A/HRC/58/49/Add.1
for this purpose and a further 1% to an NGO. This results in financial discrepancy for nonreligious associations that provide the same public service activities.
109. In 2022, the Special Procedures along with this mandate, expressed concern about the
alleged unlawful dismissal of a civil servant (Mr. Gáspár Békés) by the Budapest City Hall, 55
appearing to relate to the legitimate exercise of his right to freedom of opinion and expression
and right not to profess any religion as an atheist. He received public criticism from highlevel officials and death threats from the public on social media subsequent to expressing
opinions on the banning of child baptism. The Special Procedures expressed concerns over
the apparent lack of due diligence and sufficient investigation from the authorities. In its
response to the communication, the Government claimed that Mr Békés’ dismissal was by
‘the Budapest Municipal Authority, not by any government body’, and referred the mandate
holders to the Mayor’s office. During the visit, the Special Rapporteur raised the matter with
representatives of that office.
VII. Recommendations
110. In light of the foregoing, the Special Rapporteur recommends that the
Government:
(a)
Revisit the 2011 Church Law and its 2018 amendments to ensure that all
religion and belief communities, institutions and actors, can operate freely, without
discrimination, with particular attention to legal and financial restrictions on their
activities;
(b)
Address concerns arising from the tiered religion recognition policy
especially regarding harms to solidarity between and within religious communities, the
risk of compromising their autonomy, and ability to maintain neutrality and
independence from the State;
(c)
Review all laws, legislation and practices in order to identify provisions,
processes and procedures that may perpetuate discrimination based on religion or
belief, noting that this requires an end to all “distinction, exclusion, restriction or
preference based on religion or belief” and all “nullification or impairment of the
recognition, enjoyment or exercise of human rights and fundamental freedoms on an
equal basis” (1981 Declaration, article 2(2)). All privileging between groups, tiering,
and differential access to state benefits and public funding, runs counter to this;
(d)
Conduct a thorough review of the current functioning and effectiveness of
the Hungarian NHRI, following the integration of various rights protection bodies into
the CFR, with a view to demonstrating functional independence, autonomy, ensuring
compliance, addressing human rights issues or referring them to the Constitutional
Court, and conducting inquiries into the activities of all other government entities,
allowing the NHRI to return to ‘A’ status, and allocate adequate human and financial
resources for the NHRI;
(e)
If and when social institutions are turned over from being State-run to
church-run, the State should ensure that its obligations towards the human rights of all
concerned is upheld including those of employees, students, patients; Church-schools
should inter alia offer ethics as an alternative and not make their faith classes
mandatory, and should ensure that admission is not denied de facto to children who are
Roma, have disabilities, or hold other religions or beliefs; Reproductive health services
should ensure access to all without discrimination;
(f)
Ensure equal protection (including child protection), accountability, and
financial transparency in church-run services, whether in education, health, child
protection or other social institutions;
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HUN 1/2022.