and men, the social status of poor men and poor women differs greatly. This is due to a different degree of presence in the labour market by women and men.
The Act on Equal Treatment and the Promotion of Equal Opportunities was adopted in 2003. In Hungary the Constitution and other legal regulations state the prohibition of discrimination, yet the adoption of the new regulation is of outstanding importance. This Act provides that promotion of equal opportunities is primarily an obligation of the State, with a declared purpose of providing effective legal protection to those suffering from discrimination. The 1993 Act on Social Administration and Social Benefits introduced “family support” as a personal social service. The family support centres are responsible for – inter alia – providing help for families and individuals in social, financial, mental, family or other crises besides prevention of such crisis situations. Family support centres work in strong cooperation with the child protection and public health system as well.
Presentation of Report
Erzsébet KaponyI KardosNE, Special Representative of Hungary to the Committee and Head of Delegation, said Hungary was fully committed to making all efforts in implementing the provisions of the International Covenant on Economic, Social and Cultural Rights, as it was one of the most important and at the same time normative international legal documents among all basic documents on human rights. Under the provisions of the Constitution and all acts, Hungary fully ensured all basic human rights and fundamental freedoms to its citizens. As a result of the last one and a half decades’ efforts, the Hungarian legal system was restructured and modernised; after drastic and fundamental changes the former legal system had become market-conform, and adapted to the whole acquis communautaire of the European Union, while at the same time fully implementing international standards. By taking more time and paying more attention, together with the inclusion of the widest professional circles, and by consulting social partners, civil society and interest groups, Hungary had a real chance to give such answers to the economic, social and financial challenges the country had to face.
Act No. CXXV of 2003 on equal treatment and the promotion of equal opportunities had been one of the most important legislative products of the recent period: for the first time in the history of Hungarian law, the Act contained comprehensive anti-discrimination rules. The Government had recently completed a systematised transformation of family benefits, complemented by the reform of social benefits. Analyses showed that the performance of the Hungarian social protection system was good if its impacts on the reduction of income inequalities and poverty were considered. Last year, a reform of the pension system had begun. Over the past years, the Government had paid special attention to the promotion of equal opportunities, to the enforcement of equal treatment in the diverse Hungarian society, and to the prevention of discrimination. As regarded equal treatment and the practical enforcement of equality, three areas had been in focus recently: the elimination of gender-based discrimination, support to persons with altered working capacity, and integration of the Roma population.
Vocational training and adult training had been developed in line with employment policy. One of the most critical issues was to find the sensitive balance between ensuring equal access to high-quality health care, and at the same time preserving the financial sustainability of the system. The key issue for the time being was to reconsider how the Hungarian insurance model should look in the long run. Hungary understood and clearly saw the challenges facing it across the board, and was strongly committed to actively taking further measures by involving all civil society organizations and interest groups concerned in order to enable all citizens of the country to enjoy their rights, and to have a full and independent life in line with the provisions of the Covenant.
Questions by Experts
Taking up articles one to five of the Covenant, Experts raised a wide range of questions and topics, including whether the Covenant was part and parcel of the legal system and whether all its provisions were enforceable in the courts; what was Hungary’s position on the adoption of an Optional Protocol to the Convention that would allow expression of individual complaints; the significant lack of magistrates and the need to improve the system in this regard; what was the overall policy towards the Roma minority- integration, assimilation or segregation; why the range of laws against discrimination against the Roma appeared to be irrelevant at the local level and whether there were any plans to strengthen these laws; whether the delegation could provide a list of judgements of the Supreme and Constitutional Courts which were based on provisions of the Covenant, the European Social Charter or ILO Conventions over 2006-2007; whether the National Human Rights Institution was consulted with regards to the report to make an evaluation or recommendations; what type of responsibility or competence did the Ombudsman have, and what difficulties had he run into with regards to the Parliamentary Commission on Human Rights; and whether Hungary considered human rights to be interdependent and indivisible.
Response by Delegation
Responding, the delegation said the core of the question on justiciability was how an international covenant fitted into the Hungarian legal system. The latter was a dual system, in which the different international conventions become compulsory and applicable for all by promulgating them through a Hungarian Act or piece of Government legislation or ordinance. International conventions and covenants were part of the legal system, and were a compulsory legal norm. Hungary followed the European continental legal system, and the promulgated covenant appeared in sectoral legislation, as discussed and adopted by Parliament. The courts did not therefore directly refer to the covenant, but to the actual piece of legislation or ordinance in which the different parts of the covenant were explained.
Fundamental rights were regulated by the Constitution quite exhaustively, but the content and most important elements were not drafted in detailed rules. It was the job of the Constitutional Court to go into the details of these rights. Restrictions of rights could only be done if absolutely necessary, and then only in a proportional way, and the Court analysed if these restrictions of rights were constitutional, proportional and necessary. If somebody felt that in a court case, the courts were delayed too much, then a complaint could be lodged. If the courts did not do their job at a reasonable speed, then a higher court could order immediate progress on the issue - and this was a way in which Hungary was attempting to guarantee rights.
There were four people in the Ombudsman’s Office: a General Commissioner for Human Rights, his deputy, an Ombudsman for national and minority rights, and an Ombudsman for data protection, the delegation said. The Commissioner was elected by Parliament. The job of the Ombudsman was to ensure that all the constitutional rights were enforced, and to investigate any cases of discrepancies or irregularities. In order to do so, the Ombudsman had wide-ranging investigation, supervision and other powers. He could also give recommendations to the bodies that had created such discrepancies or irregularities, and these had to comply with his recommendations. Hungary considered it important for the Ombudsman to be part of the Parliament.
The Equal Treatment Authority had different competencies and jobs, the delegation said. It was a Government agency, and acted as an authority, with the tasks of an authority, namely to investigate specific individual complaints and even provide legal assistance. After turning to the Authority, there was an opportunity to also go to court - and the Authority itself could be taken to court. When turning to the courts, citizens had to pay court fees and duties, although these were not very high - the Authority provided speedier and cheaper results. According to Hungarian law, the burden of proof lay upon the victim, and this was the main rule. The new law on equal treatment had reversed this obligation, and it was now only necessary to prove that there was probable infringement of rights.
With regards to the minorities, Hungary was attempting to make these a part of the State, as it said in the Constitution. In order to guarantee minority rights, the Minority Act provided both individual and collective rights to the members of the minorities, including education in their own language, and the right to create minority self-governments, the delegation said. With regards to the Roma minority and the Roma Anti-Discrimination Network, this latter existed as the experience of legislators was that this was an area where there was a need for free of charge legal assistance, and this was the aim of the Network.
The Roma were referred to as a minority. There were 13 minorities in Hungary, with the Roma considered a special case, as their situation remained difficult, Ms. Kardosne said. Hungary was in fourth place in Europe with the number of the Roma population, which was estimated to be about 6 per cent of the population.
All self-governments were represented locally and nationally, and represented the rights of all minorities, the delegation said. Hungary felt that in the course of integration, the State also had certain responsibilities and duties, including help with preserving the identity of the given minority, and viewed assimilation as the personal choice of the individual. Ever since 1995, certain Government decrees had been enacted referring to the tasks of the State, and these were carried through the different terms of Government, and had been implemented, with the involvement of the National Gypsy Self-Government, and the national non-governmental organizations. The Roma had always suffered from discrimination in attitudes, and the Government had done much work to change these attitudes. However, even today, it was not satisfied with its progress, although it had become a model and example country where it was possible to monitor Government action in this regard.
The Government had prepared a Roma Integration Strategy, and had adopted it only last week. There were however cases in which the Government noticed that services were not used equally, the delegation said, either for infrastructure reasons, lack of knowledge, or, in some cases, discrimination. The Roma Anti-Discrimination Network provided legal resources and advocacy in cases of the latter.
Work was being done to expand gender-mainstreaming in public administration, and to reconcile employment and child-bearing. The participation of women in political and economic areas was encouraged, the delegation said. On the Equal Treatment Authority, the Prime Minister appointed the head of this Authority. In 2007, the budget of the Authority had been decreased, as had the staff level. Within the framework of public administration reform, all Governmental bodies had had to reduce the staff level, but this had all been done on rational lines.
Every patient had the right, in cases of emergency, to life-saving care, in order to prevent severe or lasting damage and to reduce pain and suffering, the delegation said. Everybody had the right to health care, in line with equal treatment principles. The State had the responsibility of running a health-care system that provided the necessary quality and quantity of services at the right level of efficiency.
On what kind of international conventions Hungary would like to join, it had been one of the first to sign the United Nations Convention on the Rights of Peoples with Disabilities, along with its additional Protocol, which provided the possibility of filing individual complaints with the United Nations, the delegation said. It was also important that Hungary could actually hold a court case only if it was aware of an international covenant. It was important that the mentally-hindered, who had difficulties understanding texts, were given texts of international covenants concerning them in a language that they could understand, such as in Braille, sign language, and easy-to-understand formats.
Questions by Experts
In follow-up questions, Experts asked whether the provisions of the Covenant were applicable in the courts implicitly, and said that if this was the case, it was not satisfactory; and what were the concrete mechanisms for monitoring and enforcement of good international legislation by local Governments and municipalities. Experts also requested clarification of the role of the Ombudsman, and what was the relationship between the latter and the Parliamentary Commission, including what limits the Commission put on the activities of the Ombudsman.
Response by Delegation
Responding to the follow-up questions, Ms. Kardosne said with regards to the status of the Ombudsman, the Hungarian legal system had an important duty to investigate irregularities in constitutional rights, and this was the main goal of the Ombudsman - to investigate cases and formulate recommendations. The Ombudsman was elected by the Parliament, and there were strict incompatibility rules, as well as absolute independence, subordinate only to the Constitution. The Ombudsman could investigate every process, and had a right to investigate the practices of the authorities. After investigation, the Ombudsman formulated recommendations, and these were dealt with at a Parliamentary level. The Parliamentary Commission on Human Rights had the duty of follow-up for these recommendations. Regulation in Hungarian law followed the Paris Principles in this regard.
The international conventions were directly applicable in Hungarian law, Ms. Kardosne said, were an integral part of the Hungarian legal system, and were implemented in national law. Judges could refer directly to international conventions, but for practical reasons they preferred to refer to national law. Hungarian judges were absolutely independent, and could not be given any order at all. The number of judges was not fixed, nor limited - it depended on the situation, and depended on the decisions of the National Justice Council and the courts themselves. European law had a cross-cutting nature, and Hungary referred to the European Social Charter and other directives. Hungary was ready to ratify the Optional Protocol to the Convention against Torture, and had signed the two additional Protocols to the Convention on the Rights of the Child. It was planning to ratify every international convention, but recognised that further efforts were required in this regard.
On regional discrepancies, this was a problem of social and economic coherency. The new Hungarian development plan covered the development of 238 disadvantaged regions, to develop 600 small towns and further balance the situation. There were European sources to solve this problem, complying with the Lisbon Strategy of the European Union, Ms. Kardosne said.
The Hungarian Government, the delegation said, was just about to establish an inter-Parliamentary human rights committee, which would implement the recommendations of treaty bodies, and coordinate the production of reports submitted to the latter. This would also be in charge of keeping going a continuous dialogue with civil society, non-governmental organizations and academic circles to keep aware of current issues and to discuss the concluding remarks on the reports. Hopefully, the committee would be functional by September. On the integration of the values of minority cultures into Hungarian and European culture, Hungary tried to make minority culture an integral part of the wider Hungarian culture. Positive discrimination in education regarding financing existed in Hungary. The most vulnerable groups had been identified, and institutions received extra funds from the central budget. There were also scholarship systems set up to foster equal opportunities. Affirmative action was also observed in higher educational institutions.
Questions by Experts
In further follow-up questions, Experts asked, among other things, about the legal status of the Convention and the issue of first-, second- and third-generation rights, and whether the Covenant’s provisions created legally binding obligations for the State party; the situation of equality for women and which body was competent for monitoring the degree of enjoyment of their rights; whether there was a specific law for equality of women to guide the work of the State party; and what was the capacity of the non-discrimination authority to deal with economic, social and cultural rights in particular.
Response by Delegation
Responding, Ms. Kardosne said the Covenant imposed various real obligations on Hungary, and the country intended to formalise and implement them in practice. Maybe there was a need to change laws and the Hungarian Constitution, but there was no real political consensus on this issue, although efforts were underway to clarify the position and find a solution. On the status of the Covenant in the legal system, the delegation said it was an integral part of the system, and had been promulgated in 1976, when it became part of the national system. The Constitution actually stated that international agreements and Covenants and their basic principles were an integral part of the legal system. The Ombudsman could initiate constitutional court procedures if an unlawful action was identified. The equal treatment body had the opportunity to levy a fine as a form of sanction, and could also make certain cases public, as well as transferring cases to the courts.
Experts then asked further questions as to the actual functioning of the Equal Treatment Authority, and whether it was capable of making decisions with regards to the Covenant.
Questions by Experts
Taking up articles six to nine of the Covenant, Experts raised issues and asked questions on, among other things, the issue of Roma unemployment, as figures were ten times higher than for the rest of the population, and what the Government was doing specifically in this regard; the problem of the minimum wage being insufficient to cover the subsistence levels of a single household, and whether the situation had changed due to legislative revisions in 2006 in particular with regards to an improvement in rights; what was being done with regards to marginalized groups and what were the results for programmes that were put into practice in this area; what was being done to inform employers of the problem of the number of serious accidents in the workplace and the need to inform the general public of their rights in this regard as well as to inform employers of their liability in this regard; what was done to educate foreign workers, including illegal immigrants, as to their labour rights; whether there was any person in the administration watching the situation of Hungarians working either seasonally or long-term abroad, including in European Union countries; and a request for information on the total amount of the State budget spent on social security and insurance, along with the total coverage of State security according to population segments.
Response by Delegation
Responding, Ms. Kardosne said the origin of the problem of Roma employment was to be found in the 1980s, and the problem of social integration of the Roma could only be realised over a long-term period of several decades, as it was a serious and complex problem. There was 57 per cent active employment in Hungary, the delegation said, and there was a segment of the population whose employment was not guaranteed. There were various programmes in this regard, as well as a number of subsidy systems in place aimed at increasing the chances of disadvantaged people of entering the labour market. The Hungarian budget spent 50 billion forints every year for fostering employment through various means. The relatively high rate of inactivity could be explained by the fact that the young were not present in the right numbers on the labour market. All available tools were being used to increase employment.
On Roma employment, the low level of schooling and lack of professional training of Roma were serious and severe disadvantages, the delegation said, and in case of unemployment, there were usually other prevailing conditions, and the problem of employment was usually aggravated by other disadvantages.
Efforts were being made to provide employment for disabled persons. Today, the real challenge was how to reintegrate special knowledge into education. A kind of classification, rehabilitation and employment of professionals who could deal with disability issues needed to take place. Social attitudes towards disabilities were slowly changing, but it was a difficult issue to tackle, in particular with regards to employers. There was a need for accessible working opportunities and equal opportunities for the disabled; it was a fact that working places were not accessible. The social system provided elementary education for persons with disabilities, but vocational training had only been provided since 1995. Efforts were also being made with regards to rehabilitation into the labour market. Every employer had to provide an equal opportunity action plan in order to deal with employees from different groups.
With regards to trade unions and labour law, the delegation said the basic philosophy of the labour code was that there were basic guarantees for employees, who should receive a payment that provided minimum subsistence. The Government set the minimum wage every year which had to be paid to employees. If they received less, then the employee’s legal relationship with the employer became void, and they could take the latter to court. There was a differentiation with regards to the qualification of the employee in question - those with higher educational diplomas had to receive a certain amount. Labour inspectors visited companies and if they found that safety regulations were disregarded, then they could apply certain legal sanctions, including fines. With regards to trade unions and the freedom to organise these, this was a right provided by the Constitution.
On seasonal workers, anybody who came to work in Hungary was covered by Hungarian labour rules, and enforcement of such regulations were monitored by the Inspectors of the Labour Inspectorate. However, when the parties agreed on a different law being applied, such as the law of another country, the legal system stipulated that certain laws be applied, including minimum wage and days of annual leave. Hungarians who worked abroad were under the competence of the labour codes of the countries in which they were working. The annexes of the report contained detailed data on the foundations of social security. Even though there had been concerns raised in the Committee with regards to the extent of and access to social security, the rate of social security expenditures reflected the economic development of Hungary. Benefits were both in the form of funds and in the form of in-kind benefits. Social benefits, as a percentage of the GDP was 19.4 in 2000, and had increased since.
On social security coverage, in the late 1990s, there had been a paradigm shift with the beginning of the reform process, and social security benefits coming to be linked to work and contribution payments in order to be entitled, the delegation said. A diversified multi-tier system had developed. The report contained realistic data with regards to coverage. The number of beneficiaries was about 4 million. Health insurance covered the entire population, but changes were taking place in this regards. Employers and employees were both obliged to make contributions to the pension fund. Social security provided a pension to those of retirement age, and those who were not entitled could receive a form of old-age annuity. There were also benefits such as free public transport and healthcare.
Questions by Experts
In follow-up questions, Experts asked, among other things, for detailed and concrete information concerning people working mostly in the informal economy, in particular foreigners, how many there were, and how many were forced to leave every year due to such factors as violation of the immigration laws; a request for statistics on work-related accidents and a comparison between Hungarians and foreign workers in this regard; whether the public pension system was solid financially and would in the future provide a decent amount to pensioners; minimum standards and criteria for social assistance at the local level; whether there was a draft law or law on equal opportunities and if not whether there was any intention to create such a law; and what the Equal Opportunities Board actually did, in particular with regards to ensuring equality of salaries for women and whether it functioned in the private sector.
Response by Delegation
Responding, the delegation said there were serious debates and Hungary was embarking on a reform of the pension system, as it had problems of aging and other demographic challenges. There were already some measures in place to reduce the deficit and to consolidate the pension fund. Social security had by law to be provided in a way as defined by the Covenant. The Government put in a significant amount to the pension fund. There were three “packages” in the social security system, covering a range of options. The Government was planning to file a resolution with a National Action Plan to define the national tasks required to reduce inequality.
The Social Equality of Men and Women Council consisted of representatives of civil society and non-governmental organizations as well as the Government, and it drafted legislation which it thought would be positive. The civil sector and the scientific sector also indicated the types of legislation that they wished to comment on, and put forward proposals on how the gender equality principle should prevail when funds were used or granted for a specific purpose. Sexual harassment was not included in the Criminal Code, but this did not mean it was not taken into account in court judgements, the delegation said. There were a number of organizations which attempted to monitor changes in equality and gender distribution in some professions. The “glass ceiling” was not unique to Hungary, and social attitudes needed to be changed, as well as more information provided to women with regards to their opportunities for training and reintegration after giving birth.
Questions by Experts
Taking up articles 10 to 12, Experts asked, among other things, what was being done with regards to housing rights for the Roma, who were subject to forced evictions among other problems, and the need for the Government to resolve these problems, in particular as those evicted became homeless and had their children taken away from them; the need for a national policy of social housing; what was the extent of the problem of familial violence and whether educational programmes had been introduced to raise awareness and discourage citizens from engaging in such types of behaviour and what sanctions were imposed at the judiciary level in this regard; what was being done to put an end once and for all to the practice of corporal punishment; what were the causes for the recent rises in homelessness and new urban and rural slums, and whether the Government could provide benchmarks and goals with regards to the use of financial resources in this regard; what measures the Government was taking to ensure that all persons had access to a General Practitioner; why there was an increase in outbreaks of eradicable and contagious diseases such as hepatitis; and what was the reason for the societal attitude to women that impeded them from advancing in the labour market.
Response by Delegation
Responding to these questions and issues, the delegation said that many Roma lived in small urban settlements and in slums. The Government and local Governments had been working to solve the problem for years, and had recently started a very complex rehabilitation programme, aiming to resettle these populations and to enhance the villages in which the Roma lived. This complex social reintegration programme also contained elements of education, with the elimination of segregated classes. It was important for roads and potable water to be provided in small settlements where the entire population was of the Roma group. The amount of welfare housing was indeed very small in Hungary, and the Development Bank had offered funds so that local Governments could build such housing. The European Union funds could be used to change the situation of disadvantaged settlements and carry out certain developments therein, in, for example, such ways that could bring to an end the disadvantage under which these areas suffered, and to eliminate urban ghettoes.
The Ministry of Health was providing local funds to ensure that general practitioners were more wide spread, the delegation said. Work was also being done to fight communicable diseases through compulsory vaccination. A number of areas, including mental health, were being funded widely, and programmes had the involvement of civil society and non-governmental organizations (NGOs). Hungary had a very low HIV/AIDS infection rate, as this had constantly been a priority, with many prevention and consultation programmes. The national HIV/AIDS Committee, with the participation of NGOs, discussed the issue annually with the aim of planning for the upcoming year. Medication was provided to the infected totally free of charge, and the latest medications were available to patients. Certain targeted tolerance programmes had been launched in hospitals and among the Roma to provide more information as to how to behave in hospitals.
Forced sterilisation of women had been abolished, the delegation said. On domestic violence and its regulation, there was no separate act on domestic violence, but this did not mean the issue was not regulated in other legislation. The Family Act, among others, regulated the issue. The Criminal Procedure Code was amended almost a year ago, and criminalized such behaviour, even to the extent of restriction of property.
International obligations related to trafficking in humans were extremely important, the delegation said, even more so as Hungary was basically a transit country, and this was why it was trying very much to participate in international action to eliminate this phenomenon. Within the European Union, Hungary had wide-ranging cooperation, and considered bilateral agreements to be just as important, and therefore had a large number of these. Penitentiary institutions were being modernised and transformed, reducing crowding and upgrading these institutions. However, the problem in this area was a lack of funds, which could only be allocated gradually, making the project a medium-term one.
On corporal punishment of children, several branches of legislation covered this, including the Legal Code and the 1997 Act on the Protection of the Child which specifically prohibited negative treatment of children. A child could not be removed from the family for financial reasons. Hungary was not currently satisfied with the situation with regards to day care, as only about 8 per cent of children currently received this, the delegation said. There were 17,000 children who had been taken from their families: 53 were with families, the rest were mainly in small family-type homes. Children were either placed back in their families or adopted.
Homelessness was a complex issue which required complex programmes, and there were various forms of these, including funds for young couples to buy their own home, care for the homeless, street outreach workers, crisis vans in urban areas, a healthcare centre particularly for the homeless, and a re-housing programme. A disability act had recently been introduced, based on the human rights of the disabled, and regardless of their social situation, the delegation said. The larger welfare institutions were being broken down into smaller group homes with a day-care ambience.
In follow-up questions, Experts asked if there was a unit within the police to monitor and prosecute those who were engaged in the dirty business of trafficking; and whether there were cases of trafficking for purposes of organ extraction.
Responding, the delegation said that statistics could be provided later on by letter. Hungary truly was a transit country, and was primarily so. There was a minor amount of trafficking from Hungary itself, but this was significantly less. There was a separate unit within the police force which was specialised in trafficking in humans, and this group cooperated with the border forces, attempting to halt these crimes, and concentrating on these issues. On the trade in human organs, legal regulation was in progress, and there were joint waiting lists and donor searches across Europe in order to ensure better service for the ailing population. There were no reported cases of trafficking in human organs.
Questions by Experts
Taking up articles 13 to 15, Experts raised issues such as whether education was compulsory up to the age of 18; issues linked to teaching in small minority schools which lacked sufficient funding to receive teaching in their mother tongue; what was the real effectiveness of the measures taken to increase education figures among the Roma; a request for further information on religious or faith-based schools; the practice of making Roma children private students in order to exclude them from state schools, and whether measures were being taken to reverse this situation; whether there were positive measures being taken to protect the 13 linguistic minorities within Hungary; whether the Government was taking a rights-based approach to education, including in the management of the schools themselves with human rights nurtured within the school system; the lack of an overall cultural law covering all aspects of culture, and instead different laws covering each sector; the need to make the population feel as one and to surmount the problem of “the other”; and what was the percentage of graduates from higher education, including which were ethnic minorities as well as Roma.
Response by Delegation
Responding, the delegation said with regards to equal opportunity and Roma children, there was a positive attitude towards inclusive education among all stakeholders in Hungary, and there was an intent to address the specific needs of Roma children. The country had a strong and well-developed Roma non-governmental organization system, whose groups helped to improve the situation of the Roma, and had done so for some time. In the last few years, there had been a serious transition in the field of education, which was becoming more and more of a public priority. There were free textbooks available for Roma students, and affirmative action was institutionally incorporated in the higher education system.
At least 770 segregated classes existed in Hungary, the delegation said, and de-segregation was financed from the State budget, as well as from European social funds. Every year there were 30,000 less children in Hungary. About one quarter of children were disadvantaged, many multiply disadvantaged, at least 50 per cent of which latter were Roma. Efforts to improve the situation of the multiply disadvantaged were thus widely aimed at the Roma. Many of those in segregated classes fell into the “special needs” category.
On whether equal opportunity measures had been successful, the delegation said that a lot of these were built on each other, and thus had a cumulative effect. Children were encouraged to continue education, and funding was provided even if they were of limited intelligence. It was possible to reorganise the educational systems in settlements. Education up to 20 was only compulsory if a child had special needs, but the general average was up to 18, for both special needs and other children. Because of the equal opportunity measures, there was an increasing trend for Roma to attend higher educational institutions. On what the Government did to ensure the maintenance of equal opportunities, teachers had been given training in methodology to ensure that opportunities for disadvantaged children could be provided.
Churches and religious organizations in Hungary had a chance to set up schools, whether primary, secondary, or higher. When a Church registered a school, it was given complementary norms so that it could welcome all types of children, including the disadvantaged, the delegation said. All languages were treated equally, and Hungary was party to the Language Charter of Regional and Minority Languages of the Council of Europe, and intended to expand this to more languages in the future. By 2013, Hungary intended to reach European levels of information and communication technology coverage within schools, and level off the difference between settlement and urban schools. Over the last decade, the number of students enrolled in higher education had increased four times. This had now stopped, with a levelling off, and the focus was now on increasing the quality of higher education, and increasing its importance on the labour market.
It was important that culture be a free activity, the delegation said. The Government offered support to public culture activities such as libraries and museums, in the context of the protection of heritage and the activities of cultural civil institutions. All local Governments had the compulsory task to provide at least a space for civil public cultural activities, and there was State funding for these activities. Hungary had a very new, very recent Cultural Policy Document which outlined the most important directions that had to be followed, and it was now time to translate into practice and put into action what was included in this strategic document, as the role of culture would be more and more important in education, and would be included in the basic national curriculum. Just yesterday an Act entered into force which made it obligatory to make Hungarian TV programmes accessible by subtitling programmes.
Concluding Remarks
Erzsébet KaponyI KardosNE, Special Representative of Hungary to the Committee and Head of Delegation, in concluding remarks, said Hungary appreciated the efforts of the Committee Members for the interesting and constructive dialogue, and appreciated not only the questions, but also the advice given. Hungary had received justified questions, and had tried to give comprehensive answers on the achievements and shortcomings of the reporting period, which was very long, 15 years. Hungary had tried to give a clear picture of the situation. In accordance with principles, economic, social and cultural rights could be achieved in various political settings. Hungary believed there were several roads for this, but had to find the way in the shortest possible time. All rights under the Covenant had the same importance for Hungary, and were inter-related and inter-dependent.
Hungary was making progress for the full realisation of these rights, but progress remained to be done. There were some groups, both Roma and non-Roma, who had dropped into the interstices of society, and the Government needed to work on this, and seek to establish a human rights-friendly social environment. After receiving the conclusions, Hungary would revisit the issues raised over the last two days, and the Government would take these into account in its future programmes and policies.
__________
For use of the information media; not an official record
VIEW THIS PAGE IN: