HUNGARY: Child rights references in the Universal Periodic Review

Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the final report and the list of accepted and rejected recommendations.

Hungary - 11th Session - 2011
11th May, 9am to 12pm

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National Report
UN Compilation
Stakeholders Compilation
Accepted and rejected recommendations

National Report

15. Prohibition of discrimination and equal treatment in public education are provided by Act LXXIX of 1993 on Public Education. Any discriminative measure or measures violating the interest of the child taken by institutions, schools or their maintainers are considered null and void. A plea for nullity may be made by anyone and without any deadline. Legality of the measure has to be justified by the party adopting the measure concerned. Prohibition of segregation is a fundamental provision of the Act on Public Education. The National Core Curriculum contains the detailed regulations on promoting equal opportunities in education. The Public Education Equal Opportunity Action Plan is an obligation for the schools and the municipalities and also a condition for support both from EU and national sources. Definition of disadvantage was inserted in the Public Education Act in 2003. Target groups of equal opportunity programmes in education are also specified thereby. According to the Equal Treatment Act, the Educational Authority has the right to carry out audits on observing regulations on equal treatment and may take the following measures: call upon the school head to remedy the situation, initiate procedures, impose a fine or initiate a court procedure.

16. Despite appropriate legislation and concerted, complex action, lack of equality in access to quality education, or for certain groups of pupils (pupils facing multiple disadvantages, Roma pupils) and for certain types of schools still exists. Due to the new policy in education, hidden segregation is gradually reducing from 2008. Problems characteristic of a significant proportion of the Roma minority are not due mostly to their ethnic origin, but to their social and health-related status.

29. Child welfare system operates well in Hungary in order to assist families to bring up their children. Act XXXI of 1997 on the protection of children and on public guardianship administration provides for the legal basis for safeguarding children's rights. The basic care provision contributes to the promotion of physical, intellectual, emotional and moral development and welfare of the child, to upbringing in a family, to the prevention of danger, the elimination of already existing danger, and the prevention of removal of the child from the family. It should be emphasized that a child cannot be removed from his or her own family, particularly rarely for financial reasons, unless there is no possibility to be brought up in family. Child welfare services are supervised by the guardianship office. It should be mentioned that unaccompanied children seeking asylum shall be covered by the child protection system as of May 2011, instead of the immigration system currently in place.

30. A major substantial change in the Hungarian tax regime has been recently adopted introducing the family tax-system. Besides, a complex system of financial assistance is also prevailing. Children in need receive significant benefits, among others free meal and free books for school. As early childhood is crucial from the perspective of socio-cultural integration, the state launched pre-schooling support to integrate the most needy children not enrolled in any institution for their better performance later at school. Even though pre- schools can be attended 'free of charge', children mostly in need thereof are never enrolled due to lack of money. Pre-schooling support is a cash transfer conditional to regular pre- school attendance of children.

31. Overrepresentation of Roma children may occur in children's homes. In many cases the conduct of life of the parents is the reason of endangerment of the child. Since Roma children have more siblings (even 8–10), the placement of them into family-like care may be difficult. Age factor appears as another obstacle, since 13–14–15 year old children refuse to live with another family, once abandoned by their own family.

43. Reference is made to the introduction of an integrated method of education as a substantial reform beginning in 2003 as described under the general chapter on Education above.

44. A comprehensive intervention financed from state budget promotes equal opportunities in education from 2007. It contains three components: first focuses on the integration and skills development courses at primary and secondary education, the second supports pre-school development programmes and the third provides supplementary remuneration for teachers. Year to year, not only the number of involved childrens is increasing, but also the participation of institutions. By 2010 the programme covered almost 300,000 pupils and reached approximately 13,000 teachers in 1,800 schools/insititions.

45. National financial instruments support scholarship schemes, too. The most important is "Útravaló (Haversack)" Scholarsip primarily designed to promote equal opportunities for severely underprivileged students, to improve their chances to complete secondary and higher education, to learn a profession or to become college or university graduates as well as to provide talent management in science subjects by mentors. Financing the education and training of children is especially challenging and costly for Roma and non-Roma families living in poverty and poor social conditions. Underprivileged students and their mentors are jointly invited to participate in the Scholarship Programme offering grants. The Scholarship Programme includes three equal opportunities and one talent management subprogrammes.

46. Other scholapship programmes provide inevitable aid to Roma pupils. Public Foundation for Roma set up by the Government in 1995 with the priority objective of managing a scholarship system specifically designed to promote successful school progress for Roma students. In addition, calls are also issued by the Roma Cultural Fund, as well as by the Roma Intervention Fund. The latter one aims at providing support in whole or in part for Roma Self-government units, Roma organisations involved in cultural and artistic activities. Intervention call is issued yearly with the objective of providing support in part to manage social and housing crisis threatening Roma communities.

49. Reference is made to pre-schooling support as specified under the chapetr on the Rights of the child above. Furthermore "Biztos Kezdet Program" (Sound Start Programme) targets the youngest age group from 0 to 5 aiming at ensuring early intervention to provide health, child welfare and social services for disadvantaged children as early as possible. It is implemented in the most disadvantaged regions and segregated residential units within settlements. It also combats segregation and improves school enrolment for children in poverty.

50. As far as the recent EU co-financed programmes are concerned many measures target the education of Roma students or pupils with multiple disadvantages. Social Renewal Operational Programme (SROP) 2007-13 Priority 3 includes some important measures in the field of public education.

61. The detention of juveniles should be in conformity with their age. In case of women increased protection of pregnant women and women having newborn children should be ensured. Pregnant women or women with newborn children cannot be assigned for night work and they shall be provided the opportunity to take frequent showers.

74. Act II of 2007 on the Entry and Stay of Third-County Nationals stipulates that asylum seekers should not be held in immigration detention or detention prior to expulsion for the sole reason that they are seeking international protection. The recently modified law prohibits the detention of unaccompanied minors and permits the detention of accompanied third country national children together with their families only as a measure of last resort (where the aim of the detention cannot be reached by other less coercive measures) but only for a maximum of 30 days. When the authority decides to impose detention on a family it shall take into account the best interests of the child. The implementing decrees have been modified in order to improve the conditions of immigration detention. The new rules which entered into force on 24 December 2010 stipulate that family members (including spouses) have to be accommodated together and separately from other detainees in an individual department guaranteeing the basic conditions of family life. According to the new rules, the education of detainee minors has to be ensured if that is justified by the length of detention. The modified ministerial decree sets out that adequate specialist medical care shall be provided for those detainees who have been subject to torture, rape or other violent acts in the country of origin in order to sufficiently treat the trauma caused by these acts.

93. Local governments have to issue their rental decrees on the basis of the law18. Groups prioritized in the allocation of social housing are low-income families: especially single parents' families with more children, disabled persons, elderly persons. The local governments are familiar with the local circumstances and the different situation of families therefore they can allocate social dwellings to the most vulnerable persons and families. There are also programmes for rehabilitation of segregated settlements. These programmes consist of complementary elements in order to help people in improving housing conditions, access to education and employment.

Compilation of UN Information

17. While noting the Programme for the Decade of Roma Inclusion 2005–2015, CEDAW was concerned about the situation of Roma women and girls, who faced multiple and intersecting forms of discrimination based on sex, ethnic or cultural background and socio-economic status. It was further concerned about the prevalence of violence against Roma women and girls, including harassment and abuse at school, as well as about the gaps in Roma women's formal education and the high rates of school dropout among Roma girls.

32. In 2010, HR Committee was concerned at the lack of data on trafficking in persons despite reports of persistent trafficking of women and girls for sexual exploitations and domestic servitude. In 2008, CESCR expressed similar concerns. The ILO Committee of Experts noted that Roma women and children as a group were particularly vulnerable to trafficking for the purpose of prostitution. HR Committee recommended that Hungary should investigate the root causes of trafficking and compile statistical data on this phenomenon. Additionally, CEDAW recommended that Hungary take measures for the rehabilitation and social integration of women and girls who are victims of trafficking.

34. CRC was concerned about the number of children who were victims of violence in the family and sexual abuse and about the lack of preventive and reintegration measures available.

35. CRC was concerned that corporal punishment in schools, despite being prohibited by the Hungarian Child Education Act, continued to occur.78 CRC recommended that Hungary undertake measures, including corrective ones, in order to sensitize professionals within the educational system, in particular teachers, about their obligation to refrain from resorting to corporal punishment.

37. In 2007, CAT was concerned that pretrial detainees under and over 18 years were accommodated in the same cell.82 In 2006, CRC recommended that Hungary fully bring the system of juvenile justice into line with the Convention and with other United Nations standards as well as ensure that persons below 18 were only deprived as a last resort and that children, if detained remained separated from adults.

40. CEDAW reiterated its concern that a minor between 16 and 18 years of age may legally marry and reiterated its recommendation that Hungary raise the legal age of marriage for women and men to 18 years.

41. The independent expert on minority issues referred to the concerns expressed by Roma women at the disproportionate removal of Roma children into institution on the arbitrary grounds or on the basis of poverty and that the municipal authorities could take a child without a court decision.

54. CESCR noted with concern that every sixth man and every eleventh woman had mental health problems and that the suicide rate was among the highest in the world, especially among women. CRC, in 2006, was also concerned over the high suicide rates among children and the lack of mental health services. CESCR recommended that Hungary intensify its efforts to address the socioeconomic causes of mental health problems and suicide and strengthen the provision of psychological counselling services at the local level, as well as training of health professionals on the causes and symptoms of depression and other mental health problems.

56. CRC expressed concern regarding the unequal access to health services throughout the country, in particular the limited access for children in rural areas and Roma children, stating that A concrete strategy should be adopted and implemented in order to ensure that medical services are provided without discrimination.

57. CEDAW was concerned that, while the abortion rate had decreased, it remained relatively high and that a comprehensive range of contraceptives was not widely available. CRC expressed concern over the lack of reproductive health information available to teenagers and the rising cost of contraceptives, in turn linked to the high rates of adolescent pregnancies.

59. CESCR was deeply concerned about the high number of Roma children segregated in special schools for children with mental disabilities, or in separate substandard "catch- up" classes within schools. The independent expert on minority issues made similar observations.

60. The independent expert on minority issues noted that the Equal Treatment Act banned segregation in schools and ETA had the power to bring legal cases against local authorities in cases of segregation. She referred to a number of cases when courts found that a municipality maintained the segregation of Roma children. However, a finding of violation was not matched by sufficient penalty to prevent continuation of the offence or to act as a deterrent. As part of its Action Plan for the Decade of Roma Inclusion 2005-2015, Hungary had provided financial incentives to local governments to assist in desegregation of schools. However, the take-up had been poor and serious abuses of the system had been reported.

61. CESCR was concerned about the high dropout rate among Roma students at the secondary level and about their low enrolment in higher education. CRC expressed similar concerns.

62. UNHCR noted that access to education of asylum-seeking Roma children and children placed with their families in the Office of Immigration and Nationality screening facility in Bekescsaba had not been fully facilitated. Furthermore, UNHCR noted that the current system of three-phase reception which required families to migrate from Bekescsaba to Debrecen, and if recognized, from Debrecen to Bicske was not suitable for families with children, especially those of school age, as the best interest of children demanded a stable environment for the child's growth and well-being. It recommended that Hungary adapt the three-phase reception procedure taking into account the need of children to live in a stable environment.

63. The independent expert on minority issues stated that aspects of Roma identity and culture, including traditional Roma languages, had suffered decline to the point of vanishing in some communities.

64. CRC was concerned about the lack of an inclusion policy and integration mechanisms and inadequate assistance for children with disabilities. CRC recommended, inter alia, that Hungary pursue efforts to ensure that children with disabilities exercise their right to education to the maximum extent possible and facilitate their inclusion in the mainstream education system.

70. UNHCR noted that children born in Hungary of refugee parents were registered as "unknown" nationals, since the authorities did not consider themselves competent to establish the child's nationality. Consequently, children remained of "unknown" nationality, which might result in statelessness.

Summary of Stakeholders' Information

19. Joint Submission 2 (JS2) reported that aliens apprehended by the police for unlawful entry or stay, with exception of unaccompanied minors and families with minors were detained even if they apply for asylum. CoE ECRI made similar observations.

32. HHC reported that the recent amendments had led to a situation in which juvenile offenders committing petty offences almost inevitably ended up in confinement for up to 45 days. If caught in the act, they could be automatically taken into short-term detention (up to 72-hours). HHC and JS1 recommended that Hungary eliminate this possibility and ensure that alternative sanctions in petty offence proceedings against juveniles are applicable.

36. JS1 reported that Roma children were over-represented in the child protection system, with a higher proportion placed in professional care institutions or in a children's home. Unlike Roma, a bigger proportion of other children were placed into family-like care or community settings. Roma children appeared to be removed more frequently for economic reasons than others.

61. CoE ACFC stated that the rate of Roma children attending schools were lower that those of other children, particularly where girls were concerned, notwithstanding the various remedial tuition programmes and grants provided for young Roma. It noted also hat there was a high drop out at the end of primary schooling.

62. CoE ACFC welcomed that an explicit ban on segregation was introduced in legislation. CoE ACFC was concerned that, despite the central authorities' political will to put an end to segregation of Roma children, segregation of Roma children being placed in special schools or within public schools, subsisted in practice.

63. JS1 reported that an increasing number of Roma children were deprived of equal education due to school segregation. JS1 referred to court decisions that banned a number of municipalities from their segregating practices and closed their schools for exclusively Roma children. CoE ACFC expressed concern, however, that despite a number of court decisions ruling that the ban on segregation had been violated by a number of local authorities, schools concerned had not yet taken adequate measures to remedy the situation.

64. Furthermore, JS1 noted that Roma children were also overrepresented in schools for children with mental disabilities due to discrimination. STP and CoE ECRI raised similar concerns. CoE ECRI noted that the efforts made to combat the disproportionate representation of Roma children in special schools for children with mental disabilities, though they had some positive effects, could not be said to have a major impact in practice so far. JS1 recommended that Hungary eliminate segregated education within a fixed period of time and draft a strategy for the introduction of an inclusive education.

65. JS1 reported that children with severe and multiple disabilities were not guaranteed the right to participate in the public school system.

Accepted and Rejected Recommendations

The following recommendations were accepted:

A - 94.41. Intensify efforts to combat all forms of discrimination to make effective the equality of opportunities and treatment among all inhabitants in its territory, with particular care and attention to women and children who are in the situation of more vulnerability, such as those who belong to the Roma people (Argentina);

A - 94.50. Introduce national measures to reduce school segregation and actively promote participation in society through education among the Roma community (Norway);

A - 94.56. Take all appropriate measures to protect children effectively from being exposed to violence, racism and pornography through mobile technology, video movies, games and other technologies, including the Internet (Pakistan);

A - 94.57. Prevent violence against Roma women and girls, including their harassment at school, and fill the gaps in Roma women's formal education (Islamic Republic of Iran);

A - 94.68. Rehabilitate and socially integrate women and girl victims of trafficking (Islamic Republic of Iran);

A - 94.70. Take further measures for the rehabilitation and social integration of women and girls who are victims of trafficking (Azerbaijan);

A - 94.71. Strengthen measures for the rehabilitation and social integration of women and girls victims of trafficking (Brazil);

A - 94.72. Increase efforts to effectively prevent trafficking in women and girls for sexual exploitation and domestic servitude and take measures for rehabilitation and social integration of women and girls who are victims of trafficking (Republic of Moldova);

A - 94.76. Ensure, in line with the recommendation of the Committee on the Rights of Child, the implementation in practice the prohibition of corporal punishment in schools (Russian Federation);

A - 94.77. Bring fully its system of juvenile justice into line with the CRC and ensure that detention of children under 18 should be separated from adults (Thailand);

A - 94.78. Take measures, including disciplinary measures, to bring to the attention of those working in the educational system, in particular teachers, their obligation to refrain from corporal punishment (Uzbekistan);

A - 94.79. Adopt measures, including disciplinary measures, in order to raise the awareness of professionals of the education system, in particular teachers, on their obligation of abstaining from resorting to corporal punishment (Uruguay);

A - 94.93. Take all necessary measures to promote equality in education in favour of all members of minority groups, especially Roma children (Greece);

A - 94.94. Take measures to guarantee the right to equal education for Roma children (Finland);

A - 94.95. Commit to improving school results of Roma pupils by 2015 (Canada);

A - 94.96. Aim to eliminate segregated education, which is not based on strict individual assessment, and draft a national strategy for the introduction of an inclusive education (Finland);

A - 94.97. Continue its efforts to ensure that children with disabilities exercise their right to education to the fullest extent possible and facilitate their integration into the general education system (Uruguay);

A - 94.104. Ensure urgently, through stable and systematic funding, continued functioning of the two bilingual Slovenian-Hungarian schools in Gornji Senik/Felsöszölnök and Stevanovic/Apátistvánfalva (Slovenia);

A - 94.106. Place special emphasis on addressing the socio-economic disadvantages of the Roma, particularly in the areas of employment, education, housing and access to health services. segregation in school should be eliminated through both incentives and sufficient penalty in case of violation (Thailand);

The following recommendations were rejected:

R - 95.22. Increase financial and welfare support to families living in conditions of poverty so that families living in a situation of poverty can raise their children with adequate amenities as required for healthy upbringing of those children (Bangladesh);

No recommendations were left pending.

Countries

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