A/HRC/4/9/Add.2
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92.
Hungary’s post-communist constitutional arrangements entrenched significant autonomy
for municipal authorities in areas such as education. This has thwarted the national
Government’s efforts to gain broad-based compliance with national policies on issues such as
school desegregation. The Independent Expert noted that the Government must take effective
steps to monitor and enforce compliance with national standards and fulfilment of rights of
Roma at the municipal level.
93.
The situation of multiple discrimination faced by Roma women presents specific
challenges, including in the fields of education, employment, health care and housing, which
require targeted attention and dedicated resources within the relevant ministries and local and
regional authorities. Attention to Roma issues only within the context of a wider policy
framework on gender and women’s rights issues will fail to meet the needs of Roma women or
protect and promote their rights, freedoms and opportunities.
The full and effective participation of Roma women is an essential
component of Government and civil society efforts to address their issues. The early
establishment of an advisory body on Roma women’s issues to the Ministry of Social
and Labour Affairs should be considered as a means of gaining the views and
experience of Roma women and assisting in the planning, design, implementation
and evaluation of policy with regard to Roma women.
94.
The Independent Expert highlighted particular concern over the situation of Roma in the
fields of education and employment, as well as the need to comprehensively address the
widespread societal discrimination and anti-Roma prejudice manifest in other sectors relating to
social and economic rights. With respect to these sectors, the Independent Expert makes the
following recommendations.
Education
95.
While the government policy with respect to desegregation must be commended, it
is clear that the current approach based on financial incentives is grossly inadequate to
match the non-Roma citizen resistance at the municipal level.
(a)
The State must devise effective measures to fulfil its obligation to guarantee
compliance with its national anti-discrimination and equal treatment legislation, its
Constitution and its international legal obligations to eliminate discrimination. It must put
in place effective dissuasive sanctions that attach to relevant identified authorities if
compliance is not realized. Consideration should be given to the withdrawal of funding
from schools that fail to integrate according to their legal requirements;
(b)
The free-choice system for parents and the ability of schools to freely select
or exclude students has been an engine to generate segregation in Hungary’s public
schools. The Independent Expert welcomes recent initiatives to limit “free choice” in ways
that would create and sustain a healthy balance of ethnic diversity in public schools and
equal access to the highest possible quality education for all students. Such measures
should be maintained and vigorously enforced;