10 1. The legal background of the operation and the budget of the National Preventive Mechanism The State shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.8 1.1. The Fundamental Law of Hungary - No one shall be subject to torture, inhuman or degrading treatment or punishment, or held in servitude. /Article III, Paragraph (1) of the Fundamental Law/ - No one shall be expelled or extradited to a State where he or she would be in danger of being sentenced to death, being tortured or being subjected to other inhuman treatment or punishment. /Article XIV, Paragraph (2) of the Fundamental Law/ 1.2. International treaties According to the Fundamental Law, in Hungary, the “rules for fundamental rights and obligations shall be laid down in an Act.” 9 Acts shall be adopted by the Parliament. 10 International treaties containing rules pertaining to fundamental rights and obligations shall be promulgated by an act.11 1.2.1. UN instruments Pursuant to Article 7 of the International Covenant on Civil and Political Rights, adopted by the 21st Session of the UN General Assembly on December 16, 1966, promulgated by Law-decree 8 of 1976,12 “no one may be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” From the aspect of performing tasks related to the National Preventive Mechanism, Article 10.1 of the Covenant, stipulating that “all persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person,” has special significance. According to Article 37 of the Convention on the Rights of the Child, signed in New York on November 20, 1989 (hereinafter the “UN Convention on the Rights of the Child”), promulgated by Act LXIV of 1991, the States Parties shall ensure that “no child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offenses committed by persons below eighteen years of age.” Pursuant to Article 15 of the Convention on the Rights of Persons with Disabilities (hereinafter the “CRPD”), promulgated by Act XCII of 2007, “no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” The “States Parties shall take all effective legislative, administrative, judicial or other measures to prevent persons with disabilities, on an equal basis with others, from being subjected to torture or treatment or punishment.” See Article 2 of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, promulgated by Law-decree 3 of 1988 9 See Article I(3) of the Fundamental Law 10 See Article 1(2)b) of the Fundamental Law 11 See Section 9, Subsection (1) of Act L of 2005 on the procedure related to international treaties 12 Before January 1988, in the field of legislation, the Presidium of the People’s Republic (hereinafter the “Presidium”) had the power of substitution as regards the Parliament, with the exceptions that it could not amend the Constitution or adopt any source of law named “act”. Statutory-level legal sources adopted by the Presidium were called law-decrees. No law-decree may be adopted since the abolishment of the Presidium. Prevailing law-decrees may be amended or repealed only by an act. /See Clause IV/2 of Constitutional Court Decision 20/1994 (IV. 16.) AB/ 8