A/HRC/18/2
In addition, the Government was of the view that the definition of torture could be
harmonized with that contained in the Convention against Torture during the drafting of a
new Criminal Code, which had already been initiated.
616. The delegation stated that the Government was ready to examine accession to the
Optional Protocol to the International Covenant on Economic, Social and Cultural Rights.
As the process would, however, take time, the Government was not able to guarantee that
the accession process would be completed by the next universal periodic review of
Hungary. Regarding the ratification of the International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families, the delegation explained
that the States members of the European Union, including Hungary, had not joined the
Convention because its provisions were governed by European Union regulations.
According to the delegation, the legislative framework applied and practice regarding
migration and refugees followed in Hungary were fully in line with its international and
regional obligations.
617. Hungary supported the efforts of Hungarians living abroad to preserve their cultural
identity in accordance with international human rights standards, and acted in compliance
with the Bolzano recommendations on national minorities when supporting Hungarian
minorities living under the jurisdiction of another State. With regard to its Slovenian
minority, Hungary expressed its commitment to implement the recommendations of the
Slovenian-Hungarian Commission to the maximum extent possible, based on the view that
full implementation would depend on budgetary allocations.
618. Given existing national human rights strategies in a number of areas, the adoption of
a general human rights plan or programme would have no added value.
619. The delegation stated that, in view of the Government, the new media laws were in
conformity with its international human rights obligations. At the same time, Hungary
stood ready for dialogue if there were specific questions or observations relating to the
provisions of those laws, or their implementation. The delegation added that the annual
public report of the Media Council would contain, inter alia, information on its regulatory
activities.
620. Hungarian law fully covered and prosecuted all acts falling under the scope of
domestic violence. In addition, spousal rape had been punishable since 1997. Given this
legal basis, the Government planned to introduce new measures to address further cases of
domestic violence and marital rape. The delegation also explained that as the Act on Equal
Treatment and the Promotion of Equal Opportunities provided women with protection
against discrimination and guarantees for equal treatment, the adoption of a comprehensive
law on gender equality and of a separate law on combating gender violence was not
essential.
621. The delegation stated that the recommendation on the elevation of the status of the
national machinery for the advancement of women had already been implemented, because
the status and the staff of the Equal Treatment Authority had already been strengthened.
622. Although the incompatibility of capital punishment with the Hungarian legal system
was not explicitly enshrined at the constitutional level, several legal norms were in place to
ensure that that practice was prohibited.
623. Statutory regulations ensured freedom of choice with regard to abortion. At the same
time, the Government was committed to providing women with the opportunity to offer
newborn children for adoption as an alternative to abortion.
624. The Constitution prohibited discrimination based on various grounds, even though
those listed were not exhaustive, thus, some categories not explicitly listed were also
covered, including discrimination based on sexual orientation, as stipulated by the
GE.12-17756
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