A/HRC/58/49/Add.1
and non-discrimination. Nevertheless, several interlocutors reported that they felt highly
vulnerable given the extent of ‘normalised’ intolerance in social and traditional media.
27.
Vandalism of religious places of worship and burial sites is criminalised in Hungary
and any person who causes public scandal in a place of worship or desecrates religious
objects in or outside of rooms assigned for rites commits an infraction according to Hungarian
law.10
28.
In 2018, this mandate expressed concerns about the repeated denial and unjustified
delay on the permission for the Church of Scientology to maintain its headquarters and place
of worship in Budapest.11 The Government has reportedly targeted the Church of Scientology
through raids, denial of occupancy certificates, and seizures of confidential religious files.
International bodies have criticized Hungary’s actions, arguing they violate human rights.
The Special Rapporteur notes that this case raises concerns about broader discriminatory
practices toward minority religions in Hungary.
29.
Christian symbols are often displayed at state functions in Hungary. The Special
Rapporteur notes a lack of legal clarity and of jurisprudence in Hungary on the use of
religious symbols in the public sphere, given the separation of church and state. She was
informed during her visit about the controversy surrounding the imposing Budapest Citadella
Statue, or Liberty Statue, erected in 1947 and commemorating those who sacrificed their
lives for the independence of Hungary. The government plans to add a Christian Cross to it
as a symbol of Hungary being a Christian nation and many locals are opposing changes to
the statue.
B.
Role of and financial support to religious communities
30.
The revised Church Law introduced a four-tiered system of legal recognition of
religions or beliefs, with the process for attaining established ‘church’ status remaining
highly restrictive (see paras. 17 and 31ff). The categories are “established churches,”
“registered churches,” “listed churches,” and “religious associations.” Top-tier “established
churches” enjoy full legal status and the benefits of state support, such as financial assistance
for religious activities, tax exemptions, “comprehensive agreements” with the State having
released significant subsidies and funding for the religious schools, hospitals, and social
institutions ran by them. The Roman Catholic Church, Reformed Church of Hungary,
Evangelical Lutheran Church, among others, have longstanding agreements, while other
minority religious groups have not enjoyed such support. In 2018, for example, the Hungarian
government allocated approximately 14 billion HUF (50 million US$) in state funds to
support established churches, while smaller groups relied on private donations and
community support.
31.
To achieve this top-tier status, groups must undergo a complex registration process
requiring approval from a two-thirds majority vote in Parliament. This has been criticised for
politicising registration that should be based on objective criteria.
32.
The criteria for any type of religious registration sets a minimum number of members
and proven historical presence in Hungary. “Religious associations,” such as Jehovah’s
Witnesses, face legal and financial hurdles, and report difficulties in accessing public funds
for community activities and maintaining meeting places; as do other smaller or newer
organisations such as some Buddhist, Hindu, and Jewish groups.
33.
Some actors justified a preferential funding regime to some religious organizations as
serving to partially remedy the historical injustice to their communities and previous
substantial assets (cultural and financial), and even for the devastating loss of human life
during the Communist rule for which there was no full restitution. Nevertheless, the Special
Rapporteur notes that this would call for a transparent and objective process, rather than for
the tiered system of religious recognition into perpetuity.
10
11
6
Section 371(3) of Chapter XXI of Act C of 2012 on the Criminal Code and Section 188 of Act II of
2012.
HUN 5/2018.