HUNGARY: Children's Rights in UN Treaty Body Reports

Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp

Please note that the language may have been edited in places for the purpose of clarity.

 


UN Human Rights Committee

 (CCPR/C/HUN/5)
Last reported: 18 / 19 October 2010
Concluding Observations issued: 16 November 2010

Issues raised:

Sexual exploitation: The Committee is concerned at the lack of data on trafficking in persons despite reports of persistent trafficking of women and girls for sexual exploitation and domestic servitude. (art. 8).

The State party should investigate the root causes of trafficking and compile statistical data on this phenomenon which should be disaggregated by gender, age, ethnicity and country of origin. The State party should also compile detailed statistical data on the number of prosecutions, convictions and sanctions imposed on perpetrators of trafficking, and the measures taken for the protection of the human rights of victims. (Paragraph 12)

Roma children and education: While noting the State party’s efforts in adopting a Strategy on Roma inclusion, the Committee is still concerned at widespread discrimination and exclusion of the Roma in various fields such as education, housing, health, and political participation. (arts. 2, 26 and 27)

The State party should step up its efforts to eradicate stereotypes and widespread abuse by, inter alia, increasing awareness-raising campaigns that promote tolerance and respect for diversity. The State party should also adopt measures to promote access to opportunities and services in all fields and at all levels through affirmative action in order to address past inequalities. In this regard, the State party should consider re-introducing the allocation of reserved seats to national and ethnic minorities in order to improve their participation in the conduct of public affairs. (Paragraph 20)

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UN Committee on Economic, Social and Cultural Rights
Last reported: 2 and 3 May 2007
Report published: 16 January 2008

Issues raised:

Trafficking of women and girls: The Committee is concerned that the number of women and girls trafficked to, from, and through the State party is not adequately documented and that the State party has not adopted a national action plan to combat trafficking. (Paragraph 20)

The Committee calls on the State party to monitor closely the number of women and girls trafficked to, from, and through its territory; develop a national action plan to combat trafficking in human beings, especially women and girls; provide mandatory training on trafficking for the police, prosecutors and judges; and include in its next periodic report updated information on the number of reported trafficking cases, convictions and sentences imposed on perpetrators, and on the assistance provided to victims. (Paragraph 43)

Drug abuse among children: The Committee is concerned about reports on aggressive behaviour and easy access to drugs and alcohol among school children in the State party. (Paragraph 26)

Segregation of education: The Committee is deeply concerned about the high number of Roma children segregated in separate schools, such as special remedial schools for children with mental disabilities, or in separate substandard “catch-up” classes within schools, and that mainstream schools frequently put pressure on Roma parents to apply for private student status for their children. It is also concerned about the high dropout rate among Roma students at the secondary level and about their low enrolment in higher education. (Paragraph 27)

The Committee urges the State party to take effective measures to end inter- and intra- school segregation of Roma children and to ensure that segregated pupils are mainstreamed into the regular school system without delay; to enforce the prohibition of segregation under the Equal Treatment Act and of limitations under the Education Act on free school choice and on the proportion of severely disadvantaged children per school; to provide effective incentives for integrated education; and to ensure that every application for private student status is reviewed by an independent child protection expert. It recommends that the State party allocate sufficient funds to the free provision of textbooks, mentorship programmes and scholarships for disadvantaged students, in particular for the Roma, with a view to reducing dropout rates at the secondary level and increasing Roma enrolment in higher education. It also requests the State party to provide disaggregated data on enrolment, attendance and dropout rates of Roma at all levels of education, as well as on the extent and the forms of segregation, in its next periodic report. (Paragraph 50)

Provision of education in minority languages: The Committee is concerned about the limited opportunities for minorities, including for the Roma, to receive instruction in, or of, their native language and of their culture. (Paragraphs 28)

The Committee recommends that the State party ensure adequate opportunities for minorities, including for the Roma, to receive instruction in, or of, their native language and of their culture and, to that end, increase resources allocated to minority language education, as well as the number of teachers instructing minority languages, in cooperation with local governments and minority self-governments. (Paragraph 51)

Discrimination against Roma children: The Committee urges the State party to review its regulations on social assistance allowances and raise their amounts in order to better target the most disadvantaged and marginalised individuals, families and groups, such as the Roma, and provide them with a safety net that enables them to enjoy their economic, social and cultural rights. It also urges the State party to establish minimum standards for social assistance operated by local governments to ensure equal treatment for all those in need of social assistance. (Paragraph 41)

The Committee urges the State party to adopt and implement remedial measures relating to infrastructure in Roma settlements, extend the application of the Roma Housing and Social Integration Programme to all communities concerned, effectively enforce anti-discrimination legislation in the housing sector, refrain from distributing social housing through public auction at high prices; and increase the availability of social housing, in particular for the Roma. It also urges the State party to ensure that the rights of affected individuals, including children, are safeguarded and that alternative housing is provided whenever forced evictions take place, in line with the Committee’s general comment No. 7 (1997) on the right to adequate housing, and to include disaggregated data on the extent of homelessness, the number of forced evictions and arrangements for alternative housing in its next periodic report . (Paragraph 45)

Family reunification: The Committee recommends that the State party review its regulations on family reunification of refugees, with a view to broadening the concept of family members, simplifying and expediting reunification procedures, and protecting the right to family life of all refugees, including persons authorised to stay on the basis of subsidiary protection. (Paragraph 44)

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UN Committee on the Elimination of Racial Discrimination

(CERD/C/SR.1541 and 1542),
Last reported: 15 / 16 August 2002
Concluding Observations issued: 22 August 2002

Issues raised:

Education and Roma children: The Committee notes that, notwithstanding the measures provided for in the “Medium-Term Package of Measures”, the drop-out rates among Roma students remain high, especially in secondary education and even more so at university level. The Committee strongly recommends that the State party reconsider its policy of assigning Roma children to schools and classes for the mentally disabled. The Committee is also concerned about discriminatory practices resulting from the system of separate classes for Roma students and from private schooling arrangements. While noting that the State party intends to improve the education of Roma, the Committee further recommends that new programmes integrate Roma children into mainstream schools as far as possible, in order to avoid discrimination. (Paragraph 382).

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UN Committee on the Elimination of Discrimination against Women

CEDAW/C/HUN/CO/7-8/Corr.1
Last reported: February 2013
Concluding Observations: 17 June 2013

Issues raised:

Full document can't be opened.

 

 

 

Issues raised:

Early marriage: [….....] It also reiterates its concern that a minor between 16 and 18 years of age may legally marry.

It reiterates its recommendation that the State party raise the legal age of marriage for women and men to 18 years, in line with article 16, paragraph 2, of the Convention on the Elimination of All Forms of Discrimination against Women, the Committee’s general recommendation 21 and the Convention on the Rights of the Child. (Paragraphs 20 and 21)

Trafficking: While noting the ratification by the State party in December 2006 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, and the preparation of a draft national strategy to combat trafficking in humans, the Committee remains concerned about the persistence of trafficking in women and girls in Hungary.

The Committee calls upon the State party to ensure that the definition of trafficking in its legislation and related policies and plans is in line with article 3 (a) of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime. The Committee calls upon the State party to accelerate the formulation of its national strategy to combat trafficking in human beings, to ensure the effective implementation, with specified time frames, of all measures taken to combat human trafficking and to ensure that an effective monitoring system is in place to track progress. The Committee urges the State party to collect and analyse data from the police and international sources, prosecute and punish traffickers, and ensure the protection of the human rights of trafficked women and girls. It also recommends that the State party address the root cause of trafficking by increasing its efforts to improve the economic situation of women, thereby eliminating their vulnerability to exploitation and traffickers, and take measures for the rehabilitation and social integration of women and girls who are victims of trafficking. The Committee requests the State party to provide, in its next report, comprehensive information and data on trafficking in women and girls, on the exploitation of prostitution and on the measures taken to prevent and combat such activities. (Paragraphs 22 and 23)

Roma children: While noting the Programme for the Decade of Roma Inclusion 2005-2015, the Committee is concerned about the situation of Roma women and girls, who face multiple and intersecting forms of discrimination based on sex, ethnic or cultural background and socio-economic status. The Committee is also concerned that Roma women and girls remain in a vulnerable and marginalized situation and subject to discrimination, including with regard to  education, health, housing, employment and participation in political, public and economic life. It is 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.

The Committee urges the State party to take a holistic approach to eliminating the multiple and intersecting forms of discrimination that Roma women face and to accelerate their achievement of de facto equality through the effective coordination of all entities working on Roma, non-discrimination and gender equality issues. It urges the State party to implement targeted measures, within specific time frames, in all areas and to monitor their implementation. The Committee calls on the State party to ensure that a gender perspective is integrated into all aspects of the Programme for the Decade of Roma Inclusion 2005-2015. The Committee urges the State party to take concrete measures to overcome stereotypical attitudes towards Roma people, in particular Roma women and girls. It encourages the State party to organize training programmes for the police on Roma culture. The Committee also recommends that the State party address the high rate of unemployment among Roma women and adopt measures to enhance their participation in public life at all levels. The Committee recommends that the State party collect and make available statistical information pertaining to the education, health, employment and social, economic and political status of Roma women and girls, with a view to developing further specific policies to respond to their needs. The Committee requests the State party to report on the results achieved in its next periodic report. (Paragraphs 30 and 31)

 

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UN Committee against Torture

CAT/C/HUN/CO/4
Last reported: 15 / 16 November 2006
Concluding Observations: 6 February 2007

Issues raised:

Juvenile justice: The Committee expresses its concern at the length of the initial pre-trial detention phase (up to 72 hours), at ongoing pre-trial detention on police premises and the high risk of ill-treatment which it entails and greatly regrets that pre-trial detention of up to three years is provided for under the Criminal Procedure Act. Furthermore, the Committee is concerned that pre-trial detainees under and over 18 years are accommodated in the same cell in the course of the procedure and notes that the need for separation of children and adults is included in the Draft Penitentiary Code. (arts. 2, 11 and 16).

The State party should take appropriate measures to ensure that its pre-trial detention policy meets international standards, including by reducing pre-trial detention on police premises, further reducing the period of pre-trial detention and using the alternative measures outlined in the Code of Criminal Proceedings under the chapter “Coercive Measures” in cases where the accused does not pose a threat to society. Furthermore, the State party should take the necessary measures to ensure that children in pre-trial detention are kept separately from adults, and adopt the Draft Penitentiary Code. (Paragraph 7)

Trafficking: The Committee is concerned about persistent reports of trafficking in women and children for sexual and other exploitative purposes. The Committee regrets the lack of information about any assistance provided to victims of trafficking and training of law enforcement personnel and other relevant groups (arts. 2, 10 and 16).

The State party should continue to take effective measures to prosecute and punish trafficking in persons, including by strictly applying relevant legislation, raising awareness of the problem, and including the issue in training of law enforcement personnel and other relevant groups. (Paragraph 21)

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UN Committee on Migrant Workers

 Not yet signed or ratified.
 

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UN Committee on the Rights of Persons with Disabilities

CRPD/C/HUN/CO/1
Report published: 27 September 2012

Issues raised:

Participation of children with disabilities: The Committee regrets the insufficient participation of persons with disabilities and their representative organizations in the review and design of disability-related legislation and policies, as well as in other policy and decision-making processes, in line with their obligation under 4(3) in the CRPD. The Committee furthermore regrets the fact that representative organisations of persons with disabilities from Hungary did not participate in the constructive dialogue.

The Committee recommends that the State party take effective measures to consult with and actively involve persons with disabilities, including children and women with disabilities, through their representative organisations, in the planning, executing, and monitoring of public decision making processes at all levels and in particular in the matters affecting them, giving them reasonable and realistic timelines in providing their views, and providing them with adequate funding in order to enable them to fulfil their role under article 4(3) of the CRPD. (Paragraphs 13 and 14)

Children with disabilities: The Committee takes note that the State party’s Government Decree 1004/2010 (I.21.) on the National Strategy Promoting the Social Equality of Women and Men “treats the implementation of measures promoting the equality of women and specifically the equality of women with disabilities in their full integrity” (CRPD/C/HUN/Q/1/Add.1). However, the Committee regrets the lack of specific actions aimed at promoting the equality of women and girls with disabilities in the Strategy.

The Committee calls upon the State party to adopt effective and specific measures to ensure equality and prevent multiple forms of discrimination of women and girls with disabilities in its policies, and to mainstream a gender perspective in its disability-related legislation and policies. (Paragraph 19 and 20)

Violence against children: The Committee appreciates that the State party has taken measures to provide some specific disability-related provisions in its legislation and policies for prevention of exploitation, violence and abuse. It, however, is concerned that women, men, girls and boys with disabilities continue to face violence, abuse and exploitation.

The Committee recommends the State party to take effective measures to ensure protection of women, men, girls and boys with disabilities from exploitation, violence and abuse, in accordance with the Convention, amongst others, the establishment of protocols for the early detection of violence, above all in institutional settings, procedural accommodation to gather testimonies of victims, and prosecution of those persons responsible, as well as redress for victims. It also recommends the State party to ensure that protection services are age-, gender- and disability-sensitive and accessible. (Paragraphs 31 and 32)

Barriers to education: The Committee notes with appreciation that students with disabilities have the opportunity to study using sign language and the Braille system. It also notes that training in those subjects is provided to teachers. However, the Committee regrets that many students with disabilities continue to attend special educational institutions. It furthermore notes with concern that the State party has not taken sufficient steps to provide reasonable accommodation to all students with disabilities in mainstream educational facilities and to develop and promote an inclusive education system as defined by the Convention.

The committee is further concerned by the lack of social programmes directed to ensure the access of Roma children with disabilities to mainstream education and by the lack of adequate consultation with them and their parents in order to decide what kind of support is needed to satisfy their right to education.

The Committee calls upon the State party to allocate sufficient resources for the development of an inclusive education system for children with disabilities. It reiterates that denial of reasonable accommodation constitutes discrimination, and recommends the State party to significantly increase its efforts to: provide reasonable accommodation to children with disabilities based on the student’s individual requirements; provide students with disabilities with required support within the general education system; and to continue training teachers and all other educational staff to enable them to work in inclusive educational settings.

The committee urges the State party to develop programs to ensure that Roma children with disabilities are included in mainstream education programs, without disregarding the provision of reasonable accommodation that might be needed to obtain the desired outcome.

Data-collection: The committee is concerned about the lack of information regarding Roma children with disabilities. It is further concerned by the understanding of the State party of the way in which confidentiality and privacy towards children with disabilities should be considered.

The Committee recommends that the State party systematise the collection, analysis and dissemination of data, disaggregated by sex, age and disability; enhance capacity-building in this regard; and develop gender- and age-sensitive indicators to support legislative developments, policy-making and institutional strengthening for monitoring and reporting on progress made with regard to the implementation of the various provisions of the Convention, taking into consideration the changes from the medical to the human rights based approach to disability.

The committee recommends the State party to develop appropriate data collection to understand the nature and characteristics of Roma persons with disabilities in general and children in particular. (Paragraphs 48 to 50)

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UN Committee on Enforced Disappearance

Not yet signed or ratified.

 

Countries

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