Hungary: Information on state protection and legal recourse open to Hungarian citizens who have been discriminated against or suffered harassment
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 August 1994 |
| Citation / Document Symbol | HUN18193.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, Hungary: Information on state protection and legal recourse open to Hungarian citizens who have been discriminated against or suffered harassment, 1 August 1994, HUN18193.E, available at: https://www.refworld.org/docid/3ae6abd53c.html [accessed 31 May 2023] |
| 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. |
The Hungarian constitution "declares that the 'Hungarian Republic recognizes the inalienable and inviolable basic rights of man and it is the foremost responsibility of the state to ensure the observance of those rights'" (US Helsinki Commission Dec. 1993, 6).
The Hungarian constitutional court has assisted in amending the legal system and institutions since 1990 (RFE/RL 7 Jan. 1994), and it is the authority which ensures that laws abide by the constitution (US Helsinki Commission Dec. 1993, 6).
The Hungarian parliament has also passed legislation to codify the rights of minorities and has set the groundwork for the creation of an ombudsman office (RFE/RL 7 Jan. 1994, 76).
The supreme court has been criticized for its response to recent attacks on foreigners and visible minorities (Country Reports 1993 1994, 916). In a case involving an attack on minorities by a gang of skinheads, the court opted to prosecute the skinheads on charges of hooliganism instead of using the section of the penal code which deals with crimes against humanity (ibid.).
According to a research analyst at Radio Free Europe who focuses on Hungary, while the Hungarian constitution deals with discrimination (Article 70.a.) there does not appear to be any separate piece of anti-discrimination legislation (17 Aug. 1994). If citizens feel that they have been discriminated against or harassed, they can hire a lawyer and turn to the courts. If the harassment is of a violent nature, they would file a report with the police first (ibid.).
Hungary promulgated the UN Convention on Civil and Political Rights in 1976 and in 1988 "joined" the clause which would allow Hungarian citizens to apply to the UN Human Rights Committee if they feel their human rights have been violated (BBC Summary 13 Aug. 1993).
This response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
References
BBC Summary of World Broadcasts. 13 August 1993. "Justice Official Defends Hungary's Enforcement of Human Rights." (NEXIS)
Commission on Security and Cooperation in Europe (US Helsinki Commission). December 1993. Human Rights and Democratization in Hungary. Washington, DC: CSCE.
Country Reports on Human Rights Practices for 1993. 1994. United States Department of State. Washington, DC: United States Government Printing Office.
Radio Free Europe/Radio Liberty (RFE/RL) Research Institute. 7 January 1994. RFE/RL Research Report [Munich]. Vol, 3, No. 1. Edith Oltay. "Hungary: Political Fragmentation and Economic Recession."
Research Analyst with Radio Free Europe/Radio Liberty Research Institute, Munich. 17 August 1994. Telephone interview.
Attachments
BBC Summary of World Broadcasts. 13 August 1993. "Justice Official Defends Hungary's Enforcement of Human Rights." (NEXIS)
Commission on Security and Cooperation in Europe (US Helsinki Commission). December 1993. Human Rights and Democratization in Hungary. Washington, DC: CSCE, p 6.
Country Reports on Human Rights Practices for 1993. 1994. United States Department of State. Washington, DC: United States Government Printing Office, p. 916.
Radio Free Europe/Radio Liberty (RFE/RL) Research Institute. 7 January 1994. RFE/RL Research Report [Munich]. Vol, 3, No. 1. Edith Oltay. "Hungary: Political Fragmentation and Economic Recession."
