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National Constitutional provisions – Hungary

 

The constitution is the fundamental law of the country, reflecting the underlying and unifying values of society. It spells out the basic rights of each person; it serves as a framework for all other laws and policies, and cannot be easily changed. However, it can be changed and updated through a democratic process, and it is important to keep it alive, by popularising and using it, and by campaigning for its reform or amendment if necessary. Below we have picked out what we see as some of the most relevant articles, but please be encouraged to seek and read your constitution in its entirety.

The state is the central actor in any claim to the right to education: it is the prime duty-bearer and the prime implementer; it is the guarantor; and it is the state´s signature vis-à-vis the international norms and standards which binds it to respect, protect and fulfil the right to education. The state must therefore be judged or challenged on its central text on the right to education, whether this be the constitution, the laws or the policies.

The Constitution of Austria 20 August 1949

EDUCATION

Art.16

The Republic of Hungary pays special attention to the secure existence, education and training of young people and protects the interests of youth.

Art.67

(2) Parents are entitled to the right of choosing the kind of education their children are to receive.

Art.68

(2) The Republic of Hungary grants protection to national and ethnic minorities. It (…) enables them to foster their own culture, to use their mother tongue, to receive school instruction in their mother tongue, (…).

Art.70F

(1) The Republic of Hungary ensures for its citizens the right to culture.

(2) The Republic of Hungary ensures this right through the expansion of culture and making arrangements for general access to it, through free and compulsory eighth-grade education, through the general accessibility of secondary and third-level instruction, moreover through financial assistance for those in school.

Art.70G

(1) The Republic of Hungary respects and supports the freedom of science and art, the freedom of learning and of teaching.

 EQUALITY

Article 57

(1) In the Republic of Hungary everyone is equal before the law and has the right to have the accusations brought against him, as well as his rights and duties in legal proceedings, judged in a just, public trial by an independent and impartial court established by law.

Article 70/A

(1) The Republic of Hungary shall respect the human rights and civil rights of all persons in the country without discrimination on the basis of race, color, gender, language, religion, political or other opinion, national or social origins, financial situation, birth or on any other grounds whatsoever.

(2) The law shall provide for strict punishment of discrimination on the basis of Paragraph (1).

(3) The Republic of Hungary shall endeavor to implement equal rights for everyone through measures that create fair opportunities for all.

MINORITIES

Article 68

(1) The national and ethnic minorities living in the Republic of Hungary participate in the sovereign power of the people: they represent a constituent part of the State.

(2) The Republic of Hungary shall provide for the protection of national and ethnic minorities and ensure their collective participation in public affairs, the fostering of their cultures, the use of their native languages, education in their native languages and the use of names in their native languages.

(3) The laws of the Republic of Hungary shall ensure representation for the national and ethnic minorities living within the country.

(4) National and ethnic minorities shall have the right to form local and national bodies for self-government.

(5) A majority of two-thirds of the votes of the Members of Parliament present is required to pass the law on the rights of national and ethnic minorities.

CITIZENSHIP

Article 69

(1) In the Republic of Hungary no one shall be denied of his Hungarian citizenship against his will and no Hungarian citizen may be expelled from the territory of the Republic of Hungary.

(2) Hungarian citizens may always return to Hungary from abroad.

(3) All Hungarian citizens are entitled to enjoy the protection of the Republic of Hungary while legally residing or staying abroad.

(4) A majority of two-thirds of the votes of the Members of Parliament present is required to pass the law on citizenship.

GENDER

Article 66

(1) The Republic of Hungary shall ensure the equality of men and women in all civil, political, economic, social and cultural rights.

(2) In the Republic of Hungary mothers shall receive support and protection before and after the birth of the child, in accordance with separate regulations.

(3) Separate regulations shall ensure the protection of women and youth in the workplace.

CHILD

Article 67

(1) In the Republic of Hungary all children have the right to receive the protection and care of their family, and of the State and society, which is necessary for their satisfactory physical, mental and moral development.

(2) Parents have the right to choose the form of education given to their children.

(3) Separate regulations shall establish the responsibilities of the State with regard to the situation and protection of the family and youth.

Article 16

The Republic of Hungary shall make special efforts to ensure a secure standard of living, instruction and education for the young, and shall protect the interests of the young.

DISABILITIES

Article 70/E

(1) Citizens of the Republic of Hungary have the right to social security; they are entitled to the support required to live in old age, and in the case of sickness, disability, being widowed or orphaned and in the case of unemployment through no fault of their own.

(2) The Republic of Hungary shall implement the right to social support through the social security system and the system of social institutions.

RELIGION

Article 60

(1) In the Republic of Hungary everyone has the right to freedom of thought, freedom of conscience and freedom of religion.

(2) This right shall include the free choice or acceptance of a religion or belief, and the freedom to publicly or privately express or decline to express, exercise and teach such religions and beliefs by way of religious actions, rites or in any other way, either individually or in a group.

(3) The church and the State shall operate in separation in the Republic of Hungary.

(4) A majority of two-thirds of the votes of the Members of Parliament present is required to pass the law on the freedom of belief and religion.

PARENTS

Article 15

The Republic of Hungary shall protect the institutions of marriage and the family

HUMAN RIGHTS MECHANISMS

Article 8

(1) The Republic of Hungary recognizes inviolable and inalienable fundamental human rights. The respect and protection of these rights is a primary obligation of the State.

(2) In the Republic of Hungary regulations pertaining to fundamental rights and duties are determined by law; such law, however, may not restrict the basic meaning and contents of fundamental rights.

(3)

(4) During a state of national crisis, state of emergency or state of danger, the exercise of fundamental rights may be suspended or restricted, with the exception of the fundamental rights specified in Articles 54. -56., Paragraphs (2)-(4) of Article 57., Article 60., Articles 66. -69. and Article 70/E

Article 70/K

Claims arising from infringement on fundamental rights, and objections to the decisions of public authorities regarding the fulfillment of duties may be brought before a court of law.