A/HRC/20/33/Add.1
74.
The Special Rapporteur recommends that the Government ensure that more
administrative judges with the relevant knowledge of and competence in human
rights, refugees and asylum seekers standards be involved in the current judicial
review process of immigration detention facilities. The Special Rapporteur also
recommends that the Government ensure that specialized human rights training with
a particular focus on the principle of non-discrimination and the human rights of
migrants, refugees and asylum seekers is provided to members of the judiciary,
including criminal judges, police officers and immigration officials and other
interested groups including civil guards working in detention facilities, and social
workers dealing with unaccompanied minors. Training with a special emphasis on
bridging intercultural and linguistic gaps should also be provided.
On the legal human rights framework
75.
The Special Rapporteur recommends that Hungary accede to the international
and regional human rights instruments for which it is not yet a party, including the
International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families.
76.
The Special Rapporteur calls upon the Government to ensure that the
constitutional changes concerning minorities’ rights will not weaken the current legal
and institutional framework for their protection, especially with regard to their
representation and participation in public affairs. Furthermore, in the light of general
recommendation No. 30 (2004) of the Committee on the Elimination of Racial
Discrimination on discrimination against non-citizens, the Special Rapporteur
recommends that all the constitutional provisions restricting certain human rights to
Hungarian citizens including the right to education and the enjoyment of social
security, be revised to extend equal human rights protection to all individuals residing
in Hungary, including non-citizens.
77.
The Special Rapporteur also encourages the authorities to strengthen measures
to ensure the effective implementation of the Equal Treatment Act and monitor its
application closely. The Special Rapporteur regrets that the Criminal Code does not
explicitly include a general provision under which racist motivation constitutes an
aggravating circumstance. He therefore recommends that the Government explicitly
introduces into the Criminal Code a general provision according to which committing
an offence with racist motivation or aim constitutes an aggravating factor allowing for
enhanced penalties.
On the institutional human rights framework
78.
The Special Rapporteur recommends that measures be taken to ensure the
Equal Treatment Authority is fully independent of the Government and to provide it
with the necessary technical, human and financial resources. The Special Rapporteur
also recommends further steps for the development of accessible and understandable
awareness-raising measures on the work and competencies of the Authority aimed at
the general public. Civil society actors could be major partners.
79.
The Special Rapporteur regrets the abolition of the Parliamentary
Commissioner for the Rights of National and Ethnic Minorities and encourages the
Government to re-establish it in light of the need for an independent body to monitor
the promotion and protection of the rights of minorities.
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