46 on Hungary the World Health Organization (WHO) pointed out that elderly people should be taken care of in wards set up especially for them. I recommended to the Minister of Human Capacities to prepare the legal framework for providing elderly patients with various forms of care that could contribute to eliminating the practice of providing care to the elderly in the hospitals’ psychiatric wards, within the framework of acute care. 9.5. Protecting the ethnic rights of people deprived of their liberty In my activities I pay special attention to protecting the rights of nationalities living in Hungary. To this end, my Deputy responsible for the protection of the rights of the nationalities living in Hungary has to delegate on of her colleagues to the staff of the NPM.122 In Hungary, declaring ethnic affiliation is an exclusive and unalienable right; however, as a general rule, no one may be forced to declare such affiliation. The NPM has no records whatsoever based on which the ethnic affiliation of persons deprived of their liberty could be established. In the course of the NPM’s visits, the examination of the enforcement of national minority rights focused primarily on discrimination. On the one hand, persons deprived of their liberty made statements on their ethnic affiliation and as to whether they had suffered any discrimination because of such affiliation freely, of their own volition. On the other hand, in the course of interviews conducted with the members of the personnel, the staff’s perceptions vis-à-vis any person deprived of his/her liberty or group of persons deprived of their liberty were sufficient to establish discrimination. Treating a given person or a group of persons on the basis of a presumed trait constitutes discrimination in itself. From the aspects of prohibiting and preventing ill-treatment, persons deprived of their liberty are entitled to the same rights irrespective of their ethnic background. In the course of the visits conducted in 2015, my colleagues learned of several incidents of prejudice against Roma detainees, manifested primarily through discriminative language. 122 See Section 39/D, Subsection (4) of the Ombudsman Act

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