1. THE ACTIVITIES AND ACHIEVEMENTS OF THE COMMISSIONER FOR FUNDAMENTAL RIGHTS AND HIS DEPUTIES IN 2019 17 the new rules of procedure pertaining to the establishment of Currently, Hungary is not yet party to the Optional Protocol to school readiness and of the beginning of compulsory educa- the Convention on the Convention on the Rights of the Child on tion. In the Ombudsman’s view, it is questionable whether the a Communications Procedure. It is thus a significant develop- requirements of their introduction are met by all the organs ment that upon the Commissioner’s appeal, the Minister of State concerned. The present situation increases the likelihood of of the Ministry of Human Capacities has indicated: they have be- improprieties related to the requirement of legal certainty and gun to prepare the decision necessary for Hungary’s accession the rights of the child. Furthermore, based on the numerous pe- to the Optional Protocol. The Ombudsman welcomed the fact in titions submitted to him, the Ombudsman launched an inquiry a statement that the competent ministry has started the prepara- in connection with the new regulation of the Act on National Public tion of the government decision on acceding the Optional Protocol. Education introduced as of 1 January 2020. The Ombudsman is expected to publish his inquiry report with a detailed analysis in the 1.8. third quarter of 2020. The work titled 30/Harminc – Jubileumi ombudsmankötet a Gyermekjogi Egyezmény tiszteletére (Thirty/30 – Anniversary Volume of the Ombudsman in Honour of the Convention on the Rights of the Child) was published by the Office of the Commissioner for Fundamental Rights on the 30th anniversary I HIGHLIGHTED CASES, INQUIRIES AND REPORTS RELATED TO THE RIGHTS PROTECTION ACTIVITY OF THE COMMISSIONER IN 2019 n conformity with the provisions of the CFR Act, the Commissioner for Fundamental Rights, in 2019 as well, paid of the adoption of the UN Convention on the Rights of the Child. In particular attention to the protection of the rights of the vulner- the title of the volume, the second “thirty” refers to the fact that able, children, persons with disabilities, the elderly, the sick, the the core of the text is constituted by the presentation of a consid- homeless and those existentially in need. erable number – 30 in total – of the Ombudsman’s reports pub- One of the inquiries concerned the problems of the enforce- lished recently in the field of child rights. This volume invites all ment proceedings related to the child’s handover. Following those interested in children’s rights and the Ombudsman’s work a complaint, the Commissioner uncovered that under the regula- to read and think about these issues, whether they are profes- tion in force, it is impossible to act promptly and in a child-centred sionals working for and with children or laypersons interested manner if one of the parents retains his/her child unlawfully, and in this topic. is unwilling to hand the child over to the other parent. In addition to reviewing the regulation, it is necessary to improve cooperation between the police, enforcers, and guardianship authorities, as well as to provide specific crisis management training. In 2019, the Commissioner once again dedicated special attention to the inspection of the operation and circumstances of children’s homes and special children’s homes. Children admitted temporarily or permanently into institutional care who have been taken away from their families or those left without a family are especially vulnerable, and the everyday enforcement of their rights is extremely difficult. In 2019, three important institutional inquiries were completed. Regardless of the type and location of the institutions, it was a general observation that essential staff and equipment that could guarantee the enforcement of the best interests of the child are missing, no attention is dedicated to special situations, and the proper education of children is not ensured. In relation to the prevention and handling of institutional abuse at kindergarten and school, two, interrelated inquiries Harminc/30 Jubileumi ombudsman-kötet a Gyermekjogi Egyezmény tiszteletére were conducted on the inadequate legal environment and worrisome practices. Focusing on one particular case respectively, these inquiries called attention to the fact that the institutional abuse of children at kindergarten and school is a serious violation of their rights: the practice which tolerates such behaviour, and procrastinates or closes the investigation of such cases must be fundamentally changed. Once again, the inquiries focused on how fundamental rights are enforced in the area of healthcare, be it in connection with