United Nations Committee on the Elimination of Discrimination Against Women - State Party Reports
Committee on the Elimination of Discrimination
Consideration of reports submitted by States parties under article 18 of the Convention on the Elimination of All Forms of Discrimination against Women
Combined seventh and eighth periodic reports of States parties
Convention on the Elimination
of All Forms of Discrimination
22 September 2011
I. Introduction 1–4 3
II. Implementation of the gender equality strategy 5–70 3
A. Achieving equal economic independence for women and men,
eliminating the gender pay gap, women, poverty and health 5–13 3
B. Stronger support for the reconciliation of work, private and family life 14–25 6
C. Facilitating the reduction of uneven participation of women and men
in political and economic decision-making, as well as in the field of
sciences 26–32 8
D. Taking steps towards efficiently combating, preventing and eliminating
all forms of violence against women, and the violation of a person’s
right to physical and mental integrity 33–61 9
E. Facilitating the reduction of gender-based stereotypes 62–70 12
III. Report on the implementation of the Convention 71–307 13
A. Dissemination of the Committee’s concluding comments
(CEDAW/C/HUN/CO/6) 71–78 13
B. Implementation of the Convention 79–303 15
C. Disseminating information on the Convention 304–307 44
1. In Hungary, Government Resolution No. 1004/2010 (I. 21.) on “National Strategy for the Promotion of Gender Equality – Guidelines and Objectives 2010–2021” has been adopted. The Strategy calls the achievement of the UN commitments, the basic documents such as the Convention on the Elimination of All Forms of Discrimination against Women, the Beijing Declaration and Platform for Action. By the adoption of the Strategy, the Government made an obligation to its transposition into development plans, strategies and measures, as well as the establishment and operation of an institution system which coordinates, implements, monitors, supervises and assesses the responsibilities to be carried out in different policies.
2. The Strategy is based on the following six priorities:
(a) Achieving equal economic independence for women and men, eliminating the gender pay gap, considering the issues of poverty and health in relation to women;
(b) Stronger support for the reconciliation of work, private and family life;
(c) Facilitating the reduction of the disproportional participation of women and men in political and economic decision-making, as well as in the field of sciences;
(d) Taking the necessary measures to eradicate and efficiently prevent violence;
(e) Eliminating gender stereotypes;
(f) Laying the professional foundations for the changes required to achieve the targets set by gender mainstreaming (training, institution systems, budgeting, aggregated data collection).
3. The Government will adopt the Strategy as a long-term development concept. The action plans to be made every two years will include the measures related to long-term targets as well as the actual methods of implementation. The first two-year action plan has been adopted by Government Resolution No. 1095/2010 (IV. 21) on the first action plan (2010–2011) of the National Strategy for the Promotion of Gender Equality – Guidelines and Objectives 2010–2021.
4. The Government supports the principle according to which the funds necessary to carrying out the tasks identified in the Strategy shall be provided from the central budget. Therefore in the course of budgeting it will provide support considering the directions and targets of the Strategy every year.
II. Implementation of the gender equality strategy
A. Achieving equal economic independence for women and men, eliminating the gender pay gap, women, poverty and health
5. Tasks in the areas of achieving equal economic independence for women and men, eliminating the gender pay gap, and considering the issues of poverty and health in relation to women include the following.
6. Establishing equal economic independence for women and men:
• Reaching a 60% employment rate for women as set in the Lisbon Action Plan for the age group identified therein
• Increasing the presence of mothers with small children on the labour market in order to move closer towards the average of the EU member states
• Supporting initiatives to facilitate “white” employment of women working in the black/gray economy
• Creating the conditions within the labour market to promote the presence of women living in rural areas
• Integrating unskilled women and men with low education levels in life-long learning programs through government support with the aim of encouraging the completion of primary school studies followed by vocational training and relevant further training, at the level expected by the European Union
• Reviewing the experience of the amendment to Act CXXV of 2003 on equal treatment and the promotion of equal opportunities entering into force on 1 May, 2010, to see whether this obligation can be promoted in the private sphere, and if yes, how it is to be done
7. Eliminating the gender pay gap and the gender employment gap:
• Helping to reduce the pay gap on the labour market by enforcing the principle of “equal pay for equal work”
• Spreading the standard comparative methods for occupations, jobs, wages and performance
• Promoting the presence of women in jobs considered as “masculine” and making “female” occupations attractive to men (reducing horizontal segregation)
• Promoting a more gender-equitable representation of the positions in the educational and vocational training system
• Preparing women for holding higher positions
8. Women in business:
• Eliminating the problems of economies of scale affecting both women and men, providing the relevant information at all levels of economic decision-making
• Promoting self-employment and entrepreneurship of women, reducing knowledge and culture related risks
• Supporting measures to improve employment and to facilitate access to resources in order to put women’s businesses on the growth path
• Enabling women in multiple disadvantageous positions to make use of micro-credit schemes
9. Reducing the risk of poverty among women:
• Working out the methodology of measuring women’s income poverty, multiple financial deprivation, and gender differences in social exclusion
• Creating the opportunity for research to explore the disadvantages arising from women’s lower income, mainly in the field of social services
• The average age of women and men leaving the labour market is to be increased by 5 years as compared to the present age (EU directive)
• Strengthening the labour market position of single parents rearing children
• Helping to improve the quality of life of young Roma women with children, living in the most disadvantaged settlements
• Reducing unequal opportunities between Roma and non-Roma women in education, employment and health care
• Helping to prevent elderly women living alone in rural areas from falling into poverty
• Detecting the labour market problems of migrant women and men with international protection (refugees and protected), encouraging the improvement of their employment opportunities
10. Improving the health status of women and men, taking into account factors that increasingly threaten women:
• Mobilizing elderly women’s readiness to help, making good use of such resources
• Organizing programs promoting the participation of women in organized public health screening, ensuring equal access to disadvantaged women
• Improving the health condition of Roma women through targeted prevention programs
• Promoting the improvement of the status of single women, migrant women and men with international protection (refugees and protected, etc.)
• Facilitating access to psychosocial and psychotherapeutic treatment for traumatized, tortured or inhumanly treated women and girls under international protection
• Encouraging and widely promoting the importance of regular physical exercise as a way to maintain good physical and mental health
• Developing a health-conscious attitude from childhood
11. Improving the health status of women and men, taking into account factors that increasingly threaten men:
• Changing the one-sided performance and work-oriented attitude of men, and promoting the participation of men in child care
• Organizing programs promoting the participation of men in organized public health screening, ensuring equal access to disadvantaged men
• Developing health-conscious conduct from childhood
12. Improving the health status of women and men, taking into account both genders:
• Practical implementation of prevention and widening the scope of general medical screening
• Increasing the efficiency of general medical screening
• Revision of the present system of sexual education, integration of the existing systems, development of new tools
• Providing information to the wider public about the methods of contraception, making the products more accessible, ensuring free access to contraceptives for disadvantaged people, with a view to family-life education
• Establishing a special support service to male and female pensioners living alone, involving volunteers, self-help and peer helpers (mental development program)
13. Indicators necessary to achieve the objectives:
• Employment rates of 15–64 year-old women and men by education level
• Unemployment rates of 15–64 year-old women and men by education level
• Long-term (over a year) unemployment rate of 15–64 year-old women and men
• Economic activity rates by gender and settlement type
• Employment rates of 25–49 year-old women and men with and without children under 12 years of age
• Participation of Roma women in employment and training
• Training and employment of migrant and refugee women
• Difference in the gross hourly wages of women and men, in percentage terms
• Number of female entrepreneurs
• Number of years in good health
• Number of free vaccinations received
• Number of people participating in health screenings
• Rate of participation in health screening organized for the population (mammogram, cervical)
• Cancer related mortality rate for women and men
• Number of completed health screenings
• Number of screenings done by physicians, not financed publicly
• Number of abortions
• Number of women regularly doing some physical activity under registered conditions
B. Stronger support for the reconciliation of work, private and family life
14. Facilitating the reconciliation of work, family and private obligations in the world of work, both for women and men, including:
• Spreading the forms of work that facilitate the reconciliation of work and private life for both genders (part-time, remote, tandem, flexible work hours, work time bank)
• Providing expert recommendations to eliminate low wages and high contributions hindering their use in practice
15. Facilitating the reconciliation of work and private obligations in respect of child care leave for both women and men:
• Reconsidering the system of childcare allowances for a better division of responsibilities within the family
• Further developing the system of part-time work combined with the child care allowance scheme
16. Facilitating the reconciliation of work and private obligations, both for women and men, by providing partial State and employer care:
• Considerably increasing the capacities of kindergartens
• Encouraging the re-opening of closed company/workplace crèches and kindergartens
• Improving the territorial division of child institutions basically through the (re)-opening of State crèches, and supplementing them, establishing family daycare centers and a system of home childcare
• After the assessment of the outcome of the “Sure Start Program”, relevant innovations should be widely introduced
• Utilizing and spreading the innovations created under the 2007–2032 National Strategy: “Making Life Better for Children”
17. In the case of urban developments, before plots are allocated for housing parks, housing estates and family houses, the entrepreneur is be encouraged to make preliminary studies together with the municipality even when the plans are submitted, so that the number of children of the families moving in can be estimated. Clinics for children, crèches and kindergartens and even primary schools are to be planned as a part of the basic infrastructure if necessary, since these new estates — often in the agglomeration areas — attract families with small children, and the village, city or part of the city accommodating the new estate often fails to expand the capacities of its childcare institutions and, as a result, it is not prepared to meet the needs arising in the near future.
18. It should be examined how the persons providing household and care services — cleaning, ironing, nursing, care for children and the elderly, garden works, daytime family services, etc. — could gradually and optionally be remunerated in a better way than before.
19. The capacities of State care for the elderly, and the number of persons employed in home care need to be increased.
20. Facilitating the reconciliation of work and private obligations, both for women and men, through education that is free of gender stereotypes, with special emphasis on household and childcare tasks.
21. During pregnancy, the father should also take part in the consultation with the district nurse at least once in each trimester in order to be prepared for caring for the baby and for sharing the work when the baby is born, etc.
22. Facilitating the reconciliation of work private obligations, both for women and men, by creating a child-friendly environment.
23. Spreading child-friendly solutions through architectural and interior design – ramps, baby care facilities in both gender’s toilets or in the hall, baby room for breast feeding, children’s corner, baby highchair, play corner, baby stand to reach the wash basin, etc. –, child-friendly services in public institutions, recommendations for shops, hotels, libraries, transportation companies, petrol stations, restaurants, etc.
24. Introducing a State award for child-friendly institutions and shops, similar to the “Family-Friendly Workplace” award.
25. Indicators necessary to achieve the objectives:
• Capacities for crèches and kindergartens, their territorial division
• Number and share of women and men working in atypical forms of working
• Number of women and men making use of childcare allowance, family allowance, childcare allowance combined with part-time working, sick leave if the child is ill
• Gender aggregated statistics on the hours spent in household work and at the workplace
• Number of nurses employed by the municipalities for home care for the sick and the elderly
• Capacities of the institutions providing care services
• Number of the municipalities cooperating with families in caring for the sick
• Number of the institutions and shops that have won the “Child-Friendly Award”
C. Facilitating the reduction of uneven participation of women and men in political and economic decision-making, as well as in the field of sciences
26. The conditions to eliminate women’s disadvantages in political decision-making should be created by planning institutional reforms.
27. The possibility of how a more proportionate representation of women in political decision-making could be achieved should be investigated.
28. Women’s participation in leading positions should be increased by the end of the period both in the public and the private sectors by making equal opportunities plans more pronounced, so that it be 1/3 higher as compared to the starting point and/or the rate of both genders reach at least 40%. One of the ways gender segregation in economic decision-making and in general in the world of work can be eliminated could be if we ensure the necessary rate of participation by women.
29. Gender issues as a subject of research should be a priority in all the research, development and innovation projects financed by EU resources in the coming period, and gender attitude and methodology should be included in applied research methods. When application schemes are invited and assessed, special attention should be given to the gender aspect.
30. Elimination of women’s disadvantages in the educational and research institutes. Through gender oriented research, other new, innovative approaches may come to light. Based on the new aspects, new scientific results can certainly be expected. A precondition for this is to eliminate the obstacles hindering women’s promotion in their scientific career and their participation in research grant applications.
31. Conscious, continuous and structured Government preparatory work and a campaign to shape the attitude of the society to achieve the desired objectives by, inter alia:
• A permanent campaign through the publication and dissemination of books and information documents and their promotion even via public service advertisement because no social and political reform can be expected without the commitment of the government
• Encouraging gender consciousness and a shift in socially accepted values
32. Indicators necessary to achieve the objectives:
• Number and rate of women in political decision-making
• Number and rate of women in economic decision-making
• Number and rate of women in certain levels and fields of sciences
D. Taking steps towards efficiently combating, preventing and eliminating all forms of violence against women, and the violation of a person’s right to physical and mental integrity
33. Establish the general legal and infrastructural frameworks for the protection of victims and hold the offenders liable by the following.
34. Compile professional protocols in accordance with human rights aspects as described in Point II. a) of Parliament Resolution 45/2003 (IV.16.) for all the professions involved in handling issues of violence against women. The professional protocol of the Police is included in Order 32/2007 (OT. 26.) ORFK. Similar protocols for professions involved in law enforcement, and for public health and psycho-social professions are also to be worked out.
35. Develop training programs providing the right attitude and knowledge for the recognition and acknowledgement of the violation of human rights when women suffer violence, similarly to the regular training provided by the Justice Agency to probation officers, to staff members providing assistance to victims, and to other specialists.
36. Set up a phone or personal assistance service on violence against women as a violation of human rights, strengthening such service for women falling victims to different forms of violence.
37. Involve health, training and social institutions in the process of preventing and treating violence against women; introduce courses on violence against women and on human rights in public education, secondary and higher educational institutions; issue information leaflets and manuals on Hungarian and European legislations on the rights of women, publishing a series of documents on what needs to be known on the practical enforcement of such rights.
38. Develop the collection of statistical data on all types of registered acts that are considered as violence against women, broken down between genders and the types of violence, as well as on the relation between the offender and the victim, making existing databases (Netzsaru, ENYÜBS, OITH) comparable, making data collection uniform based on protocols, making them public, and the publication of said statistical data on the Internet every year, in a easily accessible and searchable database. When private data related to crimes are handled for statistical purposes, data management rules are to be observed when the conditions for legislative work are examined.
39. Implement the above measures in cooperation with the civil organizations that have been dealing with such issues for a long time and which are experienced in treating the victims, and checking regularly if the objectives are met, monitoring the progress made so that sub-tasks may be identified.
40. With regard to domestic violence against women, a precise definition of domestic violence and related terms on the basis of international definitions, in the appropriate branch of the law.
41. Based on these precise definitions, consider the amendment of the Criminal Code or of the Act on misdemeanors.
42. Expand the gender aggregated criminal statistical data collection with quantitative data on the sanctions applied (stating related punishments), primarily by developing further the professional content of data provided by criminal courts to criminal records bodies, as well as by creating the possibility of utilizing recorded sanction data for statistical purposes, including the examination of the conditions for legislative and IT developments, if necessary. When private data related to crimes are handled, data management rules are to be observed when the conditions for legislative work are examined.
43. Organize regular surveys regarding attrition and support target-oriented research.
44. Increase the personal and institutional capacities of public and civil services for the protection of victims of domestic violence, introducing integrated client service developed and applied by civil organizations also in the public service providers dealing with victims, developing assistance, supplementing the services of existing crisis centers by applying the method of electronic assistance, among others.
45. Prevent the diversion of human and financial resources from victims as a result of dealing with offenders (diversion from violent conduct), integrating into the curriculum of public education and in the training of specialists in order to recognize conducts of violence, as a special preventive measure against domestic violence, and involving the mass media in the elimination of stereotypes related to violence between partners and to the romantic message conveyed by such violence, launching information campaigns, shaping public opinion, disseminating training materials, and issuing calls for applications.
46. Regarding sexual harassment, provide a precise legal definition of the terms.
47. Collect statistical data on the number of, and on the course of such cases, and ensuring that such data is made public on regular bases, conduct research and both representative and qualitative surveys regularly.
48. Disclose the activities related to Hungary and their outcome performed by the work group established to facilitate the enhanced sanctioning of gender-based discrimination, to the authorities established by the European Union in 2007, monitor compliance with the requirements of equal treatment in members states, and assure transparency.
49. Provide continuous training with a gender approach to the staff members and decision-makers of the authority responsible for compliance with the equal treatment principle, as well as to labour court judges.
50. Work out Rules of Conduct, also cover the detailed mechanism of submitting complaints as a model for employers, and make the application of said Rules compulsory at least for employers obliged to prepare equal opportunities plans.
51. Conduct information campaigns for the public and especially for employees and employers.
52. Regarding harassment/stalking, careful revision of the provision on harassment in the Criminal Code, amending it if necessary and providing training to the police and other actors in law enforcement as well as to other relevant professions on harassment, its effects on victims and on the seriousness of the act, with special regard to the preventive function of recognizing threatening harassment in its early stages.
53. Collect statistical data based on representative and qualitative surveys, including the proceedings started based on the legal status of harassment as defined in the Criminal Code, including the course procedures take.
54. On sexual integrity, widen the collection of statistical data, make representative national surveys, monitor the course cases take, provide access to data in the records and databases kept by the authorities, and support surveys aimed at data collection by independent organizations and researchers with special regard to the fact that the latency of sexual abuses is extremely high.
55. Support developments aimed at providing wide and objective knowledge regarding sexual culture and behaviour to students of primary and secondary schools and at preparing them for adult life and for responsible and joyful relationships. Promote the implementation of sexual and mental hygiene projects in order to enhance the right to sexual integrity.
56. Establish special official units dealing with different types of rapes, especially, but not only within the investigating authorities, courts and health care institutions; provide special training courses to their employees on the nature of violence against women, on the international definition of women’s human rights, on the recognition of offenders and victims and on the tasks related to handling them.
57. Work out protocols regarding the action taken by the different authorities acting in cases of sexual violence, and provide integrated services to victims of sexual violence and sexual abuse, taking into account the recommendations of the Council of Europe.
58. Use special technical equipment already widely used in victim protection in other countries (hearing via closed circuit television, recording the hearing and the testimonies on audio and video tapes, etc.) in order to protect the victim, especially to avoid the typical re-victimization resulting from repeated testimonies.
59. In relation to prostitution, human trafficking, pornography, carry out research in sociology, psychology, health, economics and criminology on organized crime and providing information with the aim of decreasing the acceptance of prostitution as a social phenomenon. Since there are huge efforts made to make pornography socially acceptable, at the price of exploiting many women and girls, information should be provided on an ongoing basis to influence the public opinion.
60. Prevent victimization of migrant women and men, being defenceless, they may easily fall victims of prostitution and human trafficking.
61. Indicators necessary to achieve the objectives:
• Number and direction of the changes in legislations interpreting any form of violence against women as a violation of the right to self-determination and human rights of women
• Number of the reported, registered, examined and sanctioned violent crimes against women
• Number, type, length of ordered coercive measures in criminal proceedings, type, extend and length of the applied sanctions
• Number of services provided by the state and NGOs, number and financing resources of special crisis services provided by phone or in person, those of crisis services, legal aids and integrated services
• Data on existing crisis centers and on the ones to be established; number of victims and requests for assistance, the type of the assistance provided the results of monitoring, etc.
• Number of persons participating in training courses by types of training, training days and trainers
• Satisfaction indicators of the users of such services based on independent surveys
• Number of those targeted by information and training documents in line with the human rights approach
• Changes in the financial and human resources of state organizations responsible for the issue, as well as of civil organizations tackling violence against women, changes in the financing for direct services and for assisting target groups
• Number of uniform professional protocols regarding these issues
• Number of the surveys revealing the financial implications of violence against women in both the national economy and private life
• Number of the victims of domestic violence between genders and age groups
• Number of news articles, information documents, and other documents published in the electronic press with no stereotypes
• Number of campaigns for information provisions and forming public opinion, with no stereotypes and humiliating illustrations of women in any way, or blaming of the victims
• Number of primary, secondary and higher educational institutions using educational materials free of prejudices
• Amounts spent and appearing in health care and in the assistance services
• Number of the campaigns stating men’s responsibility in eliminating violence against women
• Number of the services aimed at men, for the protection of women against violence
• Rate of the costs of services provided to men compared to the costs of services provided to the victims or of the measures aimed at the protection of the victims, where such rate does not exceed 10%
• Special attention is to be paid to women victims of multiple discrimination in case of each of the indicators
E. Facilitating the reduction of gender-based stereotypes
62. Eliminate gender-based stereotypes in education, including regular revision of the National Core Curriculum by depicting stereotype free gender identity and competences ensuring equal social opportunities as a need of the students and as an educational asset.
63. Facilitate the development of further training systems for all the professions taking part in education: education administrators, experts of public education and teachers. The objective is to support the implementation of gender sensitive curriculum.
64. Educational services should include the gender approach and its promotion in order to encourage the gender equality issue to appear in related professional consultations.
65. Develop further the application of gender-based criteria when textbooks and curricula are approved. The issue of gender equality should appear as a horizontal aspect when educational materials are developed for public education.
66. Promote the establishment of a research base for higher education which is responsible for establishing the knowledge background for the innovations and developments of gender education policy, for developing and publishing an information base and for working out further strategic recommendations for education policy.
67. Widen adult education and lifelong learning, introducing training for a second chance, integrated into the education system (e.g. through the establishment of a female academy).
68. Eliminating gender-based stereotypes with media participation involves working out a system of criteria which may be the basis of the revision of the relevant legal regulations, in order to use of sexist-free and gender equality supporting media language and illustration, to develop such model “media products”.
69. Facilitate the participation of women in public political, sport, scientific and business TV and radio programs and issues; encouraging media series which facilitate the dissemination of knowledge on gender equality; promote the gender based revision of media knowledge in public education.
70. Indicators necessary to achieve the objectives:
• Amount spent on gender training and the number of participants
• Number of schools interested in the issue and participating in the pilot project
• Number of teachers participating in the pilot project
• Number of students participating in the pilot project
• Number of functionally illiterate women
• Presence of genders in the press (public life programs, number of male and female editors, etc.)
• Passive presence, by genders
• Rate of non-stereotypic illustrations compared to stereotypic ones
• Number of illustrations that humiliate women and use them as decoration in the media and especially in advertisements
• Number of women and men participating in distant education
III. Report on the implementation of the Convention
A. Dissemination of the Committee’s concluding comments (CEDAW/C/HUN/CO/6)
71. The Government has published the concluding comments of the CEDAW Committee on the homepage of the Ministry responsible for women’s issues. They are still available there. The costs of translation were borne by the Government.
72. In addition, the recommendations were made available to the public in Hungarian. A volume titled “Women’s rights” including the Convention together with the related Optional Protocol, the general recommendations of the CEDAW Committee and the specific recommendations for Hungary are also available. Said volume was published in 1,500 copies. In addition to the governmental level, it was also sent to other forums including civil organizations, trade unions, specialized conferences, etc.
Communication No. 4/2004, Sz. A. v. Hungary
73. In Hungary the National Public Health Service checks the health care institutions and levies penalties in case of breaches of law. It coordinates the professional supervision over health care and arranges for the professional supervision of health care service providers with the participation of county public health administration organs and regional public health institutions.
74. The National Center for Healthcare Audit and Inspection also functions as a control.
75. With the involvement of experts and civil organizations (including the European Roma Rights Center) the Government conducted reconciliation in relation to the regulation of sterilization so that the CEDAW Committee’s recommendations and other relevant international norms may be better represented in regulations. As a result of all this, legislation was amended on the basis of paragraph d) of section 28 of Act XXVIII of 2008 on amendment of certain health care acts. Therefore, Subsection (8) of Section 187 of Act CLIV of 1997 on health no longer contains the possibility of failing to provide information. Currently the wording of the act is as follows:
“(1) Sterilization, which shall render either gender incapable of reproduction, may be performed based on the written application from the woman or man affected:
(a) over 18 years of age for persons of legal capacity or of diminished capacity;
(b) under 18 years of age for persons of diminished capacity, if the conditions under Subsection (7) are met; and
(c) for incapacitated person, as provided for by Section 187/B.
(2) When the application for sterilization is submitted, the appointed physician of the healthcare provider shall inform the applicant orally and in writing of other opportunities of contraception that can be made use of by him/her or by his/her partner, the nature of the intervention, it’s possible risks and consequences as well as of the chances of the restoration of procreative capacity.
(3) Furthermore, when the application for sterilization is submitted, the healthcare provider shall inform the applicant that if he/she maintains his/her intention to undergo the medical intervention, he/she shall again appear before the healthcare provider in 6 months’ time following the information, with the exception of what is contained in Subsection (4). If the applicant appears before the healthcare provider in 6 months’ time and declares that he/she maintains his/her request regarding his/her sterilization, the intervention may be made in six months’ time from making said declaration unless it is facilitated by an obstetrical or other operation event earlier.
(4) As to application for individuals over 26 years of age, the provisions in Subsection (3) shall be applied by asking the applicant to appear before the healthcare provider again in three months’ time following the information and the intervention may be made in three months’ time after said appearance.
(5) If the intervention is for the sterilization of a person of diminished capacity or and incapacitated person, the information provided for under Subsections (2)–(4) shall be given to such person in consideration of the reason for the diminished capacity or incapacity, in a way understandable for such persons.
(6) The application for sterilization shall be submitted in a public document or private document of full probative force.
(7) The intervention shall be made for health reasons if, based on the expertise of the medical specialist:
(a) the pregnancy directly jeopardized the life, bodily integrity, good health of the woman or it is highly probable that the child born of the pregnancy would suffer from serious disabilities;
(b) no other method of contraception is possible or recommendable for health reasons.
(8) When the intervention is conducted for the health reason described in Subsection (7), the provisions of Subsections (3)–(4) shall apply.”
76. Furthermore, the Ministry responsible for public health sent the sample form recommended and provided by NGOs for obtaining well-founded agreement to the competent professional divisions, which have reviewed and are currently considering such.
Compensation for the complainant
77. Based on the Hungarian Government’s resolution of 18 March 2009, a sum of HUF 5,400,000 was remitted to the bank account of Sz.A. on 11 June 2009, to the debit of the title of indemnification of private and other legal persons 6, miscellaneous expenditures 1, other budgetary expenses 17, Ministry of Finances XXII, available to the minister of finances.
78. By virtue of the decision of the Government, the basis of the remittance was the UN committee recommendation (as included in the related instruction of the minister of finances). In the remark column of the remittance order “Compensation to Sz. A.” is indicated.
B. Implementation of the Convention
79. Article 70/A of the Constitution unambiguously states that all forms of discrimination are prohibited in terms of persons staying on the territory of the country, including the discrimination based on gender. Furthermore, it stipulates that discrimination will seriously be punished by the law. In addition to the negative, banning provision, the state shall show an active, positive conduct for the avoidance and elimination of said discriminations as Article 70/A (3) states that the reaching of equal rights shall be supported by special measures on eliminating inequalities.
80. Article 66 of the Constitutions gives detailed and specific provisions on guaranteeing equal rights to women and men, in terms of civil, political, economic, social and cultural rights. It specifically points out the enforcement of the rights of women in relation to childbirth, thus giving special attention to the role that greatly determines the life of women and essential both for them and for the society.
81. Therefore, in accordance with the objectives of the Convention, the Constitution, the primary rules of law, sets that special protection is to be provided to women against discrimination. Furthermore, Article 66 of the Constitution provides for the equality of women and men in the field of labour, which is a basic right that may serve as the basis for the liquidation of the disadvantageous position of women as it provides adequate business strength to women to represent and enforce their interests and rights, respectively, to the highest possible extent.
82. Based on all this we think that the primary (highest level) rule of law of Hungary fully complies with the requirements related to the fight for the achievement of the objectives of the Convention since as a result of the constitutional rules it provides said objectives both with legal and with symbolic strength due to the constitutional form.
83. Furthermore, we consider as important to the State that when draft rules of law are opinionated, attention is always to be paid to the provisions of the Constitution, meaning that when the draft rule of law is reviewed in terms of its constitutionality, the ban on negative discrimination is to be enforced as well since otherwise the rule of law will be contrary to the Constitution and the Convention as well.
84. We are of the opinion that the Hungarian regulations meet the requirements set in Article 2 of the Convention. The above provisions figuring in the Constitution as well as the acts regulating the basic fields of life including but not limited to the Labour Code, as well as the acts regulating education, health, political rights and family status, treat women and men equally and do not contain any provision that excludes or restricts the participation or rights of either gender in a certain field. Considering this fact, we think that the Hungarian regulation also meets the requirements under Article 3 of the Convention.
85. As to the affairs related to the training and education of judges and justice employees, the National Council of Justice (OIT) autonomously responsible for the administration of courts, makes decisions in compliance with the current constitutional order of our country. Accordingly, the OIT accepts the annual training plan of the Hungarian Judge Training Academy, in terms of which the minister of justice, who is a member of OIT, may only make proposals and remarks.
86. As for the rights of women, the Hungarian Judge Training Academy plans to provide the following training courses in 2011:
• Two-day consultation for judges engaged in family law cases, for the discussion of the practical issues related to Act LXXII of 2009 on restraining to be introduced owing to violence between relatives
• Two-day training for judges on empathy and sympathy in courts (developing empathy providing help to the work of judges, recognition and elimination of the factors of feeling sympathy in the course of court work, generated by individual characteristics)
87. Training courses planned for 2010:
• One-day course on the establishment of the amount of the childcare allowance in light of changed business and income positions
• Two-day course for judges dealing with criminal cases, on sexual and other violent crimes
• General dissemination of knowledge is facilitated by the public administration by publications, conferences and seminars
88. For strengthening the role of the Equal Treatment Authority (hereinafter: Authority), the colleagues of the Authority (so-called equal treatment clerks) have been present in county offices since 1 September 2009. Each colleague of said network has legal qualification and considerable experience in the field of equal treatment. In addition, a campaign is underway for increasing the awareness of the Authority and for meeting the requirements of equal treatment fully.
Work done by the Equal Treatment Authority
89. Similarly to former years, in 2009, the rights related to equal treatment were infringed in the field of employment in the greatest number (21) followed by gender (6), age (5), differing opinion (4), maternity, ethics (2-2), sexuality and trade unionism (1-1). The Authority found discrimination in 17 cases in relation to age (6), disability (3), ethnic origin and colour of the skin (3), maternity, political views and sexuality while it established multiple discrimination in two cases. From among the 48 cases, 30 were linked to business associations, while the remaining ones led to sanctions against municipalities, institutions and public authorities.
90. Altogether, HUF 33,600,000 was levied in fines and the Authority ordered the publication of 33 decisions. The Authority focused on the increase of legal consciousness and on the provision of information in 2009, too. In addition to the publication of decisions, the homepage of the Authority gave summaries on all the decisions establishing violation of law or approving compromises as well as on refusing decisions or for the separation of discriminations and other violations of law.
91. The leaders and colleagues of the Authority gave information to the public on 91 occasions. They demonstrated 6 actual cases through the media and accepted 60 invitations of social organizations and co-authorities at different events. In 2009 74,138 persons visited the homepage of the Equal Treatment Authority.
92. In 2009, 273 decisions were made in respect of 1087 petitions (decision, order of non prosecution, resolution approving a compromise).
93. In 2008, the Authority closed 256 cases through decisions or orders. It established the infringement of the requirement of equal treatment in 37 cases out of the above 256 ones. It is clear that in 2009, the number of closed cases increased on one hand, while the number of cases closed with resolutions establishing violation of the law also increased on the other.
94. In 2009, the Authority established the infringement of the requirement of equal treatment in the field of employment in 20 cases (4-4 in terms of age and gender, respectively (28.6%), 3 regarding differing opinion, 1-1 (9.5%) in respect of maternity, trade unionism, sexuality and other status provided for by Point t) of Section 8 of the Equal Treatment Act. Multiple-discrimination was established in four cases: in relation to maternity and family status, belonging to an ethnic minority, differing opinion and protected features.
95. In the area of goods and services, the Authority established discrimination in 17 cases in 2009. Out of them, 6 cases concerned age, 3 on disability, 2-2 cases ethnic minority and sexuality and 1-1 motherhood/fatherhood (5.9%), political views or another status of the complainant. One case implied multiple discrimination (belonging to an ethnic group and colour). The Authority established discrimination in all 17 cases – one case implied harassment as well. 12.5% of the procedures initiated within the framework of claims of public interest were launched because of gender.
The national institutional system
96. Following the 2010 elections the national institutional system responsible for the advancement of women is operating within the framework of the Ministry of National Resources, through the Department of Equal Opportunities. Based on the Organizational and Operational Rules of the Ministry of National Resources, its duties, among others, are as follows:
(a) Within the framework of codification activities, the Department of Equal Opportunities makes the concept related to voluntarism of public interest, equality between women and men as well as to other legal instruments and legal means of government control relating to the duties of equal opportunities;
(b) Within the framework of coordination duties the Department of Equal Opportunities coordinates the development and implementation of the programs and concepts affecting many industries and professional fields and aimed at establishing gender equality;
(c) Under its EU and international duties the Department of Equal Opportunities:
• Performs the duties related to gender affairs resulting from the EU membership and other international obligations
• Makes regular reports on the implementation of the Convention and its recommendations as well as on the achievement of the objectives of the Fourth World Conference on Women of the United Nations
• Participates in solving complaints afflicting the Hungarian state in relation to the contents of the Convention
(d) Within the framework of other duties, the Department of Equal Opportunities:
• Exercises right of agreement to enforce the aspects of equal opportunities in cases of motions connected with the life circumstances of disadvantaged social groups
• Operates the National Network of Equal Opportunities
• Reviews and reworks the strategic document “National Action Plan” aimed at establishing gender equality, related development ideas of professional policy and professional program and monitors the implementation of such in cooperation with the Department of Family Policy
• Participates in managing the tenders facilitating gender equality and belonging to the sphere of activities of the ministry in the field of equal opportunities
• Develops the professional contents of the utilization of international resources facilitating gender equality and that of other international resources related to the duties of the ministry, participates in monitoring the programs financed from international funds in terms of professional aspects
• Operates and exercises professional control over the institutional system established for the victims of domestic violence and those of child abuse
• Performs duties related to the prevention and reduction of human trafficking and prostitution
• Performs the duties of the Council of Gender Equality and harmonizes its operation with the Family Policy Council
• Performs the duties related to the ministry’s programs facilitating equal opportunities and to the assurance of social equality, which do not belong to other public administration body or other organizational unit of the ministry
97. The Gender Equality Council still exists. To involve an even wider stratum, the churches will also take part in the works of the Council as from 2011 according to the plans of the Government. It is expected that through that expansion groups enjoying restricted attention from the government may also become more sensitive to the issues related to the equality between women and men.
98. The Department of Equal Opportunities maintains connections with civil organizations and supports them financially.
99. In 2009, a series of training courses was held on the topic of equality between women and men with the participation of the colleagues of the Office of the Prime Minister, the Ministry of Rural Development, Ministry of National Resources, Ministry of Finances, National Development Agency, Tax and Financial Revenues Office and the Hungarian State Treasury. The main target of the training was to convey comprehensive special and practical knowledge to specialists in their own professional fields so that the gender aspect may be enforced and good examples may be disseminated in practice.
100. The courses were conducted with the cooperation of the gender experts of the Hungarian Women’s Lobby and the coaches of the Budapest Organization of the Consensus Foundation. The competent ministry published a manual for the series, titled “From the coastline to the mainstream”, as it believes that the said material will be able to provide useful information in the future as well both to participants and to the increasing number of stakeholders.
101. In addition, new textbooks were compiled for the Controlling Authorities of the National Development Agency each, the contents of which are adjusted to the main duties of said authorities. The volumes can be downloaded from the homepage of the Ministry of National Resources (Consensus Budapest) and the National Development Agency (http://www.nfu.hu).
Gender-based stereotypes: evaluation of the educational system
102. Equality of women in education is stated in the Constitution.
103. The measure aimed at reducing the drawback related to having children is included in the Subsection (4) of Section 22 of Government Decree 237/2006. (XI.27.) on the admission procedures of higher educational institutions, related to the implementation of Act CXXXIX of 2005 on higher education, which provides additional points to mothers staying with their child at home so that they can pursue studies, improving in this way their chances on the labour market, which increases their business strength and facilitates the potential break-out from their disadvantageous position or the best possible utilization of their opportunities.
104. In addition, despite governmental efforts, education in Hungary is still segregated by genders, which can be experienced mainly in vocational training and in higher education. Women take part in out-of-school training courses in a relatively higher number than men. The specific feature of labour market courses is that the rate of women taking part in them is by nearly 10% higher than that of men.
105. Act LXXIX of 1993 on public education sets the objective to introduce several structural and content changes in the system of public education. In addition to theoretic and strategic grounding corresponding to the EU Directives, the act provides legal background for the elaboration of local training profiles by educational institutions in accordance with the needs of pupils/students.
106. Legal grounding, however, has not been followed by a professional-public policy process that could offer the opportunity to the decisions makers and operators of public education of getting acquainted with and learning the competences of pedagogic organization, controlling and teaching methods based on teaching and education needs.
107. Pupil/student needs should include the compilation of curricula, teaching and learning methodologies and instruments in harmony with the requirements set by gender, ethnics, social stratum, individual drawbacks and advantages, all acknowledged by professional policy.
108. The decree regulating the quality of educational material and textbooks stipulates that when textbooks are evaluated, related contents are to be examined in terms of, among others, the stereotypes, statements, figures, graphics, and photos strengthening the inequality of opportunities.
109. As to the training of teachers, the theoretic grounding and methodology of inclusive pedagogy, multicultural pedagogy, gender pedagogy, and feminist pedagogy are only present among facultative or specialized courses in the program of universities.
110. As far as the present situation of higher education and that of the training of teachers are concerned, existing gender courses are clearly linked to persons/teachers, meaning that the course is offered where the status of the teacher exists.
111. The extensive professional and scientific assortment is prevented by the homogenization of higher education in terms of contents and quality as well, despite the fact that one of the objectives of the Bologna process is diversification and the opening towards wider strata of the society.
112. As to vocational and adult training, discrimination and segregation are not significant due to the diversity of target groups and operators.
113. According to a 2003 assessment on the labour market position of pedagogues, in the past decade the average age and the rate of women have risen for teachers employed in public education but the average level of qualification has reduced as the rate of those with college qualification has grown in younger age groups. This statement keeps on strengthening the segregation of the employees of public education by genders.
114. Though the majority of teachers are women, their rate in management has been reducing linearly with the prestige and the level of the position. Therefore, the glass ceiling effect can be clearly identified – women reach a lower level in hierarchy and their opportunity to hold leading positions is slighter than the one of men.
Gender stereotypes in the media
115. According to the provisions of Act I of 1996 on radio and television broadcasting, the activities of program providers shall not infringe human rights and shall not be appropriate, among others, for generating hatred for genders. If the program providers fail to meet the requirement of equal treatment in respect of women, the National Communications Authority shall launch proceedings against them.
116. Said authority examines in its annual report the rate of genders in the programs of national program providers (newsreels, background programs, actual programs and performances). In 2006 the composition of the (non-institutional) participants of newsreels was highly uneven. More than 80% of persons appearing in the programs were men. A slightly better rate was found in the newsreels of commercial TV channels (76% as compared to 24%) – the most significant difference was revealed in the newsreels and the analysis programs of one of the public radio channels (87% rate of men).
117. According to the records of the Authority, in 2006 altogether 38 thousand people appeared in the programs – the number of actors was the highest in a magazine broadcasted early in the morning (37%). As to the rate of genders, there is a considerable unevenness in terms of the programs. Every fourth guest of an analysis and educational program of a commercial TV channel was a woman. At the same time the background programs of several broadcasters can be considered masculine programs, as three quarters of the guests were men. To sum it up, men appear in programs six times more frequently than women (60.4% as compared to 8.3%).
118. In 2009, altogether 55 thousand actors were registered but as far as the rate of genders is concerned, considerable unevenness can be found among the programs. More than a quarter of the guests of political magazines were women. The program presenting the highest number male guests was also political one, broadcasted every day (69.8%) but if this rate is compared to the 2006 analyses, a slight improvement can be found. The appearance of women in magazine programs slightly reduced as compared to previous periods (12.1% compared to 11.1%).
119. There are few target group specified programs while, based on the data of watching the TV and listening to the radio, the television is the main source of information for about two-third of the population over 18. Mainly persons over 50, women and persons with low qualifications consider television as their main source of information. As compared to this, only 7% ranked radio the most important source, which is preceded by Internet and even the written press in the said ranking. Radio is a good information source mainly for the 18-19 age groups, while the latter two media are used the most by men and persons with high qualifications.
120. The results of several domestic and international surveys show that the Hungarian electronic and printed media (public, profit-oriented and alternative ones as well) convey a disadvantageous message on the social and cultural status and role of women in terms of topics as well as visual and linguistic communication when they are portrayed in a private or public environment. All this multiplies and gives further stimulus to the effect of stereotypic opinions resulting from traditional perceptions.
121. In addition to portraying disadvantageously, the “acceptance” of the sexist language and attitude in the media is clearly of discriminative character, therefore the media should be criticized by the society and a system of expectations should be established and operated which makes discriminative communication methods towards different minority groups unacceptable.
122. A part of the organizations responsible for auditing and self-regulation is characterized by gender blindness and inefficient operation (e.g. advertising self-regulatory body). Currently there are no assessable data on the operation of the media and that of the communications ombudsman of the Authority.
123. The complexity and relative disorganization of the media profession make difficulties in exerting pressure by the civil sphere, calling to account and enforcing interests in developing the strategies of such.
124. In the field of the profession and training of journalists and communication specialists, the lack of knowledge and sensitiveness in terms of social sciences also contributes to general gender blindness of the media.
Government measures for the elimination of stereotypes
125. The elimination of stereotypes is one of the most significant duties for the establishment of equality between women and men.
126. In 2007, the ministry responsible for promoting equality between women and men compiled a supplementary textbook for secondary education, which deals with the role of women in the history of the 20th century. In addition, film series consisting of 5 parts was also made under the title “Role – not a role” which deals with the stereotypes related to gender. In 2008, an auxiliary material for teachers, a DVD and information leaflets were issued for the series.
127. In 2009, the Government supported an accredited master course on the role of women for history teachers. The target group of the training consisted of teachers teaching history and social sciences in primary and secondary schools as well as students pursuing studies in secondary schools, universities and colleges. The training was aimed at facilitating the spreading of thinking that conveys, in all fields of life, values grounded on modern equality beyond traditional and distorting stereotypes related to gender.
128. The main content elements of the training were as follows:
(a) Historical lecture series for the demonstration of the implementation of the quality of women and that of related problems in the field of politics, right to vote, economy and society, education, everyday life and thinking in Hungary of the 19-20th century;
(b) The wording of the lectures was displayed together with additional information materials on a dedicated sub-page on the Internet homepage of the most significant history journal (www.rubicon.hu);
(c) Video records were taken on the lectures that were published on DVD together with the materials of the program.
129. In 2010 a mini training course series was held on national level.
130. In order to draw the attention of the society efficiently, the Government supported various media events, including the following:
• The spot competition, Sztereokόpia. Competition material is available on Youtube at http://www.youtube.com/results?search_query=sztereok%C3%B3pia&aq=f
• “Through women’s eyes,” magazine program on the public television channel
• Appearance at the Hungarian Film Week: the information related to equal opportunities emphasized by the educational films was conveyed to an even wider stratum through the film festival
131. In the course of said conveying, both direct and indirect forms were made use of: continuous projection of the DVD films (“Role – not a role”) in the community spaces, adjusted to the film spots, professional reference and advertising materials of the films.
132. At the box office level, only the edited spots of the films were projected on a continuous basis.
133. In the halls where the actual movies of the festival were projected, spots (provided by the ministry) edited in advertising block were projected before the start of the movie.
134. In the ceremonial prize event of the festival the representative of the ministry delivered a category prize based on the decision of the professional jury of the festival.
135. The “Through women’s eyes” series of the public television channel was also supported by the ministry. That program dealt with primary issues such as the reconciliation of work and private life, domestic violence or sexual harassment at workplaces.
Violence against women
136. Parliament adopted the amendment of the Criminal Code through Act XCI of 2005 on 4 July 2005, which includes restraining as behavioral rule that can be ordered within the framework of the probation period.
137. According to the act that came into force on 1 September 2005, the court or, if indictment is postponed, the prosecutor may stipulate in its/his resolution obligations and bans as behavioral rules and may, within all this, instruct the protégé to restrain from the injured party, or his/her apartment, place of work or educational institution attended by the injured party.
138. In addition, it was necessary to introduce the opportunity of restraining not only after but also before the end of the procedure. To this end, restraining was introduced as a new coercive measure into Act XIX of 1998 on criminal proceedings with effect of 1 July 2006.
139. Restraining may be ordered for a period of ten to sixty days for grounded suspicion of crimes that can be punished with imprisonment upon the initiation of the prosecutor, private prosecutor, substitute civil suitor, injured party, the legal representative of incompetent person or person of diminished capacity as well as the legal representative of the minor living in the same household with the accused person.
140. In the course of the period of restraining the accused shall:
• Leave the apartment identified in the resolution of the court and stay away from such for the period set by the court
• Stay away from the person identified, the residence and workplace of such person, the educational and training institution attended by such person, the healthcare institution attended by such person, the building attended by such person for religious purposes for the period set by the court
• Stay away from getting in touch with the identified person directly or indirectly
141. If the rules on restraining are wilfully infringed, the person subjected to restraining may be put to pre-trial detention or fined, if the former step is unnecessary.
142. Parliament adopted Act LXXII of 2009 on restraining because of violence among relatives on 22 July 2009 (hereinafter: Act LXXII of 2009), which has been in force since 1 October 2009.
143. By virtue of Act LXXII of 2009 the following is to be considered violence among relatives (close relatives, relatives, ex-spouses, former registered partners in life, custodian, person under custody, guardian and person under guardianship as defined by the Civil Code):
• Activity performed by the abuser to the injury of the abused, seriously and directly jeopardizing dignity, life, the right of sexual self-determination, body and spiritual integrity
• Default by the abuser to the injury of the abused seriously and directly jeopardizing dignity, life, the right of sexual self-determination, bodily and spiritual integrity (hereinafter jointly referred to as violence among relatives)
144. Based on Act LXXII of 2009 the police may order temporary restraining for a period of 72 hours if there is a grounded suspicion of violence based on all the circumstances of the incident — with special regard to the facts outlined by the abuser and the abused — the site of the violence between the relatives, the signs of violence between the relatives, the conduct of the abuser and the abused person and the relation between the abuser and the abused person.
145. When such temporary restraining is ordered, the police shall, ex officio, initiate non-litigious court proceedings for ordering such preventive restraining. In addition, the close relative or relative of the abused person (defined by the Civil Code) may also initiate such proceedings.
146. Such preventive restraining may be ordered by the court for maximum thirty days, upon the expiry of which the temporary restraining ordered shall lose its force.
147. Act LXXII of 2009 also established the legal consequences of the failure to observe the rules included in the resolution on restraining. According to the amendment to Act LXIX of 1999 on the violation of rules, the persons failing to observe the rules included in the temporary or final resolution on preventive restraining may be punished with detainment or a fine up to HUF 150 thousand.
148. The ungrounded initiation of preventive restraining shall be considered as violation of rules as well and may be punished with a fine up to 150 thousand Hungarian Forint
149. Act IV of 1978 on the Criminal Code (hereinafter: Criminal Code) sanctions harassment with effect of 1 January 2008. By virtue of said act the person regularly or permanently harassing another person to terrify him/her or to intervene into his/her private life or everyday life arbitrarily may be punished with imprisonment of up to one year if no other serious crime is committed. It is a qualified case and is to be punished more seriously if the abused is the former spouse of the abuser or his/her former registered partner in life or partner in life or if the abused is a person under his/her custody, supervision, care or medical treatment.
150. Effective 1 February 2009, Act LXXIX of 2008 on certain amendments necessary for the protection of law and order and the operation of justice amended the Criminal Code at several points. Among others the description of violation against the members of national, ethnic, racial or religious groups was changed to “violence against the members of communities” and the act extended criminal law protection to certain groups of the population and made the preparations for such crimes punishable.
151. Main provisions of the Criminal Code that came into force on 9 August 2009:
• Homicide to the injury of a person incapable of defense and violation of personal freedom are qualified cases
• By virtue of point 18 of Section 137 of the Criminal Code, the person is also incapable of defense who is temporary or finally unable to resist because of his/her position or condition
• The term of habitual criminal was introduced to persons committing violent crimes against persons on three occasions (among others, violent crimes against persons are e.g. homicide, murder in the second degree, bodily injury, duress, violence against the members of a community, rape, indecency)
• Such habitual criminals shall not be set on parole and the sentence of imprisonment shall not be suspended
152. By virtue of the amendment to the Criminal Code that came into effect on 23 July 2010, the upper limit of imprisonment regarding violent crimes committed by habitual criminals shall be increased to its twice. According to the act, if such upper limit exceeds twenty years, the crime may be punished even with life imprisonment.
153. Parliament Resolution 45/2003. (IV.16.) on the development of the national strategy on prevention and efficient treatment of domestic violence and the Parliament Resolution 115/2003. (X.28.) on the national strategy of crime prevention in the society sets and defines the duties of the Government.
154. Therefore, Hungary has established a unique institutional system operated with state subsidies. Its elements include:
• Regional Crisis Management Network – currently 10 in operation with national powers
• National Crisis Management and Information Phone Service – 24 hours a day, free of charge, from each point of the country
• Secret Shelter, national institute
• Role of the media, national road-shows, regular conferences, round-table discussions for specialist with the aim of forming public opinion
• Launching a system for the abused with the cooperation of the ministry, municipalities and civil organizations operating crisis centers
• Providing municipality flats where the abused may live for a period of five years while they are given help by specialists
Table summarizing the targets of the network
Professional, methodological work
1. Providing and applying the qualification related to the professional care of clients in crisis situation – in each region
2. Collecting and processing information, making surveys and analyses — with the involvement of experienced specialists — by the ministry as from 2006, professional performance of duties with the necessary background information, training courses, supervision discussions – organized by the ministry
3. Adequate information technology in the field of human services
4. Professional consultancy to local governments and civil organizations, supporting the indirect care for target groups – organized by the regional network.
Caring for the victims
1. Social, administrative and other caring, direct assistance to the victims of violence and persons in crisis situations as well as to victims and persons with special requirements and needing help
2. Employment, training, psychological, legal consultancy and information services – their organization and operation
3. Mentor-type services, mediation, family group conference
4. Professional placement and re-integration of victims in the safe social environment.
Domestic violence, reduction of the number of crisis situations through communication and information tools
1. Making use of social publicity and media while personality and data protection rights are respected
2. Communicating the planning and implementation of measures and programs aimed at reducing domestic violence, distributing informatory leaflets – the members of the network make use of the media operated in the region (local TV channel, press).
Network building, contact maintenance
1. Planning, organizing and implementing measures and programs aimed at developing the crisis management network, continuous expansion
2. Resource development, project management
3. Revealing principal and civil initiations related to the crisis, analyzing and publishing experience.
Professional support (TA)
1. Monitoring system
2. Professional programs, conferences, workshops
3. Planning and performing communication activities, publications
4. Public administration reconciliation
5. Conveying experience in different policies.
155. The Ministry has established a Monitoring Committee together with ministerial colleagues dealing with domestic violence to monitor the program and to assure high quality. The aim is to establish a monitoring, assessing and alarming system, which monitors the program and the financial utilization of the aids granted by the operator. In addition, the targets are achieved through the continuous opinionating of the program, which analyzes the results and effects, prepares for the distribution of successful elements and gives assistance in eliminating possible errors and shortcomings. The operators responsible for the program are given continuous feedback on the implementation of the program with special regard to problems and shortcomings. As a result, an action plan has been made for the coming period, reflecting the modes of solving problems in the future.
156. The monitoring system consists of two basic components: assessment of professional processes and that of financial ones.
157. The most significant feature of the program is the immediate protection of abused persons. A future aim is to operate a complex assistance and crisis management program (intensive social work, more efficient alarming system, and prompt social support, continuous mental hygienic and legal support) to the above target as well as the fulfilment of preventive, caring and post-caring duties.
158. The expansion of the network is continuous – in 2007 such assistance was available to a total of 25 persons through the organizations while in 2008 this number rose by 10. In 2011 a new institution is expected to join the network. Regional program chiefs began elaborating local professional protocols in December 2005 – they have been performing their activities based on said protocols since 2006.
159. The crisis centers participating in the model experiment closely cooperate with both the National Crisis Management and Information Telephone Service and the authorities acting in the cases of clients as well as with social and child protection and other organizations (members of the alarming system).
160. In addition to the crisis management network, the system of “Temporary Homes for Families” capable of hosting 2901 people is also operated in Hungary, which, based on rules of law, also receives victims of domestic violence – some of them are full of such victims while others receive such persons only based on a waiting list.
161. Data on the victims of violence within partnerships and on the child victims cared for in the Regional Crisis Management Network.
162. The crisis centers make good use of the cooperation with civil organizations and the media.
163. The crisis management program has been introduced through regional and local TV channels – many cities give assistance to those leaving the program by searching “adoptive families” to the abused. Civil organizations provide assistance through job seeking and providing accommodation.
National Crisis Management and Information Telephone Service (OKIT)
164. Within the framework of a model experiment and for the modernization of the phone service, a free, 24 hour service was established that can be utilized from everywhere in the country. OKIT has been operating since 1 April 2005. The colleagues of the service have mental hygienic, social policy and social worker qualifications. They do their work according to the professional protocol compiled by them.
165. Within the framework of the 24-hour phone service, two persons receive calls for 24 hours a day and initiate prompt measures after contacting the members of the network or inform the organizations closest to the client of professional aspects if no immediate action is needed. Said colleagues monitor problem-solving and ask the client, offices, institutions and authorities involved in improving the conditions of the client to provide feedback (that is generally given).
166. Before the launch of OKIT, its colleagues participated in a comprehensive professional training course. Continuous training is an integral part of the operation of the service even after its launch (e.g. on the topic of human trafficking). Furthermore, team meetings, case discussions, supervisions and a modern database provide assistance to their everyday work. The crisis phone service was established and is operated in consideration of international principles (IFOTES), rules of law in force and the ethic requirements of the profession. In 2008, 53,426 calls were received, the 68.26% of which were successful, meaning a 10% rise as compared to previous years.
167. OKIT is still contacted the most frequently with the following types of problem: family problems, domestic abuses and violence. Similarly to former years, altogether 1,010 persons contacted the service in the first half of 2010. The number of abuses of persons over 60 years was 20.
168. Based on the experience gained so far, the number of female callers is higher than that of male ones. In 2008, these rates were 68.42% and 31.58%, respectively. As for all the successful calls from private persons, the rate of female callers (2,557) is of 77.41% while that of male ones (746) was 22.59% in the first six months of 2010.
169. Female callers are primarily mothers with several children; there are only few single women among them. Calls related to domestic violence are in the highest number. Requests for advice are more frequent than the ones for accommodation.
170. The service maintains connections with all authorities, institutions and civil organizations that are able to and do act against domestic violence (e.g. Police, National Health Service, National Headquarters of the Border Guard, etc.).
171. The service has established good professional connections with the members of the alarming system (both with institutions and with civil organizations). They maintain daily connections with the regional crisis management network and communicate where there is vacancy in terms of accommodation. They have been organizing joint professional days with government support.
172. The shelter was opened in February 2006. Its function is to protect women with or without children who were seriously abused, and to provide comprehensive solutions to their problems.
Half-way exit program
173. In 2008, the Government launched the so-called “half-way exit program” as a model in three counties to enable the abused to avoid returning to the abuser after the crisis treatment. Thanks to the program the abused may live in a flat provided by the local government for a period of 5 years (and is given assistance for job seeking). All this is subject to the abused person’s commitment to savings, to have an object of life and to acquire financial background during the period of program to be able to buy a flat through raising credit or to become entitled to request a municipality flat. In the model program jurists, psychologists and social pedagogues provide assistance to the abused. Related costs are borne by the Government.
Shaping public opinion – change in attitudes
174. The social information program for disseminating the information related to domestic violence and to the OKIT phone number to the population was launched in the autumn of 2005 (making and distributing leaflets). Since 2006, the Government has organized road-shows to specialists and to the media every year for shaping public opinion. In 2007, the ministry responsible for gender equality announced a press competition for the media for the provision of authentic information. The prize is awarded every year.
Minimum age for marriage, sexual crimes
175. The Special Part of the Criminal Code is divided into chapters and, within said chapters into titles, in consideration of interests protected by law. The majority of the protected legal subject is in relation to constitutional rights (e.g. homicide, violation of personal freedom). However, in light of the requirements of unambiguousness related to criminal provisions, the Criminal Code defines the nature of crimes based on the actual factual elements of the crime rather than on said rights. All this does not mean that, for example, rape shall not mean the violation of the right of bodily integrity and safety but this is not relevant in the sense of criminal law, as the court shall examine the actual occurrence of the factual elements of a crime when the accused is subjected to court proceedings.
176. As to rape, the abuser’s conduct implies two conditions. First, duress for sexual intercourse through violence or the direct threatening of life or bodily integrity; and second, the utilization of some condition making defense or the expressing of will impossible for sexual intercourse. Therefore, the Hungarian Criminal Code approaches the issue defines the factum of said crime through assessing the offender’s conduct (duress, utilization) from criminal law aspects rather than from the side of abused so that evidencing may be easier.
177. However, all this does not mean that when the crime is established the lack of will is disregarded. According to judicial practice, violence means physical pressure while threatening is psychic influence appropriate for causing serious fear. As to threatening, the act is to be assessed based on the situation of the abused since when a crime is qualified, the psychic influence generated by the conduct of the offender has significance. Such influence may be different as far as the age or personality of the abused is concerned, meaning that in a certain case a minor influence may also be appropriate for the establishment of the factum of duress or threatening.
178. Of course, the utilization of some condition making defense or the expressing of will impossible is also to be examined from the aspects of the abused.
179. According to the interpretative provision of the Criminal Code, each person under 12 is to be considered as unable to defend himself/herself. Furthermore, the person unable to resist because of his/her situation or condition is also a person unable to defend himself/herself (as a result of some illness or the acts of others e.g. if he/she has been bound).
180. The court considers the person as unable to express his/her will if he is incapacitated when the crime is committed and does not have abilities in the field of sexual life, that could make the establishment of the type and significance of the act possible. Such a condition of the abused may be temporary (e.g. faint, drunkenness, state generated by drugs) or permanent (e.g. mental diseases or defects). In such cases, punishment shall not be excluded even by the agreement to the act.
181. Based on Section 12 of the Civil Code the person is a minor if he/she is under 18 unless he/she has already married. Within the age group of minors infants (persons under 14) are to be differentiated from adolescents (persons between 14 and 18).
182. By virtue of the Criminal Code the age limit of sexual intercourse grounded on agreement is 14 years in harmony with social expectations, meaning that any sexual intercourse with infants (persons under 14) is to be punished. Punishment is differentiated according to the age of the abused.
183. If the act is committed through violence or the direct threatening of life or bodily integrity rather than on the basis of an agreement, the conduct is to be considered as rape or indecency depending on its type. Persons under 12 are considered by the act as unable to defend themselves, meaning that any sexual intercourse with such a person shall also be considered as rape or indecency if the conduct is against public morals.
184. In addition, the factum of seduction grounds criminal liability for the case of sexual intercourse with the consent of abused persons between 12 and 14. The sexual intercourse and fornication with a person under 18 against compensation shall also be considered seduction.
185. The amendment to the Criminal Code dated 1 June 2007 guarantees compliance with Article 6 of the Convention, according to which the person having sexual intercourse or fornicating with person under 18 against compensation commits the crime of seduction and is to be punished with imprisonment of up to 3 years.
186. It is to be mentioned that upon the initiation of the European Commission the draft of a directive on the fight against the sexual harassment, sexual exploitation of children and against child pornography is under elaboration. After said draft is adopted it will probably be necessary to amend the provisions of the Criminal Law in respect of crimes against sexual morality.
187. Furthermore, as to the recommendation regarding the minimum age limit for marriage we wish to mention that since Act IV of 1952 on marriage, family and guardianship (hereinafter Csjt.) was amended through Act IV of 1986 (hereinafter Csjt.II) the age limit for marriage has been appropriately applied as far as marriage incapacities are concerned. Accordingly, adult women and men may marry. Furthermore, persons under 16 with diminished capacity may marry in possession of the preliminary license of the court of guardians.
188. The aspects related to the issue of the license are appropriately regulated in Sections 34 and 36 of Government Decree 149/1997 (IX.10.) on the courts of guardians and on the child protection and child welfare proceedings. “The court of guardians shall issue the preliminary license for marrying if marriage is for the interest of the minor, the application for the license has been submitted by the minor of his/her free will together with the documents necessary for the license (medical certificate, income certificate, participation in family protection consultancy).”
189. According to the Csjt. the court of guardians shall decide on the license after hearing the parent (legal representative) [Subsection (4) of Section 10 of Csjt]. Minors are under parental supervision or guardianship, therefore, the guardian shall be heard in certain cases. Hearing means that the court of guardians shall ask the above persons to express their opinion which shall be assessed by it but the decision shall not be subject to said opinion.
190. According to the above, as a main rule, adult persons may marry based on the Hungarian law as well and persons under 18 may do so only in exceptional cases, with appropriate guarantees.
191. In addition, we point out that based on Government Resolution 1129/2010. (VI.10.) the re-regulation of the Civil Code is underway. In the course of the re-codification of the Family Law Book, the above issue can also be discussed and re-considered.
192. The principle of the equality between women and men in marriage is provided for by several international documents (e.g. Article 16/1 of the Universal Declaration of Human Rights) and by Article 66 of the Constitution as well. Act IV of 1952 on marriage, family and guardianship (hereinafter Csjt.) provides for the equality of women both in marriage and in family life. The basic content of the principle is that neither spouse has powers over the person or properties of the other and neither of them shall enjoy preferential rights in the field of parental supervision as compared to the other as long as the marriage is maintained and even after it is terminated (e.g. as far as the placement of the child or the utilization of the flat is concerned).
193. The equality of rights (and obligations) expresses a coordinated relation as provided for by Section 23 of the Csjt. as well: “the rights and obligations of the spouses are equal – they have to make decisions on the affairs of the marriage jointly”. The principle of equality of spouses also extends to all the pecuniary and non-pecuniary relations of the spouses. The norm defined in Section 23 of the Csjt. is both a right and an obligation, which emphasizes the cooperation between and the autonomy of the spouses regarding their personality.
194. Human trafficking has been regulated by the Hungarian criminal law since 1999. The act was considerably amended in 2001, necessitated by the so-called Palermo Protocol of the UN Convention against Transnational Organized Crime. In June 2005 an action plan was made for the former Ministry of the Interior, the Police, the former Border Guard as well as the Office of Immigration and Nationality about the duties of the fight against human trafficking. The National Police Headquarters (ORFK) and county police headquarters made their related internal rules. The instructions of ORFK was made effective and the ORFK instruction 46/2007.(OT 30) on the performance of the duties related to violations of law connected with prostitution and the management of human trafficking was issued on 20 December 2007.
195. The Hungarian-American work team established upon the initiation of the Ministry of Foreign Affairs against human trafficking has been operating since the second half of 2004. The target of the team is to improve the efficiency of governmental measures against human trafficking. In addition, it can be stated that several ministries have made initiations, introduced campaigns and organized training courses.
196. In 2008, the Government issued its Resolution 1018/2008 (III. 26.) on the national strategy against human trafficking for the period between 2008 and 2012.
197. The strategy focuses on the following principles:
• Respecting human rights with special regard to children’s rights
• Protection of persons exposed to human trafficking
• Discrimination immunity
• Equality of genders
198. The priorities of the strategy are:
• Considering the requirements of possible victims with advanced exposure
• Act against all committing conducts
• Promoting regional cooperation
• Utilizing financial resources efficiently, correctly, transparently and in an accountable way
• Implementing the strategy, further duties
199. The strategy came into force on 10 April 2008. A national coordinator against human trafficking was appointed whose duties are performed by the state secretary responsible for law enforcement of the Ministry of Justice and Law Enforcement and by the Ministry of the Interior, legal successor. The coordination mechanism is in operation; its main duty is to compile an action plan for the implementation of the strategy and to start said implementation. Our aim is to achieve actual, assessable results based on the plans in the field of prevention, criminal investigation as well as victim assistance.
200. In addition, mention should be made of the fact that the US Office to Monitor and Combat Trafficking in Persons (the co-called TIP Office) published its latest report on human trafficking on 12 June 2007. In the report surveying the period from April 2006 to March 2007, Hungary was ranked in the first group for the first time as it has been making continuous efforts to prevent human trafficking, to punish offenders and to assist victims.
201. At the same time, however, the report set requirements necessary for the maintenance of the good ranking, including, among others, the making of a national strategy, the development of a coordination mechanism in said strategy and the appointment of a president leading the coordination body (a “national coordinator” as used in international terminology).
Government-supported projects against human trafficking
202. In 2007, IOM successfully implemented three projects backed by the Government:
(a) Professional training concerning the fight against human trafficking in four sites in rural areas – one-day seminars for educational, youth protection colleagues and social workers. The topic of the seminars concerned the Hungarian and international regulations related to human trafficking, the experience related to the programs implemented by IOM, the global and domestic mechanisms of human trafficking (recruitment tactics, opportunities of defense) and the role of criminal investigation and justice organizations;
(b) An information campaign against human trafficking;
(c) Two-day national conference for training coaches (ToT).
203. In a 2008 project, a detailed analysis entitled "Human-being Market” was published on human trafficking. It is an expertise unprecedented so far, which was forwarded to specialists.
204. The basis of the analysis is that the specialists of a civil organization made a survey concerning victims known by authorities and assisting organizations so that the social and criminal relevance of international human trafficking may be revealed in Hungary, with special regard to children afflicted by said crime. In the form of a publication the expertise available to our ministry as well was issued in 500 copies by the foundation. The competent ministry forwarded said publication to the organizations dealing with the fight against human trafficking – including the colleagues of crisis centers belonging to the ministry – as well as other civil organizations and specialist engaged in the professional field.
Situation of women in decision-making
205. The political re-arrangement following the elections in April 2010 has changed the rate of female MPs as well. As a reflection of the will of people having voting right there is a regress in the field – the rate of female MPs has reduced to 35 from 41 (as it was in 2006).
206. Parliamentary commissions are considered decision-making levels since such commissions play a role not only in terms of elections and parties but also in the field of amending and submitting amendments and drafts, respectively as they are one of the significant partners of the Government in legislative process. As to commissions, it is interesting that the fields considered as traditionally “feminine” are the ones where the rate of women is higher while there are no women at all in certain fields deemed as “masculine”. For example, long years had elapsed till 2010, which saw the first female member in the commission dealing with national defense, giving rise to some hope for changes.
207. The number of women is also low in the top governmental levels. Currently, there is not a single female minister in the Hungarian Government (similarly to the situation in the former administration). The rate of women has grown in the position of the state secretaries. This well reflects the fact that the number and rate of women rise more at lower levels of the hierarchy while there are (almost) only men in absolute leading positions.
208. Based on the order of the Government, the Social Research Institute made a research in this issue in May 2010. The primary aim of the research was to learn what the population thinks about the reasons for the inequality between women and men, about the steps to be taken for the improvement of the situation of women as well as about some current family policy issues. The research implied the querying of 1,000 people in person – as a result of probability sample taking, each Hungarian adult inhabitant had the same right to participate in the research, meaning that the data resulting from the research can be generalized for the entire population, even in light of statistical errors.
209. Respondents were asked to name parties that have woman-friendly programs. A month after the elections the majority of the adult population had hardly any information about or was uninterested in the issue. Out of 10 respondents four ones were unable to give a reply to the question while three ones thought that none of the parties had such a program. Only a third of respondents think that any party has a woman-friendly political program. Eighteen percent of Hungarian citizens consider the governing party’s program as woman-friendly. The second place was occupied by a new, green-liberal party. Six percent of citizens consider their program as woman-friendly while only 2–3% of the respondents think the same about other parties.
210. Taking into account the latest party preference data figuring in the same research the following can be stated: as to the three biggest parties having parliamentary faction, 20–30% of their voters think that their parties pay a special attention to the situation of women.
211. Therefore, a third of citizens having voting right think that there are operators paying special attention to the situation of women in the Hungarian political field. This group can be determined relatively clearly – it consists of people with higher education, having no children, who live in the capital. In other words, citizens in rural areas, having children and lower educational levels tend to think that none of the current political operators pays special attention to women.
212. In 2007, the so-called quota act was discussed upon an independent motion submitted by MPs. Based on the recommendation, women and men would have figured on the list in rotation, in accordance with the zipper principle. Extensive social debate was launched. As to the written press, electronic press, round-table discussions, etc. generally positive for the recommendation in tone, only two female politician worded serious critics.
213. Basically the voting’s positive result was a possibility if the leadership of the parties decides to accept this or that standpoint and asks related factions to back them. This was not the case, each party left decision-making to the conscience of their MPs. Finally, less than a third of MPs voted for the recommendation.
214. The main reasons for the failure of said recommendation were as follows:
• The MPs submitting the motion failed to reconcile their proposals
• Regulations and processes facilitating the voting for the quota were not elaborated
• MPs were not prepared for the recommendation in terms of sensitiveness and knowledge
• The standpoint was not uniform, even within the parties
• Amending motions for gradualness was not voted for, so that a situation of “everything or nothing” emerged
• Though the civil female society uniformly took a stand for the introduction of the female quota, all this was not efficient enough (for example, Female Interest launched a “mail campaign” against the MPs – they sent several letters to their email addresses, asking or calling them to vote for the quota)
215. In 2007, the quota issue quickly became a matter of common knowledge. However, it turned out soon that neither the public nor a great part of politicians was able to do anything with the phenomenon and essence of the quota. Following this, the ministry responsible for the promotion of the equality between women and men made several measures to increase general knowledge in relation to the quota system – it compiled and published a book under the title “Female quota in Hungary – if yes, why not?”, popularized even through a national tour as well. In early 2010 a conference “Voters’ gender” was held.
216. Vertical segregation manifests itself in the hierarchic system of the life of work as well. Since the millennium, the number of both male and female top managers has risen but the rate of women has remained the same. It is still around one-third, reflecting a strong under-representation as compared to the 45% rate of women within employment. Presumably the difference would be even higher if leading positions in the state and private sector were examined in terms of women.
217. There is serious horizontal and vertical segregation in sciences as well. Women are in the most under-financed and under-preferred positions in both the private and the state scientific field. As to the PhD decree, the 37% of its holders are women while only 13.7% of university professors are women. Only 3.5% of the members of the Hungarian Academy of Sciences are women – the members of the leading bodies of the Academy are men nearly without any exception.
Economic situation of women
218. Between 2004 and 2007 the employment rate in the 16–64 age group of the population rose only by 0.5%. All this affected only men while a slight reduction in the number of employed women could be experienced. Therefore, the gap between the employment rates began increasing and in 2007 it reached 13.1%.
219. The deficit in the field of employment is concentrated on the youth and the elderly. As to young people, it is especially alarming that since 2000 our lagging behind the European average has significantly increased rather than reduced. In 2000 the 15–24 male age group the rate of those employed was 4.1 percentage points lower than in the European Union on the average, while it was by 5 percentage points lower for women. In 2007 our drawback was over 16% for both genders. As to the elderly, closing up can be considered as successful: the employment rate of men rose from 33.2% to 41.6% while that of women grew from 13.3% to 26.3% between 2000 and 2007.
220. The Government worked out the START program package for the promotion of the employment of young career starters and that of people over 45. The START program for the facilitation of the employment of young career starters was launched on 1 October 2005. Said program enabling the youth to gain work experience offers opportunities to gain experience for a period of 2 years while it allows employers to benefit from contribution allowances in relation to the employment of young persons. The program is aimed at enabling the youth to enter the labour market and to gain work experience, which is a must on the market.
221. Persons under 25–30 if having higher educational qualification, may take part in the program, who have finished or interrupted their studies and who establish labour relationship aimed at working or labour relationship in the scholarship system for the first time.
222. The Start Extra program is for people over 50, who have been seeking jobs for long time and who were registered job seekers for at least 12 months during the 16 months preceding the date of application. Furthermore, the program is available without any age limit to persons who were registered job seekers for at least 12 months during the 16 months preceding the date of the application, who have basic qualification at the most or for persons entitled to standby support who are registered by the state employment organ as job seekers upon the date of the application and who receive standby support. Similarly to the program available to young persons, the employer may make use of contribution allowances in this case too.
223. The third element of the program package is Start Plus (see para. 229 below).
224. In 2000, the employment rate of women in the 25–54 age group considered as ideal in terms of employment was the same as the EU average (around 67%). Since then our lag has increased: in 2004 it was 1.5 while in 2007 it reached 3.5%. In 2000 6.8% less persons worked from among men. This rate reduced to 5.5% by 2007.
225. Low Hungarian employment indicators are in close relation to the low rate of partial time jobs, which is not a new phenomenon. In 2007 2.7% of men were part-time workers while this rate was 5.7% for women.
226. Since 2004, the formerly reducing trend of unemployment has been reversed. Furthermore, it is a new phenomenon that recently the unemployment rate of women has become higher than that of men, an unprecedented feature since the regime change-over. Today steady job seekers are mainly women rather than men.
227. As to economic activity, there are great territorial differences. In the capital the labour market participation of women lags 10 percentage points behind that of men while it is 12 percentage points lower in cities and by 16 percentage points less in villages. The youth and the elderly are characterized by low economic activity similarly to women with small and many children, especially if they are of Roma origin. As to the 25–49 age group of women with at least one child under 12, Hungary has the least employed only preceded by Malta.
228. The following schemes, among others, provide assistance to those returning to the labour market after inactivity owing to child-care duties:
• After the child has turned 1 year: partial work possibilities in addition to child care allowance, child support and carding benefit
• Start Plus program aimed at assisting steady job seekers, parents with small children, family members nursing close relatives in finding jobs after the child care or nursing allowance scheme, or in being allowed to work while the allowance/benefit is paid
229. The Start Plus program is available to persons wishing to establish employment relationship within one year (365) days from the termination of the payment of the child care allowance, child support or child rearing benefit or after the child turns 1 while the child care allowance is still paid to them provided that their labour relationship was terminated in the period of the child care allowance, child support or child rearing benefit or the unpaid leave used for the nursing of a family member, and they have no employers (or they had not any even before the allocation of the child care allowance).
230. The support is for two years, given to persons entitled to take part in the program in the form of contribution allowance under subjective right, which is made use of the employer who employs the persons eligible to the program under labour relationship.
231. Since 2000, the annual prize “Family-friendly Workplace” has been announced for backing harmony between job and family obligations, which may be awarded to companies and institutions implementing significant family-friendly measures.
232. Applications may be submitted in six categories (micro, small, medium and big enterprises, budget organizations and non-profit organizations) with the demonstration of best practices. The questions of the application form are in relation to the following main topics: data, policies and practices regarding employees (e.g. employees’ division, family status, mode of working, progress systems, child care issues, waging, training, etc.), issues related to equal opportunities at the workplace (e.g. regulations, practices, etc.), including several questions concerning the documentation of the measures; family-friendly policies and practices backing the harmony between working and private life (e.g. organizing word duties, holidays, other benefits, etc.); issues related to the organizational culture (e.g. family-friendly organizational culture, involvement of employees, social responsibility, etc.); other issues (e.g. development, monitoring, etc.).
233. Winners are entitled to use the emblem of “Family-friendly Workplace” for a period of one year.
234. In 2003, less than a third of Roma men between 15 and 74 had some work-related income to subsist on and less than a third of them had some regular work. About one-sixth of Roma women had work-related income and their same rate had some regular work. The unfavorable employment position of Roma women is in relation to their low educational level, early motherhood, inappropriate qualification and gender-based discrimination. The program “Take a step forward” formerly mentioned reacts to this problem as well.
235. The program “Road to Work” gives help to women getting out from inactivity and reaching activity, and is aimed at encouraging those steadily unemployed and subsisting on regular social aids to find a job and at improving their ability to be employed. The achievement of this dual target requires a complex approach and the introduction of employment and social policy measures built on one another. Learning will be a condition for receiving aid for people under 35, without primary education (about 7–8 thousand persons). Unskilled people will have the opportunity of participating in courses preparing for occupations required by the labour market.
236. In 2000, the gross average income of women lagged behind that of men by 20%. That rate reduced to 11% in 2006. On EU average that indicator was of 16% in 2000 and 15% in 2005, meaning that initially it was lower and nowadays it is higher than in Hungary.
237. The wage adjustments launched in 2001 have been playing a significant role in reducing the national income gap (wage arrangements for public officer, public servants, judges, prosecutors, those in service relationship), since this sphere is characterized by the dominance of female employees: 68% of employees are women. Therefore, wage adjustments exerted a greater influence on women than on men. The wage lag is primarily caused by the fact that different works are done by women and men rather than by the unequal remuneration of the same work.
238. Women are present in relatively few professions, meaning that they are employed in much fewer occupations than men. Nearly three-quarter of men can be found in the strongly or fully segregated 52% of professions and almost the same proportion of women are present in another 30% of occupations segregated by genders. Furthermore, the presence of women and men in the world of work is also disproportionate. It is much more probable that a man is appointed to a leading position implying a high wage, even in so-called “female” professions.
239. Women are underrepresented among entrepreneurs as well: their rate is of only 30%. According to a 2008 a survey on entrepreneurs only about 15% of female entrepreneurs consider their undertaking as developing. The majority of their undertaking does not produce considerable profits and their two-third has not taken part in any cooperation yet. Their majority has sales only in their own localities. Only their 15% has raised some entrepreneurial bank credit and their 30% have utilized some personal or household credit in the interest of their undertaking. In 2008 hardly more than 10% of said undertakings planned to expand their activities and more than their half financed their developments through their (low) reinvested profits.
240. Only a very low number of female entrepreneurs makes use of the services of experts and generally they have no business plans, tradenames, logos and do not deal with the protection of their intellectual properties.
241. Successful female entrepreneurs are different from others in terms of the following: they were founded in 2000 or later, their owners are between 35 and 45, have higher educational qualification, work very much in their undertaking, have a few stable buyers and many small ones; they operate much more consciously than the average – three times as many of them make business plans than micro entrepreneurs do on the average. They would be ready to hire more employees if public dues and related administrative duties reduced.
242. The national poverty rate does not indicate any difference between women and men – the poverty is only slightly higher in households managed by women than in the ones led by men. Still, the risk of poverty of women is higher in certain household types – for example in one-parent families in which women tend to rear their children alone and in one-man households in the age group over 65 in which the poverty rate of women is much higher than that of men mainly as a result of the shorter service period and the higher life expectancy. In 2006 the number of single male pensioners was 132,438 while that of female ones reached 534,619. The risk of income poverty is not only higher in these two family types but that of cumulative financial deprivation is also considerable in them.
243. In Hungary the educational level of women is generally higher than that of men. A higher percentage of women in the working age have secondary or higher educational level than men of the same age group. However, a higher rate of men has a qualification. Girls are considerably over-represented in secondary grammar schools and under-represented in vocational schools. All this means that girls are given general secondary education and learn some profession more rarely on that level. Contrary to the above trend, Roma women are significantly disadvantaged in the school system in terms of participation.
244. In November 2006 the National Institute for Health Development (OEFI) organized a professional conference for the demonstration of prevention programs under the title “Health development in public educational institutes”. When the lectures of the conference were edited, special attention was paid to the thematic demonstration of the programs in blocks: sex education, HIV/AIDS prevention, diets, personal hygiene, accident prevention, traffic safety, first aid and selective waste collection.
245. The competition announced by the Ministry of Health under the titles “Teaching health development within the framework of pedagogue training and specialized courses for pedagogues” continued in 2006 too. Altogether 5 faculties of another 4 institutes joined the program, enabling students to study the facultative subject “”health development – basic knowledge to pedagogues”.
246. The publication “Opportunities and methods of health development, existing and operating model programs and evaluation of sex education in schools” reviews the programs aimed at the education of the youth in terms of safe sexual life and assesses the same, providing help to the works of pedagogues and specialists working in the field.
247. In 2008, OEFI reviewed the accredited training courses in the field of the above topic. The programs were made available in printed and electronic form to educational institutes. The attention of those interested was called to the programs and related training courses on the homepage of OEFI and by mail. Through expanding the knowledge of pedagogues the sex education activities of schools could be supported and related programs could be applied in light of local specialties.
248. The National Institute of Child Health (hereinafter: OGYEI) has been engaged in several duties for years which are related to the targets set in the basic program “Healthy Youth” of the Public Health Program.
249. Programs implemented in 2006 in relation to the project, “Responsible Childbirth, Healthy Start of Life” include:
• On the basis of international recommendations and existing conditions, development and operation of a special out-patient unit for adolescents for psychological advice, which gives assistance in solving special problems of said age group as well as in solving health and mainly mental problems, meeting the requirements of teenagers
• Interactive homepage for adolescents at www.tinivagyok.hu
• Consultancy to would-be parents before and after conception, caring and medical treatment, if necessary, financed by the National Health Fund
• Breastfeeding consultancy aimed at the promotion of breastfeeding, and easing the psychical problems following childbirth
• Baby and infant club every two weeks, where mothers and families may seek advice from specialists regarding the issues of child rearing
250. Educational institutes implement health development through the organization of health days. Help is given to actual implementation by the specialists of OEFI. Target group: pupils/students of primary schools and secondary schools, number of participants: about 1000 persons, number of publications: 2 types of leaflets, number of lectures: 30. The goal is to expand the knowledge of young people in the school age in the field of health preservation and sexual knowledge.
251. In 2007, research under the title “Opportunities of health development in light of the knowledge and requirements of pupils/students” was launched. In recent years a high number of training materials has been compiled on the topic of sex education. In most of the cases programs and publications were started and published, respectively on the scientific side of the topic – there are only a few projects that were compiled after assessing the knowledge and requirements of the target group.
252. The planned research is intended to eliminate said shortcoming so that results may be taken into account when existing programs are updated or new materials are compiled as programs will be viable only if related requirements are met.
253. Because of the specific features of the topic to be processed it is reasonable to use anonymous questionnaires. Results should be discussed with the involvement of the specialists working in the field concerned, as well as with program hosts and school health developers. A closing study has been made under the title “Possible methods for assessing the youth’s knowledge regarding health preservation and their requirements and needs related to prevention activities”.
254. The publication “Existing and operating model programs as well as the assessment of school and sex education events” was compiled in 2007, giving assistance primarily to specialists and pedagogues in getting information on the programs and training courses in the topic. Said publication also processes both the programs dealing with sex education only within the framework of sex education and the ones focused on the topic in full.
255. Experience shows that there is a permanent requirement for the publication of new, modern works. In the course of the implementation of the project two publications were compiled – the one under the title “existing and operating model programs” and a leaflet calling youth’s attention to safe conduct in the field of sexual life.
256. In 2008, a project for the review of school health development was launched, which focused on the topic of sex education. To this end, OEFI organized a meeting for the specialists working in the professional field where, in addition to the discussion of the results, further steps were planned based on a consensus, specialists exchanged their experience, expressed their opinion and took a uniform stand. The target group consisted of primary and secondary school teachers, nurses and school physicians. About 200 persons took part in the 7 lectures.
257. The following conferences and training courses were organized by OGYEI in 2006:
• Course preparing for parenthood – in operation for 5 years
• Training of baby-parent consultants (training course of 100 hours) for pediatrics, nurses, psychologists and mental hygienic specialists
• “Psychical aspects of pregnancy” – training courses for district nurses – in Gödöllő, on 11 May 2006 and in Budapest on 6 December 2006
• “Well-being and Health in Adolescence” – conference to improve the health condition of children (teenagers) of school age
• “Preventing and treating perinatal mood disturbance” – professional conference to physicians and district nurses on 4 October 2006
258. The National Breastfeeding Committee (SZTNB) made preparations for and performed the following activities:
• “Protecting and Supporting Breastfeeding” – conference for the leaders and specialists of obstetrical institutes with the participation of 235 persons in March 2006:
• a DVD made upon the order of the Committee was introduced under the title “Baby-friendly hospital in practice – St. Stephen Hospital”
• 2 publications related to the conference package:
• Proof for the ten steps leading to successful breastfeeding
• Motion: Protection, support and promotion of breastfeeding in Europe
• Participation in the competition invited by the Ministry of Health within the framework of the programs “Baby-friendly Hospital” and “Baby-friendly Territory”. Protection of and support to breastfeeding – breastfeeding up to the age of six months of the baby is widely accepted in the society and serious further changes may be introduced through the further operation and programs of SZTNB.
• Breastfeeding – how to promote success – practical guidance to health care workers – WHO-publication updated, published in 1,000 copies
• The first 14 days, ILCA (International Lactation Consultant Association) publication in 1,000 copies
• Breastfeeding ATLAS – already translated, licensing is underway
• Leaflet in 15,000 copies for the Breastfeeding World Week, sent to mothers through the district nurse network
259. Within the framework of the HIV/AIDS prevention sub-program of the Public Health Program the place of blood taking formerly established were transformed into AIDS Consultancy Services in 2005. The project is aimed at increasing the efficiency of detection among those jeopardized because of their life style/conduct and at making anonym testing and consultancy available at each county town with equal chances.
260. The above consultancy is provided by appropriately trained health care workers. Based on the reports it can be stated that since 1 January 2006 the personal and material conditions minimally expected and necessary have been available in the capital and in 17 county institutions. In the waiting rooms leaflets and information materials can be found.
261. As a part of the communication campaign placards were provided centrally to all institutions, which have been displayed in competent places (consulting rooms, ambulances) for the information of the population.
262. OEFI collected the programs of HIV/AIDS prevention, education of family life, education of safe sexual life for the youth and published them under the title “Opportunities and methods of health development, existing and operating model programs and the evaluation of sex education in schools”.
263. In 2007, a professional conference was organized for health development in schools (with a focus on sex education) for specialists working in the field, where, in addition to the discussion of the results, further steps were planned based on a consensus and specialists exchanged their experience. Furthermore, specialists were provided further training in the field of communication with HIV patients to improve the results of said communication.
264. In early 2007, the Ministry of Health repeatedly organized the HIV sentinel testing by gravida within the project “monitoring HIV spreading”.
265. The testing is aimed at monitoring the HIV infectiousness of women, measuring the changes in trends over time through the cross-sectional examination of the HIV prevalence of pregnant women. In 2007 the blood samples of 8000 pregnant women living on 12 territories were tested. All samples were negative, referring to the fact that the HIV infectiousness of women is very low and since the previous examination in 2003 no measurable change has taken place in prevalence.
266. Based on the National AIDS strategy 2004–2010, the objective of the AIDS world day was to prevent AIDS. The focus was on the reduction of risks connected with behavior. The slogan “love – faithfulness – responsibility” expresses the most the idea that young people may be addressed through emotional tools in addition to conveying the latest information related to said disease.
National sexual and mental hygiene information program
267. The “A-HA” program is implemented with the participation of the Obstetrical Gynecological Scientific Association, under which lectures are read to students, “student packages” containing publications are forwarded to students and the infrastructure of the organizational center operated for the coordination of the program is developed.
268. The 2006 World Smokefree Day warned of the dangerous effects of smoking.
269. The dangers of smoking and the fight against smoking were focused on by the program implemented in several primary schools, secondary schools, universities and many public programs in houses of culture and shopping malls.
270. The Smoking Prevention Program is mainly aimed at conveying information and showing the appropriate conduct in relation to smoking. All this is started in kindergartens and given a considerable role in school education as well. Homepage “smoking is uncool”: the project is aimed at developing and operating a homepage giving assistance to the 12–18 age group in prevention of and giving up smoking.
271. The topic of the “Testing the effects of the WHO-BCA Smoking Prevention Programs” is the development of a policy grounded on experience, prevention and reduction of smoking and the evaluation of related results based on the activities considered as effective. One of the topics of the effect testing was the Supplementary Health Program for Kindergartens the aim of which is to teach children how to behave when in the situation of passive smoking, to enable them to build a negative attitude towards smoking and to expand their knowledge in respect of the topic.
272. Based on the effect testing completed, the program was qualified a well-designed and well-implemented program as compared to the projects of other countries as well, which calls kindergarten children’s attention to the risks of smoking and possibilities of avoiding it through making use of many different tools and methods. The program has a proven effective on developing a negative attitude towards smoking among children and on gaining by them useful knowledge related to the steps that are to be taken in the possible theoretical situation of passive smoking.
Reducing cancerous diseases
273. The National Anti-Cancer Program launched in February 2006 was aimed at reducing mortality related cancerous diseases and social burdens resulting from said diseases. The effectiveness of public health testing is proven for three types of testing when measured by the reduction of mortality related to the disease concerned:
(a) Mammography testing of women in the 45–65 age group in every two years;
(b) Gynecological examination of women in the 25–65 age group in every three years after the first negative result, including cytology;
(c) Testing stools in the 50–70 group for both women and men for hidden blood through laboratory means (immune-chemical testing).
274. Based on positive international experience, in 2009 a cervix cancer testing was conducted under a model program with the involvement of 101 voluntary district nurses in 168 settlements where there is no gynecologic care locally.
275. In 2010, 126 volunteers were involved under the second model program. Their theoretical and practical training was provided through sample-taking too, under the supervision of gynecologists.
276. The program is to be continued with continuous training and the involvement of further 536 district nurses in detecting cervical cancer.
277. In 2009, the model program for colon testing was introduced in 241 localities with the participation of 175 volunteers (family doctors and assistants). Altogether 17,556 inhabitants sent samples for the screening. Family doctors directed the persons found problematic as a result of the immune-chemical testing to endoscopes examination.
278. In 2010, 93 family doctors continued the screening started in the previous year and 616 further ones had themselves registered for the program, meaning that the ministry plans to conduct further 70,000 sample takings with their participation.
279. Pulmonary screening in certain age groups is a free testing conducted under the compulsory heath insurance scheme. Since 1 November 2008 the age group over 40 has been entitled to take part in said annual screening free of charge.
280. A competition was announced for the inhabitants of small localities for increasing the number of screenings among the population, improving the access to said screenings and improving the rate of those screened as a result. In 2009 the aid was given to 107 winners as a result of the competition, under which the mammography of 25,991 women was supported.
281. More than 100 thousand persons participated in about 250 thousand screenings in the first two years of the Screening for Life program in 2007 and 2008. The 2009 program provided the opportunity of taking part in free screening in disadvantaged localities with a population of 2–10 thousand since the disease and mortality indicators of the persons living in said areas are much worse than in the country as a whole. Among others visitors could participate in free examinations related to diabetes, cardiac-vascular diseases, locomotor disorders and organoleptic diseases. In 22 settlements mammography screening was also conducted, in which 1,774 women took part.
282. The amendment to Act XLVII of 1997 on the on the Handling of Medical and Other Related Data (in force from 1 January 2010) provided statutory authorization for conveying certain disease, caring and mortality data to the National Cancer Register by the Central Statistical Office and the National Health Fund operating since 1999. The target is to measure and assess the results of the health care system engaged in treating patients suffering from cancer, to improve the planning of costs and to monitor the curing, mortality and condition of patients suffering from cancer.
283. The project “National Communication of Screening Programs” is implemented under the Operative Program of Social Renewal within the framework of the New Hungary Development Plan between May 2009 and May 2011. The comprehensive target of the program is to improve the health condition of the population, to increase the number of years spent healthy and capable of working, to contribute to the labour market activity of persons in the “working age”, to improve the life expectancy of the disadvantaged strata of the population, to reduce territorial and social differences and to increase social cohesion.
284. The spreading of the forms of health conscious living is an important element together with the increase of the knowledge of the population. Furthermore, health care workers responsible for the segment of the population that can be hardly motivated as well as the territorial and local specialists should be activated and their communications skills should be improved.
285. Multiple discrimination i.e. gender-based and ethnic discrimination affects Roma women and immigrant women belonging to ethnic groups (discriminated on racial basis) the most. As far as they are concerned, unemployment, low educational level, steady poverty, poor health condition, inappropriate housing circumstances, low social and economic status as well as biases and discriminative procedures jointly and cross-jointly lead to multiple (intersectional) social exclusion.
286. Since the regime change the labour market situation of Roma people has been considerably deteriorating. State construction companies, agricultural cooperatives employing the highest number of semi-skilled Roma workers have gone bankrupt. Roma people worked for industries making the highest losses and were the least skilled workers. Their unfavorable labour market position has been further fell by ethnic discrimination.
287. In 2003, less than one third of the Roma men in the 15–74 age group earned their living based on some income from working and less their one third had some regular job. As to Roma women, the same indicators were one sixth and one sixth, respectively. The unfavorable employment position of Rome women is related to their low educational level, early motherhood, inappropriate training and gender discrimination.
288. Though it is true that the rate of Roma people with primary educational level rose in the 20–24 age group, the rise was lower than in other groups of the population of the same age group and they still tend to finish studies at an age older than others. In basic training drop-out is very high and as compared to the national average, a much higher rate of Roma children becomes private students.
289. Related research shows that from among the pupils leaving the system and becoming private students Roma girls are over-represented. Survey data clearly show that persons giving birth to children at an early age are able to continue their studies in a much lower rate. In the period between 1990 and 2002 only 3% of the Roma women giving birth to children under 18 had an educational level over the primary school. Representative surveys confirm the presumption that the great majority of young Roma women are surely unable to integrate into the labour market and, as a result, they pay a greater attention to the increase of their status through giving birth to children, which further reduces any future opportunity of integration.
290. As to economic activity, there are great regional differences. In the capital women’s presence on the labour market lags 10 percentage points behind the presence of men while the difference is 12 percentage points for towns and 16 percentage points for villages. Low activity characterizes the youth, the elderly and mothers with small and many children, especially if they belong to the Roma minority.
291. Furthermore, it is to be pointed out that in settlements over-represented by disadvantaged Roma people young Roma women tend to give birth to their children at more and more early ages and the number of the population has been on the rise on these territories. Teenager women of even several children will entirely drop out the school system and from the labour market too, as a result.
292. To improve that situation the program “Take a step forward” was elaborated, the target of which is to increase the qualification level of the Hungarian adult population and to launch training courses in the course of which participants can take a step forward and reach the next level. The training is free of charge for the participants, meaning adults joining the program are given support in the value of the training costs plus the amount of one month minimum wage.
293. Roma people lag behind by 8–10 years in domestic life expectancy in both gender. If the indicators of the Roma population are adjusted by the educational level, there is no such a huge difference between the data of the Roma and that of non-Roma people with primary educational level. Parliament Resolution 68/2007 (VI.28.) on the Strategic Plan of the Roma Integration Decade Program, the implementation of which is underway, words several measures, among others, for the improvement of the health condition of Roma people.
294. If the features of only the population in the age group under 70 are examined it can be stated that the health condition of the strata of the two lowest educational levels are the much worse than the average and the reduction of work capacity is by 4.7 times more frequent among them. The health deterioration of people living in Roma colonies is twice as high than in the general population, which can be experienced through the features of said colonies and the social circumstances of people living there.
Women in rural areas
295. Despite governmental efforts the situation of women in rural areas has been deteriorating in line with going down the hierarchy by settlements. A reason for this is the shortcomings of infrastructure. To improve the situation, the Government has been making developments in community transportation, including the re-launch of several railway lines closed down formerly in late 2010.
296. The New Széchenyi Development Plan also envisages several projects for backing women living in rural areas.
297. The developments in the daycare of children may considerably improve women’s opportunities of re-integrating in the labour market since as a result of such developments related services will also be available on territories that have not been able to render them to this date.
298. Regarding the amendment of article 20 of the Convention, Hungary shall consider the acceptance of the amendment regarding the meeting of the Committee, which concerns article 20 (1) of the Convention.
299. The measures introduced in Hungary in relation to the situation of women are in full harmony with relevant international conventions and the Beijing Declaration and Platform for Action as well. The Platform for Action and the Beijing Declaration of the Fourth World Conference of Women (Beijing, 1995) also provide grounds for the domestic application of the strategic principle of the policy of equality between women and men. The Government supported the priorities of the long-term strategy of 2010–2021 in the Strategy referred to above, which were set in harmony with the Beijing Platform for Action.
Participation in international developments
300. In the implementation of the “Millennium Development Objectives”, the economic crisis and the climate change have been aggravating the situation of aid donors since 2008. Hungary participates in supporting mainly neighbouring countries but Viet Nam and Afghanistan are also among the ones receiving aids.
301. The conference “Training Serbian female social specialists and the re-socialization of disadvantaged young people” was held on 10–11 April 2008. Its goal was to convey Hungarian experience to Serbian female specialists working in the field of public services. The conference efficiently contributed to the learning the Serbian and Hungarian practices, the demonstration of modern methods as well as to the identical interpretation and management of equal opportunities of women and men in Central Europe.
302. A regional conference with the participation of gender experts was held in Belgrade in 2009, which was attended by representatives from Montenegro as well. Experts discussed if there is an actual difference between the principles and practice of the above countries. The scientific clearing of the issue will ground the authenticity of the EU standpoint related to non-EU countries. In addition, the conference set the duty of analyzing gender equality in the countries beside the eastern border of the European Union.
303. The Hungarian Government supported a joint conference with the Ukraine in spring 2010. The aim was to demonstrate the Hungarian results achieved in promoting equality between women and men. Because of territorial features, violence against women (e.g. domestic violence, human trafficking) was given priority in the conference.
C. Disseminating information on the Convention
304. The Convention on the Elimination of All Forms of Discrimination against Women, its Optional Protocol, as well as general recommendations were directly disseminated by the Government as follows.
305. All texts are available on the homepage of the Government in the national language. In addition, the 2006 country report, related documents, the special recommendations issued to Hungary as well as the documentation connected with complaints are also available there.
306. Furthermore, a printed document under the title “Women’s rights” was also compiled, containing the Convention, the related Optional Protocol, the general recommendations by the CEDAW Committee and the special recommendations to Hungary. The volume was published in 1,500 copies.
307. Information was indirectly disseminated through conferences and forums where, on the occasion of governmental appearances, leaflets were given and lectures were read about the international documents related to the human rights of women.
[*] In accordance with the information transmitted to States parties regarding the processing of their reports, the present document was not edited before being sent to the United Nations translation services.