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March 8, 2002
The Human Rights Committee
Re: Supplementary information on Hungary
Scheduled for review by the
UN Human Rights Committee during its seventy-fourth session
Dear Committee Members:
This letter is intended to supplement the periodic report submitted by the
Republic of Hungary, which is scheduled to be reviewed by the Human Rights
Committee (Committee) during its 74th session. The Center for Reproductive
Law and Policy (CRLP) and NANE, independent non-governmental organizations, hope
to further the work of the Committee by providing independent information
concerning the rights protected in the International Covenant on Civil and
Political Rights (ICCPR). This letter highlights several areas of concern
related to the status of women's reproductive and sexual health and rights in
Hungary and focuses specifically on discriminatory or inadequate laws and
policies.
Because reproductive rights are fundamental to women's health and equality,
States Parties' commitment to ensuring them should receive serious
attention. Further, women's reproductive health and rights receive broad
protection under the ICCPR. In its elaboration of equality of rights
between men and women in General Comment 28, the Committee directs States
Parties to report on laws as well as public or private actions that interfere
with women's equal enjoyment of the right to privacy in the area of reproductive
health.1 The Committee asks States Parties to eliminate any interference
in the exercise of this right.2 Women's lack of access to health services,
and particularly reproductive health services, has been identified by the
Committee as a violation of Article 3, which guarantees the right of equality of
men and women.3
We wish to bring to the Committee's attention the following issues of
concern, which directly affect the reproductive health and lives of women in
Hungary:
A. The Right to Reproductive Health Care, including Family Planning and Safe
and Legal Abortion Services (Articles 3, 6, 23, and 26 of the ICCPR)
The ICCPR's guarantee of the right to life in Article 6 requires governments
to take "positive measures" aimed at preserving life.4 Such measures
should respond to the
needs of both women and men, in keeping with Articles
3 and 26, which guarantee the right to equal enjoyment of the rights in the
Covenant and equality before the law.5 Because reproductive health care is
an essential condition for women's survival, these provisions collectively give
rise to a governmental duty to ensure the full range of reproductive health
services, including the means of preventing unwanted pregnancy.
The Committee has recognized in its General Comment 19(39) the right to
"procreate and live together," which by inference includes the right to
reproductive health care and to all safe and appropriate forms of
contraception.6 Accordingly, the Committee has found possible violations
of the ICCPR where women have difficulty accessing contraceptive methods to
prevent unwanted pregnancies.7 It has recognized that women's lack of
access to contraceptives, including their high cost, is discriminatory.8
The Committee has further acknowledged that States' duties to protect and
ensure the right to life includes a duty to protect women who terminate their
pregnancies.9 It has called upon States to take measures "to ensure that
women do not risk life because of restrictive legal provisions on abortion,"
i.e. being forced to seek abortions under clandestine, unsafe
conditions.10 In this regard, the Committee has condemned legislation that
criminalizes or severely restricts access to abortion11 and has recommended
liberalization of criminal abortion laws.12
1. Contraception
While Hungary's health policy provides for free or highly subsidized health
services for its population, reproductive health is addressed primarily under
the rubric of maternal health care.13 There is no coverage for
contraception and women who use contraceptives must pay for them out-of-pocket.
14 Only in cases of serious social or medical justification will the state
insurance cover the full costs of contraceptive pills.15 Even under these
circumstances, only a few types of pills (e.g. Anteovin and Rigevidon) qualify
for this special coverage and thus, this option is seldom exercised by
women.16
Hormonal contraceptive prices range from USD 2.20 to USD 14.30 per three
months' dose.17 The prices of condoms vary from USD 0.60 to USD 0.80 for a
package of three.18 IUDs can cost up to USD 136.19 With women's
average monthly gross income in 1999 at USD 244,20 the cost of contraceptives
remains prohibitive for most women. Women with young children are
especially vulnerable as they receive only about USD 100/month in maternity
support, depending on the number of children.21
2. Abortion
Hungary recently amended its abortion law to make it more difficult for women
to access abortion services. This change, which runs counter to the
international trend of abortion law liberalization, was effected despite the
risks to health and life associated with restrictions on abortion services.
To have an abortion in Hungary, women are required to undergo biased
counseling with a health employee who must attempt to persuade the woman to
carry the pregnancy to term. The health employee is required to give
information on the financial, moral, and social help available from state and
non-state actors for parents, the possibilities of adoption, the dangers of
abortion, and the development of the fetus. After the first counseling
session, the woman must wait a minimum of three days for a second mandatory
counseling session, where she is given information on abortion methods, legal
requirements for obtaining the procedure, medical institutions that offer it,
and the availability of post-abortion assistance.22 In seeking to dissuade
women from exercising their right to an abortion, the Department for the
Representation of Women, within the Hungarian Ministry of Social and Family
Affairs, has funded a brochure published by anti-abortion groups that provides
misleading medical information on the harms of abortion (see brochure excerpts
enclosed). The brochure exaggerates the physical effects of abortion,
claims that abortion causes breast cancer, characterizes abortion as the killing
of human life and includes drawings of babies being mutilated with
knives.23 The brochure in itself constitutes a barrier to safe and legal
abortion services and interferes with women's autonomous
decision-making.
Hungary has further sought to restrict abortion access by revoking its
subsidization of abortion services. 24 The new law permits government
funding for abortion only in cases of medical necessity, serious social or
financial situations, and where pregnancy results from a crime.25
Otherwise, the woman must pay for her abortion, which costs USD 68 in a state
hospital.26 The high cost of abortion procedures primarily affects
low-income women, who do not have the means to pay for legal abortion services
in hygienic settings.
B. Violence Against Women and Girls (Articles 3, 6 & 7)
Article 7 of the ICCPR states that no one shall be subjected to torture,
inhuman or degrading treatment, or punishment. Article 6 ensures the
individual's right to life. Both of these rights are potentially violated
when women are subjected to rape and domestic violence. Article 3, which
provides for the equal enjoyment by both sexes of the Covenant's rights, is
violated if women are not protected by law and the government's diligent
enforcement of such law.
The Committee has urged States to promulgate laws providing effective
protection against rape, sex abuse, and violence against women.27 The
Committee's numerous comments to States Parties on domestic violence28 reinforce
state responsibility by placing a strong emphasis on the need for legislation to
criminalize this violence.29 The Committee has further commented that acts
of discrimination, such as sexual harassment in the workplace, should "be an
offence punishable by law."30
1. Domestic Violence
The Hungarian Penal Code does not recognize domestic violence as a separate
crime and the Minister of Justice has specifically stated that domestic violence
legislation is not needed, asserting that such legislation would be positive
discrimination and is not required by Hungary's international obligations.31
This omission leads to a lack of effective measures for women seeking legal
protection from domestic abuse. For example, the law does not provide for
the remedy of protective orders against abusive partners. Additionally,
stalking, a typical strategy of abusive partners who intend to create fear and
disruption in women's lives, is not recognized as a crime under Hungarian
law. Neither law enforcement officials nor courts make efforts to
guarantee the safety of abused women and their children.32
2. Incest and Rape
While incest is legally recognized as a crime,33 it has not been the subject
of consistent or vigorous investigation and prosecution. An average of
only 3.5 cases per year over a ten-year period ended in conviction of a male
offender.34
Rape is another crime in Hungary that is inadequately investigated and
prosecuted, due both to the requirements of the Penal Code35 and the biases of
law enforcement officials and courts. There is no specialized training or
education provided to law enforcement officials to deal with sex crimes.
To the contrary, the textbook for police academy students devotes more than
three pages to teaching how to prove that the alleged rape victim is
lying.36 Consequently, investigations are ineptly and inappropriately
pursued.
3. Sexual Harassment
Sexual harassment is not recognized as an offense under Hungarian law in
either the civil or penal code. Therefore, women who are victims of sexual
harassment in their workplaces have little legal redress.
We hope that the Committee will consider addressing the following
questions to the Hungarian government:
1. What steps is the government pursuing to provide comprehensive
reproductive health services, including family planning services and
information, to all women?
2. What measures are being taken to redress discriminatory coverage of health
services, and, in particular, the lack of subsidization for contraceptives and
abortions, especially for low-income women?
3. What procedures is the government taking to enact legislation as well as
to guarantee women's physical safety in cases of domestic violence and sexual
harassment?
4. What steps are being pursued to ensure that law enforcement and court
officials are sensitized to gender concerns in sex crimes and that such crimes
are vigorously prosecuted?
Finally, we have included the following supporting documentation for the
Committee's reference:
* The chapter on Hungary in Women of the World: Laws and Policies Affecting
Their Reproductive Lives, East Central Europe (CRLP ed. 2000).
* Briefing paper authored by CRLP, Trends in Reproductive Rights: East
Central Europe (2001).
* Brochure funded by the Ministry of Social Affairs given to women seeking
abortions.
There remains a significant gap between the provisions contained in the
International Covenant on Civil and Political Rights and the reality of women's
reproductive health and lives. We appreciate the active interest that the
Committee has taken in the reproductive health and rights of women in the past,
stressing the need for governments to take steps to ensure the realization of
these rights.
We hope that this information is useful during the Committee's review of the
Hungarian government's compliance with the ICCPR. If you have any
questions, or would like further information, please do not hesitate to contact
us.
Very truly yours,
Christina Zampas Judit Wirth
Staff
Attorney, International Program, CRLP Executive Director, NANE
Laura Katzive
Staff Attorney, International Program, CRLP
1 Human Rights Committee, General Comment 28, Equality of rights between men
and women (Article 3), 68th Sess., 1834th mtg., para. 20, U.N. Doc.
CCPR/C/21/Rev/1/Add/10 (2000) [hereinafter HRC, General Comment 28].
2 Id.
3 See, e.g., Concluding Observations of the Human Rights Committee: Ecuador,
63rd Sess., 1692nd mtg., para. 11, U.N. Doc. CCPR/C/79/Add.92 (1998)
[hereinafter HRC Concluding Observations: Ecuador]; Concluding
Observations of the Human Rights Committee: Poland, 66th Sess., para. 11, U.N.
Doc. CCPR/C/79Add.110 (1999) [hereinafter HRC Concluding Observations: Poland].
4 Human Rights Committee, General Comment 6, Right to Life (Article 6), 16th
Sess., para. 5 (1982).
5 International Covenant on Civil and Political Rights, G.A. Res. 2200A
(XXI), U.N. GAOR, 21st Sess., Supp. No. 16, U.N. Doc A/6316 (1966), art. 3, art.
36, 999 U.N.T.S. 171 (entered into force Mar. 23, 1976) [hereinafter Civil and
Political Rights Covenant].
6 Human Rights Committee, General Comment 19, Protection of the family, the
right to marriage and equality of the spouses (Article 23), 39th Sess., para. 5
(1990).
7 UNITED NATIONS CENTER FOR HUMAN RIGHTS, MANUAL ON HUMAN RIGHTS REPORTING
120, para. 239, U.N. Doc. HR/PUB/91/1 (1991).
8 See, e.g., HRC Concluding Observations: Poland, supra note 3, para.
11(b).
9 See, e.g., Concluding Observations of the Human Rights Committee: Chile,
65th Sess., 1740th mtg., para. 15, U.N. Doc. CCPR/C/79/Add.104 (1999)
[hereinafter HRC Concluding Observations: Chile].
10 Report of the Human Rights Committee, Vol. 1, 52nd Sess., Supp. No. 1,
para. 167, U.N. Doc. A/52/40 (1997) [hereinafter HRC Report].
11 See, e.g., Concluding Observations of the Human Rights Committee:
Argentina, 70th Sess., 1893rd mtg., para. 14, U.N. Doc. CCPR/CO/70/ARG (2000)
[hereinafter HRC Concluding Observations: Argentina]; Concluding Observations of
the Human Rights Committee: Bolivia, 59th Sess., 1582nd mtg., para. 22, U.N.
Doc. CCPR/C/79/Add.74 (1997); HRC Concluding Observations: Chile, supra note 9,
para. 15; Concluding Observations of the Human Rights Committee: Costa Rica,
65th Sess., 1751st mtg., para. 11, U.N. Doc. CCPR/C/79/Add.107 (1999)
[hereinafter HRC Concluding Observations: Costa Rica]; HRC Concluding
Observations: Ecuador, supra note 3, para. 11; Concluding Observations of the
Human Rights Committee: Ireland, 69th Sess., 1858th mtg., para. 23, U.N. Doc.
A/55/40, paras. 422-451 (2000) [hereinafter HRC Concluding Observations:
Ireland]; Concluding Observations of the Human Rights Committee: Kuwait, 69th
Sess., 1864th-1865th mtgs., para. 15, U.N. Doc. CCPR/CO/69/KWT;A/55/40, paras.
452-497 (2000) [hereinafter HRC Concluding Observations: Kuwait]; Concluding
Observations of the Human Rights Committee: Lesotho, 65th Sess., 1747th-1748th
mtgs., para. 11, U.N. Doc. CCPR/C/79/Add.106 (1999) [hereinafter HRC Concluding
Observations: Lesotho]; Concluding Observations of the Human Rights Committee:
Peru, 70th Sess., 1892nd mtg., para. 20, U.N. Doc. CCPR/CO/70/PER (2000)
[hereinafter HRC Concluding Observations 2000: Peru]; Concluding Observations of
the Human Rights Committee: Peru, 58th Sess., 1555th mtg., para. 15, U.N. Doc.
CCPR/C/79/Add.72 (1996) [hereinafter HRC Concluding Observations 1996: Peru];
HRC Concluding Observations: Poland, supra note 3, para. 11; and Concluding
Observations of the Human Rights Committee: Senegal, 61st Sess., 1640th mtg.,
para.
12, U.N. Doc. CCPR/C/79/Add.82 (1997) [hereinafter HRC Concluding
Observations: Senegal].
12 See, e.g., HRC Concluding Observations: Chile, supra note 9, para. 15.
13 Hungary also attempted to regulate surrogacy. Before 1997, there was
no legal provision for surrogacy. In 1997, Parliament adopted legal
provisions that would have allowed altruistic forms of surrogacy between
relatives, forbidding any commercial benefit. The application of these
provisions was postponed until 2000. In 1999, however, a new law came into
force: 1999. évi CXIX. törvény az államszervezetre vonatkozó egyes törvények,
továbbá az ingatlan-nyilvántartásról, az egészségügyről, valamint a halászatról
és a horgászatról szóló törvények módosításáról [Act CSIX of 1999 Amendment Acts
on State Administration and Land Registry, Health Care and Fishing], available
at http://www.kerszov.hu (last visited Apr.
3, 2000). This Act no longer mentions surrogacy among reproductive health
care services.
14 See THE CENTER FOR REPRODUCTIVE LAW AND POLICY (CRLP), WOMEN OF THE WORLD:
LAWS AND POLICIES AFFECTING THEIR REPRODUCTIVE LIVES-EAST CENTRAL EUROPE 58
(2000) [hereinafter WOMEN OF THE WORLD].
15 MAGYAR GYÓGYSZERKÖNYV [HUNGARIAN REGISTRY OF MEDICINES].
16 Several practicing OB/GYN specialists interviewed by NANE have never used
this possibility. The women themselves seldom wish to use this possibility,
since the pills offered for subsidy are the ones with the most radical side
effects. Communication from NANE (on file with CRLP).
17 E-mail from Judit Wirth, Executive Director, NANE, to Christina Zampas,
Staff Attorney, The Center for Reproductive Law and Policy (Feb. 27, 2002) (on
file with CRLP).
18 See WOMEN OF THE WORLD, supra note 17, at 59.
19 See id.
20 MINISTRY OF FAMILY AND SOCIAL AFFAIRS, STATISTICAL BOOK (2001).
21 Act LXXXIV of 1998 on the Support for Families.
22 Act LXXXVII of 2000 on the Amendment of Act LXXIX on the Protection of
Fetal Life of 1992, adopted on June 22, 2000, art. 9 reprinted in INTERNATIONAL
HELSINKI FEDERATION FOR HUMAN RIGHTS (IHF), WOMEN 2000: AN INVESTIGATION INTO
THE STATUS OF WOMEN'S RIGHTS IN CENTRAL AND SOUTH-EASTERN EUROPE AND THE NEWLY
INDEPENDENT STATES 199-200 (2000) [hereinafter Act LXXXVII of 2000].
23 ED BERGS ET AL., BOOKLET BY "CRY FOR LIFE" GROUP (2001). The booklet
was commissioned by Hungarian Association of Christian Doctors and funded by the
Ministry of Social and Family Affairs. The Israeli Pro-Life group had
provided the resource materials for the booklet. The following
organizations also helped with the booklet: Alfa League, Association for the
Protection of the Fetus, Pro-Life Foundation, WOMB-Hungarian Lifesaver Homepage
(English trans.), and Golyahir Association.
24 Act LXXXVII of 2000, supra note 22, art.16.
25 Id.
26 Ministry Order 32/1992 (XII.23) NM Order, Section 13, Ministry of
Health.
27 HRC Report, supra note 10, para. 167.
28 See, e.g., HRC Concluding Observations: Argentina, supra note 11, para.
15; Concluding Observations of the Human Rights Committee: Armenia, 64th Sess.,
1721st & 1725th mtgs., para. 16, U.N. Doc. CCPR/C/79/Add.100 (1998)
[hereinafter HRC Concluding Observations: Armenia]; HRC Concluding Observations:
Costa Rica, supra note 11, para. 12; Concluding Observations of the Human Rights
Committee: Guatemala, 56th Sess., 1499th mtg., para. 33, U.N. Doc.
CCPR/C/79/Add.63 (1996) [hereinafter HRC Concluding Observations:
Guatemala]; Concluding Observations of the Human Rights Committee: Guyana, 68th
Sess., 1836th mtg., para. 14, U.N. Doc. CCPR/C/79/Add.121 (2000); Concluding
Observations of the Human Rights Committee: India, 60th Sess., 1612th mtgs.,
para. 16, U.N. Doc. CCPR/C/79/Add.81 (1997); HRC Concluding Observations:
Ireland, supra note 11, para. 29(f); Concluding Observations of the Human Rights
Committee: Jamaica, 61st Sess., 1641st mtg., para. 12, U.N. Doc.
CCPR/C/79/Add.83 (1997) [hereinafter HRC Concluding Observations: Jamaica];
Concluding Observations of the Human Rights Committee: Japan, 64th Sess.,
1726-1727th mtgs., para. 30, U.N. Doc. CCPR/C/79/Add.102 (1998) [hereinafter HRC
Concluding Observations: Japan]; Concluding Observations of the Human Rights
Committee: Kyrgystan, 69th Sess., 1754-1755th mtgs., para. 14, U.N. Doc.
CCPR/CO/69/KGZ (2000) [hereinafter HRC Concluding Observations: Kyrgystan];
Concluding Observations of the Human Rights Committee: Libyan Arab Jamahiriya,
64th Sess., 1720th mtg., para. 17, U.N. Doc. CCPR/C/79/Add.101 (1998)
[hereinafter HRC Concluding Observations: Libyan Arab Jamahiriya]; Concluding
Observations of the Human Rights Committee: Lithuania, 61st Sess., 1643rd mtg.,
para. 11, U.N. Doc. CCPR/C/79/Add.87 (2000); Concluding Observations of the
Human Rights Committee: Mongolia, 68th Sess., 1835th mtg., para. 8, U.N. Doc.
CCPR/C/79/Add.120 (2000); Concluding Observations of the Human Rights Committee:
Mexico, 50th Sess., 1315th mtg., para. 17, U.N. Doc. CCPR/C/79/Add.32 (1994);
Concluding Observations of the Human Rights Committee: Russian Federation, 63rd
Sess., 1696th mtg., para. 14, U.N. Doc. CCPR/C/79/Add.54 (1998) [hereinafter HRC
Concluding Observations: Russian Federation]; HRC Concluding Observations:
Senegal, supra note 11, para. 13; Concluding Observations of the Human Rights
Committee: The Former Yugoslav Republic of Macedonia, 63rd Sess., 1696th mtg.,
para. 14, U.N. Doc. CCPR/C/79/Add.96 (1998) [hereinafter HRC Concluding
Observations: Former Yugoslav Republic of Macedonia]; Concluding Observations of
the Human Rights Committee: United Republic of Tanzania, 63rd Sess., 1679th
mtg., para. 11, U.N. Doc. CCPR/C/79/Add.87 (1998); Concluding Observations of
the Human Rights Committee: Yemen, 53rd Sess., 1403rd-1404th mtgs., para. 255,
U.N. Doc. CCPR/C/79/Add.51, A/50/40 (1995) [hereinafter HRC Concluding
Observations: Yemen]; and Concluding Observations of the Human Rights Committee:
Zimbabwe, 62nd Sess., 1664th mtg., para.14, U.N. Doc. CCPR/C/79/Add.89
(1998).
29 See, e.g., HRC Concluding Observations: Armenia, supra note 33, para. 16;
HRC Concluding Observations: Costa Rica, supra note 11, para. 12; HRC Concluding
Observations: Guatemala, supra note 33, para. 33; HRC Concluding Observations:
Ireland, supra note 11, para. 29(f); HRC Concluding Observations: Jamaica, supra
note 33, para. 12; HRC Concluding Observations: Japan, supra note 33, para. 30;
HRC Concluding Observations: Kyrgystan, supra note 33, para. 14; HRC Concluding
Observations: Libyan Arab Jamahiriya, supra note 33, para. 17; HRC Concluding
Observations: Russian Federation, supra note 33, para. 14; HRC Concluding
Observations: Senegal, supra note 11, para. 13; HRC Concluding
Observations: Former Yugoslav Republic of Macedonia, supra note 33, para. 14;
and HRC Concluding Observations: Yemen, supra note, para. 255.
30 HRC Concluding Observations: Chile, supra note 9, para. 249.
31 Response letter from Minister of Justice, Ms. Ibolya David, to May 23,
2000 request by NGOs to establish domestic violence legislation (June 9, 2000)
(on file with NANE).
32 Between 52-150 women are murdered each year directly from domestic
violence. There is no estimate as to the number of women who die from the
indirect results of such abuse (e.g. internal bleeding or suicide) Among a
population of ten million people, approximately one million women are beaten
yearly by their spouses. (Sources: Tóth Olga. Domestic Violence: Research.
Budapest:TÁRKI. 1999; Morvai Krisztina. Terror a családban (Terror in the
Family). Budapest: Kossuth. 1998.
33 Büntető Törvénykönyv (Penal Code), art. 203 [hereinafter BTK].
34 The research was performed in 2000 by NANE and covers all available data
from the period 1990 to 1999. During that same time, an average of
one woman per year was also convicted for incest. Ministry of Justice and the
Prosecutor's Office, Research of the Joint Statistical Data (on file with
NANE).
35 BTK, art. 197
36 Dr. Endre Barta: A nemi erkölcs elleni bűncselekmények nyomozása
(Investigating crimes against sexual morals). Budapest: Rejtel Kiadó. 2000. pp.
8, 10-27. 5
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