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Summary: The violations highlighted are those issues raised with the State by more than one international mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order.
Scroll to: _______________________________________________________________________ Trafficking of children, including for sexual exploitation UN Committee on the Rights of the Child (Concluding Observations, March 2006) The Committee welcomes that the Hungarian Penal Code has applied the definition of trafficking as contained in the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organised Crime (2000), however it regrets that ratification of the above mentioned Protocol still remains pending since its signature on 14 December 2000. The Committee recommends that the State party ratify as soon as possible the above-mentioned Protocols. In light of article 34 and other related articles of the Convention, the Committee recommends that the State party further strengthen its efforts to identify, prevent and combat trafficking in children for sexual and other exploitative purposes, including by: (a) Undertaking studies to assess the nature and magnitude of the problem; (b) Providing training for professionals, inter alia, police, court personnel, social workers; (c) Providing adequate programmes of assistance and social reintegration for sexually exploited and/or trafficked children in accordance with the Declaration and Agenda for Action and the Global Commitment adopted at the 1996 and 2001 World Congresses against Commercial Sexual Exploitation of Children. (Paragraphs 58 and 59) UN Human Rights Committee 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) UN Committee on Economic, Social and Cultural Rights 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) UN Committee on the Elimination of Discrimination against Women 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 Organised 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 Organised 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) UN Committee against Torture 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) Universal Periodic Review (May 2011) A - 94.68. Rehabilitate and socially integrate women and girl victims of trafficking (Islamic Republic of Iran); (accepted) A - 94.70. Take further measures for the rehabilitation and social integration of women and girls who are victims of trafficking (Azerbaijan); (accepted) A - 94.71. Strengthen measures for the rehabilitation and social integration of women and girls victims of trafficking (Brazil); (accepted) 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); (accepted) _______________________________________________________________________ Discrimination against children from Roma backgrounds, particularly with regards to education UN Committee on the Rights of the Child (Concluding Observations, March 2006) The Committee expresses concern at the continuing problems faced by Roma children that seriously affect the full enjoyment of their rights. In particular, the Committee is concerned about their high drop-out rate from school, which has a negative impact on their education and on their future access to employment. The Committee recommends that the State party continue to take measures towards social integration of these children and to combat marginalisation and stigmatisation of Roma children. Furthermore, additional measures are needed to ensure the full enjoyment of the rights enshrined in the Convention by Roma children, in particular as to their access to education and adequate standard of living. (Paragraphs 62 and 63) UN Human Rights Committee 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) UN Committee on Economic, Social and Cultural Rights 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 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) 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) 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) UN Committee on the Elimination of Racial Discrimination 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) UN Committee on the Elimination of Discrimination against Women 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 marginalised 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 organise 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. (Paragraph 30 and 31) Independent Expert on minority issues The Roma in Hungary are disproportionately affected by severe poverty. A 2003 World Bank report states that 40.3 per cent of Romani households in Hungary live in absolute poverty compared to only 6.9 per cent of general Hungarian households, while Hungary’s 2004 Millennium Development Goals (MDG) report, Reducing Poverty and Social Exclusion, states that by the end of the 1990s, 62 per cent of Roma families lived on less than half the median income (p. 20). According to a United Nations Development Programme (UNDP) and International Labour Organisation (ILO) survey in 2002, more than half of Roma children live in households which regularly go hungry. (Paragraph 50). Life expectancy rates are 60 years for Roma, compared to a national average of 72.3, while infant mortality rates are high. These are disparities which the Independent Expert considers to be a direct consequence of poverty. Furthermore a serious shortage of some 126 general medical practitioners in Roma areas, suggests that many may have little or no essential primary medical care services. Excluding Budapest, 18.6 per cent of Hungary’s Roma live in a settlement without a local doctor. (Paragraph 53) Aspects of Roma identity and culture, including traditional Roma languages, have suffered serious decline to the point of vanishing in some communities. The Government considers that approximately 80-85 per cent of the Roma population have lost the full use of Roma languages, partly a result of “assimilationist” policies pursued under communism and a lack of opportunities within the formal education system to learn or be taught in Roma languages, culture and traditions. (Paragraph 30). Urgent attention is required to fully address the education needs of Roma children, including ensuring access to quality education, curriculum and language issues, and the specific situation of Roma girls regarding education. Significant efforts by the Government to address segregation and discrimination are commended by the Independent Expert, however, they have to date achieved only limited impact despite high levels of funding and prioritisation of this issue. (Paragraph 58). Hungary’s third periodic report to the Committee on Economic, Social and Cultural Rights (EC/12/HUN/3, para. 598) states that almost all Roma children now complete eight classes of primary school, a significant improvement over the rates of only 26 per cent and 75 per cent at the beginning of the 1970s and 1990s respectively. However, very few progress to achieve a secondary school leaving certificate. Roma are 50 times less likely to receive a college or university diploma than non-Roma and less than 1 per cent hold higher education certificates. (paragraph 59). Post-communist Constitutional provisions entrenched local government authority in a number of important areas including education, creating a stumbling block for national efforts to address disparities in education between Roma and non-Roma children. To date, no Government has been able to achieve amendments to the Act on education that would wrest even limited powers from local authorities. While the national Government faces some limitations in its influence on local authorities, it is considered not to have been robust enough in its efforts to enforce its national education integration policy. Furthermore, there is no effective independent monitoring and evaluation system within Hungary and schools are under no obligation to accept or invite independent inspectors even if recommended by the national Government. Segregation in education (Paragraph 60). One Roma woman commented that: “Roma children are being robbed of their future by segregation in education.” The vast majority of children attend primary schools that are segregated with respect to Roma and non-Roma students. Eliminating segregated schooling at the primary level has become the priority objective for creating access to quality education for Roma. This important imperative adopted by the national Government has been the focus of resistance by many parents and local “majority” governments. (Paragraph 61). Resistance has taken a number of forms including: “white flight” to communities without Roma populations within the school districts, labelling Roma children as mentally disabled and diverting them to separate schools or separate tracks within majority schools, designating Roma as “private students” who need not attend classes, and even co-opting the Roma minority self-government structure in order to neutralise its ability to block local efforts to evade desegregation initiatives of the national Government. (Paragraph 62). The system of “free choice” established by the Constitution has been used as a mechanism for segregation in the school system. Parents can decide not to send their children to certain schools, and schools in other districts were free to make decisions as to which students to accept from outside their catchment area. Amendments to the Education Act in 2005 offer useful potential to assist in combating “free choice” as a vehicle for school segregation, since schools will be required to accept “disadvantaged students” first and to guarantee that a certain balance is maintained in the student body. This would avoid the “tipping point” phenomenon whereby increases over a certain percentage of Roma students would drive the best teachers to abandon the school and non-Roma parents to withdraw their children. (Paragraph 63). Another vehicle to achieve segregation is that Roma children are disproportionately placed in separate schools or classes for the mentally or learning disabled, regardless of their actual intellectual abilities. The Commissioner for the Integration of Disadvantaged and Roma Children of the Ministry of Education has stated that while 2 per cent of non-Roma children are in special needs schools for children classified as “slightly mentally disabled”, this figure is 20 per cent amongst Roma children. Children are tested prior to entrance to the primary school system, at which stage Roma children are more likely to be filtered into such special schools. While attendance of kindergarten is important to early educational progress, estimates suggest that a high percentage of Roma, usually those living in smaller or isolated settlements, lack kindergarten places. Moreover 10-11 per cent of Roma children never attend kindergarten although, according to the Act on Public Education, one year is compulsory for every child before they start school. On a positive note, new policies have been conceived to make it harder to fail children in the first three years of schooling, assisting disadvantaged children to catch up. (Paragraph 64). Financial motivations at the municipal level may work to perpetuate segregation and Roma exclusion from mainstream education. The State gives to municipalities higher grants on a per capita basis for children labelled slightly mentally disabled. However, without effective independent monitoring, there is often no evidence that extra funds are spent on the special needs schools, which are widely regarded as substandard with poor facilities and low teaching standards. Research groups suggest that the numerical intake of children into special needs schools remains constant year-on-year, suggesting a system based on quotas and institutional maintenance, rather than on the specific education needs of disabled children. (Paragraph 65). As part of its Action Plan for the Decade of Roma Inclusion 2005-2015, focusing on education, employment, health and housing, the Hungarian Government has provided financial incentives to local governments to assist in desegregation of schools. However the take-up has been poor and serious abuses of the system have been reported. For those authorities that fail to put in place desegregation measures, according to the Equal Treatment Act and recent judicial decisions, no penalties have been imposed and their core State funding remains intact. (Paragraph 66). A widely cited recent judicial decision on school segregation found the Miskolc Municipality, in its role as Education Authority for Hungary’s second largest city, to be maintaining segregation of Roma children in primary schools where they are taught in separate buildings and receive lower quality education. A legal action brought in June 2005 focused on seven schools which were “administratively and financially” merged but in practice maintained physical segregation. In June 2006, the Debrecen Appeals Court overturned a first instance judgement, in finding that Miskolc maintained the segregation of Roma children, violating their right to equal treatment. Importantly the Court agreed that not only active, but passive conduct could lead to a violation of the Equal Treatment Act. (Paragraph 67). In Jászladány in 2002 the municipal government actively segregated Roma and non-Roma children through the creation of a private foundation school (occupying half of the existing school building) excluding Roma children. This was partially achieved by manipulation of the system of minority self-government in order to neutralise its powers of veto. In the Roma minority self-government elections, the mayor’s wife, considered by community members to be non-Roma, stood as a candidate and was elected president. Until reforms instituted in July of this year, non-minorities could participate as candidates and the electorate in contests for minority self-governments. In this capacity, she supported the foundation school, thus allowing it to be registered. (Paragraph 68). The Equal Treatment Act bans segregation in schools and the Equal Treatment Authority has the power to bring legal cases against local authorities in cases of segregation. However, a finding of violation, even by the Constitutional Court, is not matched by sufficient penalty to prevent continuation of the offence or to act as a deterrent. In the Miskolc case, the Appeals Court concluded that, beyond a finding of violation and an order to publicise its finding via the media, it could not require Miskolc to actively engage in implementing a desegregation plan. Education of Roma girls and women . (Paragraph 69). Hungary’s 2006 report to the Committee on the Elimination of Discrimination against Women (CEDAW) demonstrates that some 35-40 per cent of Roma women have not completed primary school education. The Independent Expert expressed her concern in particular over the educational situation of Roma girls, both in regard to the discriminatory educational environment and attitudes within Roma communities that further restrict the participation of girls in education. (Paragraph 70). Policy measures must take into account the different obstacles faced by girls, and the specific concerns of parents, for example in relation to situations where children must travel to schools in neighbouring localities. The persistence of rigidly defined traditional gender roles within Roma communities was highlighted as a factor seriously restricting access of Roma girls to full education possibilities. The high proportion of Roma girls leaving education at an early age requires focused attention. A system of “second chance schools” offers an opportunity for those who have become mothers at an early age, to continue education by accommodating childcare needs. The Independent Expert commends such initiatives as examples of “promising practice”. Government statistics also reveal a predominance of female students benefiting from a scholarship programme for Roma students. (Paragraph 71). The current practice of labelling young Roma children as mentally disabled without justification based on the child’s intellectual capabilities is an unfortunate ruse to create segregated schools and classrooms. The practice is a serious violation of the rights of the child, discriminatory against Roma and has massive negative impact on the lives and future life chances of the targeted children. (Paragraph 96). (a) This system should be abolished and legal sanction brought against those authorities continuing this practice; (b) Culturally and linguistically appropriate assessments of learning abilities should be developed by nationally recognised professionals in consultation with professionals from minority communities to replace the current testing process that has resulted in the disproportionate targeting of Roma students for schools and classrooms for the mentally disabled. Students who have already been tested should be reassessed immediately. A national plan, implemented at the local level with full involvement of parents, should be established and independently monitored to ensure that the legitimate special needs of identified students, including Roma, are met in the most appropriate manner; (c) The Independent Expert greatly welcomes government initiatives such as the “Sure Start” programme, to support Roma and other disadvantaged students from the earliest age. However, urgent attention is required to address the current shortfall in kindergarten places for Roma children particularly in isolated rural settlements; (d) Initiatives aimed at assisting disadvantaged students, including afternoon schooling and extra curricula activities are welcome. Such measures should be extended and adequately funded to take into account the serious extent of discrimination faced by the Roma at all levels of the education system, and to assist Roma children to complete secondary education; (e) An affirmative action policy in regard to access to higher education, including via the Roma scholarship scheme, should be maintained and expanded to encourage Roma to complete higher education courses. Revisions to the financing and administration of the scholarship programmes, including the introduction of “post-financing” have created financial and administrative barriers for some students and should be reviewed; (f) Roma communities should be encouraged, including through a targeted public awareness campaign and through the social worker system, to realise their full obligations to the education of both boys and girls and to encourage school attendance; (g) All currently certified teachers and all currently in institutions of teacher training should receive training on pedagogical approaches for ethnically diverse student bodies. Included should be specific training: (i) In working with children from disadvantaged backgrounds; (ii) On how to help non-minority children overcome their racial prejudice and resentment; On how to deal with hate speech in the classroom. UN Special Rapporteur on racism While the Government has developed key important measures to address the situation of Roma, their situation has not improved in the last years but rather worsened. They have been the most affected by Hungary’s difficult transition period from socialism to a market-based economy and they continue to face racism, racial discrimination and intolerance in the areas of employment, education, housing and health. Reports of violence and abuse against Roma by the police, and discrimination in the judiciary, including in the criminal system, were also brought to Mr. Muigai’s attention. “If we do not act now, there may not be a tomorrow on this issue,” he said. “There is a great urgency to reinvigorate the education of Roma with all the necessary resources of the Hungarian Government. Hungary will have succeeded when it removes Roma from poverty, lack of education and unemployment”. Universal Periodic Review (May 2011) 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); (accepted) A - 94.50. Introduce national measures to reduce school segregation and actively promote participation in society through education among the Roma community (Norway); (accepted) 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); (accepted) A - 94.93. Take all necessary measures to promote equality in education in favour of all members of minority groups, especially Roma children (Greece); (accepted) A - 94.94. Take measures to guarantee the right to equal education for Roma children (Finland); (accepted) A - 94.95. Commit to improving school results of Roma pupils by 2015 (Canada); (accepted) 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); (accepted) 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); (accepted) 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); (accepted) 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); (accepted) _______________________________________________________________________ UN Committee on the Elimination of Discrimination against Women 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) Independent Expert on minority issues Issues related to child marriage in some sectors of the Romani community, are also lacking adequate policy measures. (Paragraph 34) _______________________________________________________________________ Use of, and conditions in, detention for children UN Committee on the Rights of the Child (Concluding Observations, March 2006) The Committee is concerned about information indicating that children continue to be victims of arbitrary detentions, police brutality and ill-treatment in detention facilities. The Committee recommends that the State party investigate thoroughly all allegations of torture and ill-treatment committed in particular within the juvenile justice administration by public officials and ensure that perpetrators are rapidly brought to justice and tried. The Committee also encourages the State party to provide adequate reparations, rehabilitation and recovery programs for victims of such abuses. (Paragraphs 26 and 27) The Committee is concerned about reported cases involving minors being arbitrarily detained and about ill treatment by law enforcement officials. Also, the Committee is concerned about reports of ill-treatment by adult inmates due to mixed detention facilities. The Committee expresses concern over the lack of public defence lawyers. The overrepresentation of Roma children within the administration of juvenile justice remains a serious concern. The Committee recommends that the State party fully bring the system of juvenile justice into line with the Convention, in particular articles 37, 40 and 39, and with other United Nations standards in the field of juvenile justice, including the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules); the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines); the United Nations Rules for the Protection of Juveniles Deprived of Their Liberty and the Vienna Guidelines for Action on Children in the Criminal Justice System; and the recommendations of the Committee made at its day of general discussion on juvenile justice (CRC/C/46, paras. 203-238). In this regard, the Committee recommends that the State party in particular: (a) Take all necessary measures to ensure that persons below 18 are only deprived of liberty as a last resort and that children, if detained remain separated from adults and protected from any form of ill-treatment; (b) Implement alternative measures to deprivation of liberty, such as probation, community service and suspended sentences; (c) Ensure that persons under 18 years of age in conflict with the law have access to legal aid as well as independent and effective complaints mechanisms; (d) Ensure that the principle of non-discrimination is strictly applied, in particular with regards to children of vulnerable groups such as Roma; (e) Maintain efforts concerning training on human rights and the problems of racism and discrimination provided for officials working with the administration of justice, in particular those in regular contact with members of vulnerable groups. (Paragraphs 60 and 61) UN Committee against Torture 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) UN Special Rapporteur on racism The situation of refugees, asylum seekers and migrants is a matter that calls for some attention. Complaint of racism, racial discrimination and xenophobia by refugees and asylum seekers on a daily basis were reported during the mission and the Special Rapporteur expressed his concern at the conditions of detention of asylum seekers and irregular migrants, including women, elderly persons, and children. It is important for the Government to ensure that it fully complies with its international human rights obligations. Universal Periodic Review (May 2011) 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); (accepted) _______________________________________________________________________ Inadequate measures to address child poverty, particularly affecting Roma children UN Committee on the Rights of the Child (Concluding Observations, March 2006) The Committee takes notice of the reform of the family allowance system, including an evident increase of benefits for children. The Committee remains concerned about the high number of families living in poverty and the even higher number of single parent families, families with three or more children and families caring for a child with severe disabilities. In particular the Committee is concerned about the predominance of the Roma population amongst the poor and the difficulty for this population to evade economic hardship because of unemployment, segregated settlements and educational deficits caused to a large extent by discrimination. The Committee recommends that the State party: (a) Thoroughly examine the effects of the new family allowance system with a view to ensure that every child enjoys the right to an adequate standard of living; (b) Strengthen, if necessary, the efforts to improve the standard of living of disadvantaged children, particularly those living in single parent families, families with three or more children and families caring for a child with severe disabilities; and (c) Provide material assistance and support capacity building programmes in order to protect children against the detrimental impact of deficient living conditions. Furthermore, the Committee recommends that the State party engage NGOs in dialogue, especially organisations working with family and children’s issues, and civil society in general, in the development of social policies in order to better understand the reasons for exclusion and to stimulate new ideas to raise the standard of living of vulnerable groups of children. (Paragraphs 45 to 47) UN Independent Expert on minority issues The Roma in Hungary are disproportionately affected by severe poverty. A 2003 World Bank report states that 40.3 per cent of Romani households in Hungary live in absolute poverty compared to only 6.9 per cent of general Hungarian households, while Hungary’s 2004 Millennium Development Goals (MDG) report, Reducing Poverty and Social Exclusion, states that by the end of the 1990s, 62 per cent of Roma families lived on less than half the median income (p. 20). According to a United Nations Development Programme (UNDP) and International Labour Organisation (ILO) survey in 2002, more than half of Roma children live in households which regularly go hungry. (Paragraph 50). UN Special Rapporteur on racism While the Government has developed key important measures to address the situation of Roma, their situation has not improved in the last years but rather worsened. They have been the most affected by Hungary’s difficult transition period from socialism to a market-based economy and they continue to face racism, racial discrimination and intolerance in the areas of employment, education, housing and health. Reports of violence and abuse against Roma by the police, and discrimination in the judiciary, including in the criminal system, were also brought to Mr. Muigai’s attention. “If we do not act now, there may not be a tomorrow on this issue,” he said. “There is a great urgency to reinvigorate the education of Roma with all the necessary resources of the Hungarian Government. Hungary will have succeeded when it removes Roma from poverty, lack of education and unemployment”. Universal Periodic Review (May 2011) 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); (rejected) _______________________________________________________________________ Violence and abuse affecting children , particularly in the home UN Committee on the Rights of the Child (Concluding Observations, March 2006) The Committee is concerned about the number of children who are victims of violence in the family and sexual abuse and about the lack of preventive and reintegration measures available. In light of article 19 of the Convention, the Committee recommends that the State party: (a) Undertake further in-depth studies on violence against children, including sexual abuse, in order to assess the extent, the causes, scope and nature of these violations; (b) Strengthen awareness-raising and education campaigns with the involvement of children in order to prevent and combat child abuse; (c) Review the relevant legislation with a view to strengthening the protection of children where necessary; (d) Improve the reporting of cases of child abuse inter alia by ensuring that mandatory reporting for professionals working with or for children is applied in practice and by introducing child-sensitive possibilities to report instances of abuse; (e) Provide the necessary services for full physical and psychological recovery and social reintegration for children victims of violence; (f) Develop a monitoring system of the responsibilities placed on local authorities; (g) Pay particular attention to the establishment of emergency mechanisms such as a 24-hour toll free helpline and shelters for children and women with children. In the context of the Secretary-General’s in-depth study on the question of violence against childrenand the related questionnaire to Governments, the Committee acknowledges with appreciation the written replies of the State party and its participation in the Regional Consultation for Europe and Central Asia held in Slovenia from 5 to 7 July 2005. The Committee recommends that the State party use the outcome of this regional consultation in order to take action, in partnership with civil society, to ensure the protection of every child from all forms of physical or mental violence, and to generate momentum for concrete and, where appropriate, time-bound actions to prevent and respond to such violence and abuse. (Paragraphs 36 to 38) UN Committee on the Rights of Persons with Disabilities 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) Universal Periodic Review (May 2011) 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); (accepted) _______________________________________________________________________ Corporal punishment, particularly in schools UN Committee on the Rights of the Child (Concluding Observations, March 2006) The Committee is concerned that corporal punishment in schools, despite being prohibited by the Hungarian Child Education Act, continues to occur. The Committee recommends that the State party undertake measures, including corrective ones, in order to sensitise professionals within the educational system, in particular teachers, about their obligation to refrain from resorting to corporal punishment. In addition, the Committee recommends that awareness-raising campaigns be implemented in order to inform children of their rights. (Paragraphs 54 and 55) Universal Periodic Review (May 2011) 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); (accepted) 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); (accepted) _______________________________________________________________________ Inadequate provision for children with disabilities UN Committee on the Rights of the Child (Concluding Observations, March 2006) The Committee is concerned about the lack of an inclusion policy and integration mechanisms and inadequate assistance for children with disabilities. The Committee recommends that the State party: (a) Ensure implementation of the Standard Rules for Equalising the Possibilities for Persons with Disabilities, adopted by the United Nations General Assembly on 23 December 1993; (b) Pursue efforts to ensure that children with disabilities exercise their right to education to the maximum extent possible and facilitate inclusion in the mainstream education system; (c) Undertake greater efforts to make available the necessary professional (i.e. disability specialists) and financial resources, especially at the local level, and to promote and expand community-based rehabilitation programmes, including parent support groups; (d) Pursue further efforts to avoid the marginalisation and exclusion of children with disabilities and of children with disabled parents. (Paragraphs 39 and 40) UN Committee on the Rights of Persons 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) 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) 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. (Paragraphs 39 to 42) Universal Periodic Review (May 2011) 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); (accepted) _______________________________________________________________________ Inadequate human rights education UN Committee on the Rights of the Child (Concluding Observations, March 2006) The Committee regrets that there is no obligatory component of human rights education in the core curriculum of all schools. The Committee recommends that an obligatory component of human rights education be introduced in the curriculum as it may play a central role in the endeavours to change discriminatory attitudes. (Paragraphs 52 and 53) UN Special Rapporteur on the protection and promotion of the right to freedom of opinion and expression In accordance with the recommendations of the Committee on the Rights of the Child of June 1998, and the Human Rights Committee of August 1993, the Special Rapporteur encourages the Government to strengthen its efforts to disseminate the principles and provisions of the Convention on the Rights of the Child and the International Covenant on Civil and Political Rights, as well as all other texts in the field of human rights, to NGOs, the mass media and the public at large, including children themselves, in order to increase the accessibility to information by children from rural, poor and minority communities. (Paragraph 79). _______________________________________________________________________ Treatment of refugees and asylum-seeking children UN Committee on the Rights of the Child (Concluding Observations, March 2006) While the Committee notes that the consideration of the general principle of the best interests of the child is consistently demanded by laws, it is concerned that this principle is not always respected in practice, in particular with regard to decisions affecting children belonging to vulnerable groups such as refugee and asylum-seeking children and children belonging to ethnic minorities, particularly Roma. The Committee recommends that the State party strengthen its efforts to ensure that the general principle of the best interests of the child is understood, appropriately integrated and implemented in all legal provisions as well as in judicial and administrative decisions and in projects, programmes and services which have impact on children, including children belonging to vulnerable groups. (Paragraphs 22 and 23) The Committee notes with appreciation that the State party has improved the conditions for refugee and asylum-seeking children by guaranteeing their legal right to education, involvement of psychologists in the determination of refugee status and by the establishment of a special residential facility for separated children. However, the Committee remains concerned about the obstacles hindering family reunification among refugees. The Committee recommends that the State party improve the possibilities for family reunification by refraining from the application of financial conditions. Furthermore, the Committee recommends that the State party take into account general comment No. 6 (2005) in the design of legislation and policies relating to the treatment of unaccompanied and separated children outside their country of origin. (Paragraphs 56 and 57) UN Committee on Economic, Social and Cultural Rights 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) UN Special Rapporteur on racism The situation of refugees, asylum seekers and migrants is a matter that calls for some attention. Complaint of racism, racial discrimination and xenophobia by refugees and asylum seekers on a daily basis were reported during the mission and the Special Rapporteur expressed his concern at the conditions of detention of asylum seekers and irregular migrants, including women, elderly persons, and children. It is important for the Government to ensure that it fully complies with its international human rights obligations. _______________________________________________________________________ Ineffective measures to address the exposure of children to violence, racism and pornography UN Committee on the Rights of the Child (Concluding Observations, March 2006) The Committee is concerned over the exposure of children to violence, racism and pornography, especially through the Internet. The Committee recommends that the State party 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. (Paragraphs 28 and 29) Universal Periodic Review (May 2011) 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); (accepted) _______________________________________________________________________ Inadequate response to drug use among children UN Committee on the Rights of the Child (Concluding Observations, March 2006) Furthermore, the Committee is concerned over the high incidence of drug addiction among adolescents. The Committee is also concerned over the high suicide rates among children and the lack of mental health services. The Committee recommends that the State party pay close attention to adolescent health, taking into account general comment No. 4 (2003) on adolescent health and development in the context of the Convention on the Rights of the Child, and strengthen its efforts to promote adolescent health, including sexual and reproductive health education in schools, and to introduce school health services, including youth-sensitive and confidential counselling and care. The Committee also recommends that the State party take all necessary measures to address the problem of suicide and to establish adequate mental health services for children. (Paragraphs 43 and 44) UN Committee on Economic, Social and Cultural Rights 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) _______________________________________________________________________
Last reported: 18 and 19 October 2010
Concluding Observations issued: 16 November 2010
Last reported: 2 and 3 May 2007
Concluding Observations issued: 16 January 2008
Last reported: 31 July 2007
Concluding Observations issued: 10 August 2007
Last reported: 15 and 16 November 2006
Concluding Observations: 6 February 2007
Last reported: 18 and 19 October 2010
Concluding Observations issued: 16 November 2010
Last reported: 2 and 3 May 2007
Concluding Observations issued: 16 January 2008
Last reported: 15 and 16 August 2002
Concluding Observations issued: 22 August 2002
Last reported: 31 July 2007
Concluding Observations issued: 10 August 2007
Country visit: 26 June to 3 July 2006
Report published: 4 January 2007
Country visit: 23 to 27 May 2011
Press release issued: 31 May 2011
Last reported: 31 July 2007
Concluding Observations issued: 10 August 2007
Country visit: 26 June to 3 July 2006
Report published: 4 January 2007
Last reported: 15 and 16 November 2006
Concluding Observations: 6 February 2007
Country visit: 23-27 May 2011
Press release issued: 31 May 2011
Country visit: 4 January 2007
Report published: 26 June to 3 July 2006
Country visit:: 23-27 May 2011
Press release issued: 31 May 2011
Concluding Observations issued: 27 September 2012
Report published: 27 September 2012
Country visit: 9 to 13 November 1998
Report published: 29 January 1999
Last reported: 2 and 3 May 2007
Concluding Observations issued: 16 January 2008
Country visit: 23 to 27 May 2011
Press release issued: 31 May 2011
Last reported; 2 and 3 May 2007
Concluding Observations issued: 16 January 2008