Office of the commissioner for fundamental rights of hungary

The requirement that kindergarten pupils with special educational needs and disabilities should be educated on an inclusive basis, i.e. in harmony with their special needs, is not fulfilled in the Hungarian system of public education, the regulations set out in the Public Education Act and those specified in the National Disability Program are not coherent, and the human resources are also missing. Ombudsman László Székely requested the responsible ministry to act as soon as possible, in addition to his having established the above fact and having made his recommendations for solving the improper situations explained in the individual complaints.

The Commissioner for Fundamental Rights conducted a comprehensive inquiry by having unified four specific complaints regarding the kindergarten care provided to children with special educational needs. In the report prepared by the Ombudsman, it is emphasized that due to the requirement of equal treatment, such positive measures are expected to be taken which allow the reduction of the disadvantages arising from the situation of a person, and in the overall system of public education, the rights of children with disabilities should definitely be enforced.

It is pointed out by the report that providing education for kindergarten pupils with special educational needs who can be integrated into the existing system of majority education is the responsibility of the municipalities, which can only be fulfilled in the form defined by the law. Ombudsman László Székely has already pointed it out several times that only such integration is a requirement in the Public Education Act and in the Guidelines on Education. However, the concept of inclusive education only appears as a goal and task in the National Disability Program (Hungarian acronym: OFP). This means that it is a serious deficiency that the specific requirements for the creation of a learning environment which is equally accessible for all pupils with disabilities, one which is inclusive, are not set out by the laws and strategies of public education, and in the Guidelines in Education, no reference whatsoever is made either to the Convention on the Rights of Persons with Disabilities (CRPD), to the Act on the Equal Opportunities for Persons with Disabilities, to OFP and the Action Plan thereof.

The Commissioner has also looked into some individual cases. He deemed it an impropriety related to fundamental rights that the Jászfényszaru Municipality only entered into the public education agreement that would ensure the performance of this task several years after this entitlement had been established. Also, the Tahitótfalu Municipality voluntarily excluded from the responsibilities of integrated kindergarten education, the teaching of those children who struggle with physical or sensory disabilities, those with speech impairments, autistic children, children with permanent and serious disorders in their cognitive abilities or behavioral development, without having otherwise taken care of meeting their educational needs. Related to another specific case, it was disclosed by the Commissioner for Fundamental Rights that the Jászberény-based Maci Kindergarten acted in violation of the law when they failed to provide fully integrated kindergarten education described in the expert opinion for the child of the complainant parent, instead, they placed the child in a segregated kindergarten group.

The Commissioner has drawn attention to the fact that partial integration is also allowed by the Public Education Act, which however, hinders genuine inclusion which was set as an objective by OFP, and it is incompatible with the principle of conducting a procedure in the best interests of the child. He has concluded that the state fails to perform its obligation related to the priority legal protection of children with disabilities, and it has disregarded the provisions set out in CRPD as well. It is acknowledged in the report that, first of all in the context of legislation, several actions have been taken for the improvement of the conditions of integrated kindergarten education but the individual cases continue to reveal the personal deficiencies of performing this task. Providing such education is also made difficult by the affected institutions referring to the resistance demonstrated by the other parents rather than providing meaningful information to them, and raising awareness regarding inclusion. It would also be imperative for the society of the future for children with special educational needs and children in the majority to mutually accept each other and that such acceptance become typical of their environment as well.

It is mentioned in the report that the circumstances, malpractices and deficiencies revealed in the individual cases and on a systemic level breach the right of the affected children with special educational needs to protection and care, as well as the international requirements set out by CRPD. With a view to settling the situation, the Commissioner asked the Minister of Human Capacities to develop a strategy by which the approach used by inclusive kindergarten education could be introduced in the Hungarian system of public education. He also proposed that the ministry take further steps for ensuring the personal conditions. As regards solving the specific cases, the Ombudsman made some recommendations for the affected kindergartens and their maintainers.