Office of the commissioner for fundamental rights of hungary

In their joint statement published on the occasion of White Monday, i.e. the first day of the European Week for Waste Reduction, Commissioner for Fundamental Rights Dr. Ákos Kozma and Deputy Commissioner for Fundamental Rights, Ombudsman for Future Generations Dr. Gyula Bándi call attention to the importance of conscious consumption, the constitutional obligation of the careful use of our natural resources, and the key role of circular economy in achieving sustainable development.

The Commissioner for Fundamental Rights calls attention to the everyday struggles of the most vulnerable members of society, i.e. persons living with intellectual disability, during the coronavirus pandemic, thus to their difficulties in observing the rule of wearing masks and keeping social distance. On this occasion, Dr Ákos Kozma also welcomes the latest government decree of 19 November, which allows divergence from the general pandemic protection rules for persons with autism.

“In times of distress, epidemics and other sorts of crises, children’s rights and the mentality we adopt with respect to child-related matters become even more crucial”, Dr. Ákos Kozma underlines on World Children’s Day. The Commissioner for Fundamental Rights draws attention to the fact that children’s rights are not claims but constitutional norms that are prompted by the legitimate considerations and fundamental needs of the children.

Commissioner for Fundamental Rights Dr. Ákos Kozma, Deputy Commissioner, Ombudsman for the Rights of National Minorities Dr. Elisabeth Sándor-Szalay, and Deputy Commissioner, Ombudsman for Future Generations Dr. Gyula Bándi call attention to the multiple significance of the World Day of Sanitation, and its interconnectedness with life and human dignity, sustainability and climate change.

At the Heves County “Harmónia” United Social Care Institution, the measures and restrictions imposed by the Chief Medical Officer for the prevention of the coronavirus pandemic were implemented, and appropriate measures were taken to reduce the possibility of infection, the Commissioner for Fundamental Rights concluded in his report. However, Dr. Ákos Kozma made a recommendation for the Head of the Institution about encouraging more frequent communication between the residents and their relatives through varied channels, even in the period of the ban on visits.

The bailiff acted in compliance with the statutory requirements when the foreclosure actions were taken, however, the seizure of allowances exempt from blocking after the prompt collection order had been issued caused an impropriety related to legal certainty and social security, as well as to the anti-discrimination principle, as was concluded by the Commissioner for Fundamental Rights in his report.

The principle of the rule of law and the requirement of a fair procedure, as well as the enforcement of the right to a healthy environment may be jeopardized by a property protection procedure conducted by the municipal clerk in which there is no legal response to a problem because the procedure cannot be successful from the start without accurate data supply, as was concluded by the Commissioner for Fundamental Rights and the Deputy Commissioner for Future Generations in their joint report.

Such proceedings in which the authority acts without applying the available official instruments and the discovery process, and without sanctioning the omission cause an impropriety related to the rule of law, and to the right to fair authority proceedings and to a healthy environment, as was concluded by the Commissioner for Fundamental Rights and his Deputy Commissioner responsible for the protection of the interests of future generations.

The protracted proceedings of the local government of the municipality of Sukoró caused an impropriety related to the fair administration of authority matters, due to which the petitioner’s right to legal certainty was also violated; moreover, it caused an impropriety related to a needy person’s right to social security, as was established by the Ombudsman.

The practice of authorities not to examine the usability of immovable property is capable of putting those persons at a disadvantage who are forced to apply for social benefits, of making their living conditions even more difficult, and eventually, of leading to the violation of their fundamental rights, the Ombudsman concluded in his report. With a view to preventing the future occurrence of the fundamental rights-related improprieties exposed, Dr. Ákos Kozma requested that the Head of the Somogy County Government Office call the attention of the heads of the district offices of first instance to the application of the lawful practice related to the examination of the usability of immovable property.

An impropriety with regard to the requirement of legal certainty, as well as to the right to good administration and the right to legal remedy was caused by the procedural malpractice of the bailiff when the statement of objection regarding the foreclosure was not submitted to the court in due time, as was established by Ombudsman Dr Ákos Kozma in his inquiry.

The right to petition, the principle of legal certainty and the right to fair administration of official matters were violated by the practice of the Ministry of Innovation and Technology in the handling of public interest disclosures. As the Commissioner for Fundamental Rights concluded in his report, the Ministry provided no response whatsoever to the petitions complaining about the handling of public interest disclosures, while it replied to the Ombudsman’s inquiry with a significant, 16-month delay. Dr. Ákos Kozma requested that the Minister of Innovation and Technology take measures in order to prevent the future recurrence of the fundamental rights-related improprieties identified in his report.