7 1. The legal background of the NPM’s operation Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction. Furthermore, each State Party shall undertake to prevent in any territory under its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture.7 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 instruments According to the Fundamental Law, in Hungary, “rules for fundamental rights and obligations shall be laid down in an Act”.8 Legislation falls within the tasks and competences of the Parliament.9 International instruments stipulating the rules for fundamental rights and obligations shall be promulgated in an Act.10 1.2.1. UN documents According to Article 7 of the International Covenant on Civil and Political Rights, adopted on December 16, 1966, during the 21st Session of the UN General Asembly, promulgated by Lawdecree 8 of 197611, “no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” According to Article 37 of the Convention on the Rights of the Child, dated in New York on November 20, 1989, promulgated by Act LXIV of 1991, “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 offences committed by persons below eighteen years of age.” According to Article 15 of the Convention on the Rights of Persons with Disabilities, promulgated by Act XCII of 2007, “no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” “States Parties shall take all effective legislative, administrative, judicial or See Articles 2 and 16 of the UN Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) 8 See Article I, Paragraph (3) of the Fundamental Law. 9 See Article I, Paragraph (2)b) of the Fundamental Law. 10 See Section 9, Subsection (1) of Act L of 2005 on procedures related to international agreements. 11Prior to January 1988, the Presidium of the People's Republic (hereinafter the “PPR”) had the power of substitution for the Parliament in the field of legislation, with the proviso that it could not amend the Constitution or adopt legislation under the name "Act". Statutory-level legislation adopted by the PPR was called law-decree. Since the PPR’s abolishment, no law-decree may be adopted. Any law-decree still in force may be amended or repealed only through an Act. (See Clause IV/2 of Constitutional Court Decision 20/1994 (XII. 16.) AB) 7