A/HRC/33/9
8.
The new Fundamental Law had come into force in January 2012, which enshrined
that human rights are inalienable, interdependent and indivisible. Hungary remained a
parliamentary democratic republic. Several cardinal laws requiring a qualified majority had
been adopted relating to the Commissioner for Fundamental Rights, the Constitutional
Court, the legal status and remuneration of judges and to such major human rights issues as
freedom of information, the prosecution service, freedom of conscience and religion and
the legal status of churches.
9.
The national human rights institution had been strengthened and unified and, in
December 2014, had received A status from the Global Alliance of National Human Rights
Institutions. Furthermore, the national architecture for the protection of fundamental rights
had been perfected with the establishment of the National Authority for Data Protection and
Freedom of Information and by the Equal Treatment Authority.
10.
One of the outcomes of the first review cycle had been the establishment in 2012 of
an interministerial human rights working group with an advisory nature. The working group
had established a round-table group to facilitate consultations with civil society
organizations. For instance, the draft national report prepared by the Government for its
second universal periodic review cycle had been circulated among the members of the
round-table group for observations, which were subsequently incorporated into the final
version of the report. As a signature engagement, the Government of Hungary had
organized since 2008 the Budapest Human Rights Forum to diffuse knowledge and raise
awareness about human rights.
11.
The Government had embarked on a comprehensive reform of the penal system to
bring it into line with international law. In that context, a new criminal code had entered
into force in July 2013 based on four principles: efficiency, consistency, simplicity and
modernity, supplemented with severity in the case of repeat offenders, and a preventative
approach for first offenders.
12.
The legislation on penal execution had been reviewed to, inter alia, integrate several
recommendations from the European Committee for the Prevention of Torture and Inhuman
or Degrading Treatment or Punishment. Furthermore, following the ruling of the European
Court of Human Rights in László Magyar v. Hungary, the Government had authorized the
possibility of revising life imprisonment sentences.
13.
The delegation noted that the Ministry of Justice was in the process of amending the
Law on Criminal Procedures to incorporate, among other provisions, the protection of the
procedural rights of vulnerable groups and the effective regulation of covert operations and
secret surveillance.
14.
With regard to equality and non-discrimination, the delegation stated the new
Fundamental Law contained a comprehensive definition of discrimination. And, following
the concluding observations of the Committee on the Elimination of Discrimination against
Women, the new Penal Code introduced a legal provision criminalizing domestic violence,
including psychological violence.
15.
The Government had established a policy of zero tolerance against xenophobia and
racism. Anti-Semitic and Anti-Roma statements had been officially denounced by the
Government and had triggered legislative revisions. For instance, the rules of procedure of
Parliament concerning hate speech had been hardened and the Chair has a wider
disciplinary authority, including the ability to request the exclusion of a member of
parliament from a session and impose fines if he or she uses expressions against national,
ethnic or religious groups or individuals. Moreover, an advisory group composed of hate
crimes specialists had been established in 2012.
4
GE.16-11654
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