A/HRC/20/33/Add.1 C. Specific legislation prohibiting racism, racial discrimination, xenophobia and related intolerance 15. The Special Rapporteur welcomes the adoption by Parliament on 22 December 2003, of Act No. CXXV on Equal Treatment and Promotion of Equal Opportunities (Equal Treatment Act) which entered into force on 27 January 2004. The Act constitutes comprehensive legislation to combat racial discrimination. It prohibits both direct and indirect discrimination on 19 grounds, including racial origin, colour, nationality, origin of national or ethnic minority, mother tongue, religious or ideological conviction, sexual orientation, and sexual identity (article 8). It also explicitly prohibits segregation (article 7 (1)). A broad range of fields are covered under this legislation including employment, social security, health care, housing, education and training, as well as the sale of goods and use of services. The Act further applies to both public and private actors and allows the adoption of positive measures of a temporary duration for certain disadvantaged groups. 16. Since its adoption the Act has been amended and improved including in the area of employment. In this regard the Special Rapporteur welcomes the fact that the payment of different salaries wages or other benefits to individuals on the basis of their colour, race, nationality, national or ethnic origin is always considered to violate the principle of equal treatment. The Special Rapporteur further notes with appreciation that institutions financed by the State budget and employing more than 50 people, as well as legal entities in which the State has a majority ownership, are required to adopt an equal opportunities plan. D. Criminal Code 17. The Hungarian Criminal Code contains specific prohibitions with regard to racism. Section 174/B of the Criminal Code criminalizes violence against a member of a national, ethnic, racial or religious group, which is punishable with imprisonment of up to five years under section 174/B (1), and between two to eight years under section 174/B (2) if the crime is committed (a) by force of arms; (b) in an armed manner; (c) causing a considerable injury of interest; (d) with the torment of the injured party; (e) in groups; (f) in a criminal conspiracy. Under section 269 entitled “Incitement against a Community” a person who incites the general public to hatred of any national, ethnic, racial group or certain groups of the population, shall be punishable for a felony offence with imprisonment of up to three years. 18. The Hungarian Criminal Code also contains provisions under section 269/B on the use of symbols of despotism such as a swastika, the SS sign, an arrow cross, hammer and sickle, a five-pointed red star or a symbol depicting any of the above. Such an offence is punishable with a fine unless a more serious crime is committed. The crimes of genocide (section 155) and apartheid (section 157) are also included in the Criminal Code. 19. According to the Government, racist motivation is an aggravating circumstance under the Criminal Code in case of homicide (section 166 (2) (c)) and assault (section 170 (3)). The authorities also reported that the Criminal Code was amended in 2010 in order to introduce a new crime of denial of the holocaust, and a new administrative offence which consists in the conduct and participation in the activities of a civil organization disbanded by Court decision or the wearing of a uniform or vestment of such a dissolved civil organization at a public event.4 4 A/HRC/WG.6/11/HUN/1, paras. 35-37. 7