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Hungary, Parliamentary Commissioner for Human Rights

Summary on some important investigations from the end of 2000

1. In a comprehensive investigation the ombudsman has examined whether the governmental protection of children works in cases where a criminal act happens that endangers children in the family.

It has been found that the police, making the investigation, have only informal connection with the childcare services

It was found that during the formal investigation in most of the family violence cases the police does not inform the childcare protection authorities and institutions about those situations that could lead to criminal acts in the family.

Practically the child protection monitoring system hardly works.

One of the reasons can be that the social workers are also afraid of revenge.

The ombudsman pointed out that in many settlements of the investigated county children's constitutional right to receive the protection and care of their family, (and if the State and society, which is necessary for their satisfactory physical, mental and moral development ( Art 67.) )and the right to the highest possible level of physical and mental health ( Art 70/D) have been injured.

Therefore she recommended to the Home Secretary to issue an instruction, which would oblige the police to inform the childcare services and the guardianship authority if a criminal procedure is initiated against an adult family member due to committing a felony that endangers the physical, moral and mental development of an under aged.

The ombudsman also applied to the Social and Family Affairs Minister, Health Minister, Attorney General, the Head of the County Administrational Office, the Head of the Guardianship Authority in order to protect children&#8217;s rights.

2. An overall investigation about the health services for homeless people in Budapest was conducted.

In the activities of institutions for emergency care, for social and hygienic care and after-care, the ombudsman has discovered numerous deficiencies.

Among others, the ombudsman found that in the healthcare of the homeless people the cooperation between the health and social sphere was missing.

Due to the lack of the cooperation some human rights might be injured or directly endangered. To repair these, she made recommendations to the Social and Family Affairs Minister and to the Health Minister, among others.

3. The ombudsman conducted investigations on the premises of two penitentiary facilities.

The investigation included the conditions of imprisonment, the employment and education of the convicted, with special respect to the circumstances of women and juveniles.

The parliamentary commissioner for human rights has found that besides the lack of financial resources and the overcrowded nature of the facilities, the conditions in both penitentiary facilities were intolerable.

The state of the buildings housing the prisoners has deteriorated.

All these, violate the prisoners&#8217; and the staff&#8217;s rights for physical and mental health.

In one of the penitentiary facilities, the ombudsman has not found constitutional abuses against the employment and boarding of the prisoners, but in the other institution the lack of the permanent employment and the profit-oriented employment caused constitutional abuses.

The investigation paid distinctive attention to the accommodation and the educational possibilities of juveniles.

The ombudsman has pointed out that the juveniles and women are placed in less overcrowded cells, they participate in free elementary and secondary education but they do not work.

For other cultural and free time activities there are no sufficient funds.

The staff works under difficult circumstances, and faces problems of understaffing.

Being understaffed, causes troubles among the guards on duty.

To avoid any violation of human rights in the future the ombudsman made recommendations to the Minister of Justice and to the Head of the National Prison Administration to renovate the facilities as soon as possible, to improve the possibilities of education and employment of juveniles, to develop the working conditions of the guards and to make sure that the guard duties are conducted in a manner complying with current legislation.

4. A lot of complaints have been made about the condition of the canalization system.

Besides the individual complaints the parliamentary commissioner has investigated the general conditions of the rain- and drain pipes and pointed out that on the settlements the lead of inland waters, rain water, and slop water, and the prevention of any damage resulting from the above are unsolved problems

This situation violates the real estate owners&#8217; right to property, to healthy environment and requirements of security in law.

This chaotic situation is partly the result of the lack of financial possibilities and expertise but the contradictions between acts and the enacting clauses of acts are also responsible for this situation.

Due to the severity of the problem, the ombudsman has initiated the Prime Minister to have an investigation made and based on the results of his investigation he should act to put an end to the constitutional abuses.

To solve the individual complaints the ombudsman made recommendations to the mayor of the competent local government.

Hungary, Parliamentary Commissioner for Human Rights

Summary on some important investigations from the end of 2000

1. In a comprehensive investigation the ombudsman has examined whether the governmental protection of children works in cases where a criminal act happens that endangers children in the family.

It has been found that the police, making the investigation, have only informal connection with the childcare services

It was found that during the formal investigation in most of the family violence cases the police does not inform the childcare protection authorities and institutions about those situations that could lead to criminal acts in the family.

Practically the child protection monitoring system hardly works.

One of the reasons can be that the social workers are also afraid of revenge.

The ombudsman pointed out that in many settlements of the investigated county children's constitutional right to receive the protection and care of their family, (and if the State and society, which is necessary for their satisfactory physical, mental and moral development ( Art 67.) )and the right to the highest possible level of physical and mental health ( Art 70/D) have been injured.

Therefore she recommended to the Home Secretary to issue an instruction, which would oblige the police to inform the childcare services and the guardianship authority if a criminal procedure is initiated against an adult family member due to committing a felony that endangers the physical, moral and mental development of an under aged.

The ombudsman also applied to the Social and Family Affairs Minister, Health Minister, Attorney General, the Head of the County Administrational Office, the Head of the Guardianship Authority in order to protect children’s rights.

2. An overall investigation about the health services for homeless people in Budapest was conducted.

In the activities of institutions for emergency care, for social and hygienic care and after-care, the ombudsman has discovered numerous deficiencies.

Among others, the ombudsman found that in the healthcare of the homeless people the cooperation between the health and social sphere was missing.

Due to the lack of the cooperation some human rights might be injured or directly endangered. To repair these, she made recommendations to the Social and Family Affairs Minister and to the Health Minister, among others.

3. The ombudsman conducted investigations on the premises of two penitentiary facilities.

The investigation included the conditions of imprisonment, the employment and education of the convicted, with special respect to the circumstances of women and juveniles.

The parliamentary commissioner for human rights has found that besides the lack of financial resources and the overcrowded nature of the facilities, the conditions in both penitentiary facilities were intolerable.

The state of the buildings housing the prisoners has deteriorated.

All these, violate the prisoners’ and the staff’s rights for physical and mental health.

In one of the penitentiary facilities, the ombudsman has not found constitutional abuses against the employment and boarding of the prisoners, but in the other institution the lack of the permanent employment and the profit-oriented employment caused constitutional abuses.

The investigation paid distinctive attention to the accommodation and the educational possibilities of juveniles.

The ombudsman has pointed out that the juveniles and women are placed in less overcrowded cells, they participate in free elementary and secondary education but they do not work.

For other cultural and free time activities there are no sufficient funds.

The staff works under difficult circumstances, and faces problems of understaffing.

Being understaffed, causes troubles among the guards on duty.

To avoid any violation of human rights in the future the ombudsman made recommendations to the Minister of Justice and to the Head of the National Prison Administration to renovate the facilities as soon as possible, to improve the possibilities of education and employment of juveniles, to develop the working conditions of the guards and to make sure that the guard duties are conducted in a manner complying with current legislation.

4. A lot of complaints have been made about the condition of the canalization system.

Besides the individual complaints the parliamentary commissioner has investigated the general conditions of the rain- and drain pipes and pointed out that on the settlements the lead of inland waters, rain water, and slop water, and the prevention of any damage resulting from the above are unsolved problems

This situation violates the real estate owners’ right to property, to healthy environment and requirements of security in law.

This chaotic situation is partly the result of the lack of financial possibilities and expertise but the contradictions between acts and the enacting clauses of acts are also responsible for this situation.

Due to the severity of the problem, the ombudsman has initiated the Prime Minister to have an investigation made and based on the results of his investigation he should act to put an end to the constitutional abuses.

To solve the individual complaints the ombudsman made recommendations to the mayor of the competent local government.