A/HRC/58/49/Add.1
are accountable to both, with administrative and other responsibilities. They do not receive
any psychological, mental health or spiritual support, or supervision, leading to incidents of
burnout.
89.
Even the minimum conditions for pastoral care are lacking, for example appropriate
premises where chaplains can hold meetings, so religious provision is very rare. In one
prison, the local chaplain could only offer spiritual support to prisoners in a storeroom.
Pastoral care for high-risk detainees in long-term detention is nearly impossible. Chaplains
sit in front of the locked door, separated from the detainee for security reasons, so there is no
privacy as other detainees and guards can hear everything.
90.
The Special Rapporteur underlines the obligation to ensure no discrimination against
any prisoner or staff member. To prevent any potential abuse, detention facilities should be
the object of intense public scrutiny and provide for effective complaints mechanisms.
91.
As noted above (para. 21), the CFR was designated as the Hungarian NPM under the
OPCAT in January 2015. The UN Subcommittee on Prevention of Torture (SPT)’s 2017 visit
noted particular concern “at the lack of functional independence of the [NPM] within the
Office of the Commissioner for Fundamental Rights”, and the lack of adequate resources and
funding for the NPM.46
I.
Conscientious objection
1.
Conscription and military life
92.
Conscientious objectors to military service are afforded constitutional protection,
being permitted to perform “unarmed service” in lieu. 47
2.
Conscientious objection in other fields
93.
Doctors and healthcare professionals are not obliged to perform or assist in the
performance of abortions, except in cases where there is a risk to the life of the pregnant
woman (Article 14 of 1992 Act LXXIX on the Protection of Fetal Life). Doctors must inform
the healthcare provider in writing in advance if they do not wish to carry out certain
procedures or must do so in writing without delay when the procedure is due to be performed.
At least one abortion team must be provided in state and municipal institutions with obstetrics
and gynaecology departments, ensuring that a doctor is available to perform the procedure
(Article 13(2)). In the hierarchy of medical ethics, the protection of life is the highest priority
when a cause endangers the life of a pregnant woman. If a woman’s life can only be saved
by an abortion, the doctor cannot refuse to perform it, even if they have previously stated that
they are unwilling to do so.
94.
Pursuant to Article 21(1) of Act CLIV of 1997 on Health Care, any treatment that, if
not received, would likely cause serious or permanent damage to the health of an
incapacitated patient or a minor with limited capacity to act, may not be refused. The doctors
may override the parents’ objection to a minor requiring life-saving care, such as blood
transfusion, and the institution may seek assistance from law enforcement to enforce this
under Section 21(3). Criminal liability for the parent or legal representative may also arise
under the statutory offense of endangering a minor (Act C of 2012, Criminal Code), if
treatment is refused for religious reasons or not admitted to a healthcare institution.
95.
There are no established procedures for the circumcision of minors in Hungary. In
practice, circumcision for health reasons is typically performed on minors in healthcare
institutions, but there are no written professional guidelines for circumcision for religious
reasons.
46
47
CAT/OP/HUN/2, paras. 20-26.
Hungarian Constitution, Article XXXI.3.
15