Hungary: Available state protection for elderly who have been abused by their own children; social assistance for elderly unable to care for themselves
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 3 May 2004 |
| Citation / Document Symbol | HUN42557.E |
| Reference | 2 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Hungary: Available state protection for elderly who have been abused by their own children; social assistance for elderly unable to care for themselves, 3 May 2004, HUN42557.E, available at: https://www.refworld.org/docid/41501c1715.html [accessed 3 November 2019] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
State Protection of Abused Elderly
Information on specific cases of elderly who have been abused in Hungary and whether state protection exists for elderly persons abused by their own children could not be found among the sources consulted by the Research Directorate. However, the following general information on state protection of the elderly in Hungary may be useful.
In the period 2004-2005, the Hungarian government will draft a bill on the elderly, defining the obligations of the state towards the elderly (MTI 16 Jan. 2003).
The Hungarian Criminal Code, which was last amended in 2000, provides a section on battery, which begins as follows:
A person who injures the bodily integrity or health of another person, if the injury or illness heals within eight days, commits the misdemeanor of simple battery, and shall be punishable with imprisonment of up to two years, labor in the public interest, or a fine
...
If the battery is committed for a base reason or purpose, and if committed against a person defenseless or unable to express his will, the punishment shall be for a felony imprisonment of up to three years for simple battery, and imprisonment of one to five years in case of aggravated battery (Hungary 1978, Sec. 170).
The criminal code also has a section on failure to provide care, which states that
the person who fails to perform his obligation of care vis [à] vis a person who cannot care for himself due to his condition or old age, and endangers thereby the life, corporeal integrity or health of the person reduced to care, commits a felony, and shall be punishable with imprisonment of up to three years (ibid., Sec. 173).
No information on convictions under the legislation pertaining to abuse of the elderly could be found among the sources consulted by the Research Directorate.
The Parliamentary Commissioners' Office (Ombudsman) of Hungary manages complaints about the violation of constitutional rights by state authorities and according to a list of their activities, as described on their Website, the Office does not provide protection to victims of abuse in Hungary (Hungary n.d.b).
References to various organizations dealing with the elderly such as the Elderly People's Council, (Senior Citizens' Council, Council of Issues of the Elderly, Elderly Affairs Council), Council on Aging and the National Federation of Hungarian Pensioners were made in certain sources used in preparation for this Response (UN 8-12 Apr. 2004; Europa 25 Mar. 2003, 26; MTI 16 Mar. 2004; ibid. 16 Jan. 2003; ibid. 17 Dec. 2003). However, attempts by the Research Directorate to contact and locate these bodies within time constraints were unsuccessful. The Website "Silver Age," an Internet portal for the elderly in Hungary, was due to be launched in June 2003, but it also could not be located during the course of research for this Response (MTI 28 Feb. 2003).
No information on non-governmental organizations in Hungary that provide protection to elderly persons who have been abused could be found among the sources consulted by the Research Directorate. As of April 2004, Soros Foundation Hungary had developed and was supporting programs to help a number of "marginalized groups" including pensioners, but no description of these programs was provided on the Soros Foundation Website (Soros Foundation 2004).
Social Assistance for the Elderly
As of January 2004, 21 per cent of the population of Hungary was over 60 years of age (Hungary 2004). The official retirement age for women in Hungary is 58 years, while for men it is 62 (ibid. n.d.a). Of those who have reached the official retirement age, 61 per cent live alone (EDE 2001). Elderly female pensioners living alone are among the poorest socioeconomic groups in Hungary (World Bank 31 May 1996; Business Hungary Sep. 2003; Country Reports 2003 25 Feb. 2004).
Five aspects comprise the social protection system in Hungary: pensions, the family support system, health care, unemployment insurance and the social assistance system (Europa Jan. 2003, 17). The 1992 Social Act governs this social protection system and although a copy of it could not be located within the time constraints, academics Kremer, Sziklai and Tausz explain that the "act states that the local community takes responsibility for meeting the basic needs of the citizens and specifies the individual types of financial and in-kind social benefits" (2002, 118). They continue that "legal regulations, however, only create - in principle - the conditions for social support" (ibid., 124).
Judit Szemkeo Szilagyine, State Secretary for the Ministry of Social and Family Affairs in Hungary, explains that the aim of the government is to offer home care to those in need of it, and in addition to home care, elderly are offered other social services by a variety of voluntary organizations, non-governmental organizations and charities (UN 8-12 Apr. 2002). She continues that as of 2002, each municipality in Hungary was obliged to operate a "signalling system," although she does not elaborate on the details of this system (ibid.).
There are various institutions for the elderly in Hungary, including those that provide nursing, daycare and temporary shelter (ibid., 25). The availability of services offered in a given locality is in proportion to the population of the locality, and in localities of over 30,000 inhabitants, social care services include daycare services, temporary homes for the elderly, daycare institutions and institutions providing temporary shelter (ibid., 26). Homes and clubs for the elderly can be found in more than 200 towns in Hungary (MTI 17 Dec. 2003).
Elderly persons are required to make a financial contribution towards the services they use, based on their regular monthly income, but those who are unable to pay are entitled to use the services free of charge, according to information of 2002 (Kremer, Sziklai and Tausz 2002, 26). The elderly are eligible for the old-age allowance and may qualify for other forms of social assistance such as care benefits, housing allowances and death grants (ibid., 31). In 2002, 98 per cent of the elderly in Hungary received an old-age pension (UN 8-12 Apr. 2002).
In Budapest, the elderly can receive help in their own homes or can choose to live in a home for the elderly; as well, they can participate in clubs and social meals (EDE 2001). However, according to Joseph Skulteti, Head of the Department of the Local Authority of Budapest, there are significant differences between the regions of Budapest in terms of the supply of services and the conditions under which services are provided (ibid.). In 2001, Budapest had 18 per cent of all of the homes for the elderly operating in Hungary, with the local authority of Budapest responsible for maintaining them (ibid.). As of 2001, there was a waiting list of more than 2,000 people for admission into the homes, and one in five of these people had applied for residence in such a home out of necessity and not voluntarily (ibid.).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.
References
Business Hungary. September 2003. "Shadows of Poverty." Country Reports on Human Right Practices for 2003. 25 February 2004. "Hungary." United States Department of State. Washington, DC: United States Government Printing Office. Europa. January 2003. "Study on the Social Protection Systems in the 13 Applicant Countries: Hungary." European Association for Directors of Residential Care Homes for the Elderly (EDE). 2001. "The Situation of Social Services Operated by the Local Authority of Budapest." Hungarian Civil Liberties Union. n.d. About Us. Hungarian Helsinki Committee. n.d. Programmes and Activities. Hungary. 2004. Central Statistical Office. "Hungary in Figures." _______. 1978. Act IV of 1978-On the Criminal Code.
_______. n.d.a. Ministry of Health, Social and Family Affairs. Information on the Current Situation Concerning the Pension Reform in Hungary. _______. n.d.b. Parliamentary Commissioners' Office of Hungary. Kremer Balazs, Istvan Sziklai and Katalin Tausz. 2002. The Impact of Decentralization on Social Policy in Hungary. Magyar Tavirati Iroda (MTI) (Hungarian News Agency). 16 March 2004. "Civil Organisations to Cooperate for Welfare of Elderly People." (NEXIS)
______. 17 December 2003. "Medgyessy Appreciates Work of the Elderly for the Nation." (NEXIS)
______. 28 February 2003. "Ministry to Launch Website for Pensioners." (NEXIS)
______. 16 January 2003. "Government to Draft Bill on the Elderly." (NEXIS)
Soros Foundation. 2004. About Us. United Nations (UN). 8-12 April 2002. Second World Assembly on Ageing. "Statement by Judit Szemkeo Szilagyine, State Secretary Ministry of Social and Family Affairs." [Madrid]. World Bank. 31 May 1996. Hungary - Poverty and Social Transfers. Additional Sources Consulted
Unsuccessful attempts to contact the European Association for Directors of Residential Care Homes for the Elderly, Hungarian Helsinki Committee, Hungarian Civil Liberties Union, Soros Foundation-Hungary
Internet sites, including: Access Hungary, Cornell Legal Research Encyclopedia, CEE Source: Hungary, Central Europe Review, Council of Europe, Dialog, DKMT A Citizen's Euroregion, Find Law, Human Rights Internet, Human Rights Network International, Human Rights Watch, Hungarian Civil Liberties Union, Hungarian Government Portal, Hungarian Quarterly, International Federation of Human Rights, International Helsinki Federation for Human Rights, Legislation Online, LLRX Hungarian Law Research, Ministry of Health, MTI Hungary, National Library of Hungary, Open Society Institute Budapest, Social and Family Affairs of Hungary, World Bank in Hungary, World Law
