A/HRC/58/49/Add.1 inequalities between the living conditions of the Roma/non-Roma population in poverty and social mobility indicators.4 21. The Commissioner for Fundamental Rights of Hungary (CFR) combines the triple functions of Ombudsman, national human rights institution (NHRI) and equality body of Hungary. Previously the Hungarian Ombudsmen Institution had three (1995-2006) then four (2007-2012) Ombudsmen. The establishment of CFR in 2012 merged the separate Ombudsmen,5 and in January 2025 it was also designated as Hungary’s national preventive mechanism (NPM) under OPCAT. 6 In 2020, the Independent Police Complaints Board merged into the institution, and in 2021 the Equal Treatment Authority (ETA) was also disbanded and merged into the CFR. 22. The legal foundation for the Commissioner is article 30 of the Hungarian Constitution, and the mandate in Act CXI of 2011. The Commissioner’s primary function is to protect fundamental rights, inquire into any violations of fundamental rights, and initiate measures to remedy them. The Commissioner is elected by Parliament and has two elected deputies: Deputy Commissioner for Fundamental Rights, Ombudsman for the Rights of National Minorities, and Deputy Commissioner for Fundamental Rights, Ombudsman for Future Generations. The Commissioner is solely accountable to Parliament and cannot conduct inquiries into the activities of Parliament, the President, the Constitutional Court, the State Audit Office, the courts, or the Prosecution Service. 7 23. The CFR received status ‘A’ accreditation from the Global Alliance for National Human Rights Institutions (GANHRI) in 2014, but was downgraded to ‘B’ status in 20218 meaning that it cannot vote as an observer state. This was due to its failure to demonstrate its independence, its ability to adequately address human rights issues, or to refer these issues to the Constitutional Court. The CFR has objected to its accreditation review.9 V. Main findings from the visit A. Public manifestation of religion or belief 24. Article 18 of the UDHR and article 18 of the ICCPR enshrine the universal right to freedom of thought, conscience, religion or belief. General comment No. 22 of the Human Rights Committee interprets article 18 ICCPR. 25. This fundamental right includes the right to have, hold or change one’s theistic, nontheistic, atheistic or non-religious beliefs; and the right, either individually or in community with others and in public or private, to manifest one’s religion or belief in worship, observance, practice and teaching. Manifestation should be understood as including “a broad range of acts” (general comment 22, para. 4); as detailed, non-exhaustively, in article 6 of the 1981 UN Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief (1981 Declaration). Both aspects of the right protect the ability to think independently, develop identity, shape religious and belief convictions and commitments, and live accordingly. 26. Interlocutors in Hungary shared that they enjoy the freedom to have, adopt and change religion or belief and that religion and belief communities can worship, associate and gather irrespective of whether they are recognised in the four-tier system or not. They shared of a sphere of protection for all in relation to a general sense of physical security and integrity which is clearly welcome, but it does not cover the full scope of freedom of religion or belief 4 5 6 7 8 9 https://szocialisportal.hu/wp-content/uploads/2024/01/Closing_Study_NRP_2022_2023.pdf. Article 30 of the Constitution. Section 2(6) and Section 39, Act CXI of 2011 and Act CXLIII of 2011 on the Promulgation of the Optional Protocol to the Convention against Torture (OPCAT). Section 18(3), Act CXI of 2011. https://ganhri.org/wp-content/uploads/2024/06/StatusAccreditationChartNHRIs.pdf. ENNHRI. Rule of Law. page 16. https://ennhri.org/wp-content/uploads/2023/08/Hungary_CountryReport_Rule-of-Law-2023.pdf. 5