21
1. THE ACTIVITIES AND ACHIEVEMENTS OF THE COMMISSIONER FOR FUNDAMENTAL RIGHTS AND HIS DEPUTIES IN 2019
they permit the actual enforcement of economic interests, reduce the level of protection of locally protected natural areas,
and fundamentally change the procedural guarantees of protection.
The motion underlines that by way of derogation from the NATURA
2000 concept defined in EU law, the provisions narrow down the
historical
and social
context
international
environment
protection of forests belonging to this network, and they restrict the
possibility of enforcing nature protection requirements aimed at the
protection of natural values in a way unjustifiable by the necessity–
proportionality test.
1.10. THE FOCAL POINTS OF
THE ACTIVITY OF THE DEPUTY
COMMISSIONER FOR
FUNDAMENTAL RIGHTS,
OMBUDSMAN FOR THE RIGHTS OF
NATIONAL MINORITIES IN 2019
Ombudsman
for the Rights
of National
Minorities
legislation
on equal
treatment
Fundamental
Law of Hungary
legal
regulations on
nationality
rights
Roma communities have followed a different development
curve than other national minorities, with an additional, distinctive dimension. As members of a national minority, Roma people
are entitled to the special rights provided by cultural autonomy.
However, in practice, they are able to enforce them only to a limited
extent, due to the poverty, vulnerability and negative discrimination affecting the members of this community more than other
groups of the society. There are five areas that pose a particularly
serious challenge in their case: education, employment, housing,
Prof. Dr. Elisabeth Sándor-Szalay, Ombudsman
for the Rights of National Minorities
healthcare, and the unique situation of Roma women, leading to
multiple discrimination. Consequently, in the case of the Roma,
besides the enforcement of nationality rights, ensuring equal
treatment and the implementation of special equal opportunity
1.10.1. GENERAL OBSERVATIONS ABOUT THE AREA
OF THE RIGHTS OF NATIONAL MINORITIES
AND THE PROFESSIONAL ACTIVITIES OF THE
DEPUTY COMMISSIONER FOR FUNDAMENTAL
RIGHTS, OMBUDSMAN FOR THE RIGHTS OF
NATIONAL MINORITIES
programmes are key priorities even today.
With a view to monitoring the efficient operation of the area
of nationality rights, and to remedying potential regulatory and
implementation anomalies, the existence of special monitoring
mechanisms – having the appropriate means, expertise and intervention potential – is indispensable.
The area of nationality rights is one of the most complex segments of the Hungarian legal system. The specificities of the national minority communities living in Hungary, their lack of geo-
regulation
graphical concentration in particular, have led to the prevalence
of the concept of personal autonomy based on the system of nationality self-governments, and the network of the cultural and
educational institutions maintained by them. The solid historical
and broad social foundations of this area of law, as well as the generous funding and infrastructural environment, are coupled with
a continuous and dynamic ability for renewal. It is a sensitive and
strong regulatory environment at the same time, which serves
as a cornerstone for the unobstructed enforcement of the rights
and interests of nearly one million individuals belonging to
a national minority.
monitoring
implementation
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