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Act LIX of 1993 on Parliamentary Commissioners provided for
They ensure high-level protection, thus correspond to the na-
four Ombudsman positions, including that of the Parliamentary
tional specificities and meet the requirements deriving from our
Commissioner for the Rights of National and Ethnic Minorities.
international commitments. At the same time, anomalies of law
After nearly twenty years of efficient and successful cooperation,
application are frequent in connection with the detailed rules, and
due to a conceptual change in policy and parallel to the abolish-
in certain areas such as the administration of nationality self-gov-
ment of a separate commissioner’s post, the position of the Deputy
ernments, education, funding, and the exercise of cultural and lin-
Commissioner for Fundamental Rights, Ombudsman for the
guistic rights, some structural problems can also be noted.
Rights of Nationalities Living in Hungary – commonly known as
the Minority Ombudsman – was created as of 1 January 2012.
Key responsibilities of the Deputy Commissioner at the
Office of the Commissioner for Fundamental Rights:
regularly inform the Commissioner for Fundamental Rights, the
institutions concerned and the public of his/her experience regarding
the enforcement of the rights of nationalities living in Hungary,
draw the attention of the Commissioner for Fundamental Rights, the
institutions concerned and the public to the danger of infringement of
rights affecting nationalities living in Hungary,
propose that the Commissioner for Fundamental Rights
institute proceedings ex officio,
Due to the above, the portfolio of the Deputy Commissioner
for Fundamental Rights, Ombudsman for the Rights of National
Minorities comprises classical nationality rights cases which
demand complex, comprehensive, and substantial legal abstraction and broad professional expertise, as well as complex
petitions related to equal treatment and equal opportunities,
which uncover the anomalies of jurisprudence in the first place,
and require an interdisciplinary knowledge in law, sociology,
social work and mental hygiene.
The core activities of the Deputy Commissioner are con-
participate in the inquiries of the Commissioner
for Fundamental Rights,
stituted by the practical examination of the enforcement of
propose that the Commissioner for Fundamental Rights
turn to the Constitutional Court,
conclusions of which are briefly presented below for the year
legislation relating to nationalities and equal treatment, the
2019. Her other main field of activity, i.e. broad-ranging national
comment on the Government’s social inclusion strategy
and monitor the implementation of objectives thereof
concerning nationalities living in Hungary,
and international liaising, will be presented in detail in Chapter
2.6 The Deputy Commissioner for Fundamental Rights,
propose the adoption and amendment of legislation
on the rights of nationalities living in Hungary, and
Ombudsman for the Rights of National Minorities in the na-
promote, through his/her international activities, the presentation
of the merits of domestic institutions related to the interests
of nationalities living in Hungary.
In the first six-year term of her mandate, between 2013 and
2019, the Deputy Commissioner handled 1,966 complaints, of
which she had closed 1,866 cases by 1 January 2020. In 1,515
cases, she took substantive actions, and in half of the latter, in
addition to investigating the problem and taking legal measures,
she also played a role as a mediator with a view to resolving and
handling the matters concerned.
In general, it can be affirmed that based on the Deputy
Commissioner’s practice, both the dogmatic background and the
text of the fundamental regulation relating to the rights of national minorities and equal treatment are properly elaborated.
tional and international arena.
1.10.2. T
HE RECENT PROFESSIONAL TASKS OF THE
DEPUTY COMMISSIONER FOR FUNDAMENTAL
RIGHTS, OMBUDSMAN FOR THE RIGHTS
OF NATIONAL MINORITIES REGARDING
INDIVIDUAL AND COMPREHENSIVE CASES
With respect to the area of nationality rights, the year 2019 was
a period of stocktaking and (re)planning, thus it was primarily
about strategic decisions and the accompanying processes. Our
attention was focused on changes affecting three different areas, which are, however, fundamental for the rights enforcement
discrimination
due to nationality
education and training
housing and social problems
criminal matters,
misdemeanours, criminal justice
equal treatment and
equal opportunities
Ombudsman for the
Rights of National
Minorities
nationality self-governments
nationality rights
elections and census
public employment
nationality culture,
media, theatre
healthcare, public services
hate speech, hate crimes
human rights education, training and awareness-raising flagship events
REPORT ON THE ACTIVITIES OF THE COMMISSIONER FOR FUNDAMENTAL RIGHTS OF HUNGARY AND HIS DEPUTIES – 2019
individual and collective use of
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