This report is part of CRIN's access to justice for children project, looking at the status of the Convention on the Rights of the Child (CRC) in national law, the status of children involved in legal proceedings, the legal means to challenge violations of children’s rights and the practical considerations involved in challenging violations.
Hungary has incorporated the CRC into its national law, but although it is directly enforceable, the courts have not made great use of the Convention. The CRC also does not take precedence over national legislation. Children under 14 have no legal capacity meaning they must always act through a legal representative. Children between 14 and 18 years old have limited legal capacity and may perform certain legal act themselves as provided by law. They may initiate proceedings to defend their inherent rights, however, as a general rule, a legal representative is required for all other types of proceedings. Violations of children’s rights can be challenged before the administrative, civil or criminal courts and complaints may also be made to the Ombudsperson.