Human Rights Council
Thirty-third session
Agenda Item 6
Universal periodic review
Report of the Working Group on the Universal Periodic Review *
Hungary
Contents
Page
Introduction3
I.Summary of the proceedings of the review process3
A.Presentation by the State under review3
B.Interactive dialogue and responses by the State under review5
II.Conclusions and/or recommendations13
Annex
Composition of the delegation27
Introduction
1.The Working Group on the Universal Periodic Review, established in accordance with Human Rights Council resolution 5/1, held its twenty-fifth session from 2 to 13 May 2016. The review of Hungary was held at the 6th meeting on 4 May 2016. The delegation of Hungary was headed by the Minister of Justice, László Trócsányi. At its 13th meeting, held on 10 May 2016, the Working Group adopted the report on Hungary.
2.On 12 January 2016, the Human Rights Council selected the following group of rapporteurs (troika) to facilitate the review of Hungary: Nigeria, Panama and the United Kingdom of Great Britain and Northern Ireland.
3.In accordance with paragraph 15 of the annex to Human Rights Council resolution 5/1 and paragraph 5 of the annex to Council resolution 16/21, the following documents were issued for the review of Hungary:
(a)A national report submitted/written presentation made in accordance with paragraph 15 (a) (A/HRC/WG.6/25/HUN/1);
(b)A compilation prepared by the Office of the United Nations High Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b) (A/HRC/WG.6/25/HUN/2);
(c)A summary prepared by OHCHR in accordance with paragraph 15 (c) (A/HRC/WG.6/25/HUN/3).
4.A list of questions prepared in advance by Afghanistan, Belgium, the Czech Republic, Germany, Liechtenstein, Mexico, the Netherlands, Norway, Slovenia, Spain, Sweden, Switzerland and the United Kingdom of Great Britain and Northern Ireland was transmitted to Hungary through the troika. These questions are available on the extranet of the universal periodic review.
I.Summary of the proceedings of the review process
A.Presentation by the State under review
5.The Minister of Justice stated that Hungary attached particular importance to the universal periodic review mechanism and was committed to protecting and fulfilling all of its human rights international obligations.
6.The delegation recalled that, in conformity with its open invitation, Hungary had received six visits of special procedure mandate holders since its first review, had responded to all of their letters had submitted reports on time to three treaty bodies, was making every effort to submit its overdue reports and had presented, in May 2014, a mid-term report on the universal periodic review, on the implementation of the recommendations received in 2011.
7.In 2012, Hungary had acceded to the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and, in January 2015, the office of the Commissioner for Fundamental Rights had become the National Preventive Mechanism called for in the Optional Protocol. Hungary had acceded to or was in the process of ratifying several European human rights instruments, and the Government had continued to incorporate its international obligations in its national legislation.
8.The new Fundamental Law had come into force in January 2012, which enshrined that human rights are inalienable, interdependent and indivisible. Hungary remained a parliamentary democratic republic. Several cardinal laws requiring a qualified majority had been adopted relating to the Commissioner for Fundamental Rights, the Constitutional Court, the legal status and remuneration of judges and to such major human rights issues as freedom of information, the prosecution service, freedom of conscience and religion and the legal status of churches.
9.The national human rights institution had been strengthened and unified and, in December 2014, had received A status from the Global Alliance of National Human Rights Institutions. Furthermore, the national architecture for the protection of fundamental rights had been perfected with the establishment of the National Authority for Data Protection and Freedom of Information and by the Equal Treatment Authority.
10.One of the outcomes of the first review cycle had been the establishment in 2012 of an interministerial human rights working group with an advisory nature. The working group had established a round-table group to facilitate consultations with civil society organizations. For instance, the draft national report prepared by the Government for its second universal periodic review cycle had been circulated among the members of the round-table group for observations, which were subsequently incorporated into the final version of the report. As a signature engagement, the Government of Hungary had organized since 2008 the Budapest Human Rights Forum to diffuse knowledge and raise awareness about human rights.
11.The Government had embarked on a comprehensive reform of the penal system to bring it into line with international law. In that context, a new criminal code had entered into force in July 2013 based on four principles: efficiency, consistency, simplicity and modernity, supplemented with severity in the case of repeat offenders, and a preventative approach for first offenders.
12.The legislation on penal execution had been reviewed to, inter alia, integrate several recommendations from the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. Furthermore, following the ruling of the European Court of Human Rights in László Magyar v. Hungary, the Government had authorized the possibility of revising life imprisonment sentences.
13.The delegation noted that the Ministry of Justice was in the process of amending the Law on Criminal Procedures to incorporate, among other provisions, the protection of the procedural rights of vulnerable groups and the effective regulation of covert operations and secret surveillance.
14.With regard to equality and non-discrimination, the delegation stated the new Fundamental Law contained a comprehensive definition of discrimination. And, following the concluding observations of the Committee on the Elimination of Discrimination against Women, the new Penal Code introduced a legal provision criminalizing domestic violence, including psychological violence.
15.The Government had established a policy of zero tolerance against xenophobia and racism. Anti-Semitic and Anti-Roma statements had been officially denounced by the Government and had triggered legislative revisions. For instance, the rules of procedure of Parliament concerning hate speech had been hardened and the Chair has a wider disciplinary authority, including the ability to request the exclusion of a member of parliament from a session and impose fines if he or she uses expressions against national, ethnic or religious groups or individuals. Moreover, an advisory group composed of hate crimes specialists had been established in 2012.
16.The denial of the Holocaust (Jewish and Roma) had also been criminalized in the Penal Code, with penalties of up to three years of imprisonment.
17.The Minister of Justice acknowledged that, since 2015, Hungary had been facing, with other European countries, a migration crisis without precedent. Hungary had done its best to find a balance between the respect of humanitarian law and the protection of the national public order, which was a very complex task. It was in that context that the Government had approved several measures to strengthen the protection of borders and improve the system of asylum, in compliance with international standards.
18.In concluding, the delegation noted that several changes had been introduced in the Criminal Code to consolidate the protection against smuggling in human beings. The most recent amendments had been aimed at curbing the activities of cross-border organizations associated with the migration crisis.
B.Interactive dialogue and responses by the State under review
19.During the interactive dialogue, 86 delegations made statements. Recommendations made during the dialogue are to be found in section II of the present report.
20.Lebanon welcomed the adoption of a new Constitution and commended the interest showed by Hungary in protecting rights of ethnic communities.
21.Sweden stated that, since 2010, the ruling party had made major changes that had gradually removed checks on the executive branch.
22.Switzerland was concerned at the measures taken by Hungary limiting access to the asylum procedure.
23.Tajikistan noted the adoption of a number of laws as a basis of a national strategy for the protection and upholding of human rights.
24.Thailand noted the widespread privatization of health services and urged the Government to ensure its policy did not affect access to quality health care.
25.The former Yugoslav Republic of Macedonia welcomed the ratification of the Optional Protocol to the Convention against Torture and encouraged authorities to continue efforts to tackle disbanded organizations targeting Roma.
26.Timor-Leste welcomed the establishment of an interministerial human rights working group responsible for monitoring human rights.
27.Togo appreciated the full cooperation with special procedure mandate holders and welcomed the establishment of a national preventive mechanism.
28.Turkey remained concerned about the living and detention conditions of refugees, asylum seekers and migrants and underlined the importance of combating human trafficking.
29.Ukraine commended the adoption of the new Constitution and human rights strategies, including on social equality of men and women.
30.The United Arab Emirates welcomed measures to protect minorities from hate crimes and to combat incitement to religious hatred.
31.The United Kingdom of Great Britain and Northern Ireland encouraged Hungary to ensure that implementation of new measures contribute to greater transparency.
32.The United States of America was deeply concerned that the Government of Hungary had taken steps that had eroded checks and balances and centralized executive power.
33.Uruguay welcomed the adoption of the new Constitution in 2012, and steps taken on integrating minorities, although challenges persisted.
34.Albania commended Hungary on the adoption of a specific legal provision in line with the concluding observations of the Committee on the Elimination of Discrimination against Women concerning domestic violence.
35.The Philippines expressed concern about reported violation of human rights of migrants and called for international assistance to be given to Hungary.
36.Argentina noted actions taken to end domestic violence and encouraged Hungary to continue adopting measures for this purpose.
37.Australia welcomed the establishment of the Commissioner for Fundamental Rights and encouraged Hungary to continue supporting it.
38.Austria expressed concern about allegations of undue government interference with political media coverage and lack of an effective strategy to counter the increase recourse to hate speech in Hungary.
39.Azerbaijan welcomed the accession to the Optional Protocol to the Convention against Torture and appreciated the work done by Hungary in implementing social protection programmes for victims of trafficking.
40.Bahrain commended the intention of Hungary to criminalize domestic violence but was concerned that there had been no similar condemnation of other forms of violence.
41.Bangladesh expressed concern that the current level of official development assistance (ODA) remained low in Hungary despite the efforts to increase ODA contributions.
42.Belarus was satisfied by the adoption of a national strategy on human trafficking and the implementation of youth-oriented preventive programmes.
43.Belgium commended Hungary for the measures it had taken to fight discrimination against women and noted that several reports had mentioned that patriarchal attitudes and stereotypes persisted in Hungarian society.
44.Bosnia and Herzegovina welcomed the ratification of the Optional Protocol to the Convention against Torture and expressed concern over constant low representation of women in decision-making processes.
45.The delegation stated that, on the independence of the Constitutional Court and the judiciary, new laws had been enacted that were being reviewed with the representatives of the European Commission. It stated that the Court had very similar rights to the rights of the German Constitutional Court and that, since 2012, in more than 100 cases, the Court had declared some of the laws it had examined to be unconstitutional and overruled some judicial decisions. That had proved that the Constitutional Court was a real and genuine controller of the legislative and executive branches in Hungary. The delegation underscored the independence of the Court.
46.Regarding the administration of the judiciary, a new system had been created in which the National Office for the Judiciary and the National Council of Justice were jointly overviewing and supervising the judicial branch, which demonstrated the absolute independence of the judicial branch.
47.The delegation highlighted that access to public data was rarely rejected — only if there was a national security issue — otherwise data had to be provided. It stressed that, from the point of view of checks and balances concerning the independence of the judiciary and access to public data, Hungary was very transparent.
48.The delegation underscored that, in the context of migration, there was a joint responsibility of the international community, so a solution should be found where all the parties were partners. According to the Fundamental Law of Hungary, the right of asylum was provided to all asylum seekers. Hungary was the only country that registered over 200,000 people at its borders. The Hungarian public administration system was willing to handle those asylum applications. However, the majority of the asylum seekers had actually left the country shortly after applying for asylum. Hungary had not closed its borders per se, but, in order to protect the external borders of the Schengen area, it had established transit zones, within which asylum claimants could enter Hungary, provided their claim had been accepted.
49.The delegation reported that vulnerable groups had always been allowed entry. It pointed out that, in the transit zones, the Hungarian Red Cross and non-governmental organizations had been present, having received financial support from the Government to make sure that those refugees would be taken care of. In the transit zones, accommodation, medical care and catering had been provided. Hungary operated open reception centres. The delegation underscored that, for the implementation of asylum detention, there had been detention centres, not prisons, and that detention had only applied as a last resort (1.35 per cent of asylum seekers had actually been held in detention centres in 2015). The delegation mentioned there was room for improvement. It explained that old international legal frameworks had often been not easy to comply with; therefore, Hungary had been a very active party in various debates concerning the future legal framework and regulation on migrants.
50.Botswana noted measures to combat domestic violence and expressed concern about reports of continued discrimination of women belonging to national minorities.
51.Brazil was concerned with reports on denial of asylum applications after the adoption of a new law stipulating a list of safe countries.
52.Bulgaria appreciated the establishment of the office of the Ombudsman and the creation of an interministerial human rights working group.
53.Canada remained concerned at reports of intimidation and reprisals against human rights defenders.
54.Chad welcomed the adoption of a new Constitution and the establishment of a working group on human rights.
55.Chile appreciated the efforts made by Hungary in fighting discrimination against Roma and highlighted the National Strategy to promote gender equality.
56.China noted the measures taken by Hungary in protecting minorities and promoting social inclusion.
57.Colombia noted the measures adopted by Hungary to prevent and combat human trafficking and discrimination against women.
58.Croatia commended campaign for children, parents and teachers to promote responsible Internet use for children, aiming to tackle the protection of personal data and the prevention of cyberbullying.
59.Cuba welcomed measures towards the equal rights of persons with disabilities and noted problems concerning racism, intolerance and hate speech across the political spectrum.
60.The Czech Republic thanked the delegation for its informative presentation.
61.Ecuador was concerned about gender discrimination and mistreatment by security agents against Roma, national minorities and non-citizens, including children.
62.Egypt welcomed, inter alia, strengthened guarantees of judicial independence and support for further independence and effectiveness of the national human rights institution.
63.Ethiopia commended the delegation for the annual Budapest Human Rights Forum and the commitment of the Government in establishing an interministerial working group.
64.Finland emphasized the importance of guaranteeing the right to equal education for Roma children. It expressed concern that Hungary was constructing a system in which the majority of refugees would be denied access to the territory of the European Union as a result of automatic rejections of asylum applications at the border.
65.France welcomed the Hungarian delegation and made recommendations.
66.Georgia commended Hungary for ratifying the Optional Protocol to the Convention against Torture and for the establishment of a national preventive mechanism.
67.While seeing persisting shortcomings in Hungary, Germany welcomed the ratification of the Optional Protocol to the Convention against Torture and of the Firearms Protocol.
68.Ghana noted the adoption of a new Constitution providing a comprehensive legislative framework, which demonstrated the commitment to implement its international obligations.
69.Greece welcomed the progress made by Hungary in the field of human rights since its first review, particularly the ratification of the Optional Protocol to the Convention against Torture.
70.Guatemala acknowledged the progress made by Hungary in strengthening human rights through national strategies in a number or areas.
71.The Holy See welcomed measures taken to prevent and combat trafficking in persons and commended the endeavours to enhance the social security of families.
72.Honduras welcomed the endorsement of the National Strategy against human trafficking 2013-2016, the law on detention of victims of trafficking and the ratification of the Optional Protocol to the Convention against Torture.
73.Iceland deeply regretted recent amendments to the Hungarian Criminal Code that made it an offence to enter the country through the border fence. It was also concerned at the persistence of xenophobic attitudes and hate crimes towards Roma.
74.On hate speech, the delegation asserted that, until 1989, the country had been governed by a communist dictatorship under which people had no chance to express themselves freely and, at the time of the change of regime, a decision had been made to introduce a very wide definition of the freedom of expression. It was almost an absolute right, so there was only a very limited area of limitation. Various legal acts had dealt with this issue, but the Constitutional Court exercised its criticism in connection with the limitation of the freedom of expression. Nevertheless, in 2011, when the new Fundamental Law was adopted, a very important principle had been included, which was the principle of the dignity of communities. Consequently, when freedom of expression was exercised it could never harm the dignity of any community, giving the chance to fight against hate speech.
75.The new Civil Code of 2014 entitles any member of a community to enforce his personality rights in the event of a false and malicious statement made in public at large for being part of the Hungarian nation or of a national, ethnic, racial or religious group. The application of the Criminal Code was the ultima ratio, but racism-motivated hate speech needed to be combated. The delegation noted that, after the adoption of the new Fundamental Law, an act regarding paramilitary organizations had also been adopted that made it a criminal offence to organize other people against a particular community. The delegation considered that civil society could also operate as a sort of alarm system, with the support from the Government to do so.
76.On the migration issue, the delegation explained that — while taking into account the 1951 Convention relating to the Status of Refugees — according the Schengen agreement, any irregular migrant could be sanctioned. In that regard, the issue of safe third countries should be taken into account, and Hungary considered Serbia to be a safe country because the lives of individuals were not at risk there. The delegation also explained it was very difficult to control people coming through the green border and that was why transit zones had been established where people could enter its territories in a regular way. All the applications and procedures had been launched in connection with those who had entered Hungarian territories through the transit zones, while medical help and legal assistance had been provided.
77.The delegation indicated that efforts against human smugglers were of major importance, as was the criminalization of acts in connection to human smuggling, referring to stories about people dying in trucks. It expressed its intention to cooperate with the Office of the Unite Nations High Commissioner for Refugees and to address the situation of children and unaccompanied minors.
78.The delegation asserted that religious diversity and religious tolerance had a long tradition in Hungary. There was no prejudice against Islam in Hungary and such acts had no historical context. In Hungary, over 1,000 Muslim university students received a State grant, enjoyed absolute protection and experienced the tolerant side of Hungarian society on a daily basis. The delegation stated that Hungary was home to the third largest Jewish community in the European Union.
79.The delegation stated that Hungary was very diverse regarding ethnic and national minorities, 13 of which were registered as having the right of self-governance. In 2011, during its presidency of the European Union, Hungary initiated the European Roma Strategy, which continued through the Hungarian National Social Inclusion Strategy and aimed to ensure that, in the areas such as education, housing and health care, the Roma minority was supported in order to be a fully integrated group in Hungarian society. Hungary was against segregation, and the delegation pointed out that, in 2014, a medium-term strategy had been established to combat segregation and integrate Roma into mainstream society, including measures concerning early school-leaving and school drop-outs.
80.The Government considered policy concerning the family, women and the protection of children as one integral issue. Women were enabled to reintegrate into the labour force after giving birth. Although there were no female ministers in the Government, there were several female State Secretaries and many women working in senior positions in the governmental and non-governmental sectors.
81.Full protection to the rights of children was provided and the Ombudsman had a very unique set of tools. The office of the representative for children’s rights had been created, which could be contacted directly by children and had the right to intervene in educational institutions and the education system.
82.Regarding violence against women, the delegation recalled that new crisis centres had been created to support victims and considered it a very important task to ratify the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (the Istanbul Convention).
83.India noted with concern that the amendment to the Law on Freedom of Information had undermined the right to information in Hungary.
84.Indonesia appreciated the adoption of a new Constitution on fundamental human rights and the establishment of the interministerial human rights working group.
85.The Islamic Republic of Iran thanked Hungary for the statement delivered on the human rights achievements since the first review cycle.
86.Iraq called upon Hungary to continue efforts undertaken to develop care programmes targeting children and the elderly and to continue combating racism and hate crimes.
87.Ireland noted with concern the introduction of increasingly restrictive regulations on accreditation and funding of civil society organizations. It was concerned about reports of threats and harassment of human rights defenders in Hungary.
88.Italy welcomed the creation of the subcommittee on women’s dignity as an important step in combating violence against women in Hungary.
89.Japan was concerned at reports that the media had been subjected to restrictions and political interference under the new Media Act and welcomed revisions to that Act.
90.Kazakhstan welcomed the comprehensive criminal law reform, the ratification of the Optional Protocol to the Convention against Torture and the strengthening of the Ombudsperson system.
91.The Lao People’s Democratic Republic welcomed efforts to implement the recommendations accepted during the previous review cycle and commended Hungary for the adoption of the new Constitution.
92.Latvia was alarmed by some of the preliminary observations of the Special Rapporteur on the situation of human rights defenders in Hungary.
93.The State of Palestine welcomed a number of positive results that had been achieved by Hungary in ensuring the rights and equal opportunities for persons with disabilities.
94.Libya noted with deep satisfaction the progress that had been achieved by Hungary since the first review cycle.
95.Lithuania commended steps towards combating hate crimes by adopting new legislation that criminalizes the violation of dignity of any national, ethnic, racial or religious community.
96.Malaysia noted advances in human rights protection and stated that additional focus could be given in areas such as gender equality, combating racial discrimination and the rights of migrants.
97.Maldives appreciated the midterm report that had been submitted by Hungary and encouraged it to take a human rights-based approach in dealing with refugees.
98.Mexico acknowledged the efforts that had been made by Hungary to increase the well-being of persons with disabilities and the recent adoption of a strategy to provide alternatives to the institutionalization of persons with mental disabilities.
99.Mongolia underscored the strengthening by Hungary of the Constitutional Court and Ombudsman system, in connection with the new Constitution.
100.Montenegro noted the concerns of the Committee on the Elimination of Discrimination against Women regarding women belonging to minorities, who had been the subject of discrimination and ill-treatment by Hungarian law enforcement officials.
101.Morocco commended Hungary for the adoption of a new Constitution, which includes new legislative texts, and for acceding to the Optional Protocol to the Convention against Torture.
102.Namibia noted the establishment of the subcommittee on women’s dignity with security of women and combating domestic violence as priority tasks.
103.The delegation stated that Hungary had a very diverse media that was in the majority of cases privately owned, and that an independent media authority was in place. In 2010, a new Media Act had been adopted and, as a result of negotiations and consultations with the Council of Europe and the European Commission, the Act had been amended in 2012. In 2015, the Act had been reviewed by the European Commission, which had come to the conclusion that some positive steps had been taken since 2011. Regarding the Media Council, its members were elected and appointed by Parliament and their mandate lasted for one parliamentary cycle.
104.Sanctions could be applied, for example, in the case where a minor is harassed on a media organ, or in the case of hate speech, or if the media is unbalanced. The delegation considered the Media Act to be in compliance with international standards, but acknowledged that that was open to discussion.
105.On the relationship with non-governmental organizations and civil society, the delegation indicated that civil society played a crucial role in public life and in the justification of public decisions. Civil society had room for criticizing the Government. The delegation underscored that the Government evaluated these critical comments and it encouraged dialogue, recalling the human rights working group, where various round-table discussions had been carried out. The delegation believed that, in the legislative procedure, non-governmental organizations had the chance to deliver their opinions.
106.The International Criminal Court was of major importance to Hungary, as it had been one of the countries that supported and ratified its Rome Statute.
107.In certain areas, addressing segregation represented a larger challenge for which it was important to adopt finely tuned measures, including collaboration with Roma organizations and churches.
108.According to the new Fundamental Law, Hungary had a new principle on persons with disabilities providing protection for their independent living. The delegation recalled the amendment of the Civil Code, which reinforced the rights of persons with disabilities. The Convention on the Rights of Persons with Disabilities would be implemented with the best possible effort.
109.It was important to address issues relating to the lesbian, gay, bisexual and transgender community in the context of hate speech, in order to criminalize such acts against lesbian, gay, bisexual and transgender persons. The delegation considered Hungary to be in the middle ground in terms of acknowledging the rights of lesbian, gay, bisexual and transgender persons.
110.The Netherlands noted there was room for improvement on prohibiting domestic violence and marital rape and encouraged Hungary to undertake further action towards free media laws.
111.Nigeria commended the efforts concerning Roma and on extreme poverty and expressed concern about the alleged disproportionate use of force against migrants and refugees.
112.Norway acknowledged the efforts to combat hate speech and hate crime.
113.Pakistan commended recent legislations and the cooperation with the Council and treaty bodies and expressed hope that an appropriate response would be made regarding the migrant and refugee crisis.
114.Peru expressed its appreciation to Hungary for the measures taken to improve the socioeconomic conditions of families.
115.Algeria welcomed the organization since 2008 of a forum on human rights in Budapest and invited Hungary to consider ratifying the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
116.Poland commended Hungary for upholding its standing invitation to special procedure mandate holders.
117.Slovenia noted the positive impact of the Budapest human rights forum, welcomed steps to promote the rights of the Slovenian minority and inquired about the implementation of the recommendations of the Committee on the Elimination of Discrimination against Women.
118.The Republic of Korea noted the improved human rights infrastructure and protection of vulnerable groups resulting from the follow-up to the previous review cycle.
119.The Republic of Moldova commended the creation of the Ombudsman and enhancement of child-friendly administration of justice and expressed concern about the lowered age of criminal responsibility.
120.Romania expressed appreciation for the measures taken by Hungary to protect the rights of persons of national minorities.
121.The Russian Federation welcomed the efforts made by Hungary in implementing the second action plan for the period 2015-2017 aimed at improving the conditions of people living in extreme poverty.
122.Senegal welcomed the restructuring of the Constitutional Court and the creation of the Republic Mediator.
123.Sierra Leone encouraged Hungary to raise the age of criminal responsibility and urged it to maintain a more humane asylum-seeking process.
124.Portugal welcomed the ratification of the Optional Protocol to the Convention against Torture and the significant steps towards gender equality and commended it on the establishment of the interministerial human rights working group.
125.South Africa expressed concern about continued discrimination against women of ethnic minorities.
126.Spain recognized the adoption of legislation to tackle more effectively gender violence and welcomed the involvement of Hungary in the integration of persons with disabilities in the labour market.
127.The delegation of Hungary welcomed the recommendations and contributions, underscoring the importance it gave to cooperation with the United Nations and the Human Rights Council. It highlighted its commitment to the promotion of human rights and expressed its will to apply for membership of the Human Rights Council for the period 2017-2019. It stated that it would take home all of the recommendations and contributions and would inform the Working Group on the Universal Periodic Review of those recommendations it could support. The delegation stated that human rights mechanisms always had room for improvement and Hungary would try to implement its pending obligations.
II.Conclusions and/or recommendations **
128. The recommendations formulated during the interactive dialogue/listed below will be examined by Hungary, which will provide responses in due time, but no later than the thirty-third session of the Human Rights Council, in September 2016:
128.1 Widen the scope of international obligations through accession to the remaining international treaties, such as the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, the International Convention for the Protection of All Persons from Enforced Disappearance, the Optional Protocol to the Convention on the Rights of the Child on a communications procedure and the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (Albania);
128.2 Consider ratifying the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, the International Labour Organization (ILO) Domestic Workers Convention, 2011 (No. 189), and the Optional Protocol to the Convention on the Rights of the Child on a communications procedure (Philippines);
128.3 Accept the competence of the Committee on Enforced Disappearances, in conformity with Articles 31 and 32 of the International Convention for the Protection of All Persons from Enforced Disappearance (France);
128.4 Consider ratifying the International Convention for the Protection of All Persons from Enforced Disappearance, the Optional Protocol to the Covenant on Economic, Social and Cultural Rights and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (Ghana);
128.5 Become party to the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, the Rome Statute of the International Criminal Court, the Conventions on the refugees and stateless persons, the ILO Indigenous and Tribal Peoples Convention, 1989 (No. 169) and the Convention against Discrimination in Education (Honduras);
128.6 Ratify the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Italy) (Montenegro) (Netherlands) (Turkey) (Belgium);
128.7 Withdraw its reservation on pertinent articles of the International Convention on the Elimination of All Forms of Racial Discrimination, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights and the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (South Africa);
128.8 Ratify the Istanbul Convention without delay (Bosnia and Herzegovina);
128.9 Sign and ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (Turkey);
128.10 Ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (Ecuador) (Guatemala) (Uruguay);
128.11 Consider ratifying the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (Egypt);
128.12 Ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, as previously recommended (Senegal);
128.13 Consider acceding to the International Convention for the Protection of All Persons from Enforced Disappearance (Kazakhstan);
128.14 Accelerate the process of accession to the International Convention for the Protection of All Persons from Enforced Disappearance (Mongolia);
128.15 Ratify the International Convention for the Protection of All Persons from Enforced Disappearance (Montenegro) (Sierra Leone) (Uruguay) (France);
128.16 Step up the process of consultations concerning the accession to the International Convention for the Protection of All Persons from Enforced Disappearance, as previously recommended (Senegal);
128.17 Ratify the Optional Protocol to the Convention on the Rights of the Child on a communications procedure (Togo) (Portugal) (Uruguay);
128.18 Ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (Italy);
128.19 Ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (Portugal);
128.20 Fully align domestic legislation with the Rome Statute of the International Criminal Court through explicit provisions on the duty to cooperate promptly and fully with the Court (Austria);
128.21 Continue further improvement of the protection and promotion of human rights in the country (Azerbaijan);
128.22 Continue to provide protection to the family as the natural and fundamental unit of the society (Egypt);
128.23 Develop and implement a National Action Plan on Human Rights to further ensure systematic and comprehensive approach for the promotion and protection of human rights, with the full engagement of the civil society (Indonesia);
128.24 Ensure that its policies, legislation, regulations and enforcement measures effectively serve to prevent and address the heightened risk of business involvement in abuses in conflict situations, which includes situations of foreign occupation (State of Palestine);
128.25 Step up efforts to establish a mechanism to monitor measures to help address and ameliorate the conditions of women and children (Philippines);
128.26 Assess the compatibility of its policies and laws with its international obligations including all core principles of human rights to which Hungary is a party (Ethiopia);
128.27 Continue the efforts to harmonize national legislation with international standards in the field of human rights (Morocco);
128.28 Continue to promote and protect the fundamental freedoms and human rights of all its citizens (Nigeria);
128.29 Deepen its commitment with the International Criminal Court through adapting its national legislation to the Rome Statute (Peru);
128.30 Consider developing Human Rights Indicators as suggested by OHCHR as an instrument that allows for a more precise and coherent evaluation of national human rights policies (Portugal);
128.31 Consider increasing the funding of the National Preventive Mechanism, in order to support its work and the detention monitoring activities (Croatia);
128.32 Provide adequate resources and functional independence to the Equal Treatment Authority (India);
128.33 Continue to implement measures to protect the rights of the child (Tajikistan);
128.34 Enhance measures to protect the rights of children, women and other vulnerable groups (Lao People’s Democratic Republic);
128.35 Consider establishing independent mechanism for monitoring children’s rights and providing necessary financial resources for its functioning (Poland);
128.36 Ensure consultation processes which allow a public debate and interaction with the independent civil society, with sufficient time during the drafting of new laws and public policies (Switzerland);
128.37 Engage in consultation with pro-transparency organizations and other relevant stakeholders prior to developing or implementing new legislation on Freedom of Information (United Kingdom of Great Britain and Northern Ireland);
128.38 Refrain from targeting or restricting the activities of civil society organizations based on their political affiliation or their receipt of foreign funding (Australia);
128.39 Adopt measures to comply with provisions of the new Constitution including on combating discrimination and ensuring equal participation in political and public affairs by all citizens (Botswana);
128.40 Improve both formal and informal dialogue and public consultation between the Government and civil society, including on proposed legislation with an impact on human rights (Czech Republic);
128.41 Continue with the efforts aimed at ensuring timely cooperation with treaty bodies, regarding the submission of its overdue national reports (the former Yugoslav Republic of Macedonia);
128.42 Submit overdue reports to Committee on the Elimination of Racial Discrimination, Committee on Economic, Social and Cultural Rights and to the Human Rights Committee (Ukraine);
128.43 Intensify efforts aimed at implementing recommendations of treaty bodies and special procedures, including the Committee on the Elimination of Discrimination against Women, the Committee on the Rights of the Child, the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance and the Working Group on Arbitrary Detention (Ukraine);
128.44 Take appropriate measures to progressively reduce the existing backlog of overdue reports to the United Nations treaty bodies (Kazakhstan);
128.45 Submit overdue reports to the Human Rights Committee, the Committee on Economic, Social and Cultural Rights and the Committee against Torture (Sierra Leone);
128.46 Continue to strengthen measures to promote tolerance and respect for cultural diversity and to counter prejudice, stereotypes, discrimination, racism and Islamophobia (United Arab Emirates);
128.47 Reconsider policies on family, gender equality and non-discrimination (Bahrain);
128.48 Continue efforts to sensitize the public to combat discrimination on all grounds online to ensure that all rights are respected (Croatia);
128.49 Continue efforts in following up and monitoring any discrimination based on sex, race or any other form (Ethiopia);
128.50 Continue to implement National Social Inclusion Strategy (Pakistan);
128.51 Take all the necessary measures to fully implement the National Social Inclusion Strategy (Slovenia);
128.52 Enact comprehensive legislation that fully guarantees the application of the principle of non-discrimination and to ensure the full enjoyment of all human rights by every member of society (South Africa);
128.53 Intensify activities aimed at overcoming gender stereotypes (the former Yugoslav Republic of Macedonia);
128.54 Take effective measures to address the needs of women belonging to minorities, such as Roma women, in order to eliminate all forms of discrimination against them (the former Yugoslav Republic of Macedonia);
128.55 Provide the national mechanism for the promotion of gender equality of adequate human and financial resources to enable it to effectively fulfil its mandate (Togo);
128.56 Address the discriminatory situation of women belonging to minorities, including Roma women (Bangladesh);
128.57 Take further measures to reduce the inequality between sexes, sensitize the population in this regard and ensure that these measures are effectively implemented (Belgium);
128.58 Continue to take action towards a comprehensive gender equality strategy and introduce effective legislative measures to increase women’s participation in political life and decision-making (Bosnia and Herzegovina);
128.59 Redouble its efforts towards combating stereotypical division of gender roles in family and society (India);
128.60 Adopt a comprehensive law on domestic violence (Islamic Republic of Iran);
128.61 Take further steps to address root causes that affect the rights of women belonging to disadvantaged groups (Latvia);
128.62 Take concrete measures to improve access to decent work for all women, eliminate all discrimination against women at work, and create more socioeconomic opportunities for disenfranchised women (Malaysia);
128.63 Introduce effective legislative measures to increase women’s participation in political life and decision-making (Namibia);
128.64 Continue to make efforts to ensure women’s participation in political life and in decision-making (Pakistan);
128.65 Establish effective legislative measures, such as quotas, to improve the participation of women in political life and decision-making processes (Algeria);
128.66 Adopt a comprehensive, human rights-based gender equality strategy (Slovenia);
128.67 Continue the implementation of Roma integration policies in all social economic cultural political and educational sectors (Lebanon);
128.68 Support the gender integration in all spheres of life (Tajikistan);
128.69 Strengthen its measures to combat racism and discrimination in all its forms against migrants and asylum seekers (Thailand);
128.70 Take all necessary measures to eliminate racial discrimination and segregation of Roma in education (Timor-Leste);
128.71 Implement a comprehensive plan of action envisaged to protect the rights and improve the life conditions of women and children pertaining to ethnic minorities (Uruguay);
128.72 Step up the efforts to combat all forms of discrimination and favour equality of opportunities and treatment, with special care and attention to those who are in a more vulnerable situation, such as persons belonging to the Roma community (Argentina);
128.73 Step up efforts to address discrimination and social exclusion faced by persons belonging to the Roma minority with particular emphasis on integrated schooling and social housing (Austria);
128.74 Establish a comprehensive integration strategy for migrants, with specific measures to prevent and eliminate racism, racial discrimination, xenophobia and intolerance against migrants irrespective of their status (Bangladesh);
128.75 Continue to pay special attention to issues related to the elimination of discrimination of the Roma who study in the education system (Belarus);
128.76 Take measures to eliminate any discrimination and segregation in the education system against Roma children (Belgium);
128.77 Take effective measures to ensure the Hungarian National Police and the hate-crimes expert net improve the enforcement of laws against hate crimes, including by allocating sufficient resources; undertaking thorough investigations and prosecution; and by providing training for the front-line law enforcement (Canada);
128.78 Protect persons who are marginalized and most vulnerable from intolerance, xenophobia, and other forms of discrimination (Canada);
128.79 Lift the measures in force that imply the discrimination and rejection of migrants and refugees, in particular those concerning to the use of force against them (Cuba);
128.80 Continue to take specific measures to prevent and eliminate racism, racial discrimination, xenophobia and intolerance against migrants, refugees and asylum seekers (Egypt);
128.81 Take resolute measures to put an end, without further delay, to the continuing segregation of Roma children at school (Finland);
128.82 Take active measures to prevent actual segregation of Roma students in public and private schools (Germany);
128.83 Redouble efforts to prevent and eliminate racial discrimination, xenophobia and the intolerance against migrants, refugees and asylum seekers (Guatemala);
128.84 Undertake further steps to promote efforts to overcome residual social discrimination against Roma and other ethnic minorities (Holy See);
128.85 Take effective steps to end discrimination against Roma in education, health, employment, housing and access to services with a special focus on ending continued segregation of Roma children at schools (India);
128.86 Strengthen its efforts to promote tolerance and cultural understanding of the Roma population in the aim of eliminating discrimination including in regard to access to education and employment and participation in politics (Japan);
128.87 Step up efforts to effectively prevent and combat discrimination of persons belonging to national minorities, in particular regarding their access to education and health care (Kazakhstan);
128.88 Take further steps to eliminate discrimination against the Roma population, especially in the field of education, health, employment, housing and access to services (Namibia);
128.89 Intensify efforts to combat discrimination and ill-treatment of Roma and eliminate segregation of Roma girls in the educational system (Nigeria);
128.90 Take measures to prevent and eliminate racism, racial discrimination, xenophobia and others (Nigeria);
128.91 Continue the work to further social and economic integration of the Roma population, reduce direct and indirect school segregation of Roma children and actively promote Roma participation in society through education (Norway);
128.92 Continue its efforts to integrate the adult Roma population in the labour market and the Roma children and young people in the regular education system (Peru);
128.93 Ensure that, in the context of the new legislation adopted in 2011, following the 2011 universal periodic review recommendations, the self-governments truly represent the persons of national minorities on whose behalf they act (Romania);
128.94 Include specific components in public policies and budgets to address the needs of persons belonging to minorities, including Roma women and children (South Africa);
128.95 Adopt more policies and allocate more resources specifically directed towards Roma women and children (Spain);
128.96 Continue the efforts to combat hate speech, racism, xenophobia and all forms of discrimination against refugees and migrants (Lebanon);
128.97 Carry out the work to eliminate expressions of hatred, racial and religious discrimination (Tajikistan);
128.98 Intensify national efforts to prevent and eliminate all manifestations of anti-Semitism and take resolute measures to condemn hate speech, including against Roma (Albania);
128.99 Take action against the worrying increase and public use of hate speech, most often addressed at migrants, asylum seekers but also civil society organizations and vulnerable groups (Austria);
128.100 Intensify its efforts to combat xenophobia, islamophobia and refugee hatred, and take the necessary measures to condemn hate speech (Bahrain);
128.101 Take resolute measures to condemn hate speech, racial discrimination, xenophobia and intolerance against all minority groups, migrants and asylum seekers (Bulgaria);
128.102 Apply effectively policies against racism and hate speech (China);
128.103 Implement effectively its legislation and policies against hate speech and hate crimes with particular focus on the human rights protection of Roma, Jews, lesbian, gay, bisexual, transgender and intersex persons and other vulnerable groups (Czech Republic);
128.104 Ensure that the constitutional amendment prohibiting speech that would violate the dignity of the Hungarian nation cannot be used to silence criticism and limit freedom of expression as guaranteed under the International Covenant on Civil and Political Rights (Czech Republic);
128.105 Take all the necessary measures to combat violence linked to racial discrimination, as well as hate crimes and speeches, including against refugees and migrants (France);
128.106 Cease anti-immigration campaigns and rhetoric of incitement to hatred, xenophobia and anti-Semitism and take measures to fight against hate speech and hate crimes in general (Greece);
128.107 Adopt a hate crime investigation protocol and ensure that victims of hate crimes have effective access to the mechanisms of justice and redress (Islamic Republic of Iran);
128.108 Identify efforts to combat all forms of discrimination and to ensure that hate crimes motivated by racism, xenophobia or other forms of discrimination are effectively investigated and perpetrators are brought to justice (Italy);
128.109 Further step up efforts to publicly condemn hate speech, including against Roma (Lithuania);
128.110 Enhance inter-ethnic, inter-religious, and inter-cultural understanding within the society, and ensure access to justice for victims of racial hatred or violence (Malaysia);
128.111 Further strengthen measures to combat hate speech and hate crime (Norway);
128.112 Strengthen measures to avoid hate speeches of all kinds in political messages and in the media (Peru);
128.113 Combat hate speech and statements stigmatizing refugees and asylum seekers (Algeria);
128.114 Prevent and combat racism and hate speech, including through human rights education and training, and by promoting tolerance (Slovenia);
128.115 Enhance its efforts to prevent and root out all kind of national and ethnic intolerance, as well as condemn any incitement to ethnic and religious hatred and hate speech against the Roma in particular (Russian Federation);
128.116 Implement strategies aimed at tackling hate speech and xenophobia in all its forms (Sierra Leone);
128.117 Continue to fight anti-Semitism, and to oppose any attempt to relativize or rehabilitate anti-Semite policies in the past and present (Germany);
128.118 Adopt and implement a comprehensive strategy and action plan to tackle discrimination based on sexual orientation and gender identity (Australia);
128.119 Adopt a strategy and a comprehensive plan of action to counterdiscrimination based on sexual orientation and gender identity (Chile);
128.120 Take comprehensive measures to counter discrimination on the grounds of sexual orientation and gender identity (Colombia);
128.121 Fight against discrimination based on the origin, gender and sexual orientation, by continuing its efforts in the implementation of the existing instruments (France);
128.122 Adopt a comprehensive strategy in order to combat discrimination based on sexual orientation and gender identity (Greece);
128.123 Raise the legal age of marriage for women and men to 18 years (Maldives);
128.124 Follow the recommendations of the 2014 Organization for Security and Cooperation in Europe election observation mission’s final report (United States of America);
128.125 Reinstate juvenile courts and raise the age of criminal responsibility to 14 years, for all crimes, in line with international standards (Botswana);
128.126 Amend the legislation on the protection of families in order to widen the definition of family (Brazil);
128.127 Intensify efforts to prevent overcrowding in prisons (Chile);
128.128 Take measures to address the persistence of preventive detention in police centres and the high risk of ill-treatment (Cuba);
128.129 Reduce the length of the initial pretrial detention phase (Turkey);
128.130 Consider adopting a law on domestic violence and criminalizing different types of violence against women (Turkey);
128.131 Take additional measures to effectively combat violence against women and promote the participation of women in political life and their insertion in the professional life (France);
128.132 Continue efforts, including by raising awareness, in order to prevent domestic violence and violence against women (Georgia);
128.133 Promote public policies to prevent violence against women and girls, including domestic violence and sexual violence (Mexico);
128.134 Strengthen efforts to combat violence against women, inter alia, by ratifying the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Poland);
128.135 Establish a law to criminalize all forms of violence against women (Sierra Leone);
128.136 Adopt a National Action Plan on Security Council Resolution 1325 (2000) on Women, Peace and Security (Portugal);
128.137 Define rape criminally based on the lack of voluntary consent in addition to reinforcing and making more accessible to victims the health-care services (Spain);
128.138 Criminalize different types of violence against women, to amend the Criminal Code to ensure that rape is defined according to the recommendations of the Committee on the Elimination of Discrimination against Women (Lithuania);
128.139 Take concrete measures to protect child victims of sexual exploitation and prostitution (Maldives);
128.140 Abandon the practice of corporal punishment of children and encourage non-violent forms of discipline (Poland);
128.141 Consider raising the age of criminal responsibility from 12 to 14 years, even for the most serious crimes (Republic of Korea);
128.142 Enact laws and legislation aiming at combating human trafficking (Lebanon);
128.143 Ensure the prosecution and punishment of perpetrators of human trafficking, and provide adequate assistance and protection services to victims (Turkey);
128.144 Continue its efforts in order to strengthen the protection of victims of trafficking (Azerbaijan);
128.145 Take steps to reduce and prevent trafficking and provide adequate incentives and protection to victims (Bulgaria);
128.146 Take additional measures to combat trafficking in human beings (France);
128.147 Intensify efforts to effectively prevent trafficking in women and girls and strengthen measures for the rehabilitation and social integration of victims of trafficking (Georgia);
128.148 Take measures to ensure the effective investigation and prosecution of human trafficking cases and establish remedy procedures for the victims (Greece);
128.149 Strengthen mechanisms to prevent the trafficking in boys and girls and provide the support needed for victims of trafficking to be reintegrated into society (Mexico);
128.150 Take concrete measures to ensure the independence of the Constitutional Court and the protection of human rights and fundamental freedoms, and that political pressure is not being applied to judicial decision-making (Sweden);
128.151 Implement reforms on judicial independence and rule of law recommended by the International Bar Association Human Rights Institute in 2015 (United States of America);
128.152 Continue to pursue implementation of the Basic Principles on the Independence of the Judiciary and repeal all provisions of national law that restrict the Constitutional Court’s jurisdiction (Australia);
128.153 Take necessary measures for strengthening its specialized juvenile justice system in compliance with the Convention on the Rights of the Child (Republic of Moldova);
128.154 Continue efforts for the reintegration of former child offenders in the society (Republic of Moldova);
128.155 Remedy the shortcomings in the media law as expressed by the Venice Commission (Sweden);
128.156 Revise transparency laws to reinstate a freedom of information parliamentary ombudsman, and ex ante reclaiming of labour costs for processing information requests, and limit public institutions’ authority to refuse access to public data (United States of America);
128.157 Take concrete steps to promote pluralism of the media and their independent work, including the exercise of their watchdog function (Czech Republic);
128.158 Take the necessary measures to promote media pluralism and fight threats against freedom of the press and freedom of expression (France);
128.159 Take appropriate measures to further relax restrictions on the freedom of the media (Japan);
128.160 Amend the media law in line with previous recommendations to ensure that all media laws are in line with the right to freedom of opinion and expression (Netherlands);
128.161 Give full consideration to the recommendations of the Special Rapporteur on the situation of human rights defenders (United Kingdom of Great Britain and Northern Ireland);
128.162 Take measures allowing the exercise of the lawful activities of human rights defenders, in a favourable legal and administrative environment (Colombia);
128.163 Implement recommendations made by Special Rapporteur on freedom of peaceful assembly and association regarding governmental oversight and regulations of non-governmental organizations (Germany);
128.164 Review and abolish all legal provisions that restrict the rights of human rights defenders promoting the rights of the Roma community (Iceland);
128.165 Ensure the prompt and independent investigation of all alleged violations against human rights defenders (Ireland);
128.166 Positively consider and implement the recommendations presented by the Special Rapporteur on human rights defenders (Libya);
128.167 Remove all administrative and legislative provisions that restrict the rights of Human Rights Defenders and ensure that civil society organizations can operate freely and without discrimination or undue restriction (Norway);
128.168 Take steps to ensure that civil society organizations freely can access and utilize funding, including from foreign sources (Norway);
128.169 Maintain its commitment to the realization of the right to work for all including through technical and vocational training for young people (Egypt);
128.170 Provide greater support for poor families and children and reduce social inequality (China);
128.171 Take further steps to ensure better labour market access and access to basic social and health services for marginalized women, including women with disabilities, Roma women and migrant women (Republic of Korea);
128.172 Continue to enhance access to sexual and reproductive health services for women, in particular women with disabilities, women with low income, women with HIV/AIDS, and women living in the rural areas (Thailand);
128.173 Effectively implement ongoing national policy to guarantee quality education for minority (Lao People’s Democratic Republic);
128.174 Ensure that the standards of education in national minorities’ languages as well as teaching of minorities languages are the same as the general standards of education in the country (Romania);
128.175 Ensure that the implementation of objectives set up in the 2014 National Strategy on Public Education are in line with the objectives and goals of the Sustainable Development Goals (United Arab Emirates);
128.176 Ensure the inclusion of human rights and especially children’s rights in the public education system, raising awareness about human rights in general (Greece);
128.177 Strengthen efforts to provide access to education, labour market and public life for persons with disabilities (Holy See);
128.178 Continue the path regarding positive results achieved in ensuring the rights and equal opportunities of persons with disabilities by, inter alia, allocating sufficient resources for the development of an inclusive education system for children with disabilities and providing sufficient and adequate support services in local communities to enable persons with disabilities to live independently (State of Palestine);
128.179 Review all relevant legislations, including the State’s new Fundamental Law to ensure that all persons with disabilities have a right to vote, and that they can participate in political and public life on an equal basis with others (Lithuania);
128.180 Review legislations to ensure that all persons with disabilities have a right to vote, and that they can participate in political and public life (Maldives);
128.181 Consolidate programmes to ensure a system of inclusive education for children with disabilities throughout the country (Mexico);
128.182 Take further measures to improve access of persons with disabilities to social, economic and cultural life and combat discrimination on the grounds of disability (Poland);
128.183 Adopt measures in order for any health decision to depend upon the free and informed consent of the concerned disabled person (Spain);
128.184 Take all steps necessary to ensure that the right to seek asylum is guaranteed for asylum seekers coming to Hungary and that the principle of non-refoulement is respected (Sweden);
128.185 Decriminalize the access to its territory for persons wishing to file a request for asylum, and process the asylum applications individually and in a non-discriminatory fashion, in compliance with its international obligations (Switzerland);
128.186 Ensure that migrant and asylum-seeking women receive adequate assistance (Timor-Leste);
128.187 Eliminate detention in penitentiary establishments of asylum seekers and refugees (Uruguay);
128.188 Advance in measures of assistance and promotion of the rights of migrants, refugees and asylum seekers, in compliance with current international standards (Argentina);
128.189 Reform its legislation to ensure full respect of the principle of non-refoulement (Brazil);
128.190 Ensure that its legal framework and actions concerning asylum seekers, refugees, and migrants comply with Hungary’s international human rights obligations, including with regard to procedural safeguards. This includes repealing those amendments to Hungary’s Asylum Law, Law on Criminal Procedure and Criminal Code that are inconsistent with its international human rights obligations (Canada);
128.191 Seek alternatives to detaining asylum seekers and migrants, particularly children. Take immediate and effective measures to ensure that conditions of detention are fully consistent with Standard Minimum Rules for the Treatment of Prisoners (Canada);
128.192 Develop actions that improve the living conditions of asylum seekers and prevent discrimination on the grounds of nationality or country of origin (Chile);
128.193 Continue to improve the living conditions of migrants, refugees and asylum seekers (China);
128.194 Ensure the inclusion of a human rights approach in the measures to address the migrant situation, taking into particular account the situation of vulnerable population (Colombia);
128.195 Apply a dignified and human treatment that respects the universal principles of human rights for people in situation of human mobility, whether migrants or refugees, with special emphasis on strengthening and implementing policies to address trafficking of persons from a holistic approach , particularly regarding women, children and other vulnerable groups, as well as to combat all forms of discrimination, with measures including complaint an denunciation mechanisms for victims that enable them to achieve reparations (Ecuador);
128.196 Ensure that all issues related to migration, asylum seeking and border management are addressed in accordance with respective obligations under applicable international law (Egypt);
128.197 Fully respect its obligations under international law by guaranteeing the right to seek asylum through an individual, effective process without discrimination (Finland);
128.198 Improve the capacity to guarantee every person the possibility to request international protection in a legal way, and create conditions for the medical and psychological treatment of asylum seekers, especially those who were victims of torture and violence (Germany);
128.199 Fully implement international Conventions and standards for the protection of refugees and asylum seekers (Greece);
128.200 Actively participate in the refugee resettlement/humanitarian admission process directly from Turkey to the European Union, as this is actually the only way to save lives and crack down criminal networks of smugglers (Greece);
128.201 Take immediate action to improve national asylum system, including by elaborating a national action plan, to avoid continuation of harsh conditions of detention and treatment of asylum seekers and refugees (Greece);
128.202 Ensure the prompt and impartial investigation of any excessive use of force in policing the border operations, including by the military (Greece);
128.203 Work together with the other European States to improve the conditions and treatment given to asylum seekers and refugees (Guatemala);
128.204 Make every effort to pay due attention to the human rights of asylum seekers and to avoid using disproportionate force on migrants and refugees (Holy See);
128.205 Redouble efforts in order to guarantee the respect of the human rights of migrants, including persons under irregular situation (Honduras);
128.206 Implement with no exception the principle of non-refoulement in the context of asylum seeking procedures (Honduras);
128.207 Repeal the amendments to the Criminal Code that criminalizes “illegal entry” and introduces “transit zones” at the border and a list of “safe countries” (Iceland);
128.208 Comply with the principle of non-refoulement (Iceland);
128.209 Take measures to work towards improving the living conditions for refugees and asylum seekers (India);
128.210 Strengthen efforts in addressing issues of irregular migrants in the country in line with international human rights law obligations (Indonesia);
128.211 Improve the living conditions of asylum seekers and step up efforts directed towards improving the treatment of asylum seekers and refugees (Islamic Republic of Iran);
128.212 Take all the necessary steps to address the placing of asylum-seeking and migrant children in detention, including by repealing relevant legislation allowing for the detention of families accompanied by children (Ireland);
128.213 Review legislation on the rights of migrants and asylum seekers in accordance with Hungary’s obligations under international and European Law and to better apply existing internal rules, namely those related to the handling of unaccompanied children (Italy);
128.214 Make efforts to ensure transparency and consideration for human rights, in particular those of women and children, in its treatment of migrants and refugees (Japan);
128.215 Ensure that enforcement authorities comply with international human rights obligations in the treatment of migrants and asylum seekers, and expedite the judicial process to avoid prolonged detention of migrants and asylum seekers (Malaysia);
128.216 Continue the efforts to improve the treatment of migrants and asylum seekers (Morocco);
128.217 Take steps to ensure that detention of asylum-seekers is used only in exceptional cases, the procedure for detention is transparent and comprehensible, and that detainees have access to effective legal remedy (Norway);
128.218 Continue to fulfil its international human rights obligations regarding asylum seekers, refugees and migrants (Pakistan);
128.219 Strengthen its efforts to improve the detention conditions of migrants and asylum seekers, including by refraining from excessive use of force, ill-treatment, and prolongation of detention periods; and also to adopt a comprehensive integration strategy for their early stage integration (Republic of Korea);
128.220 Revise the national list of safe countries in order to avoid the high number of unadmitted requests that have been pointed out by the Helsinki Committee of Hungary (Spain);
128.221 Increase level of ODA (Bangladesh).
129. All conclusions and/or recommendations contained in the present report reflect the position of the submitting State(s) and/or the State under review. They should not be construed as endorsed by the Working Group as a whole.
Annex
Composition of the delegation
The delegation of Hungary was headed by H.E. Mr. László Trócsányi and composed of the following members:
H.E. Dr. Zsuzsanna HORVÁTH, Ambassador Extraordinary and Plenipotentiary, Permanent Representative of Hungary to the United Nations in Geneva;
H.E. Mr. István NAGY, Ambassador Extraordinary and Plenipotentiary of Hungary in Bern;
Mr. Zoltán Ádám KOVÁCS, Deputy State Secretary for International Cooperation, Ministry of Foreign Affairs and Trade of Hungary;
Ms. Ágnes HEVESI, Human Rights Ambassador, Deputy Head of Department for International Organizations, Ministry of Foreign Affairs and Trade of Hungary;
Mr. Balázs RÁTKAI, Human Rights Advisor, Department for International Organizations, Ministry of Foreign Affairs and Trade of Hungary;
Ms. Édua MINISKA, Head of Secretariat, Ministry of Foreign Affairs of Hungary;
Mr. Gergely PRŐHLE, Deputy State Secretary for International and European Union Affairs, Ministry of Human Capacities of Hungary;
Mr. Árpád MÉSZÁROS, Head of Department, Ministry of Human Capacities of Hungary;
Ms. Zsuzsa SEBESTYÉN, Equality Advisor, Ministry of Human Capacities of Hungary;
Mr. András MÁZI, Head of Department, Ministry of Justice of Hungary;
Mr. Zoltán TALLÓDI, Deputy Head of Department, Ministry of Justice of Hungary;
Mr. Gábor KALETA, Head of Department, Ministry of Justice of Hungary;
Mr. Tivadar RÉVFY, Deputy Head of Department, Ministry of Justice of Hungary;
Ms. Anikó RAISZ, Advisor, Ministry of Justice of Hungary;
Ms. Christine SIMONART, Advisor, Ministry of Justice of Hungary;
Ms. Viktória SZABÓ-PRINCZ, Advisor, Ministry of Justice of Hungary;
Mr. Péter STAUBER, Head of Department of European Cooperation, Ministry of Interior of Hungary;
Mr. Alex KAJTÁR, Interpreter, Ministry of Justice of Hungary;
Ms. Dorottya SLATER, Interpreter, Ministry of Justice of Hungary;
Mr. András SZÖRÉNYI, First Counsellor, Deputy Permanent Representative, Permanent Mission of Hungary to the United Nations in Geneva;
Ms. Anita SZILÁGYI, First Secretary, Permanent Mission of Hungary to the United Nations in Geneva.