Hungary (Oct 2019) - Article 33

1 - WILLINGNESS TO APPLY THE CRPD.
Do you feel that the political and administrative authorities of your country are strongly committed to/involved in fully implementing the CRPD?

Hungary ratified the Convention in 2007. Prior to that, Act. XXVI on Equal Opportunities and The Rights of People with Disabilities was adopted in 1988. The National Disability Council (NDC) was established by the same Act.

Since June 2013 full implementation of the CRPD as well as participation in that process is carried our as below:

To promote the situation of people with disabilities and the fulfilment of the tasks related to disability affairs, as well as to strengthen the cooperation with disability organisations the government has re-regulated the composition and the operational rules of NDC. The tasks of NDC include assessing the report on the implementation of the Convention, and making recommendations for its content.

The president of NDC is the Minister of State for Social and Family Affairs. A Co-president is elected by and from among the 14 disability organisation members.

The secretary of NDC is appointed by the Ministry of State for Social and Family Affairs, participating in the meetings of NDC with the right of consultation. The secretarial functions related to NDC are carried out by the same ministry.

2 - FOCAL POINTS.
Have the focal points (i.e. points of contact) provided for in article 33-1 of the CRPD been designated in your country?

In Hungary no decision has been made on the designation of the focal points yet, but see updates below. According to the National Disability Council and its Secretary, as well as on base of the Set of Rules of the Ministry of Human Resources the Department Disability Affairs at the State Secretariat for Social and Family Affairs can be considered as a focal point.

3 - ROLE.

What is, or will be, their role?

Responsibilities of the National Disability Council and its Secretary include:

  1. If necessary to give - (via its President - the National Disability Council or in urgent cases by its members) their expert opinion on draft legislation affecting persons with disabilities.
  2. To the same procedure as in case of draft legislations, providing their expert opinion on Drafts of the National Disability Programme and its Action Plan and the Draft Report on the Implementation of CRPD, as well as submitting proposals for their content.
  3. Submitting recommendations for governmental decisions affecting people with disabilities – via its president – to the head of the authority in charge.
  4. NDC has the right to call on for written information on any issue concerning the fulfilment of its tasks. The written information is requested – via the president of NDC – from the head of the body or authority in question.
  5. The Secretary of NDC has the right, if he or she finds it reasonable from the point of view of any topic of the agenda to invite in advance any official with the right of consultation to the meeting of NDC.

The responsibilities of the secretary include:

  • Monitoring the activities of governmental agencies related to disability issues;
  • Monitor and recording legislative drafts affecting persons with disabilities;
  • Calls on the parties preparing legislation drafts affecting people with disabilities to consult with the National Disability Council and to have the draft in question opinionated by NDC;
  • Performing the tasks related to the coordination of working out NDC's Statements on legislative drafts affecting people with disabilities.

4 - COORDINATION OF ACTIONS FOR THE IMPLEMENTATION OF THE CRDP AND FOCAL POINTS.
How are the focal points and the actions for the CRPD's implementation coordinated?

Coordination of measures to ensure the coordination and implementation of the Convention belong to the responsibilities of the National Disability Council and its secretary. NDC holds meetings four times a year.

5 - PROMOTION OF THE CRPD.
How does your country go about promoting the CRPD?

Within the frames of the National Disability Programme adopted by the Parliament the tasks are defined for a period of five years. NDC is involved in the preparation process of that programme and monitors its implementation.

The National Disability Programme includes:

  1. presenting the situation of people with disabilities;
  2. defining the aims related to rehabilitation;
  3. the tasks to be fulfilled to reach positive changes in the approach of the society to disability;
  4. defining the conditions necessary to improve the quality of life of people with disabilities and their families;
  5. plans to promote active social inclusion of people with disabilities;
  6. defining a reasonable degree of accommodation for transport systems (public transport, transport facilities), for built environment, as well as for special education and special employment systems in accordance with the number and needs of people with disabilities recognized by the society;
  7. the means and measures to be taken by the state to ensure the accessibility of public services;
  8. defining the means and institutions necessary to reach the objectives set out.

To reach the implementation of objectives as defined and scheduled by the National Disability Programme the Government elaborates an action plan. The Action Plan include the measures necessary to reach objectives within the period in question, the person in charge, the necessary resources for each measures, as well as the deadline of implementation.

6 - PROTECTION OF THE RIGHTS INCLUDED IN THE CRPD.
Which national authority is responsible for ensuring the effective implementation of the rights included in the CRPD?

As a principle, the Ministry of Human Resources – via the minister in charge of promoting social equality – is responsible for the implementation of the CRPD. On basis of the set of rules of the ministry that task is covered by the Department of Disability Affairs. There are departments in several ministries dealing also with disability issues, and also the General Departments of several ministries employ a disability expert. It is especially worth mentioning a Deputy Secretary of State at the Ministry of Human Resources who deals with the sports for people with disabilities, or the National Office for Rehabilitation and Social Affairs (responsible for the accreditation of employers of disabled people) working as a background institution of the Ministry for National Economy, as well as the General Rehabilitation Department (responsible for the implementation and coordination of various support programs).

The implementation of the CRPD is supported by

  1. the Courts: If anyone suffers from any unlawful disadvantage due to his or her disability, he or she is entitled to all the governing rights valid for the violation individual rights;
  2. the parliamentary commissioner of citizen rights by protecting the rights of the most vulnerable social groups.

7 - MONITORING OF THE IMPLEMENTATION OF THE CRPD.
In your country, which authority is in charge of monitoring the implementation of the CRPD?

The National Disability Council established by the government is responsible for monitoring the implementation of the Convention.
There is a continuous monitoring of the implementation of the CRPD even by the civilian side. A good example for this is the “Civil Caucus”, set up by NGOs especially for this purpose, which also prepared s the the Alternative Report on the Implementation of the CRPD under the Title “Disability Rights Or Disabling Rights?”.
The activities of the Equal Opportunities of Persons with Disabilities non-profit Ltd. (FSZK - http://fszk.hu/english-introduction) can also be regarded as monitoring as they cooperate in the implementation of numerous tasks that derive from the Convention. Upon governmental request, FSZK compiled an indicator list highlighting the implementation of international documentations on disability matters; the purpose was to set up an indicator list to control and assist the implementation of the Convention on the Rights of People with Disabilities, the ten-year action plan of the Council of Europe and the disability action plan of the European Union.

8 - ROLE OF ASSOCIATIONS OF BLIND OR VISUALLY IMPAIRED PERSONS. How are the associations of blind or visually impaired persons involved in the implementation of the CRPD?

The Hungarian Federation of the Blind and the Partially Sighted (MVGYOSZ) is a member of the National Disability Council, playing an active role in its work. During its advocacy activities MVGYOSZ keeps direct and regular contacts to other governmental and social bodies and disability NGOs, promoting the implementation of the CRPD as widely as possible.

9 - ADDITIONAL RESOURCES.
Have any additional resources (human or financial) been been made available for the implementation of the CRPD?

Member Associations of MVGYOSZ work for the implementation of the Convention mainly at local levels. Their activities are supported by MVGYOSZ from state funds. Further resources may be granted by applications.

10 - CRPD IMPLEMENTATION MONITORING REPORT.
Depending on the date on which your country ratified the CRPD, is it required to submit a report to the UN Committee on the Rights of Persons with Disabilities? If it is, has it done so?

The detailed country report on the implementation of the CRPD in Hungary was due to be submitted in October 2010, Hungary met that deadline in good order. The Committee on the Rights of Persons with Disabilities adopted its closing remarks on September 27th 2012.

11 - SHADOW REPORT.
Have the associations of persons with disabilities presented the so-called shadow report?

The Hungarian Disability Caucus which is a non hierarchical collaborative network of Disabled Peoples Organizations and their allies worked out and submitted the so-called shadow report in June 2010, under the title “Disability Rights or Disabling Rights?”.

Organisations that took part in the preparation of the alternative report:

  • The Hungarian Autistic Society (AOSZ)
  • Hungarian Parliamentary Commissioner for Civil Rights (OBH)
  • Csupaszívek Társasága (Down Association))
  • Hungarian Association for Persons with Intellectual Disability (ÉFOÉSZ)
  • National Council of Disabled Persons' Organisations (FESZT)
  • Voice of Soul Association (Lélek-Hang Egyesület
  • Mental Disability Advocacy Center (MDAC)
  • National Federation of Disabled Persons' Associations (MEOSZ)
  • Hungarian Association of the Deaf and Hard of Hearing (SINOSZ)
  • Hungarian Civil Liberties Union (TASZ)

12 - COMMENTS.

Do you have any comments on the implementation of the CRPD in your country?

Due to the economic situation in Hungary the implementation of those tasks demanding financial resources is rather slow. Disability organisations play an active role in shaping the social attitude to disability and in raising awareness, as a result of which distinct improvements can be noticed lately.

Update and Additional research notes 2019: (Sarah Woodin)

The focal point for implementing the CRPD is the Ministry of Human Capacities. The Office of the Secretary of State for Social Inclusion is responsible for Disability affairs in Hungary, including the CRPD. The shadow report to the CRPD committee (2016) notes that the National Observatory supports the focal point in coordination, integration and monitoring actions related to the implementation of the CRPD, and that it is chaired by the Minister of Labour and Social Policy.

Although the National Disability Council is designated as the independent mechanism, the CRPD committee noted in 2012 that it did not fulfil the Paris Principles and it is not currently listed as an accredited organisation by GANHRI. Concluding observations also required Hungary to effectively involve disabled people in monitoring procedures. Other issues include lack of under-represented groups, in particular Roma and women.

Update and Additional research notes 2019:

The focal point for implementing the CRPD is the Ministry of Human Capacities. The Office of the Secretary of State for Social Inclusion is responsible for Disability affairs in Hungary, including the CRPD. The shadow report to the CRPD committee (2016) notes that the National Observatory supports the focal point in coordination, integration and monitoring actions related to the implementation of the CRPD, and that it is chaired by the Minister of Labour and Social Policy.

Although the National Disability Council is designated as the independent mechanism, the CRPD committee noted in 2012 that it did not fulfil the Paris Principles and it is not currently listed as an accredited organisation by GANHRI. Concluding observations also required Hungary to effectively involve disabled people in monitoring procedures. Other issues include lack of under-represented groups, in particular Roma and women.