Prof. Dr. Máté SZABÓ
Commissioner for Fundamental Rights, Hungary


 

CURRICULUM VITAE



He was elected by the Hungarian Parliament as the Parliamentary Commissioner for Civil Rights for
six years which position he had hold from 26.09.2007. He continues his role and stands as the general
ombudsman of Hungary. From 1st January 2012, Prof. Szabó is Commissioner for Fundamental Rights.
He received his law degree at the Eötvös Loránd University, Faculty of Law in Budapest in
1980 and got a job as a journalist. From 1984, he worked as a scientific associate in the Political
Science Department of the Eötvös Loránd University's Faculty of Law. From 1990, as an associate
professor. He defended his PhD. on social movements in 1987, and got the ‘Doctor of the Political
Science' title from the Hungarian Academy of Science in 1996.
He is a founding member of the Hungarian Political Science Association and the Hungarian
Humboldt Association; furthermore, he is an active member of the Political Science Committee of
the Hungarian Academy of Science and several international associations related to sociology and
political science.
Since 1980, he has continuously carried out several project researches on various subjects of political
and social sciences.
• Between 1991-2007, he was a fellow of the Alexander von Humboldt Foundation in
Hamburg, Berlin, Bremen, Mainz and Frankfurt an der Oder in Germany.
• He was a visiting fellow of the Netherlands Institute of Advanced Studies, Wassenaar, in
1995.
• In 2000, he was a research fellow at the European University Institute in Florence, Italy.

He is specialized in civil society, social movements and political protest and the theory of law and
politics as well. He published more than 300 scientific contributions in Hungarian, English and
German. He is a regular participant at conferences in political science, law, and political sociology
in Europe and around the world. He teaches political science and European studies. Since he was
elected ombudsman, he is an active member of the International Ombudsman Institution and the
European Network of Ombudsman and board member of the European Ombudsman Institute.

Awarded:
• The ‘Erdei Ferenc Prize' of the Hungarian Sociological Association for young talents in 1988.
• The memorial medal ‘For Hungarian Higher Education' of the Ministry of Education for his
teaching career in 2006.
• The ‘István Bibó-Prize' of the Hungarian Political Science Association in 2007, as an
acknowledgement of his life work.
• The Gold Cross of Merit awarded by the President of Poland in 2012, in recognition of his
merits in strengthening human rights and developing Polish- Hungarian relations in this field.

Born in 1956 (13.06.), Budapest-Hungary. Married, and father of two children.

Publications on foreign languages (2007-)

1) Books
Human Rights and Civil Society in Hungary . Twenty Years for Rights and Freedom (1988-2008). OBH,
Budapest, 2009.

2) Studies in volume
Partizipation und Zivilcourage- die neue Ungarn jenseits des Autoritarismus in: Aron Buzogany-Rolf
Frankenberg (Hrsg.): Osteuropa: Politik, Wirtschaft und Gesellschaft. Nomos, Baden-Baden, 2007.
277-291.

Collective Protests in Central European Post-Communist Countries, in: Pero Mladini-Davorka Vidovic
(eds.): Transitions in Central and Eastern European Countries, CPI, Zagreb, 2007. 93-117.

1968 in Hungary, in: Martin Klimke-Joachim Scharloth (ed.): 1968 in Europe. A History of Protest and
Activism, 1956-1977. Palgrave, New York, 2008. 219-229.

(-Kerényi Szabina): Transnational Influences on Patterns of Mobilisation Within Environmental
Movements in Hungary, in: Brian Doherty-Thimothy Doyle (eds.): Beyond Borders. Environmental
Movements and Transnational Politics.Routledge: New York, 2008. 107-125.

Die Zivilgesellschaft Ungarns in einer vergleichenden Perspektive, in: Anton Sterbling (Hrsg.):
Zivilgesellschaftliche Entwicklungen in Südosteuropa. O. Sagner, München, 2009. 205-239.

Kompromiss als Erbe des Kádárismus: Ungarn 1989-1990, in: Jerzy Macków (Hrsg.): Autoritarismus in
Mittel- und Osteuropa. VS Verlag, Wiesbaden, 2009. 199-215.

The Hungarian Ombudsman Institution (1995-2008), in: Linda C. Reif. (eds.): The International
Ombudsman Yearbook. Martinus Nijhoff Publ. Leiden/Boston, 2009.154-182.

Das Wesen von Ungehorsam und Kritik. Ombudsmann-Institution, die osteuropäische Revolution
der Menschenrechte und eine neue Zivilkultur, in: Bálint Balla-Anton Sterbling (Hrsg.): Europäische
Entwicklungsdynamik. Krämer Verlag.Hamburg, 2009. 87-107.

Milestones in the global and European development of human rights, in: Jernej Rovsek/Liana
Kalcina(eds.): 60th Anniversary of the Universal Declaration of Human Rights and the 15th
Anniversary of the Human Rights Ombudsman Act in Slovenia. The Human Rights Ombudsman of
Slovenia, Ljubljana, 2009.88-94.

Demonstration Democracy in Hungary, in: Armen Harutyunyan(eds.): Freedom of Expression-Right to
Fair Trial.Almanac, Erevan(Armenia) 2010. 38-55. in Russian: 214–233; in Armenian: 123–146.

Demokratija Demonstraciji v Vengrija, in: Armen Harutyunyan(ed.): Almanah: Szvabodna
Vürazsenyija Mnenyija. Erevan(Armenia) oroszul 2010.214-233. Uo. örményül 123-146.

Gab es eine politische Ethik der Wende- und wäre diese heute noch gültig? In: András Masát(hrsg.):
Ethik und Alltag. Zwischen Wahrheit und Wirklichkeit. Andrássy Univ.Abhandlungen Nr. 23. 2010.
Budapest, 29-57.

Revisionismus, Liberalismus und Populismus: die Oppositionn in Ungarn, in: Detlef Pollack-
Jan Wielghos (hrsg.): Akteure oder Profiteure? Die demokratische Opposition in den
ostmitteleuropäischen Regimeumgbrüchen 1989.WS-Verlag, Wiesbaden, 2010. 63-83.

Zwischen Reform und Revolution. Ungarns Weg aus der Staatssozialismus-wohin? In: Th.
Grossbölting-Raj Kollmorgen u.a.(Hrsg.): Das Ende des Kommunismus. Die Überwindung der
Diktaturen inn Europa und ihre Folgen. Klartext, Essen, 2010.177-195.

The Hungarian Ombudsman Institution, in: S. Rashidova(ed.): World Ombudsmen. Y-M.M. Publ.
Tashkent, 2010. 58-74.

Defizite der Demokratie oder Machtausübung mit Defiziten? Probleme der Kundgebungen und des
Versammlungsrechts in Ungarn, in: Joachim Jesko von Puttkamer-Gabriele Schubert(Hrsg.): Kulturelle
Orientierungen und gesellschaftliche Ordnungsstrukturen in Südosteuropa. Harrassowitz Verlag,
Wiesbaden, 2010. 221-239.

Ungarn hat gewahlt – aber wie? In: Berliner Debatte/Initial 2010/2. 67–73. (– Sziklay Julia): Die
Institution des Ombudsmanns in den deutschssprachigen; LanderHumboldt-Nachrichten, 2010. No.
32. 11–20.

3) Studies in Journals
Legal and Political Environment of NGO's in Hungary , in: : Annales Universitatis Scientarium
Budapestinensis de Rolando Eötvös Nominate . Sectio Iuridica. Vol. XLIX.2008.23-55.o.

Civil and Uncivil Society in Hungary, in: Central European Political Science Review 2008./33.66-87.

A Transnational Civil Society in Europe: from the point of view of the new post-communist EU-
members, in: Central European Political Science Review Vol. 9. No. 34.2008. 61-94.

Urbanisten versus Populisten in Ungarn, in: Berliner Debatte/Initial 2009/3. 67-74.o.

Disobedience and Criticism. in: Jura 2009/2. 175-185.

Unprotected? Who guards the guardians, in: European Ombudsman Newsletter 2009/12. 58-61.o.

Related to the Tradition of the Extreme Right- Down by Law in the Post-Communist Democracy, in:
Annales 2009/253-277.

The Ethos of Ombudsman's Institution, in: Journal für Rechtspolitik 2010/1. 12-21.o.

 

 

null Ombudsman Takes Stand on Requirement and Funding of PCR and Antigen Tests related to Certain Medical Interventions

The currently effective law does not contain any requirements regarding the mandatory performance of PCR and antigen tests as the precondition for receiving rehabilitation care and elective interventions. The principle of the rule of law is thus violated by the inappropriate level of regulation and the uncertainties in content, as was established, among others, by Commissioner for Fundamental Rights Dr. Ákos Kozma, related to his inquiry into an individual complaint.

In his petition, a parent turned to the Ombudsman with a complaint that, for the performance of his four-year-old child’s elective surgery, which means that the surgery could be postponed without the risk of causing a lasting deterioration in the child’s health condition, the health care provider had asked for the production of a negative PCR test and a negative antigen test of both the child and the adult accompanying him. The complainant said that they should pay for the fees of the tests, as they do not have immunity certificates.

In case No. AJB-3479/2021, Dr. Ákos Kozma disclosed that the statutory requirements that would form a basis for the criticized practice are missing, the rules that concern the use of health care services were laid down in specific ministerial directives and circular letters of the National Public Health Center (NPHC).

In his report, he emphasized that the measures introduced in Hungary, with a few exceptions, do not make the vaccination against Covid–19 mandatory, i.e. they were taken with a motivational intention. In his opinion, getting vaccinated is the interest of society as a whole, pointing beyond individual interests. However, until the state makes it mandatory to receive vaccinations in a law, the means of convincing, providing information and rewarding may be used. The Commissioner for Fundamental Rights thinks that the effect of the measure in question exceeds the level of positively influencing an individual’s autonomous decision, with a motivational intention.

It was disclosed by the inquiry that in this very case, the test for the complainant’s child should, in principle, be performed by the institution free of charge, even according to the issued directives and circular letters. However, the directions contain no rule whatsoever on when these tests should be performed but it becomes obvious from the wording that the age group from 0 to 16 years of age is not regarded as a group to be tested automatically and mandatorily. It does not turn out from the wording whether negative PCR and antigen tests are necessary for the accompanying adults who stay with the minors as well, and the potential financing questions related to this are not clarified either.

It was pointed out in the report that a rule of behaviour that is universally mandatory on the basis of the Fundamental Law of Hungary may exclusively be established by a law. Stipulating that the tests should be claimed by the service providers is an indirect rule of behaviour, which generates an obligation on the side of the private individuals who wish to use the service as well. The ombudsman concluded that, on the basis of the above, stipulating the requirement of the production of PCR and antigen tests and requiring, in a ministerial directive, that the costs of these be charged to the clients violate the principle of the rule of law.

The Commissioner for Fundamental Rights added that the directives and circular letters basically extend the scope of application of the immunity certificates to the use of some health care services and they distinguish between those with and without immunity certificates. He highlighted that the distinction between participation in leisure time activities and performing elective interventions is to be examined on the basis of a different standard. The Ombudsman thinks that an immunity certificate presumes immunity, this is why it cannot be a medical precondition to individual interventions. It is only possible to exclude Covid–19 infections individually, based on tests performed at the time in question, so these may have to be performed in the case of each patient before the intervention if it is medically justified. Based on the above, it is not justified to make a distinction in requiring and funding the tests with a view to preventing the spread of the epidemic. The Commissioner for Fundamental Rights concluded that the current practice of providing health care services causes an impropriety with regard to the requirement of equal treatment.

Dr. Ákos Kozma requested the Minister of Human Capacities to withdraw all of his directives regarding rehabilitation services and elective interventions, and that NPHC as a management body should take care of withdrawing all the circular letters on this subject.

Please, find the respective report at: AJB-3479/2021.

 

 

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