Map source: Human Rights Watch

Last updated September 7, 2006

Contributed by: Julia Spronz and Judit Herman, Hungary National VAW Monitors

 The Constitution of Hungary contains several provisions that prohibit discrimination on the basis of gender. Article 66 guarantees equality between women and men, and Article 70(A) prohibits discrimination on the basis of a number of grounds, including gender. The Parliamentary Commissioner and the Deputy Commissioner for Civil Rights (‘ombudsman’) are responsible for investigating or initiating the investigation of cases involving a breach of constitutional rights. Individuals may file an oral or written complaint alleging a violation of their constitutional rights or the threat of such violation, providing the complainant has exhausted all possible legal remedies or that no legal remedies exist.

In its 2003 Country Report on Human Rights and Practices, the U.S. Department of State reported that domestic violence was common. Nevertheless, few victims came forward, and those who did received little help from the authorities. Under Act 34 of 1994 on the Police, the police have legal authorization to aid victims of domestic violence.

Rape is punishable under Article 197 of Act 4 of 1978 of the Penal Code for two to ten years, depending on the circumstances under which the crime is committed. Act 73 of 1997 amended Act 4 of 1978 on the Penal Code to include marital rape within the definition of rape. In 1999, the government passed Resolution No. 1074/1999 to protect victims of crimes and has stated its hopes that female victims of violence will benefit from this law. Page 19 of Hungary's Fourth and Fifth Periodic Reports to CEDAW provides an excerpt of the resolution.

The Criminal Code does not prohibit sexual harassment in the workplace. However, with a flexible method of law application, sexual harassment can constitute slander, violation of general provisions of the Civil Code related to the rights to the person and some general provisions of the Labor Code, like prohibition of discrimination, proper exercise of rights, proper conditions for occupational safety and health, etc. Defamation statutes may also be used to punish non-violent acts of sexual harassment. Act 125 of 1993 on Non-Discrimination provides a general definition of harassment not limited to sexual harassment.

In July 2004, an employee filed a public complaint about sexual harassment in the workplace. Rare as these cases are this one was followed with heightened interest as the complainant was a female secretary who worked in the formal Government Office for Equal Opportunities. The case ended in the complaint being rejected. (See details in Hungarian press.) In addition the secretary has been obliged to pay a compensation of one million Hungarian Forints (ca USD 4,700) for breaching the goodwill of her former boss in the framework of a civil procedure initiated by the alleged perpetrator.

Trafficking in women for the purpose of sexual exploitation is a serious problem in Hungary. While Hungary primarily serves as a transit country, it is also a country of origin and destination. Most victims are trafficked from Russia, Romania, Ukraine, Moldova and Bulgaria to and through Hungary to Western European countries and the U.S. Hungarian victims of trafficking are mostly from the eastern part of the country, where unemployment is high, and trafficked to North America, Japan and other parts of Europe. Article 175(B) of the Penal Code punishes the sale, purchase, conveyance or trading of persons by up to three years imprisonment. If the crime deprives the victim of freedom, is committed against a juvenile, or is for purposes of forced labor, sexual intercourse, or sodomy, the perpetrator may be punished by a prison sentence of one to five years imprisonment. If other aggravating factors are present, the sentence increases to a maximum life imprisonment. In addition, it is a misdemeanor to conduct preparations for purposes of trafficking in persons (Article 175(B)(6)).

Compiled from:

Women 2000 - An Investigation into the Status of Women's Rights in Central and South-Eastern Europe and the Newly Independent States, International Helsinki Federation for Human Rights, 11 May 2000. (PDF, 32 pages).

Combined Fourth and Fifth Periodic Reports of Hungary, Committee on the Elimination of All Forms of Discrimination against Women, 21 September 2000. (PDF, 106 pages).

Increasing Emphasis on Equal Opportunity and Gender Issues, Andras Pulai, Institute of Political Science of Hungarian Academy of Science, 22 May 2003.

2003 Country Report on Human Rights Practices: Hungary, Bureau of Democracy, Human Rights, and Labor, U.S. Department of State, 25 February 2004.