Hungary - Article 26

(updated 08/01/2018)

Law and Policy

  1. Is there a legal right to habilitation and rehabilitation services in your country? Please describe relevant laws

    Legislation is based on the “Fundamental Law of Hungary (25 April 2001). Article XIX reads as follows: “Hungary shall strive to provide social security to all of its citizens. Every Hungarian citizen shall be entitled to assistance in the case of maternity, illness, disability, handicap, widowhood, orphanage and unemployment for reasons outside of his or her control, as provided for by an Act.” For the implementation of the Fundamental Law regulations and Laws have been established by the Parliament for each special area. Those regulations and laws include the basic rules pertaining to each area. For the implementation of the laws and regulations governmental decrees have been issued, however special rules in details are included in ministerial decrees. All those rules and decrees outlined above ensure the legal frames as a whole. For the implementation of the legislation and regulations guides are issued by authorities in charge of each special field with nationwide competence to provide practical help for meeting and carrying out the actual tasks. On basis of those guidance the institutions working on a field elaborate professional programmes incl. the tasks of the institute in question, purposes of its activities, as well as the working process. There are no separate regulations and rules on the habilitation and rehabilitations of blind and partially sighted people in Hungary, it is the Methodological guides containing different orders and rules for both groups.

    and give links to further information for:

    • a. Health

      Act CLIV of 1997 on Health, Section 100 – Rehabilitation:
      (1) Rehabilitation is organized assistance provided by society to persons with disabilities resulting from transitional or permanent damage to their health, or physical or intellectual abilities, to promote their reintegration into the community by making use of their restored or remaining abilities.
      (2) Rehabilitation involves the application of healthcare, psychological, educational, occupational, and welfare measures in a planned, combined and coordinated manner tailor-made to the individual, and with the active participation of the involved person.
      (3) Habilitation is a rehabilitation-type activity focused on a child or possibly an adult whose development has been arrested by a congenital or developmental disorder, illness or accident, and who is therefore hindered in participating in community life.
      (4) The objective of medical rehabilitation is to develop the existing abilities, or find substitutes for the abilities, of persons whose health has been damaged or who have disabilities, through the tools of health science, to assist in the fullest possible restoration of their independence, so that they become able to adjust to family, workplace and other communities.
      (5) Integral parts of medical rehabilitation are, in particular, physical therapy, sports therapy, speech therapy, psychological care, occupational therapy, and the provision of therapeutic appliances and teaching patients how to use them.
      (6) Therapeutic appliances shall serve patients to retain their fundamental life functions, and establish substitutes for functions that have been lost, and shall thus improve patient autonomy, quality of life, and ability to work.

    • b. Education

      Act CCIV of 2011 On National Higher Education:
      In Higher Education, the goal – in case of blind and partially sighted students - is to ensure equal opportunities as others. Educational institutions shall ensure those material requirements of education enabling blind a partially sighted students to learn the curriculum on a tailor-made way, i.e. textbooks in digital format for blind students, and in large print format for partially sighted. In addition to the above, longer time is given to get ready for an exam compared to a student with no disability. They may be granted exemption of t asks and/or exam obligations due to a sensorial disorder. The Educational institutions are reimbursed the extra educational costs of visually impaired students by the state.
      Act CXC of 2011 on National Public Education
      In the frame of primary and secondary education it shall be a public duty to provide blind and partially sighted pupil accessible textbooks enabling them to learn the curriculum. Educational institutions are granted more subsidies for teaching a disabled pupil than for those with no disability. Visually impaired children are entitled for integrated kindergarten and primary education, however there is one special kindergarten for the blind and several for partially sighted children. There are a few primary schools especially for the blind, or for partially sighted pupils. These institutions work also as a dormitory.
      Act CLXXXVII/2011 on Vocation Training
      Also in the field of vocation training the goal is to ensure equal opportunities by governmental support of establishing material and personal conditions. Visually impaired are entitled for time benefit (for preparing for an exam) and/or exemption of certain curriculum.

    • c. Employment

      Act IV of 1991 on Job Assistance and Unemployment Benefits
      The Act deals primarily with the employment of unemployed people, and also with their training. Special benefits are offered for the employment and training of disadvantaged job seekers. Disabled persons (like blind and partially sighted) belong also to that group.
      Act CXCI of 2011 on Allowances for Persons with Disabilities and the Amendment of Certain Legislation
      The Act include the rules of “financial assistance“ for people whose work capacity has changed; their employment; and their training. This law contains the most important rules for the support employment and training, which act as a base of the system of supports for people with reduced working abilities (incl. VI people). Those institutions and private sector companies employing disadvantaged job seekers on the labour market are entitled for different kinds of subsidies, like tax relief and/or subsidies for wages and other wage-related expenses, support for protective or assistive tools, support for waging personal assistance.

    • d. Social Services

      Act III of 1993 on Social Governance and Social Benefits
      As to financial and in kind assistance and benefits, as well as social and special care services, people with disabilities enjoy priority. There are special rules for Disabled Care Homes providing both accommodation and care; Rehabilitation institutions offering both habilitation and rehabilitation. Habilitation and rehabilitation of adults is provided by rehabilitation institutions, while for children by the Primary School for the Blind, resp. by the Primary School for Partially Sighted.

  2. Is there a legal right to assistive technology, aids and equipment? (i) Blind persons (ii) Partially sighted persons

    Act LXXXIII of 1997 on the benefits of compulsory health insurance
    Act LXXXIII of 1997 on the benefits of compulsory health insurance, as well as the Fundamental Law of Hungary of 2001 deal with the issue of compensation for health damage. They do not express the right for an assistive tool or device, but an aim is set out, namely to reach to a situation where an existing damage in health shall be reduced to the best possible extent by assistive tools. Act LXXXIII of 1997 sets the definition of a medical assistive tool and the obligation of providing such tools. Accordingly it is not the individual in question who is entitled for an assistive tool, but the different institutions in charge are obliged to ensure a necessary assistive tool. Some of those tools are provided Free of Charge, while others must be paid a preferential (supported) price for.

  3. Do laws on rehabilitation recognise and support participation in all aspects of community life?

    Decision 15/2015 (of 07.04.) OGY of the National Assembly on the National Disability Program (2015-2025) reads as below:
    Art. I. Principles 2. Absolute and efficient social participation: Ensuring that people with disabilities can in each stage and each area of their life exercise their political, economic and social rights on the same grounds as the others, through the institutions, services and benefits employed by the majority, as active and visible citizens of their community should be the fundamental value and aim of each administrative action affecting disabled people.

  4. Are there policies on habilitation and rehabilitation services for people who are blind or partially sighted?
    • a. For children who are (i) Blind persons (ii) Partially sighted persons
    • b. For adults of working age who are (i) Blind persons (ii) Partially sighted persons
    • c. For older people who are (i) Blind persons (ii) Partially sighted persons

      Rules and policies are elaborated on the basis of the National Disability Program (2015-2025), while a professional guideline is worked out by each institution. The institutions make their way of carrying out tasks on their own, depending on the fact whether their clients are blind or partially sighted, children or adults.

  5. Do policies recognise the importance of a personalised multidisciplinary assessment of each individual´s needs and circumstances? Please describe the policies and give web links to more information, for people who are: a. Blind persons b. Partially sighted persons

    Relevant provisions are included in laws and in other documents. The Basis is National Disability Program (2015-2025):
    Reasonable adaptation The principle of reasonable adaptation should in every case be observed in preparing any decisions with an affect on disabled persons, in planning, adopting and implementing legal regulations, policies and programs. This means all the inevitable and adequate modifications and changes that are adapted to the individual's needs, do not cause disproportionate and unreasonable burden and that need to ensure, in specific cases, the equal enjoyment, due to all, and exercise of disabled people's fundamental human rights and freedoms.

  6. Are there policies on developing peer support for habilitation and rehabilitation?
    • a. For children (please also include policies on family support) who are (i) Blind (ii) Partially sighted
    • b. For people of working age who are (i) Blind persons (ii) Partially sighted persons
    • c. For older people who are (i) Blind persons (ii) Partially sighted persons

      No

  7. Are there resources for peer support services?

    No

  8. Do blind and visually impaired people and their organisations fully participate as equal partners in the development of policies and standards for habilitation and rehabilitation services?

    When it comes to setting up or changing rules or policies DPOs are occasionally involved, however there are no obligatory laws in this respect.
    Housing, access to basic social services
    A long-term strategy has been set up to redeem residential institutions that care for a big number of persons and therefore, after having invested significant funds, major steps have been taken to disseminate the supported housing scheme. Moreover, another major proportion of disabled persons receiving residential care anticipates to be accommodated in a residential home or other community shelter, so, besides continuously using experience, the continuation of the commenced task is a priority objective. Additionally, helping disabled people who live in a family with community-based services, basic social services and high quality housing services (so that they could live their lives in their residence, without necessary moving) are all important political tasks. The support services facilitate an especially important relation among the disabled persons' residence, job, school, institutions and public services, so the continuous development of (equal, both regarding the regional scope and those cared for) access to services ranks among the key tasks. Rehabilitation
    A specific characteristic of complex rehabilitation, deriving from its diversity, is that, regarding state administration and the benefit system, the individual service components frequently belong to the competence of an organization that is supervised by various sectors and that follows diverse operational models, still, all this appears as a single coherent process from the client's point of view. Therefore, it is of key importance that the individual regulatory and service areas develop and operate the connection points whereby they can accord their plans and contribute to the intertwining and actual continuity of rehabilitation measures. The development of efficient intersectorial coordination and continuous information supply to the affected groups is of vital significance therein. In the 2014 Hungarian application period for wage and cost support, 325 organizations won support to employ 30,524 persons, and in this group employers get permanent and transit employment support after 25,182 and 5,342 persons, respectively. Using the Rehabilitation Card, 29,463 persons were employed in 8211 companies in July 2014. The employment figures reflect an increase in the number of employees and employers each month. An important change was seen inasmuch as the size of rehabilitation contribution rose by an order of magnitude versus the previous amounts as of 1 January 2010; consequently, the employment of partially incapacitated workers increased by nearly 25%. Additionally, the relevant organizations paid HUF 65 bln in the central budget under this title, which suggests further significant exploitable capacities. Prohibition of discrimination, reasoned prioritization
    The statutory prohibition of discrimination should be taken into account with special emphasis in the course of preparing decisions related to disabled persons, in planning, adopting and implementing the legal regulations, policies and programs; moreover, considering that disabled persons can in certain cases exercise the rights that they are entitled to on the same grounds as others to a lesser extent, due to their condition, the option of proportionate and fair prioritization should be granted to them in reasonable cases.

Access to Habilitation and Rehabilitation

Support Services

  1. Are there dedicated services for both partially sighted and blind people that meet their distinct needs? Are these habilitation and rehabilitation services focussed on supporting independent living in the community living:

    There are support services available, however those are not specially dedicated to VI people. Those Support Service providers deal with people with any kind of disabilities.

  2. What is the full range of services in your country

    Elementary rehabilitation services incl. vision training, orientation and mobility, everyday activities, ITC.

  3. How is eligibility determined to access habilitation and rehabilitation services

    On basis of State Certificate proving eligibility for Disability Allowance.

  4. Who provides habilitation and rehabilitation services (for example, dedicated blindness and low vision rehabilitation and support centres, hospitals (private and public), NGOs)?

    Disability Centres, Rehabilitation Centres, and Support Service Providers run by the state, the Church or NGOs. Funds are provided either wholly or partly by the state. The Church, Foundations and NGOs may apply for state subsidy or donations either by companies or individuals.

  5. Are services available locally in all parts of the country?

    Services are available mainly in the capital or in bigger cities, however there is a project running at present to make these kinds of services available even in smaller villages

  6. How are services funded (for example, free, paid for by the user, means tested)?

    Users have to pay a fee (a certain part of the actual costs). The fees to be paid are not means tested.

  7. If services are not free have any problems of affordability been reported?

    The fees of the services are often too high, those persons in need for these services can hardly afford it.

  8. Are services available for all age groups: children, adults and older people?

    Services are not available for all age groups, there are especially few services for elderly people.

Access to Equipment and Technologies

  1. The CRPD states that governments should make sure disabled people know about aids, technology and assistive devices and how to use them. How is this done in your country?

    It is the disabled people representative organisations (e.g. Hungarian Federation of the Blind and Partially Sighted (MVGYOSZ) who inform disabled people about assistive technology devices and the way of using them by newsletter, via WEB, by their magazines and/or distributors at special Exhibitions.

  2. What training is provided in the use of equipment and technology?

    Training courses either in groups or for individuals.

  3. How is eligibility for equipment, technology and training determined?

    On basis of a Certificate or Expertise advisement by a doctor

  4. How are aids, equipment and technology funded (for example, free, paid for by the user, means tested)?

    Most of them are paid for by the user, sometimes there are special applications dedicated to subsidy the purchase of assistive tools. There is a National Health Insurance budget set aside to cover the purchases of assistive tools for all kinds of disabilities, incl. certain types of domestic made white canes, electric magnifiers and monoculars for partially sighted, and glucose metres + the corresponding test stripes.

  5. If services are not free have any problems of affordability been reported?

    There are serious problems of affordability of assistive tools and technologies.

  6. Are there any limitations on the choice of equipment? What are these?

    Financial possibilities/affordability.

Development of the Competence of Professionals

  1. Are there training programmes for rehabilitation professionals? Please describe these (If there is accredited training, the qualifications recognised, where people are trained, to what level etc.)

    There is accredited training of rehabilitation professionals within the Faculty of Special Need Education on university

  2. Please describe how rehabilitation professionals are trained. Does training emphasise meeting needs on an individual basis?

    Yes

  3. Does professional training incorporate human rights perspectives?

    Yes, human rights are included in the curriculum.

  4. Additional comments on professional training

    None

Your Organisation

  1. Does your organisation represent both blind and partially sighted people in your country?

    MVGYOSZ represents the interests of blind and partially sighted people.

  2. What are the conditions for someone with visual impairment to become a member of your organisation or use its services? Please be as specific as possible both for blind and partially sighted people.

    To be entitled for taking the services of MVGYOSZ either Free of Charge or against a nominal fee, he or she must have valid membership either in MVGYOSZ or in any of its member unions. Natural individuals or legal persons may become members of MVGYOSZ. A natural person (individual) is:
    - every blind and partially sighted Hungarian citizen living in Hungary, and having reached an age of 14 years,
    - an immigrant having a residence permit, as well as
    - a person recognized by the Hungarian authorities as a refugee, whose sight loss according to the Maschke table reaches or exceeds 67% but is still less than 95% is recognized as partially sighted, whose residual vision even with lenses in both eyes is 5/70, or in one eye 5/50, while having mere perception of the movement of hand from a distance of 3 meters, in one eye 5/40, while either having in the other eye no mere perception of light or missing the other eye; or sight loss reaches 95%, or whose field of vision is not greater than twenty degrees at the widest diameter considered as blind, while being no member of any of the member associations.

  3. Is this strictly applied, or is there more flexibility in practice?

    The conditions must be strictly met.

  4. Is there another organisation that a person with visual impairment can turn to if they cannot affiliate to your organisation or if you cannot meet their needs? Please give as many details as possible.

    People in need may turn to State Institute of the Blind (VÁI), or Rehabilitation Centres all across the country.

  5. How is your organisation involved in the implementation of the right to habilitation and rehabilitation support services and programmes for both blind people and people with partial sight? Please give as much detail as possible, especially regarding:
    • a. policies and standards

      consultation

    • b. monitoring of implementation

      consultation

    • c. actions to ensure that dedicated services are in place that meet the distinct needs of blind and partially sighted people.

      consultation

    • d. actual provision of services to blind and partially sighted people and the rights that people with visual impairment have to services.

      consultation

  6. Is there an officer or expert appointed in your organisation to work on partial sight matters? Please describe.

    Blind and partial sight matters are not dealt separately within MVGYOSZ.

  7. What actions is your organisation taking to implement the right to rehabilitation services with dedicated, distinct services for blind people and people who have low vision, and to ensure that these services are/will be available in practice? Please give details (examples: lobbying, cooperation with rehabilitation centres, setting up support services, cooperation with universities to develop specific training for rehabilitation experts etc.)

    N/A

  8. How does your organisation inform people with visual impairments and the general public about living with blindness and partial sight? (Examples: a website, a national helpline, information stands in hospitals, campaigns, etc.)

    Via MVGYOSZ’ own website, Facebook, Newsletters, special letters/campaigns to potential donators, replies either in writing or speaking to enquiries/questions. Organising assistive tools exhibitions.

  9. How does your organisation inform others about the available habilitation and rehabilitation and support services for blind and partially sighted people?

    N/A

  10. In what way is your organisation working with specialised ophthalmologists, optometrists, rehabilitation centres, and teachers, residential homes for older people etc. to prevent, inform and support people with visual impairment?

    N/A

  11. Is your organisation involved in the Vision 2020 initiative in your country?

    NO

  12. Are you familiar with the EBU standards for low vision services in Europe toolkit for implementing the right of partially sighted people to the services they need? How helpful is this resource document?

    N/A

  13. What, if any, type of support would you like to have to implement UNCRPD article 26 for blind and partially sighted people? Be as specific as possible.

    N/A

  14. If you compare the current situation with five years ago, regarding the implementation of the right to rehabilitation services for blind people and for people with partial sight, would you say that in your country:
    • a. nothing has changed (explain )
    • b. The situation has worsened (explain why and how)
    • c. The situation has improved (explain why and how)

      c. A new modern Rehabilitation Centre offering in-house services has been opened by the state.

  15. Is further action needed in your country? If yes, please explain what needs to be done.

    N/A

  16. Please send any articles, material, training, standards, protocols, or links that you feel could perhaps serve your colleagues in other EBU countries aiming at high standards services for everyone with sight loss.

    N/A