A/HRC/44/42/Add.1
migrants have been associated with security threats, including terrorism, and the legitimate
work done by civil society organizations promoting the human rights of migrants and
asylum seekers has been portrayed as protecting migrants and helping them to commit
illegal activities.
6.
In response to the challenges in the governance of migration, the Government has
been undertaking a security-oriented approach. That is reflected in a series of very
restrictive measures adopted by the authorities in the governance of migration, including
automatic detention for asylum seekers in very harsh, prison-like “transit zones” and
increasing restrictions on the capacity of civil society to operate, express their views,
monitor the situation of migrants and asylum seekers, and provide them with legal aid.
Shortly before the visit by the Special Rapporteur, the former Immigration and Asylum
Office changed its name to National Directorate-General for Aliens Policing and 50 per
cent of its personnel became police officers and are now subject to the regulations in the
Police Act. The change of name and affiliation of the immigration authorities has
reaffirmed the security-oriented approach.
III. Normative and institutional framework for the protection of
the human rights of migrants
A.
International legal framework
7.
Hungary is party to the core international human rights treaties, with the exception
of the International Convention for the Protection of All Persons from Enforced
Disappearance and the International Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families. It has also ratified the Optional Protocol
to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment and the Optional Protocols to the Convention on the Rights of the Child on the
involvement of children in armed conflict and on the sale of children, child prostitution and
child pornography.
8.
Hungary has ratified the 1951 Convention relating to the Status of Refugees and its
1967 Protocol. It is party to the Protocols to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children and against the Smuggling of Migrants by Land,
Sea and Air, supplementing the United Nations Convention against Transnational
Organized Crime. It has also acceded to the Convention relating to the Status of Stateless
Persons and the Convention on the Reduction of Statelessness.
9.
Hungary was one of the five countries that voted against endorsement of the Global
Compact for Safe, Orderly and Regular Migration (see A/73/PV.60) and against the global
compact on refugees.
B.
Regional legal framework and relevant proceedings
Regional legal framework
10.
Hungary joined the European Union in 2004. It has been part of the Schengen Area
since 2007. As a member State of the Council of Europe, Hungary has ratified the
Convention for the Protection of Human Rights and Fundamental Freedoms (European
Convention on Human Rights). In the area of asylum law, based on the 1951 Refugee
Convention and the European Charter of Fundamental Rights, the European Union has
developed a common European asylum system. It has enacted a series of regulations and
directives covering different aspects of asylum procedures. The regulations are directly
binding on member States, which must also translate the relevant directives into their
domestic legislation.
11.
Those key legal instruments of the European Union relevant to asylum law that are
applicable in Hungary include, inter alia, regulation (EU) No. 604/2013 of the European
Parliament and of the Council of 26 June 2013, establishing the criteria and mechanisms for
determining the member State responsible for examining an application for international
protection lodged in one of the member States by a third-country national or a stateless
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