A/HRC/44/42/Add.1 66. Hungary should continue to incorporate international and European Union standards in the area of human rights into domestic legislation and repeal recent amendments introduced to relevant domestic legislation, inter alia the Asylum Act and the Criminal Code, which have had a negative impact on the protection of the rights of migrants and asylum seekers, including children. The Special Rapporteur calls on Hungary to repeal all amendments to domestic law that are inconsistent with its international human rights obligations, particularly with respect to the right to seek asylum, the right to liberty and the right to challenge the legality of detention, ensuring the principle of non-refoulement and the principle of the best interests of the child, providing adequate and appropriate reception and other conditions. 67. Individuals and civil society organizations working on the promotion and protection of the human rights of migrants, asylum seekers and refugees should be able to operate without interference. In that regard, Hungary should consider repealing article 353/A of the Penal Code, as modified by Act VI of 2018, which criminalizes assistance to migrants and asylum seekers. 68. In the area of asylum law, the power of judicial review should be strengthened. Hungary should revise the relevant provisions in domestic legislation that weaken the power of the judiciary. More specifically, Hungary should consider repealing Law No. CXL of 2015 Amending Certain Laws in the Context of Managing Mass Immigration, which revoked the power of the courts to overturn administrative decisions on asylum claims. 69. Prolonged administrative detention of asylum seekers without the possibility of an administrative or judicial review or remedy amounts to arbitrary detention. The Special Rapporteur strongly recommends that regular hearings are held in person by competent judges in the transit zones, including at the admissibility stage of asylum claims. In addition to ensuring adequate judicial review, that would send a powerful message about the independence of the judiciary vis-à-vis the immigration authorities, contribute to the transparency of the transit zones and provide some relief to those held at such facilities. 70. Regarding the pervasive anti-migration discourse in the official sphere, the Special Rapporteur calls on the Government and politicians at all levels to refrain from advocacy of ethnic or racial hatred and xenophobia that constitutes incitement to discrimination, hostility or violence. Any such advocacy should be prohibited by law. Perpetrators of hate crimes should be brought to justice and Hungary should strengthen its efforts to eradicate discrimination against and stereotyping of migrants, including asylum seekers, by promoting tolerance and respect for diversity through public campaigns. 71. The media, especially local media outlets, play an important role in forming the public discourse on migration. The Special Rapporteur encourages media workers to ensure that reports in the media on migrants and migration are based on data and evidence. Journalists should use humane and protection-sensitive language when portraying migrants, asylum seekers and refugees and refrain from spreading antimigrant statements and rhetoric or contributing to xenophobia and hatred of people on the move. The Special Rapporteur encourages journalists to conduct interviews with migrants themselves and give them the opportunity to tell their stories. It is important to recognize in media coverage the country’s obligations under international law to respect the human rights of migrants and refugees, independent of their status. Recommendation to the European Border and Coastguard Agency 72. The Special Rapporteur recommends that the European Border and Coastguard Agency strengthen the human rights provisions included in its joint operational plans with member States and enhance the monitoring function of its Fundamental Rights Office to assist States in upholding the principle of nonrefoulement. 16

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