33/9 Report of the Working Group on the Universal Periodic Review - Hungary

GE.16-11654 (E) 220716



Human Rights Council Thirty-third session

Agenda Item 6

Universal periodic review

Report of the Working Group on the Universal Periodic Review*

Hungary

* The annex is being circulated in the language of submission only.

United Nations A/HRC/33/9

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Contents

Page

Introduction ................................................................................................................................... 3

I. Summary of the proceedings of the review process ...................................................................... 3

A. Presentation by the State under review ................................................................................. 3

B. Interactive dialogue and responses by the State under review .............................................. 5

II. Conclusions and/or recommendations ........................................................................................... 13

Annex

Composition of the delegation ...................................................................................................... 27

GE.16-11654 3

Introduction

1. The Working Group on the Universal Periodic Review, established in accordance

with Human Rights Council resolution 5/1, held its twenty-fifth session from 2 to 13 May

2016. The review of Hungary was held at the 6th meeting on 4 May 2016. The delegation

of Hungary was headed by the Minister of Justice, László Trócsányi. At its 13th meeting,

held on 10 May 2016, the Working Group adopted the report on Hungary.

2. On 12 January 2016, the Human Rights Council selected the following group of

rapporteurs (troika) to facilitate the review of Hungary: Nigeria, Panama and the United

Kingdom of Great Britain and Northern Ireland.

3. In accordance with paragraph 15 of the annex to Human Rights Council resolution

5/1 and paragraph 5 of the annex to Council resolution 16/21, the following documents

were issued for the review of Hungary:

(a) A national report submitted/written presentation made in accordance with

paragraph 15 (a) (A/HRC/WG.6/25/HUN/1);

(b) A compilation prepared by the Office of the United Nations High

Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b)

(A/HRC/WG.6/25/HUN/2);

(c) A summary prepared by OHCHR in accordance with paragraph 15 (c)

(A/HRC/WG.6/25/HUN/3).

4. A list of questions prepared in advance by Afghanistan, Belgium, the Czech

Republic, Germany, Liechtenstein, Mexico, the Netherlands, Norway, Slovenia, Spain,

Sweden, Switzerland and the United Kingdom of Great Britain and Northern Ireland was

transmitted to Hungary through the troika. These questions are available on the extranet of

the universal periodic review.

I. Summary of the proceedings of the review process

A. Presentation by the State under review

5. The Minister of Justice stated that Hungary attached particular importance to the

universal periodic review mechanism and was committed to protecting and fulfilling all of

its human rights international obligations.

6. The delegation recalled that, in conformity with its open invitation, Hungary had

received six visits of special procedure mandate holders since its first review, had

responded to all of their letters had submitted reports on time to three treaty bodies, was

making every effort to submit its overdue reports and had presented, in May 2014, a mid-

term report on the universal periodic review, on the implementation of the

recommendations received in 2011.

7. In 2012, Hungary had acceded to the Optional Protocol to the Convention against

Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and, in January

2015, the office of the Commissioner for Fundamental Rights had become the National

Preventive Mechanism called for in the Optional Protocol. Hungary had acceded to or was

in the process of ratifying several European human rights instruments, and the Government

had continued to incorporate its international obligations in its national legislation.

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8. The new Fundamental Law had come into force in January 2012, which enshrined

that human rights are inalienable, interdependent and indivisible. Hungary remained a

parliamentary democratic republic. Several cardinal laws requiring a qualified majority had

been adopted relating to the Commissioner for Fundamental Rights, the Constitutional

Court, the legal status and remuneration of judges and to such major human rights issues as

freedom of information, the prosecution service, freedom of conscience and religion and

the legal status of churches.

9. The national human rights institution had been strengthened and unified and, in

December 2014, had received A status from the Global Alliance of National Human Rights

Institutions. Furthermore, the national architecture for the protection of fundamental rights

had been perfected with the establishment of the National Authority for Data Protection and

Freedom of Information and by the Equal Treatment Authority.

10. One of the outcomes of the first review cycle had been the establishment in 2012 of

an interministerial human rights working group with an advisory nature. The working group

had established a round-table group to facilitate consultations with civil society

organizations. For instance, the draft national report prepared by the Government for its

second universal periodic review cycle had been circulated among the members of the

round-table group for observations, which were subsequently incorporated into the final

version of the report. As a signature engagement, the Government of Hungary had

organized since 2008 the Budapest Human Rights Forum to diffuse knowledge and raise

awareness about human rights.

11. The Government had embarked on a comprehensive reform of the penal system to

bring it into line with international law. In that context, a new criminal code had entered

into force in July 2013 based on four principles: efficiency, consistency, simplicity and

modernity, supplemented with severity in the case of repeat offenders, and a preventative

approach for first offenders.

12. The legislation on penal execution had been reviewed to, inter alia, integrate several

recommendations from the European Committee for the Prevention of Torture and Inhuman

or Degrading Treatment or Punishment. Furthermore, following the ruling of the European

Court of Human Rights in László Magyar v. Hungary, the Government had authorized the

possibility of revising life imprisonment sentences.

13. The delegation noted that the Ministry of Justice was in the process of amending the

Law on Criminal Procedures to incorporate, among other provisions, the protection of the

procedural rights of vulnerable groups and the effective regulation of covert operations and

secret surveillance.

14. With regard to equality and non-discrimination, the delegation stated the new

Fundamental Law contained a comprehensive definition of discrimination. And, following

the concluding observations of the Committee on the Elimination of Discrimination against

Women, the new Penal Code introduced a legal provision criminalizing domestic violence,

including psychological violence.

15. The Government had established a policy of zero tolerance against xenophobia and

racism. Anti-Semitic and Anti-Roma statements had been officially denounced by the

Government and had triggered legislative revisions. For instance, the rules of procedure of

Parliament concerning hate speech had been hardened and the Chair has a wider

disciplinary authority, including the ability to request the exclusion of a member of

parliament from a session and impose fines if he or she uses expressions against national,

ethnic or religious groups or individuals. Moreover, an advisory group composed of hate

crimes specialists had been established in 2012.

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16. The denial of the Holocaust (Jewish and Roma) had also been criminalized in the

Penal Code, with penalties of up to three years of imprisonment.

17. The Minister of Justice acknowledged that, since 2015, Hungary had been facing,

with other European countries, a migration crisis without precedent. Hungary had done its

best to find a balance between the respect of humanitarian law and the protection of the

national public order, which was a very complex task. It was in that context that the

Government had approved several measures to strengthen the protection of borders and

improve the system of asylum, in compliance with international standards.

18. In concluding, the delegation noted that several changes had been introduced in the

Criminal Code to consolidate the protection against smuggling in human beings. The most

recent amendments had been aimed at curbing the activities of cross-border organizations

associated with the migration crisis.

B. Interactive dialogue and responses by the State under review

19. During the interactive dialogue, 86 delegations made statements. Recommendations

made during the dialogue are to be found in section II of the present report.

20. Lebanon welcomed the adoption of a new Constitution and commended the interest

showed by Hungary in protecting rights of ethnic communities.

21. Sweden stated that, since 2010, the ruling party had made major changes that had

gradually removed checks on the executive branch.

22. Switzerland was concerned at the measures taken by Hungary limiting access to the

asylum procedure.

23. Tajikistan noted the adoption of a number of laws as a basis of a national strategy

for the protection and upholding of human rights.

24. Thailand noted the widespread privatization of health services and urged the

Government to ensure its policy did not affect access to quality health care.

25. The former Yugoslav Republic of Macedonia welcomed the ratification of the

Optional Protocol to the Convention against Torture and encouraged authorities to continue

efforts to tackle disbanded organizations targeting Roma.

26. Timor-Leste welcomed the establishment of an interministerial human rights

working group responsible for monitoring human rights.

27. Togo appreciated the full cooperation with special procedure mandate holders and

welcomed the establishment of a national preventive mechanism.

28. Turkey remained concerned about the living and detention conditions of refugees,

asylum seekers and migrants and underlined the importance of combating human

trafficking.

29. Ukraine commended the adoption of the new Constitution and human rights

strategies, including on social equality of men and women.

30. The United Arab Emirates welcomed measures to protect minorities from hate

crimes and to combat incitement to religious hatred.

31. The United Kingdom of Great Britain and Northern Ireland encouraged Hungary to

ensure that implementation of new measures contribute to greater transparency.

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32. The United States of America was deeply concerned that the Government of

Hungary had taken steps that had eroded checks and balances and centralized executive

power.

33. Uruguay welcomed the adoption of the new Constitution in 2012, and steps taken on

integrating minorities, although challenges persisted.

34. Albania commended Hungary on the adoption of a specific legal provision in line

with the concluding observations of the Committee on the Elimination of Discrimination

against Women concerning domestic violence.

35. The Philippines expressed concern about reported violation of human rights of

migrants and called for international assistance to be given to Hungary.

36. Argentina noted actions taken to end domestic violence and encouraged Hungary to

continue adopting measures for this purpose.

37. Australia welcomed the establishment of the Commissioner for Fundamental Rights

and encouraged Hungary to continue supporting it.

38. Austria expressed concern about allegations of undue government interference with

political media coverage and lack of an effective strategy to counter the increase recourse to

hate speech in Hungary.

39. Azerbaijan welcomed the accession to the Optional Protocol to the Convention

against Torture and appreciated the work done by Hungary in implementing social

protection programmes for victims of trafficking.

40. Bahrain commended the intention of Hungary to criminalize domestic violence but

was concerned that there had been no similar condemnation of other forms of violence.

41. Bangladesh expressed concern that the current level of official development

assistance (ODA) remained low in Hungary despite the efforts to increase ODA

contributions.

42. Belarus was satisfied by the adoption of a national strategy on human trafficking and

the implementation of youth-oriented preventive programmes.

43. Belgium commended Hungary for the measures it had taken to fight discrimination

against women and noted that several reports had mentioned that patriarchal attitudes and

stereotypes persisted in Hungarian society.

44. Bosnia and Herzegovina welcomed the ratification of the Optional Protocol to the

Convention against Torture and expressed concern over constant low representation of

women in decision-making processes.

45. The delegation stated that, on the independence of the Constitutional Court and the

judiciary, new laws had been enacted that were being reviewed with the representatives of

the European Commission. It stated that the Court had very similar rights to the rights of

the German Constitutional Court and that, since 2012, in more than 100 cases, the Court

had declared some of the laws it had examined to be unconstitutional and overruled some

judicial decisions. That had proved that the Constitutional Court was a real and genuine

controller of the legislative and executive branches in Hungary. The delegation underscored

the independence of the Court.

46. Regarding the administration of the judiciary, a new system had been created in

which the National Office for the Judiciary and the National Council of Justice were jointly

overviewing and supervising the judicial branch, which demonstrated the absolute

independence of the judicial branch.

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47. The delegation highlighted that access to public data was rarely rejected — only if

there was a national security issue — otherwise data had to be provided. It stressed that,

from the point of view of checks and balances concerning the independence of the judiciary

and access to public data, Hungary was very transparent.

48. The delegation underscored that, in the context of migration, there was a joint

responsibility of the international community, so a solution should be found where all the

parties were partners. According to the Fundamental Law of Hungary, the right of asylum

was provided to all asylum seekers. Hungary was the only country that registered over

200,000 people at its borders. The Hungarian public administration system was willing to

handle those asylum applications. However, the majority of the asylum seekers had actually

left the country shortly after applying for asylum. Hungary had not closed its borders per se,

but, in order to protect the external borders of the Schengen area, it had established transit

zones, within which asylum claimants could enter Hungary, provided their claim had been

accepted.

49. The delegation reported that vulnerable groups had always been allowed entry. It

pointed out that, in the transit zones, the Hungarian Red Cross and non-governmental

organizations had been present, having received financial support from the Government to

make sure that those refugees would be taken care of. In the transit zones, accommodation,

medical care and catering had been provided. Hungary operated open reception centres.

The delegation underscored that, for the implementation of asylum detention, there had

been detention centres, not prisons, and that detention had only applied as a last resort (1.35

per cent of asylum seekers had actually been held in detention centres in 2015). The

delegation mentioned there was room for improvement. It explained that old international

legal frameworks had often been not easy to comply with; therefore, Hungary had been a

very active party in various debates concerning the future legal framework and regulation

on migrants.

50. Botswana noted measures to combat domestic violence and expressed concern about

reports of continued discrimination of women belonging to national minorities.

51. Brazil was concerned with reports on denial of asylum applications after the

adoption of a new law stipulating a list of safe countries.

52. Bulgaria appreciated the establishment of the office of the Ombudsman and the

creation of an interministerial human rights working group.

53. Canada remained concerned at reports of intimidation and reprisals against human

rights defenders.

54. Chad welcomed the adoption of a new Constitution and the establishment of a

working group on human rights.

55. Chile appreciated the efforts made by Hungary in fighting discrimination against

Roma and highlighted the National Strategy to promote gender equality.

56. China noted the measures taken by Hungary in protecting minorities and promoting

social inclusion.

57. Colombia noted the measures adopted by Hungary to prevent and combat human

trafficking and discrimination against women.

58. Croatia commended campaign for children, parents and teachers to promote

responsible Internet use for children, aiming to tackle the protection of personal data and

the prevention of cyberbullying.

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59. Cuba welcomed measures towards the equal rights of persons with disabilities and

noted problems concerning racism, intolerance and hate speech across the political

spectrum.

60. The Czech Republic thanked the delegation for its informative presentation.

61. Ecuador was concerned about gender discrimination and mistreatment by security

agents against Roma, national minorities and non-citizens, including children.

62. Egypt welcomed, inter alia, strengthened guarantees of judicial independence and

support for further independence and effectiveness of the national human rights institution.

63. Ethiopia commended the delegation for the annual Budapest Human Rights Forum

and the commitment of the Government in establishing an interministerial working group.

64. Finland emphasized the importance of guaranteeing the right to equal education for

Roma children. It expressed concern that Hungary was constructing a system in which the

majority of refugees would be denied access to the territory of the European Union as a

result of automatic rejections of asylum applications at the border.

65. France welcomed the Hungarian delegation and made recommendations.

66. Georgia commended Hungary for ratifying the Optional Protocol to the Convention

against Torture and for the establishment of a national preventive mechanism.

67. While seeing persisting shortcomings in Hungary, Germany welcomed the

ratification of the Optional Protocol to the Convention against Torture and of the Firearms

Protocol.

68. Ghana noted the adoption of a new Constitution providing a comprehensive

legislative framework, which demonstrated the commitment to implement its international

obligations.

69. Greece welcomed the progress made by Hungary in the field of human rights since

its first review, particularly the ratification of the Optional Protocol to the Convention

against Torture.

70. Guatemala acknowledged the progress made by Hungary in strengthening human

rights through national strategies in a number or areas.

71. The Holy See welcomed measures taken to prevent and combat trafficking in

persons and commended the endeavours to enhance the social security of families.

72. Honduras welcomed the endorsement of the National Strategy against human

trafficking 2013-2016, the law on detention of victims of trafficking and the ratification of

the Optional Protocol to the Convention against Torture.

73. Iceland deeply regretted recent amendments to the Hungarian Criminal Code that

made it an offence to enter the country through the border fence. It was also concerned at

the persistence of xenophobic attitudes and hate crimes towards Roma.

74. On hate speech, the delegation asserted that, until 1989, the country had been

governed by a communist dictatorship under which people had no chance to express

themselves freely and, at the time of the change of regime, a decision had been made to

introduce a very wide definition of the freedom of expression. It was almost an absolute

right, so there was only a very limited area of limitation. Various legal acts had dealt with

this issue, but the Constitutional Court exercised its criticism in connection with the

limitation of the freedom of expression. Nevertheless, in 2011, when the new Fundamental

Law was adopted, a very important principle had been included, which was the principle of

the dignity of communities. Consequently, when freedom of expression was exercised it

GE.16-11654 9

could never harm the dignity of any community, giving the chance to fight against hate

speech.

75. The new Civil Code of 2014 entitles any member of a community to enforce his

personality rights in the event of a false and malicious statement made in public at large for

being part of the Hungarian nation or of a national, ethnic, racial or religious group. The

application of the Criminal Code was the ultima ratio, but racism-motivated hate speech

needed to be combated. The delegation noted that, after the adoption of the new

Fundamental Law, an act regarding paramilitary organizations had also been adopted that

made it a criminal offence to organize other people against a particular community. The

delegation considered that civil society could also operate as a sort of alarm system, with

the support from the Government to do so.

76. On the migration issue, the delegation explained that — while taking into account

the 1951 Convention relating to the Status of Refugees — according the Schengen

agreement, any irregular migrant could be sanctioned. In that regard, the issue of safe third

countries should be taken into account, and Hungary considered Serbia to be a safe country

because the lives of individuals were not at risk there. The delegation also explained it was

very difficult to control people coming through the green border and that was why transit

zones had been established where people could enter its territories in a regular way. All the

applications and procedures had been launched in connection with those who had entered

Hungarian territories through the transit zones, while medical help and legal assistance had

been provided.

77. The delegation indicated that efforts against human smugglers were of major

importance, as was the criminalization of acts in connection to human smuggling, referring

to stories about people dying in trucks. It expressed its intention to cooperate with the

Office of the Unite Nations High Commissioner for Refugees and to address the situation

of children and unaccompanied minors.

78. The delegation asserted that religious diversity and religious tolerance had a long

tradition in Hungary. There was no prejudice against Islam in Hungary and such acts had

no historical context. In Hungary, over 1,000 Muslim university students received a State

grant, enjoyed absolute protection and experienced the tolerant side of Hungarian society

on a daily basis. The delegation stated that Hungary was home to the third largest Jewish

community in the European Union.

79. The delegation stated that Hungary was very diverse regarding ethnic and national

minorities, 13 of which were registered as having the right of self-governance. In 2011,

during its presidency of the European Union, Hungary initiated the European Roma

Strategy, which continued through the Hungarian National Social Inclusion Strategy and

aimed to ensure that, in the areas such as education, housing and health care, the Roma

minority was supported in order to be a fully integrated group in Hungarian society.

Hungary was against segregation, and the delegation pointed out that, in 2014, a medium-

term strategy had been established to combat segregation and integrate Roma into

mainstream society, including measures concerning early school-leaving and school drop-

outs.

80. The Government considered policy concerning the family, women and the

protection of children as one integral issue. Women were enabled to reintegrate into the

labour force after giving birth. Although there were no female ministers in the Government,

there were several female State Secretaries and many women working in senior positions in

the governmental and non-governmental sectors.

81. Full protection to the rights of children was provided and the Ombudsman had a

very unique set of tools. The office of the representative for children’s rights had been

10 GE.16-11654

created, which could be contacted directly by children and had the right to intervene in

educational institutions and the education system.

82. Regarding violence against women, the delegation recalled that new crisis centres

had been created to support victims and considered it a very important task to ratify the

Council of Europe Convention on Preventing and Combating Violence against Women and

Domestic Violence (the Istanbul Convention).

83. India noted with concern that the amendment to the Law on Freedom of Information

had undermined the right to information in Hungary.

84. Indonesia appreciated the adoption of a new Constitution on fundamental human

rights and the establishment of the interministerial human rights working group.

85. The Islamic Republic of Iran thanked Hungary for the statement delivered on the

human rights achievements since the first review cycle.

86. Iraq called upon Hungary to continue efforts undertaken to develop care

programmes targeting children and the elderly and to continue combating racism and hate

crimes.

87. Ireland noted with concern the introduction of increasingly restrictive regulations on

accreditation and funding of civil society organizations. It was concerned about reports of

threats and harassment of human rights defenders in Hungary.

88. Italy welcomed the creation of the subcommittee on women’s dignity as an

important step in combating violence against women in Hungary.

89. Japan was concerned at reports that the media had been subjected to restrictions and

political interference under the new Media Act and welcomed revisions to that Act.

90. Kazakhstan welcomed the comprehensive criminal law reform, the ratification of the

Optional Protocol to the Convention against Torture and the strengthening of the

Ombudsperson system.

91. The Lao People’s Democratic Republic welcomed efforts to implement the

recommendations accepted during the previous review cycle and commended Hungary for

the adoption of the new Constitution.

92. Latvia was alarmed by some of the preliminary observations of the Special

Rapporteur on the situation of human rights defenders in Hungary.

93. The State of Palestine welcomed a number of positive results that had been achieved

by Hungary in ensuring the rights and equal opportunities for persons with disabilities.

94. Libya noted with deep satisfaction the progress that had been achieved by Hungary

since the first review cycle.

95. Lithuania commended steps towards combating hate crimes by adopting new

legislation that criminalizes the violation of dignity of any national, ethnic, racial or

religious community.

96. Malaysia noted advances in human rights protection and stated that additional focus

could be given in areas such as gender equality, combating racial discrimination and the

rights of migrants.

97. Maldives appreciated the midterm report that had been submitted by Hungary and

encouraged it to take a human rights-based approach in dealing with refugees.

98. Mexico acknowledged the efforts that had been made by Hungary to increase the

well-being of persons with disabilities and the recent adoption of a strategy to provide

alternatives to the institutionalization of persons with mental disabilities.

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99. Mongolia underscored the strengthening by Hungary of the Constitutional Court and

Ombudsman system, in connection with the new Constitution.

100. Montenegro noted the concerns of the Committee on the Elimination of

Discrimination against Women regarding women belonging to minorities, who had been

the subject of discrimination and ill-treatment by Hungarian law enforcement officials.

101. Morocco commended Hungary for the adoption of a new Constitution, which

includes new legislative texts, and for acceding to the Optional Protocol to the Convention

against Torture.

102. Namibia noted the establishment of the subcommittee on women’s dignity with

security of women and combating domestic violence as priority tasks.

103. The delegation stated that Hungary had a very diverse media that was in the majority

of cases privately owned, and that an independent media authority was in place. In 2010, a

new Media Act had been adopted and, as a result of negotiations and consultations with the

Council of Europe and the European Commission, the Act had been amended in 2012. In

2015, the Act had been reviewed by the European Commission, which had come to the

conclusion that some positive steps had been taken since 2011. Regarding the Media

Council, its members were elected and appointed by Parliament and their mandate lasted

for one parliamentary cycle.

104. Sanctions could be applied, for example, in the case where a minor is harassed on a

media organ, or in the case of hate speech, or if the media is unbalanced. The delegation

considered the Media Act to be in compliance with international standards, but

acknowledged that that was open to discussion.

105. On the relationship with non-governmental organizations and civil society, the

delegation indicated that civil society played a crucial role in public life and in the

justification of public decisions. Civil society had room for criticizing the Government. The

delegation underscored that the Government evaluated these critical comments and it

encouraged dialogue, recalling the human rights working group, where various round-table

discussions had been carried out. The delegation believed that, in the legislative procedure,

non-governmental organizations had the chance to deliver their opinions.

106. The International Criminal Court was of major importance to Hungary, as it had

been one of the countries that supported and ratified its Rome Statute.

107. In certain areas, addressing segregation represented a larger challenge for which it

was important to adopt finely tuned measures, including collaboration with Roma

organizations and churches.

108. According to the new Fundamental Law, Hungary had a new principle on persons

with disabilities providing protection for their independent living. The delegation recalled

the amendment of the Civil Code, which reinforced the rights of persons with disabilities.

The Convention on the Rights of Persons with Disabilities would be implemented with the

best possible effort.

109. It was important to address issues relating to the lesbian, gay, bisexual and

transgender community in the context of hate speech, in order to criminalize such acts

against lesbian, gay, bisexual and transgender persons. The delegation considered Hungary

to be in the middle ground in terms of acknowledging the rights of lesbian, gay, bisexual

and transgender persons.

110. The Netherlands noted there was room for improvement on prohibiting domestic

violence and marital rape and encouraged Hungary to undertake further action towards free

media laws.

12 GE.16-11654

111. Nigeria commended the efforts concerning Roma and on extreme poverty and

expressed concern about the alleged disproportionate use of force against migrants and

refugees.

112. Norway acknowledged the efforts to combat hate speech and hate crime.

113. Pakistan commended recent legislations and the cooperation with the Council and

treaty bodies and expressed hope that an appropriate response would be made regarding the

migrant and refugee crisis.

114. Peru expressed its appreciation to Hungary for the measures taken to improve the

socioeconomic conditions of families.

115. Algeria welcomed the organization since 2008 of a forum on human rights in

Budapest and invited Hungary to consider ratifying the International Convention on the

Protection of the Rights of All Migrant Workers and Members of Their Families.

116. Poland commended Hungary for upholding its standing invitation to special

procedure mandate holders.

117. Slovenia noted the positive impact of the Budapest human rights forum, welcomed

steps to promote the rights of the Slovenian minority and inquired about the implementation

of the recommendations of the Committee on the Elimination of Discrimination against

Women.

118. The Republic of Korea noted the improved human rights infrastructure and

protection of vulnerable groups resulting from the follow-up to the previous review cycle.

119. The Republic of Moldova commended the creation of the Ombudsman and

enhancement of child-friendly administration of justice and expressed concern about the

lowered age of criminal responsibility.

120. Romania expressed appreciation for the measures taken by Hungary to protect the

rights of persons of national minorities.

121. The Russian Federation welcomed the efforts made by Hungary in implementing the

second action plan for the period 2015-2017 aimed at improving the conditions of people

living in extreme poverty.

122. Senegal welcomed the restructuring of the Constitutional Court and the creation of

the Republic Mediator.

123. Sierra Leone encouraged Hungary to raise the age of criminal responsibility and

urged it to maintain a more humane asylum-seeking process.

124. Portugal welcomed the ratification of the Optional Protocol to the Convention

against Torture and the significant steps towards gender equality and commended it on the

establishment of the interministerial human rights working group.

125. South Africa expressed concern about continued discrimination against women of

ethnic minorities.

126. Spain recognized the adoption of legislation to tackle more effectively gender

violence and welcomed the involvement of Hungary in the integration of persons with

disabilities in the labour market.

127. The delegation of Hungary welcomed the recommendations and contributions,

underscoring the importance it gave to cooperation with the United Nations and the Human

Rights Council. It highlighted its commitment to the promotion of human rights and

expressed its will to apply for membership of the Human Rights Council for the period

2017-2019. It stated that it would take home all of the recommendations and contributions

GE.16-11654 13

and would inform the Working Group on the Universal Periodic Review of those

recommendations it could support. The delegation stated that human rights mechanisms

always had room for improvement and Hungary would try to implement its pending

obligations.

II. Conclusions and/or recommendations

128. The recommendations formulated during the interactive dialogue/listed below

will be examined by Hungary, which will provide responses in due time, but no later

than the thirty-third session of the Human Rights Council, in September 2016:

128.1 Widen the scope of international obligations through accession to the

remaining international treaties, such as the International Convention on the

Protection of the Rights of All Migrant Workers and Members of Their

Families, the International Convention for the Protection of All Persons from

Enforced Disappearance, the Optional Protocol to the Convention on the

Rights of the Child on a communications procedure and the Optional Protocol

to the International Covenant on Economic, Social and Cultural Rights

(Albania);

128.2 Consider ratifying the International Convention on the Protection of

the Rights of All Migrant Workers and Members of Their Families, the

International Labour Organization (ILO) Domestic Workers Convention, 2011

(No. 189), and the Optional Protocol to the Convention on the Rights of the

Child on a communications procedure (Philippines);

128.3 Accept the competence of the Committee on Enforced

Disappearances, in conformity with Articles 31 and 32 of the International

Convention for the Protection of All Persons from Enforced Disappearance

(France);

128.4 Consider ratifying the International Convention for the Protection of

All Persons from Enforced Disappearance, the Optional Protocol to the

Covenant on Economic, Social and Cultural Rights and the International

Convention on the Protection of the Rights of All Migrant Workers and

Members of Their Families (Ghana);

128.5 Become party to the International Convention on the Protection of

the Rights of All Migrant Workers and Members of Their Families, the Rome

Statute of the International Criminal Court, the Conventions on the refugees

and stateless persons, the ILO Indigenous and Tribal Peoples Convention, 1989

(No. 169) and the Convention against Discrimination in Education (Honduras);

128.6 Ratify the Council of Europe Convention on Preventing and

Combating Violence against Women and Domestic Violence (Italy)

(Montenegro) (Netherlands) (Turkey) (Belgium);

128.7 Withdraw its reservation on pertinent articles of the International

Convention on the Elimination of All Forms of Racial Discrimination, the

International Covenant on Economic, Social and Cultural Rights, the

International Covenant on Civil and Political Rights and the Optional Protocol

to the Convention on the Rights of the Child on the involvement of children in

armed conflict (South Africa);

** The conclusions and recommendations have not been edited.

14 GE.16-11654

128.8 Ratify the Istanbul Convention without delay (Bosnia and

Herzegovina);

128.9 Sign and ratify the International Convention on the Protection of the

Rights of All Migrant Workers and Members of Their Families (Turkey);

128.10 Ratify the International Convention on the Protection of the Rights of

All Migrant Workers and Members of Their Families (Ecuador) (Guatemala)

(Uruguay);

128.11 Consider ratifying the International Convention on the Protection of

the Rights of All Migrant Workers and Members of Their Families (Egypt);

128.12 Ratify the International Convention on the Protection of the Rights of

All Migrant Workers and Members of Their Families, as previously

recommended (Senegal);

128.13 Consider acceding to the International Convention for the Protection

of All Persons from Enforced Disappearance (Kazakhstan);

128.14 Accelerate the process of accession to the International Convention

for the Protection of All Persons from Enforced Disappearance (Mongolia);

128.15 Ratify the International Convention for the Protection of All Persons

from Enforced Disappearance (Montenegro) (Sierra Leone) (Uruguay)

(France);

128.16 Step up the process of consultations concerning the accession to the

International Convention for the Protection of All Persons from Enforced

Disappearance, as previously recommended (Senegal);

128.17 Ratify the Optional Protocol to the Convention on the Rights of the

Child on a communications procedure (Togo) (Portugal) (Uruguay);

128.18 Ratify the Optional Protocol to the International Covenant on

Economic, Social and Cultural Rights (Italy);

128.19 Ratify the Optional Protocol to the International Covenant on

Economic, Social and Cultural Rights (Portugal);

128.20 Fully align domestic legislation with the Rome Statute of the

International Criminal Court through explicit provisions on the duty to

cooperate promptly and fully with the Court (Austria);

128.21 Continue further improvement of the protection and promotion of

human rights in the country (Azerbaijan);

128.22 Continue to provide protection to the family as the natural and

fundamental unit of the society (Egypt);

128.23 Develop and implement a National Action Plan on Human Rights to

further ensure systematic and comprehensive approach for the promotion and

protection of human rights, with the full engagement of the civil society

(Indonesia);

128.24 Ensure that its policies, legislation, regulations and enforcement

measures effectively serve to prevent and address the heightened risk of

business involvement in abuses in conflict situations, which includes situations

of foreign occupation (State of Palestine);

128.25 Step up efforts to establish a mechanism to monitor measures to help

address and ameliorate the conditions of women and children (Philippines);

GE.16-11654 15

128.26 Assess the compatibility of its policies and laws with its international

obligations including all core principles of human rights to which Hungary is a

party (Ethiopia);

128.27 Continue the efforts to harmonize national legislation with

international standards in the field of human rights (Morocco);

128.28 Continue to promote and protect the fundamental freedoms and

human rights of all its citizens (Nigeria);

128.29 Deepen its commitment with the International Criminal Court

through adapting its national legislation to the Rome Statute (Peru);

128.30 Consider developing Human Rights Indicators as suggested by

OHCHR as an instrument that allows for a more precise and coherent

evaluation of national human rights policies (Portugal);

128.31 Consider increasing the funding of the National Preventive

Mechanism, in order to support its work and the detention monitoring

activities (Croatia);

128.32 Provide adequate resources and functional independence to the

Equal Treatment Authority (India);

128.33 Continue to implement measures to protect the rights of the child

(Tajikistan);

128.34 Enhance measures to protect the rights of children, women and other

vulnerable groups (Lao People’s Democratic Republic);

128.35 Consider establishing independent mechanism for monitoring

children’s rights and providing necessary financial resources for its functioning

(Poland);

128.36 Ensure consultation processes which allow a public debate and

interaction with the independent civil society, with sufficient time during the

drafting of new laws and public policies (Switzerland);

128.37 Engage in consultation with pro-transparency organizations and

other relevant stakeholders prior to developing or implementing new legislation

on Freedom of Information (United Kingdom of Great Britain and Northern

Ireland);

128.38 Refrain from targeting or restricting the activities of civil society

organizations based on their political affiliation or their receipt of foreign

funding (Australia);

128.39 Adopt measures to comply with provisions of the new Constitution

including on combating discrimination and ensuring equal participation in

political and public affairs by all citizens (Botswana);

128.40 Improve both formal and informal dialogue and public consultation

between the Government and civil society, including on proposed legislation

with an impact on human rights (Czech Republic);

128.41 Continue with the efforts aimed at ensuring timely cooperation with

treaty bodies, regarding the submission of its overdue national reports (the

former Yugoslav Republic of Macedonia);

16 GE.16-11654

128.42 Submit overdue reports to Committee on the Elimination of Racial

Discrimination, Committee on Economic, Social and Cultural Rights and to the

Human Rights Committee (Ukraine);

128.43 Intensify efforts aimed at implementing recommendations of treaty

bodies and special procedures, including the Committee on the Elimination of

Discrimination against Women, the Committee on the Rights of the Child, the

Special Rapporteur on contemporary forms of racism, racial discrimination,

xenophobia and related intolerance and the Working Group on Arbitrary

Detention (Ukraine);

128.44 Take appropriate measures to progressively reduce the existing

backlog of overdue reports to the United Nations treaty bodies (Kazakhstan);

128.45 Submit overdue reports to the Human Rights Committee, the

Committee on Economic, Social and Cultural Rights and the Committee

against Torture (Sierra Leone);

128.46 Continue to strengthen measures to promote tolerance and respect

for cultural diversity and to counter prejudice, stereotypes, discrimination,

racism and Islamophobia (United Arab Emirates);

128.47 Reconsider policies on family, gender equality and non-

discrimination (Bahrain);

128.48 Continue efforts to sensitize the public to combat discrimination on

all grounds online to ensure that all rights are respected (Croatia);

128.49 Continue efforts in following up and monitoring any discrimination

based on sex, race or any other form (Ethiopia);

128.50 Continue to implement National Social Inclusion Strategy (Pakistan);

128.51 Take all the necessary measures to fully implement the National

Social Inclusion Strategy (Slovenia);

128.52 Enact comprehensive legislation that fully guarantees the application

of the principle of non-discrimination and to ensure the full enjoyment of all

human rights by every member of society (South Africa);

128.53 Intensify activities aimed at overcoming gender stereotypes (the

former Yugoslav Republic of Macedonia);

128.54 Take effective measures to address the needs of women belonging to

minorities, such as Roma women, in order to eliminate all forms of

discrimination against them (the former Yugoslav Republic of Macedonia);

128.55 Provide the national mechanism for the promotion of gender equality

of adequate human and financial resources to enable it to effectively fulfil its

mandate (Togo);

128.56 Address the discriminatory situation of women belonging to

minorities, including Roma women (Bangladesh);

128.57 Take further measures to reduce the inequality between sexes,

sensitize the population in this regard and ensure that these measures are

effectively implemented (Belgium);

128.58 Continue to take action towards a comprehensive gender equality

strategy and introduce effective legislative measures to increase women’s

participation in political life and decision-making (Bosnia and Herzegovina);

GE.16-11654 17

128.59 Redouble its efforts towards combating stereotypical division of

gender roles in family and society (India);

128.60 Adopt a comprehensive law on domestic violence (Islamic Republic of

Iran);

128.61 Take further steps to address root causes that affect the rights of

women belonging to disadvantaged groups (Latvia);

128.62 Take concrete measures to improve access to decent work for all

women, eliminate all discrimination against women at work, and create more

socioeconomic opportunities for disenfranchised women (Malaysia);

128.63 Introduce effective legislative measures to increase women’s

participation in political life and decision-making (Namibia);

128.64 Continue to make efforts to ensure women’s participation in political

life and in decision-making (Pakistan);

128.65 Establish effective legislative measures, such as quotas, to improve

the participation of women in political life and decision-making processes

(Algeria);

128.66 Adopt a comprehensive, human rights-based gender equality strategy

(Slovenia);

128.67 Continue the implementation of Roma integration policies in all

social economic cultural political and educational sectors (Lebanon);

128.68 Support the gender integration in all spheres of life (Tajikistan);

128.69 Strengthen its measures to combat racism and discrimination in all

its forms against migrants and asylum seekers (Thailand);

128.70 Take all necessary measures to eliminate racial discrimination and

segregation of Roma in education (Timor-Leste);

128.71 Implement a comprehensive plan of action envisaged to protect the

rights and improve the life conditions of women and children pertaining to

ethnic minorities (Uruguay);

128.72 Step up the efforts to combat all forms of discrimination and favour

equality of opportunities and treatment, with special care and attention to those

who are in a more vulnerable situation, such as persons belonging to the Roma

community (Argentina);

128.73 Step up efforts to address discrimination and social exclusion faced

by persons belonging to the Roma minority with particular emphasis on

integrated schooling and social housing (Austria);

128.74 Establish a comprehensive integration strategy for migrants, with

specific measures to prevent and eliminate racism, racial discrimination,

xenophobia and intolerance against migrants irrespective of their status

(Bangladesh);

128.75 Continue to pay special attention to issues related to the elimination

of discrimination of the Roma who study in the education system (Belarus);

128.76 Take measures to eliminate any discrimination and segregation in the

education system against Roma children (Belgium);

18 GE.16-11654

128.77 Take effective measures to ensure the Hungarian National Police and

the hate-crimes expert net improve the enforcement of laws against hate

crimes, including by allocating sufficient resources; undertaking thorough

investigations and prosecution; and by providing training for the front-line law

enforcement (Canada);

128.78 Protect persons who are marginalized and most vulnerable from

intolerance, xenophobia, and other forms of discrimination (Canada);

128.79 Lift the measures in force that imply the discrimination and rejection

of migrants and refugees, in particular those concerning to the use of force

against them (Cuba);

128.80 Continue to take specific measures to prevent and eliminate racism,

racial discrimination, xenophobia and intolerance against migrants, refugees

and asylum seekers (Egypt);

128.81 Take resolute measures to put an end, without further delay, to the

continuing segregation of Roma children at school (Finland);

128.82 Take active measures to prevent actual segregation of Roma students

in public and private schools (Germany);

128.83 Redouble efforts to prevent and eliminate racial discrimination,

xenophobia and the intolerance against migrants, refugees and asylum seekers

(Guatemala);

128.84 Undertake further steps to promote efforts to overcome residual

social discrimination against Roma and other ethnic minorities (Holy See);

128.85 Take effective steps to end discrimination against Roma in education,

health, employment, housing and access to services with a special focus on

ending continued segregation of Roma children at schools (India);

128.86 Strengthen its efforts to promote tolerance and cultural

understanding of the Roma population in the aim of eliminating discrimination

including in regard to access to education and employment and participation in

politics (Japan);

128.87 Step up efforts to effectively prevent and combat discrimination of

persons belonging to national minorities, in particular regarding their access to

education and health care (Kazakhstan);

128.88 Take further steps to eliminate discrimination against the Roma

population, especially in the field of education, health, employment, housing

and access to services (Namibia);

128.89 Intensify efforts to combat discrimination and ill-treatment of Roma

and eliminate segregation of Roma girls in the educational system (Nigeria);

128.90 Take measures to prevent and eliminate racism, racial

discrimination, xenophobia and others (Nigeria);

128.91 Continue the work to further social and economic integration of the

Roma population, reduce direct and indirect school segregation of Roma

children and actively promote Roma participation in society through education

(Norway);

128.92 Continue its efforts to integrate the adult Roma population in the

labour market and the Roma children and young people in the regular

education system (Peru);

GE.16-11654 19

128.93 Ensure that, in the context of the new legislation adopted in 2011,

following the 2011 universal periodic review recommendations, the self-

governments truly represent the persons of national minorities on whose behalf

they act (Romania);

128.94 Include specific components in public policies and budgets to address

the needs of persons belonging to minorities, including Roma women and

children (South Africa);

128.95 Adopt more policies and allocate more resources specifically directed

towards Roma women and children (Spain);

128.96 Continue the efforts to combat hate speech, racism, xenophobia and

all forms of discrimination against refugees and migrants (Lebanon);

128.97 Carry out the work to eliminate expressions of hatred, racial and

religious discrimination (Tajikistan);

128.98 Intensify national efforts to prevent and eliminate all manifestations

of anti-Semitism and take resolute measures to condemn hate speech, including

against Roma (Albania);

128.99 Take action against the worrying increase and public use of hate

speech, most often addressed at migrants, asylum seekers but also civil society

organizations and vulnerable groups (Austria);

128.100 Intensify its efforts to combat xenophobia, islamophobia and refugee

hatred, and take the necessary measures to condemn hate speech (Bahrain);

128.101 Take resolute measures to condemn hate speech, racial

discrimination, xenophobia and intolerance against all minority groups,

migrants and asylum seekers (Bulgaria);

128.102 Apply effectively policies against racism and hate speech (China);

128.103 Implement effectively its legislation and policies against hate speech

and hate crimes with particular focus on the human rights protection of Roma,

Jews, lesbian, gay, bisexual, transgender and intersex persons and other

vulnerable groups (Czech Republic);

128.104 Ensure that the constitutional amendment prohibiting speech that

would violate the dignity of the Hungarian nation cannot be used to silence

criticism and limit freedom of expression as guaranteed under the International

Covenant on Civil and Political Rights (Czech Republic);

128.105 Take all the necessary measures to combat violence linked to racial

discrimination, as well as hate crimes and speeches, including against refugees

and migrants (France);

128.106 Cease anti-immigration campaigns and rhetoric of incitement to

hatred, xenophobia and anti-Semitism and take measures to fight against hate

speech and hate crimes in general (Greece);

128.107 Adopt a hate crime investigation protocol and ensure that victims of

hate crimes have effective access to the mechanisms of justice and redress

(Islamic Republic of Iran);

128.108 Identify efforts to combat all forms of discrimination and to ensure

that hate crimes motivated by racism, xenophobia or other forms of

discrimination are effectively investigated and perpetrators are brought to

justice (Italy);

20 GE.16-11654

128.109 Further step up efforts to publicly condemn hate speech, including

against Roma (Lithuania);

128.110 Enhance inter-ethnic, inter-religious, and inter-cultural

understanding within the society, and ensure access to justice for victims of

racial hatred or violence (Malaysia);

128.111 Further strengthen measures to combat hate speech and hate crime

(Norway);

128.112 Strengthen measures to avoid hate speeches of all kinds in political

messages and in the media (Peru);

128.113 Combat hate speech and statements stigmatizing refugees and asylum

seekers (Algeria);

128.114 Prevent and combat racism and hate speech, including through

human rights education and training, and by promoting tolerance (Slovenia);

128.115 Enhance its efforts to prevent and root out all kind of national and

ethnic intolerance, as well as condemn any incitement to ethnic and religious

hatred and hate speech against the Roma in particular (Russian Federation);

128.116 Implement strategies aimed at tackling hate speech and xenophobia

in all its forms (Sierra Leone);

128.117 Continue to fight anti-Semitism, and to oppose any attempt to

relativize or rehabilitate anti-Semite policies in the past and present

(Germany);

128.118 Adopt and implement a comprehensive strategy and action plan to

tackle discrimination based on sexual orientation and gender identity

(Australia);

128.119 Adopt a strategy and a comprehensive plan of action to counter

discrimination based on sexual orientation and gender identity (Chile);

128.120 Take comprehensive measures to counter discrimination on the

grounds of sexual orientation and gender identity (Colombia);

128.121 Fight against discrimination based on the origin, gender and sexual

orientation, by continuing its efforts in the implementation of the existing

instruments (France);

128.122 Adopt a comprehensive strategy in order to combat discrimination

based on sexual orientation and gender identity (Greece);

128.123 Raise the legal age of marriage for women and men to 18 years

(Maldives);

128.124 Follow the recommendations of the 2014 Organization for Security

and Cooperation in Europe election observation mission’s final report (United

States of America);

128.125 Reinstate juvenile courts and raise the age of criminal responsibility

to 14 years, for all crimes, in line with international standards (Botswana);

128.126 Amend the legislation on the protection of families in order to widen

the definition of family (Brazil);

128.127 Intensify efforts to prevent overcrowding in prisons (Chile);

GE.16-11654 21

128.128 Take measures to address the persistence of preventive detention in

police centres and the high risk of ill-treatment (Cuba);

128.129 Reduce the length of the initial pretrial detention phase (Turkey);

128.130 Consider adopting a law on domestic violence and criminalizing

different types of violence against women (Turkey);

128.131 Take additional measures to effectively combat violence against

women and promote the participation of women in political life and their

insertion in the professional life (France);

128.132 Continue efforts, including by raising awareness, in order to prevent

domestic violence and violence against women (Georgia);

128.133 Promote public policies to prevent violence against women and girls,

including domestic violence and sexual violence (Mexico);

128.134 Strengthen efforts to combat violence against women, inter alia, by

ratifying the Council of Europe Convention on Preventing and Combating

Violence against Women and Domestic Violence (Poland);

128.135 Establish a law to criminalize all forms of violence against women

(Sierra Leone);

128.136 Adopt a National Action Plan on Security Council Resolution 1325

(2000) on Women, Peace and Security (Portugal);

128.137 Define rape criminally based on the lack of voluntary consent in

addition to reinforcing and making more accessible to victims the health-care

services (Spain);

128.138 Criminalize different types of violence against women, to amend the

Criminal Code to ensure that rape is defined according to the

recommendations of the Committee on the Elimination of Discrimination

against Women (Lithuania);

128.139 Take concrete measures to protect child victims of sexual exploitation

and prostitution (Maldives);

128.140 Abandon the practice of corporal punishment of children and

encourage non-violent forms of discipline (Poland);

128.141 Consider raising the age of criminal responsibility from 12 to 14

years, even for the most serious crimes (Republic of Korea);

128.142 Enact laws and legislation aiming at combating human trafficking

(Lebanon);

128.143 Ensure the prosecution and punishment of perpetrators of human

trafficking, and provide adequate assistance and protection services to victims

(Turkey);

128.144 Continue its efforts in order to strengthen the protection of victims of

trafficking (Azerbaijan);

128.145 Take steps to reduce and prevent trafficking and provide adequate

incentives and protection to victims (Bulgaria);

128.146 Take additional measures to combat trafficking in human beings

(France);

22 GE.16-11654

128.147 Intensify efforts to effectively prevent trafficking in women and girls

and strengthen measures for the rehabilitation and social integration of victims

of trafficking (Georgia);

128.148 Take measures to ensure the effective investigation and prosecution

of human trafficking cases and establish remedy procedures for the victims

(Greece);

128.149 Strengthen mechanisms to prevent the trafficking in boys and girls

and provide the support needed for victims of trafficking to be reintegrated

into society (Mexico);

128.150 Take concrete measures to ensure the independence of the

Constitutional Court and the protection of human rights and fundamental

freedoms, and that political pressure is not being applied to judicial decision-

making (Sweden);

128.151 Implement reforms on judicial independence and rule of law

recommended by the International Bar Association Human Rights Institute in

2015 (United States of America);

128.152 Continue to pursue implementation of the Basic Principles on the

Independence of the Judiciary and repeal all provisions of national law that

restrict the Constitutional Court’s jurisdiction (Australia);

128.153 Take necessary measures for strengthening its specialized juvenile

justice system in compliance with the Convention on the Rights of the Child

(Republic of Moldova);

128.154 Continue efforts for the reintegration of former child offenders in the

society (Republic of Moldova);

128.155 Remedy the shortcomings in the media law as expressed by the

Venice Commission (Sweden);

128.156 Revise transparency laws to reinstate a freedom of information

parliamentary ombudsman, and ex ante reclaiming of labour costs for

processing information requests, and limit public institutions’ authority to

refuse access to public data (United States of America);

128.157 Take concrete steps to promote pluralism of the media and their

independent work, including the exercise of their watchdog function (Czech

Republic);

128.158 Take the necessary measures to promote media pluralism and fight

threats against freedom of the press and freedom of expression (France);

128.159 Take appropriate measures to further relax restrictions on the

freedom of the media (Japan);

128.160 Amend the media law in line with previous recommendations to

ensure that all media laws are in line with the right to freedom of opinion and

expression (Netherlands);

128.161 Give full consideration to the recommendations of the Special

Rapporteur on the situation of human rights defenders (United Kingdom of

Great Britain and Northern Ireland);

128.162 Take measures allowing the exercise of the lawful activities of human

rights defenders, in a favourable legal and administrative environment

(Colombia);

GE.16-11654 23

128.163 Implement recommendations made by Special Rapporteur on

freedom of peaceful assembly and association regarding governmental

oversight and regulations of non-governmental organizations (Germany);

128.164 Review and abolish all legal provisions that restrict the rights of

human rights defenders promoting the rights of the Roma community

(Iceland);

128.165 Ensure the prompt and independent investigation of all alleged

violations against human rights defenders (Ireland);

128.166 Positively consider and implement the recommendations presented

by the Special Rapporteur on human rights defenders (Libya);

128.167 Remove all administrative and legislative provisions that restrict the

rights of Human Rights Defenders and ensure that civil society organizations

can operate freely and without discrimination or undue restriction (Norway);

128.168 Take steps to ensure that civil society organizations freely can access

and utilize funding, including from foreign sources (Norway);

128.169 Maintain its commitment to the realization of the right to work for all

including through technical and vocational training for young people (Egypt);

128.170 Provide greater support for poor families and children and reduce

social inequality (China);

128.171 Take further steps to ensure better labour market access and access

to basic social and health services for marginalized women, including women

with disabilities, Roma women and migrant women (Republic of Korea);

128.172 Continue to enhance access to sexual and reproductive health services

for women, in particular women with disabilities, women with low income,

women with HIV/AIDS, and women living in the rural areas (Thailand);

128.173 Effectively implement ongoing national policy to guarantee quality

education for minority (Lao People’s Democratic Republic);

128.174 Ensure that the standards of education in national minorities’

languages as well as teaching of minorities languages are the same as the

general standards of education in the country (Romania);

128.175 Ensure that the implementation of objectives set up in the 2014

National Strategy on Public Education are in line with the objectives and goals

of the Sustainable Development Goals (United Arab Emirates);

128.176 Ensure the inclusion of human rights and especially children’s rights

in the public education system, raising awareness about human rights in

general (Greece);

128.177 Strengthen efforts to provide access to education, labour market and

public life for persons with disabilities (Holy See);

128.178 Continue the path regarding positive results achieved in ensuring the

rights and equal opportunities of persons with disabilities by, inter alia,

allocating sufficient resources for the development of an inclusive education

system for children with disabilities and providing sufficient and adequate

support services in local communities to enable persons with disabilities to live

independently (State of Palestine);

24 GE.16-11654

128.179 Review all relevant legislations, including the State’s new

Fundamental Law to ensure that all persons with disabilities have a right to

vote, and that they can participate in political and public life on an equal basis

with others (Lithuania);

128.180 Review legislations to ensure that all persons with disabilities have a

right to vote, and that they can participate in political and public life

(Maldives);

128.181 Consolidate programmes to ensure a system of inclusive education

for children with disabilities throughout the country (Mexico);

128.182 Take further measures to improve access of persons with disabilities

to social, economic and cultural life and combat discrimination on the grounds

of disability (Poland);

128.183 Adopt measures in order for any health decision to depend upon the

free and informed consent of the concerned disabled person (Spain);

128.184 Take all steps necessary to ensure that the right to seek asylum is

guaranteed for asylum seekers coming to Hungary and that the principle of

non-refoulement is respected (Sweden);

128.185 Decriminalize the access to its territory for persons wishing to file a

request for asylum, and process the asylum applications individually and in a

non-discriminatory fashion, in compliance with its international obligations

(Switzerland);

128.186 Ensure that migrant and asylum-seeking women receive adequate

assistance (Timor-Leste);

128.187 Eliminate detention in penitentiary establishments of asylum seekers

and refugees (Uruguay);

128.188 Advance in measures of assistance and promotion of the rights of

migrants, refugees and asylum seekers, in compliance with current

international standards (Argentina);

128.189 Reform its legislation to ensure full respect of the principle of non-

refoulement (Brazil);

128.190 Ensure that its legal framework and actions concerning asylum

seekers, refugees, and migrants comply with Hungary’s international human

rights obligations, including with regard to procedural safeguards. This

includes repealing those amendments to Hungary’s Asylum Law, Law on

Criminal Procedure and Criminal Code that are inconsistent with its

international human rights obligations (Canada);

128.191 Seek alternatives to detaining asylum seekers and migrants,

particularly children. Take immediate and effective measures to ensure that

conditions of detention are fully consistent with Standard Minimum Rules for

the Treatment of Prisoners (Canada);

128.192 Develop actions that improve the living conditions of asylum seekers

and prevent discrimination on the grounds of nationality or country of origin

(Chile);

128.193 Continue to improve the living conditions of migrants, refugees and

asylum seekers (China);

GE.16-11654 25

128.194 Ensure the inclusion of a human rights approach in the measures to

address the migrant situation, taking into particular account the situation of

vulnerable population (Colombia);

128.195 Apply a dignified and human treatment that respects the universal

principles of human rights for people in situation of human mobility, whether

migrants or refugees, with special emphasis on strengthening and implementing

policies to address trafficking of persons from a holistic approach , particularly

regarding women, children and other vulnerable groups, as well as to combat

all forms of discrimination, with measures including complaint an denunciation

mechanisms for victims that enable them to achieve reparations (Ecuador);

128.196 Ensure that all issues related to migration, asylum seeking and

border management are addressed in accordance with respective obligations

under applicable international law (Egypt);

128.197 Fully respect its obligations under international law by guaranteeing

the right to seek asylum through an individual, effective process without

discrimination (Finland);

128.198 Improve the capacity to guarantee every person the possibility to

request international protection in a legal way, and create conditions for the

medical and psychological treatment of asylum seekers, especially those who

were victims of torture and violence (Germany);

128.199 Fully implement international Conventions and standards for the

protection of refugees and asylum seekers (Greece);

128.200 Actively participate in the refugee resettlement/humanitarian

admission process directly from Turkey to the European Union, as this is

actually the only way to save lives and crack down criminal networks of

smugglers (Greece);

128.201 Take immediate action to improve national asylum system, including

by elaborating a national action plan, to avoid continuation of harsh conditions

of detention and treatment of asylum seekers and refugees (Greece);

128.202 Ensure the prompt and impartial investigation of any excessive use of

force in policing the border operations, including by the military (Greece);

128.203 Work together with the other European States to improve the

conditions and treatment given to asylum seekers and refugees (Guatemala);

128.204 Make every effort to pay due attention to the human rights of asylum

seekers and to avoid using disproportionate force on migrants and refugees

(Holy See);

128.205 Redouble efforts in order to guarantee the respect of the human

rights of migrants, including persons under irregular situation (Honduras);

128.206 Implement with no exception the principle of non-refoulement in the

context of asylum seeking procedures (Honduras);

128.207 Repeal the amendments to the Criminal Code that criminalizes

“illegal entry” and introduces “transit zones” at the border and a list of “safe

countries” (Iceland);

128.208 Comply with the principle of non-refoulement (Iceland);

128.209 Take measures to work towards improving the living conditions for

refugees and asylum seekers (India);

26 GE.16-11654

128.210 Strengthen efforts in addressing issues of irregular migrants in the

country in line with international human rights law obligations (Indonesia);

128.211 Improve the living conditions of asylum seekers and step up efforts

directed towards improving the treatment of asylum seekers and refugees

(Islamic Republic of Iran);

128.212 Take all the necessary steps to address the placing of asylum-seeking

and migrant children in detention, including by repealing relevant legislation

allowing for the detention of families accompanied by children (Ireland);

128.213 Review legislation on the rights of migrants and asylum seekers in

accordance with Hungary’s obligations under international and European Law

and to better apply existing internal rules, namely those related to the handling

of unaccompanied children (Italy);

128.214 Make efforts to ensure transparency and consideration for human

rights, in particular those of women and children, in its treatment of migrants

and refugees (Japan);

128.215 Ensure that enforcement authorities comply with international

human rights obligations in the treatment of migrants and asylum seekers, and

expedite the judicial process to avoid prolonged detention of migrants and

asylum seekers (Malaysia);

128.216 Continue the efforts to improve the treatment of migrants and

asylum seekers (Morocco);

128.217 Take steps to ensure that detention of asylum-seekers is used only in

exceptional cases, the procedure for detention is transparent and

comprehensible, and that detainees have access to effective legal remedy

(Norway);

128.218 Continue to fulfil its international human rights obligations

regarding asylum seekers, refugees and migrants (Pakistan);

128.219 Strengthen its efforts to improve the detention conditions of migrants

and asylum seekers, including by refraining from excessive use of force, ill-

treatment, and prolongation of detention periods; and also to adopt a

comprehensive integration strategy for their early stage integration (Republic

of Korea);

128.220 Revise the national list of safe countries in order to avoid the high

number of unadmitted requests that have been pointed out by the Helsinki

Committee of Hungary (Spain);

128.221 Increase level of ODA (Bangladesh).

129. All conclusions and/or recommendations contained in the present report reflect

the position of the submitting State(s) and/or the State under review. They should not

be construed as endorsed by the Working Group as a whole.

GE.16-11654 27

Annex

Composition of the delegation

The delegation of Hungary was headed by H.E. Mr. László Trócsányi and composed

of the following members:

• H.E. Dr. Zsuzsanna HORVÁTH, Ambassador Extraordinary and Plenipotentiary,

Permanent Representative of Hungary to the United Nations in Geneva;

• H.E. Mr. István NAGY, Ambassador Extraordinary and Plenipotentiary of Hungary

in Bern;

• Mr. Zoltán Ádám KOVÁCS, Deputy State Secretary for International Cooperation,

Ministry of Foreign Affairs and Trade of Hungary;

• Ms. Ágnes HEVESI, Human Rights Ambassador, Deputy Head of Department for

International Organizations, Ministry of Foreign Affairs and Trade of Hungary;

• Mr. Balázs RÁTKAI, Human Rights Advisor, Department for International

Organizations, Ministry of Foreign Affairs and Trade of Hungary;

• Ms. Édua MINISKA, Head of Secretariat, Ministry of Foreign Affairs of Hungary;

• Mr. Gergely PRŐHLE, Deputy State Secretary for International and European

Union Affairs, Ministry of Human Capacities of Hungary;

• Mr. Árpád MÉSZÁROS, Head of Department, Ministry of Human Capacities of

Hungary;

• Ms. Zsuzsa SEBESTYÉN, Equality Advisor, Ministry of Human Capacities of

Hungary;

• Mr. András MÁZI, Head of Department, Ministry of Justice of Hungary;

• Mr. Zoltán TALLÓDI, Deputy Head of Department, Ministry of Justice of Hungary;

• Mr. Gábor KALETA, Head of Department, Ministry of Justice of Hungary;

• Mr. Tivadar RÉVFY, Deputy Head of Department, Ministry of Justice of Hungary;

• Ms. Anikó RAISZ, Advisor, Ministry of Justice of Hungary;

• Ms. Christine SIMONART, Advisor, Ministry of Justice of Hungary;

• Ms. Viktória SZABÓ-PRINCZ, Advisor, Ministry of Justice of Hungary;

• Mr. Péter STAUBER, Head of Department of European Cooperation, Ministry of

Interior of Hungary;

• Mr. Alex KAJTÁR, Interpreter, Ministry of Justice of Hungary;

• Ms. Dorottya SLATER, Interpreter, Ministry of Justice of Hungary;

• Mr. András SZÖRÉNYI, First Counsellor, Deputy Permanent Representative,

Permanent Mission of Hungary to the United Nations in Geneva;

• Ms. Anita SZILÁGYI, First Secretary, Permanent Mission of Hungary to the United

Nations in Geneva.