|
Concluding observations : Hungary. 19/04/2002.
CCPR/CO/74/HUN. (Concluding
Observations/Comments)
Convention Abbreviation: CCPR
HUMAN RIGHTS COMMITTEE
Seventy-fourth
session
Consideration of reports submitted by States parties under article 40 of the
Covenant
Concluding observations of the Human Rights Committee
Hungary
1. The Committee considered the fourth periodic report of Hungary
(CCPR/C/HUN/2000/4) at its 1993rd and 1994th meetings, held on 22 March 2002
(CCPR/C/2002/SR.1993 and 1994), and adopted the comments set out below at its
2005th meeting (seventy-fourth session), held on 2 April 2002
(CCPR/C/2002/SR.2005).
A. Introduction
2. The Committee welcomes the State party's fourth
periodic report and the constructive discussion it had with the State party
delegation. It appreciates the additional details and statistical data provided
by the delegation as a supplement to the information contained in the report. It
observes that it would have been helpful if this information had been included
in the report itself, so as to permit a more considered examination by the
Committee.
B. Positive aspects
3. The Committee commends the State party for the
substantial progress it has made in strengthening democratic institutions within
its jurisdiction. It welcomes the legislative measures and other steps towards
establishing and consolidating a human rights regime which have been taken since
the submission of its last report. It particularly notes the establishment of a
framework for minority protection and minority electoral representation.
4. The Committee welcomes the contribution of the Constitutional Court in
resolving conflicts between national legislation and obligations under the
Covenant.
5. The Committee takes note of assurances given by the State party that
measures to combat terrorism will respect Covenant guarantees.
C. Principal subjects of concern and recommendations
6. While the Covenant
is incorporated into the domestic legal order and is directly applicable before
the Hungarian courts, not all Covenant rights are ensured in practice. The
Committee is also concerned that, notwithstanding article 26 of the Covenant,
there is no comprehensive legislative provision against discrimination. The
State party is requested to take steps to enact comprehensive
anti-discrimination legislation (art. 26).
7. The Committee is deeply concerned at the situation of the Roma people who,
despite various steps taken by the State party, remain disadvantaged in almost
all aspects of life covered by the Covenant. The Committee particularly regrets
ongoing discrimination against Roma with regard to employment, housing,
education, social security and participation in public life. The excessively
high number of Roma in prisons, reports of their ill-treatment in police custody
and the continuing existence of separate
schools are also ongoing sources of
concern to the Committee. The State party should strengthen measures for
improving the situation of the Roma people. In addition to further legislative
steps, the training of officials, in particular the police, is strongly
recommended, as is a vigorous campaign to alter public attitudes vis-a-vis the
Roma people. The State party should also discontinue the placement of Roma
children in
special schools or special classes and give priority to measures
that will enable them to benefit from regular schools and classes (arts. 26 and
27).
8. The Committee regrets that, under the new Criminal Procedure Act,
short-term arrest of up to 12 hours remains possible. It expresses its concern
both at the length of the initial pre-trial detention phase (up to 72 hours) and
the difficulties experienced by detainees in contacting their families and
obtaining access to a lawyer, especially if the detained person cannot afford to
engage private counsel. Further, the Committee is deeply concerned at ongoing
pre-trial detention on police premises and the high risk of ill-treatment which
it entails. It also greatly regrets that pre-trial detention of up to three
years is provided for under the Act. The State party should reconsider removing
these provisions from the new Criminal Procedure Act, especially those
permitting detention in police stations for more than 48 hours. The State party
should ensure that its law and practice are compatible with article 9 of the
Covenant. It should also bring to the attention of judges the particular risk of
ill-treatment in police premises, and take appropriate measures to ensure
detainees' rights to contact their families and obtain legal assistance (arts.
7, 9 and 14).
9. The Committee is concerned at the low participation of women
in political life and at their segregation in the labour market, as well as
their low representation in senior levels of government and in the private
sector. The State party should implement positive measures in order to give
effect to its Covenant obligations to ensure the equal participation of women in
both the public and private sectors (art. 3).
10. The Committee regrets continuing reports of violence against women,
including rape and sexual harassment. The State party should take more vigorous
measures to encourage the development of a culture of human rights and to ban
violence against women; in this context, training and education in human rights
are essential at all levels and in all sectors of society. In particular, the
State party should take measures to encourage women to report domestic violence
to the authorities, and to make police officers more sensitive in their handling
of allegations of rape and its psychological effects on the victim. It should
also consider enacting further legislation to deal with domestic violence,
including the introduction of restraining orders as a means of separating women
from violent male family members; and it should provide shelters and other
support for victims of domestic violence (arts. 3, 7 and 9).
11. The Committee is concerned at the high maternal mortality rate in Hungary
and the fact that the State party does not provide sufficient support for family
planning through effective means of contraception. The State party should take
steps to protect women's life and health, through more effective family planning
and contraception (art. 6).
12. The Committee is concerned at the high number of reports of ill-treatment
by law enforcement agencies, the limited number of investigations carried out by
the State party in such cases, and the very limited number of convictions in
those cases which are investigated. The State party should take measures to
educate law enforcement officials
and judges with a view to preventing such
treatment and, when it occurs, should ensure careful investigation and
prosecution where necessary. It should also establish an independent system of
investigation of complaints of abuses by law enforcement officials (art. 7).
13. The Committee is concerned that, notwithstanding the construction of new
prison facilities, there is continuing overcrowding in prisons. The State party
should take steps to reduce the grounds for detention provided for by law, to
promote alternatives to detention, and to construct additional prison facilities
as needed (art. 10).
14. The Committee notes with concern discriminatory practices with respect to
the registration of certain religious groups in Hungary and the limited
protection accorded to the religious rights of asylum-seekers and prisoners. It
further notes that the restitution of Church property has not been completed in
a timely manner. Finally, it observes that educational programmes concerning
religious tolerance and non-discrimination on the
basis of religion or
conviction are inadequate. The State party should ensure that religious
organizations are treated in a manner that is compatible with the Covenant; it
should reinforce the protection of religious rights of asylum-seekers and
prisoners; it should
complete the process of restitution of Church property
without discrimination; and it should undertake educational programmes designed
to promote tolerance and the elimination of discrimination on the grounds of
religion and conviction (arts. 18 and 26).
15. The Committee regrets the lack of information from the State party on
measures undertaken to ensure the implementation in practice of its obligations
under article 19 of the Covenant. The State party should provide adequate
information on this issue in its
next periodic report.
16. The State party should widely publicize the text of its fourth periodic
report and these concluding observations.
17. Pursuant to rule 70, paragraph 5, of the Committee's rules of procedure,
the State party should furnish within one year information on any action it has
taken in the light of the Committee's observations and recommendations on the
situation of the Roma people (para. 7) and pre-trial detention in police
premises (para. 8). The Committee requests that
information on the remainder
of its recommendations be included in the fifth periodic report, due to be
submitted by 1 April 2007.
|
