Human rights in Hungary are governed by the Constitution of Hungary, laws passed by the National Assembly, and oversight of international organizations such as the Council of Europe. Human rights groups such as Amnesty International and Human Rights Watch have raised concern for the status of human rights in Hungary under the rule of Viktor Orbán and the Fidesz party since 2010.
The Constitution of Hungary states that the primary obligation of the state is to protect the rights of man. It also lists many rights that are protected, provides for rights to be defined by law, and guarantees that these rights are not to be applied in a discriminatory manner. [1] Act CXXV of 2003 guarantees equal treatment to all people in Hungary. Hungary is party to several international organizations and treaties to protect human rights. It joined the Council of Europe in 1990 and is bound by the European Convention on Human Rights.
As part of a process of illiberalization, the state's obligation to protect human rights has weakened under the Fidesz government. Judicial decisions are less like to consider human rights as a factor, and the Hungarian government is less likely to apply the human rights standards agreed upon by the international community. [2]
The Hungarian government has been accused by Human Rights Watch of circumventing the separation of powers and governing through an increasingly powerful executive. [3] Corruption in the Hungarian government is not addressed despite criticism from organizations such as the Group of States against Corruption. The Freedom of Information Act is limited in its power to require disclosure and many government activities are exempted. In response to the COVID-19 pandemic in March 2020, the government granted emergency powers to the executive that granted it wide latitude in ruling by decree, and these powers were renewed several times afterward. These powers have been used to restrict civil liberties outside the scope of public health. [4]
The Democracy Index ranked Hungary as the 56th most democratic country in 2021, with a score of 6.50 out of 10. [4] Freedom House ranked Hungary as "Partly Free" in 2022 with a score of 69/100. [5] In the Corruption Perceptions Index, Hungary ranked 73rd out of 180 countries in 2021. [6]
Manipulation of electoral laws, electoral irregularities, and control of the media have been raised as concerns during elections alongside voter support for illiberal democracy. [7] An OSCE report in 2018 found that the government discourages public involvement in election oversight through "intimidating rhetoric" and that elections are often operated without the presence of opposition or nonpartisan observers. No evidence was found of election fraud that would affect the results of an election. [5]
The ruling party of Fidesz has been found to utilize state resources to impede the ability of electoral challengers to compete, and the government has been accused of imposing financial penalties on districts and cities where the opposition is in power. [8] The government has been accused of running fraudulent opposition candidates to split the vote in Fidesz's favor. Authorities have also interfered with the ability of opposition figures to engage in peaceful political activities. State media is used by the Orbán government in campaigning and the State Audit Office is used to police opposition political activity while overlooking the activity of Fidesz. [5]
The constitution guarantees the right to freedom of expression, though it also criminalizes hate speech. Hate speech and genocide denial can be penalized with up to three years in prison. [3] In 2016, the European Court of Human Rights found that Hungary had violated the rights of judge András Baka following his dismissal for criticizing the government in Baka v. Hungary.
Protest is legal in Hungary and regularly exercised, though limitations were applied following a constitutional amendment and a legal act in 2018. In response to a demonstration in front of the home of the Prime Minister, the government of Hungary has restricted the ability to protest in a way determined to violate privacy rights, and Hungarian police have been given "broad discretionary powers" to enforce this law. [9] The Hungarian Civil Liberties Union opposed the change, citing concerns of police overreach and silencing of protests against Hungarian court rulings. [10]
Media in Hungary is mostly controlled by the government, and independent journalism is limited. [3] Privacy violations have been targeted against investigative journalists, and the government has issued criminal charges for printing things that it determines to be false. [8] Media outlets that are critical of Fidesz are often purchased or shut down by the government. [5] As of 2019, nearly 80% of the market of political news had its financing controlled by the ruling party, and rural areas typically do not have access to independent news. Journalists are often denied access to information and publicly criticized in state propaganda. [11]
In 2021, the Commissioner for Human Rights issued a memorandum condemning Hungary's limited freedom of expression and media freedom, criticizing "sustained smear campaigns" against journalists and human rights advocates to stifle criticism of the government, the power of the Hungarian Media Council over media funding, and the lack of accountability in pro-government media. [12] United Nations special rapporteur for freedom of expression Irene Khan found in a 2021 investigation that free media has been undermined in Hungary. [13]
The right to due process is generally protected in Hungary. [5] The criminal justice system of Hungary requires that suspects be informed of the charges against them. Suspects can be held for at most 72 hours, after which time a pretrial detention motion must be filed for continued detainment. Several circumstances entitle the defendant to legal counsel and suspects are entitled to be informed of their rights by police before questioning. Defendants are entitled to a fair trial, and this right has generally been enforced. The law provides for an independent judiciary, though human rights organizations have alleged that the independence of the judiciary has been compromised by the government under Fidesz. [8] Amnesty International has found that the president's power over the judiciary has undermined its independence. [14]
Physical abuse by police often goes unreported and is not often investigated. Conditions in prisons have been found to be inadequate, though an increase in facilities in 2020 has alleviated overcrowding. [5] The Hungarian prison system still functions at a 107% occupancy rate, and Hungary has the highest prison population in 33 years. [15]
The constitution guarantees a right to privacy. The government of Hungary has been found to conduct surveillance on journalists, politicians, and other prominent figures using the Pegasus spyware program and other means. Government agencies do not require judicial authorization to engage in surveillance against suspected terrorist threats. [8] [16]
Article XI of the Hungarian Constitution guarantees the right to an education, makes primary education compulsory, and provides for the government to provide assistance in seeking higher education. Article XXIX guarantees that students have the right to be educated in their native languages. [1] The ability of higher education institutions to function independently has been eroded as education reform in Hungary has given the state increased control over universities. The Hungarian government has restricted the ability of universities to teach or study social sciences and eliminated the field of gender studies entirely. [17] Academics are often targeted by state media as "Soros agents". [5] In 2020, the European Court of Justice condemned violations of academic freedom by the Hungarian government. [18] A ban on educational material to children regarding LGBT topics has been found to be a violation of educational rights by Amnesty International. [16]
Hungary is a source of and trafficking point for human trafficking. In 2020, the government adopted a national strategy to combat human trafficking through 2023. [5] As of 2021, the U.S. Department of State classifies Hungary's initiatives to combat human trafficking in the second of four tiers, indicating that its efforts are insufficient but improving. Hungary's initiatives have been found to be insufficient in regard providing assistance for victims of trafficking, including measures to prevent re-victimization. Human trafficking is governed by Article 192 of the criminal code, which penalizes human trafficking with up to ten years in prison or twenty years for the trafficking of children. [19] The Romani population of Hungary in particular has been found to be disproportionately affected by human trafficking. [20]
The most vulnerable groups regarding human trafficking in Hungary include those in poverty, under-educated young adults, the Romani people, single mothers, asylum-seekers, unaccompanied children, and the homeless. Child trafficking is not investigated separately in Hungary, and child victims have less access to resources for trafficking victims. A criminal charge for child sex trafficking in Hungary requires an act of "force, fraud, or coercion", limiting the ability to prosecute child sex traffickers and resulting in children being prosecuted for prostitution. Migrants and refugees are also disproportionately affected by human trafficking in Hungary. Identification of trafficking victims does not extend to those without residency, and the Hungarian government conducts less screening for trafficking indicators among migrants. Strict measures against asylum-seekers has increased their vulnerability to human trafficking. [19]
Right-wing populism has contributed to human rights issues regarding xenophobia, hate crimes, and discrimination against minorities. In 2016, the citizens of Hungary were found to be more opposed to refugees during the 2015 European migrant crisis than those of any other country. [21] Romani people face significant discrimination in Hungary, including in workplaces and schools. [3] [16] The government of Hungary is accused of illegally separating Romani children from their families and placing them in long-term state care. [16] Romani students are segregated in schools and sometimes relegated to schools for children with mental disabilities. [5]
The constitution outlines the right to freedom of religion in Article VII, guaranteeing the right to choose one's religious beliefs and practice or teach them in public and private life. Article XV guarantees that religion can not be a basis for a limitation of one's rights. [1] Act C of 2011 and its 2018 amendment set requirements for a religious organization to be recognized by the government and receive benefits from the state. [22] Hungary has historically been a country of religious pluralism, and the first law guaranteeing the right to freedom of religion was passed in 1895, though state atheism was enforced under the Hungarian People's Republic. [23] [24]
Hungarian religious law has been accused of discriminating against minority religious groups. Act C of 2011 revoked legal status from hundreds of religious organizations when passed, and it grants the National Assembly the final decision of whether a religious organization can be registered under the highest tier of recognition. The European Court of Human Rights found that the law violated the right to freedom of religion in 2014. [22] [25] The Orbán government has been criticized as antisemitic [26] [27] [28] and Islamophobic. [29] [30] [31] Government messaging spreads George Soros conspiracy theories that contribute to antisemitism in the country. [5] The Hungarian government has also been accused of enforcing Christianity, with the Hungarian Constitution describing Christianity as a critical aspect of the Hungarian nation. [1] [32]
Homosexual activity was decriminalized for men 21 and older in 1961, and the age was lowered to 18 in 1978. Unregistered cohabitation has been recognized since 1996. The Constitutional Court ruled that homosexual activity could not be restricted by an age other than the age of consent in 2002.[ citation needed ] The Orbán government has worked to restrict LGBT rights in Hungary. Article L of the 2011 Hungarian constitution defines marriage as one man and one woman, effectively outlawing same-sex marriage. [1] In 2020, Hungary banned recognition of transgender people and banned adoption by same-sex couples. [33] In 2021, restrictions were applied to promotion and portrayal of LGBT diversity on penalty of fines. [3]
The constitution guarantees gender equality. Domestic violence and sexual violence are crimes in Hungary. [8] The government of Hungary has refused to ratify the Istanbul Convention that establishes standards for combating violence against women. Gender discrimination is widespread in Hungary, and many government policies strengthen gender discrimination regarding domestic and workplace roles. [16] The Minister for Family Affairs has discouraged women from seeking fulfillment through the same career paths as men. [34] Women are underrepresented in government, holding only 26 of 199 National Assembly seats in 2021. [5]
The Hungarian Helsinki Committee is a human rights organisation that protects human dignity through legal and public activities. The HHC was founded in 1989, and it provides help to refugees, detainees and victims of law enforcement violence. [35]
The Hungarian Civil Liberties Union is a human rights NGO, founded in 1994. [36]
The politics of Hungary takes place in a framework of a parliamentary representative democratic republic. The prime minister is the head of government of a pluriform multi-party system, while the president is the head of state and holds a largely ceremonial position. As of 2024, The country is considered "no longer a full democracy" by the EU, and is generally said to have democratically backslid since 2010 when the Fidesz–KDNP Party Alliance led by Viktor Orbán won a two-third parliamentary supermajority and adopted a new constitution of Hungary that have both remained in place since.
Fidesz – Hungarian Civic Alliance is a right-wing populist and national-conservative political party in Hungary led by Viktor Orbán. It has increasingly identified as illiberal.
The Constitutional Court of Hungary is a special court of Hungary, making judicial review of the acts of the Parliament of Hungary. The official seat of the Constitutional Court is Budapest. Until 2012 the seat was Esztergom.
Viktor Mihály Orbán is a Hungarian lawyer and politician who has been Prime Minister of Hungary since 2010, previously holding the office from 1998 to 2002. He has also led the Fidesz political party since 2003, and previously from 1993 to 2000. He was re-elected as prime minister in 2014, 2018, and 2022. On 29 November 2020, he became the country's longest-serving prime minister.
Lesbian, gay, bisexual, and transgender (LGBTQ) people in Hungary face legal and social challenges not experienced by non-LGBT residents. Homosexuality is legal in Hungary for both men and women. Discrimination on the basis of sexual orientation and sex is banned in the country. However, households headed by same-sex couples are not eligible for all of the same legal rights available to heterosexual married couples. Registered partnership for same-sex couples was legalised in 2009, but same-sex marriage remains banned. The Hungarian government has passed legislation that restricts the civil rights of LGBT Hungarians – such as ending legal recognition of transgender Hungarians and banning LGBT content and displays for minors. This trend continues under the Fidesz government of Viktor Orbán. In June 2021, Hungary passed an anti-LGBT law on banning "homosexual and transexual propaganda" effective since 1 July. The law has been condemned by seventeen member states of the European Union. In July 2020, the European Commission started legal action against Hungary and Poland for violations of fundamental rights of LGBTQI people, stating: "Europe will never allow parts of our society to be stigmatized."
Fundamental rights are a group of rights that have been recognized by a high degree of protection from encroachment. These rights are specifically identified in a constitution, or have been found under due process of law. The United Nations' Sustainable Development Goal 17, established in 2015, underscores the link between promoting human rights and sustaining peace.
Bulgaria joined the Council of Europe and ratified the European Convention on Human Rights in 1992 and joined the European Union in 2007. Despite this, Bulgarian compliance with human rights norms falls below the standard expected of an ECHR signatory. The European Court of Human Rights noted that of 596 applications dealt with by the Court in 2022, 25 resulted in a judgement finding at least one human rights violation.
The Fundamental Law of Hungary, the country's constitution, was adopted by parliament on 18 April 2011, promulgated by the president a week later and entered into force on 1 January 2012. It is Hungary's first constitution adopted within a democratic framework and following free elections.
The status of religious freedom around the world varies from country to country. States can differ based on whether or not they guarantee equal treatment under law for followers of different religions, whether they establish a state religion, the extent to which religious organizations operating within the country are policed, and the extent to which religious law is used as a basis for the country's legal code.
The Government of Hungary exercises executive power in Hungary. It is led by the Prime Minister, and is composed of various ministers. It is the principal organ of public administration. The Prime Minister (miniszterelnök) is elected by the National Assembly and serves as the head of government and exercises executive power. The Prime Minister is the leader of the party with the most seats in parliament. The Prime Minister selects Cabinet ministers and has the exclusive right to dismiss them. Cabinet nominees must appear before consultative open hearings before one or more parliamentary committees, survive a vote in the National Assembly, and be formally approved by the President. The cabinet is responsible to the parliament.
János Áder is a Hungarian politician and lawyer who served as President of Hungary from 2012 to 2022. He is a long-time politician of the right-wing Fidesz. As a representative of his party, he took part in the Hungarian Round Table Talks during the end of communism in Hungary in 1989. He was a member of the National Assembly of Hungary from 1990 to 2009 and served as its speaker from 1998 to 2002. He temporarily presided the Fidesz between 2002 and 2003. He served as leader of the Fidesz parliamentary group between 2002 and 2006.
The second government of Viktor Orbán or the Government of National Cooperation was the Government of Hungary from 29 May 2010 to 6 June 2014. Orbán formed his second cabinet after his party, Fidesz won the outright majority in the first round on April 11, with the Fidesz-KDNP alliance winning 206 seats, including 119 individual seats. In the final result, they won 263 seats, of which 173 are individual seats. Fidesz held 227 of these seats, giving it an outright majority in the National Assembly by itself.
Parliamentary elections were held in Hungary on 3 April 2022 to elect the National Assembly, coinciding with a referendum. Hungary's incumbent prime minister Viktor Orbán won re-election to a fourth term. Addressing his supporters after the partial results showed Fidesz leading by a wide margin, Orbán said: "We won a victory so big that you can see it from the moon, and you can certainly see it from Brussels." Opposition leader Péter Márki-Zay admitted defeat shortly after Orbán's speech. Reuters described it as a "crushing victory".
The status of religious freedom in Europe varies from country to country. States can differ based on whether or not they guarantee equal treatment under law for followers of different religions, whether they establish a state religion, the extent to which religious organizations operating within the country are policed, and the extent to which religious law is used as a basis for the country's legal code.
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The Act LXXIX of 2021 on taking more severe action against paedophile offenders and amending certain Acts for the protection of children, often mentioned in English-language media as Hungary's anti-LGBT law, are legislative amendments that were approved by the Hungarian Parliament on 15 June 2021, on a 157–1 vote with most opposition parties at the time boycotting the vote. It was condemned by human rights groups and left-wing Hungarian opposition parties as discriminatory against the LGBT community. The EU and the United States consider the amendments to be discriminatory anti-LGBT restrictions. By contrast, most Eastern European EU countries did not take a public stance, apart from Poland, which supported the Hungarian position.
The Hungarian conservative party Fidesz has been accused of exhibiting anti-democratic and authoritarian tendencies since their return to leading the Hungarian government in 2010 under the leadership of Viktor Orbán in his second premiership. The Fidesz-led government has been accused of severely restricting media freedom, undermining the independence of the courts, subjugating and politicising independent and non-governmental institutions, surveilling political opponents, engaging in electoral engineering, and assailing critical NGOs. The Fidesz-led government has been accused of engaging in cronyism and corruption. Fidesz has been accused of antisemitism, and the Fidesz-led government has been accused of passing legislation that violates the rights of LGBT persons. Due to its controversial actions, Fidesz and its government have come in conflict with the EU on multiple occasions.
Freedom of religion is recognized as a legal right in Hungary. The Fundamental Law of Hungary establishes the country as being founded on Christian values but guarantees the right to freedom of religion and freedom from religious discrimination. The history of religious freedom in Hungary has varied, with freedom of religion first recognized in 1919 before being restricted by Communist rule in the mid-20th century. Religious rights were restored following the end of Communism in Hungary, but the government under Viktor Orbán has been criticized for its restriction of religious freedoms.
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