The Parliamentary Commissioner for Civil Rights (Ombudsman) is a parliamentary institution. According to Act LIX (passed by Parliament on 1. June 1993) "the duty of the Ombudsman is to investigate or to have investigated any abuses of constitutional rights, he has become aware of, and to initiate general or particular measures for the redress thereof (paragraph (1) of Article 32/B of the Constitution)."

The election of the Ombudsman, General Deputy of the Ombudsman, and of two special Ombudsman took place on 30. June 1995. Their mandate terminated after six years by the expiry of the term of mandate. The General Assembly elected Barnabás Lenkovics as Ombudsman, Albert Takács as General Deputy Ombudsman and Jenő Kaltenbach as Ombudsman for the National and Ethnic Minorities. They entered office on 1. July, 2001. The proposal for the person of the Ombudman for Data Protection and Freedom of Information is in course.

The Parliamentary Commissioner for Civil Rights may investigate the procedures of, and measures taken by, all authorities excepting those of the courts. The scope of these powers extends also to service providers in monopoly-like positions. In the course of his investigations, the Commissioner enjoys broad authority; he may require the submission of documents, interview the parties involved, conduct investigations on the scene and require statements and explanations. He may also request the body exercising supervision over the authority involved to conduct an investigation on its own. However, he may not decide cases brought before him, he may only make recommendations, which, evidently, are not binding for anyone.

Issuing a recommendation equates to making the determination that a constitutional impropriety has occurred. In this way a dialogue may develop in the course of which the authority involved, its supervisory body, in particular cases the relevant Ministry or even the Government, may be addressed. In the light of the arguments presented, the Commissioner himself may modify his position or his recommendations. He must convince the party with the opposite interest, i.e. the authority, that on the basis of the lessons of the case, the incorrect procedures or inappropriate attitudes should be abandoned and that there should be no departure from the correct interpretation of the constitution or, as the case may be, that the modification of unconstitutional provisions of law should be contributed to. The Parliamentary Commissioner for Civil Right remains in communication with the parties involved on a continuous basis and may come back to the issue any time and may ask for an account of the compliance with the settlement based on his recommendation. The Ombudsmen of civil democracies try to ensure through this "weak system" of means that the authorities should apply the professional experience accumulated by them to the service of the interests of the parties. In the effectuation of human and civil rights, a command supported by the power of the authority is, in any event, the last resort, and issuing such commands belongs, primarily, to the competence of the courts. The Commissioner must achieve by strong and solid arguments that the authorities empowered to decide cases should admit their errors and correct the decisions accordingly. Thus, the "compulsion" applied by the Commissioner is exerting pressure, formulated professionally and amplified, through the use of publicity, that has been given expression in the constitution developed on the basis of democratic values.

The Parliamentary Commissioner for Civil Rights makes an annual report on his experiences obtained in the course of his official activities, concenrning, in particular, the situation of constitutional human rights and the attitudes of the authorities concerning the initiatives taken, and recommendations made, by him as well as the result of those initiatives and recommendations.

The most important event in Hungary concerning childrens' rights was the enactment of Act XXXI/1997 on the protection of children and on the administration of guardianship affairs.

The Parliament of the Republic of Hungary declared in the first section of the Act the intention to define the basic rules supporting by provisions and measures the work of the State, local self-governments, natural and legal persons caring for children, as well as noncorporate institutions in order

- to enforce the legal rights of the children and the accord and satisfaction of parental commitments,

- to prevent or terminate the assault of children and to replace the missing parental care, and

- to help social adapting of young adults dropping out of childrens' care.

The Act, - relying on the Constitution of the Republic and on Act LXIV/1991, enacting the Treaty on Childrens' Rights as accepted in New York on November 20, 1989 - defined the basic rights of children, the guarantees for the effectuation of these rights and the system and rules of the protection of children. The Act laid down as principle that governmental and nonstate organizations and persons

- are obliged to proceed taking into consideration the interest of the children,

- have to contribute to their upbringing within family home circle by providing the necessary support to the child and its family, and

- have to ensure the safety, nursing, education and healthy development of personality of those children who, by any reason, dropped out of their family.

The group of persons endangered the most by social restratification is that made up of children. Every second person among the poor is a child or a minor. The proportion of children in need has increased particularly in towns. Their chances for social integration have gradually decreased. Knowing the situation, we try to pay particular attention to the civil rights of this layer and to the reinforcement of the network of institutions that may increase their chances for integration. Children and minors do not complain or very rarely.

Since exercising their function the Ombudsmen Conducted several ex officio investigations. From among them: comprehensive investigation was performed on the realization of the constitutional rights of inmates in different children's homes and in shelters for alien children in 1998 and 1999, respectively. In the course of 2000 in Heves county crimes committed against children and minors within the family and the responsibility of the relevant authorities was investigated.

According to the results of investigations, the most critical point of the protection of children is the ensurance of their social security. In Hungary the number of endangered children exceeds 320.000, from amorg them more than 20.000 live within child welfare services. Endangering is mostly due to economical situation or inadequate social environment.

As inportant improvement in the assertion of children's right is due to the principle declared in the Child Protection Act: "a child shall not be separated from his or her family because of their economic difficulties".

According to the results of the commissioners investigations the removal of children from their families due to financial reasons, occurred less frequently. One of the planned modifications of the Child Protection Act - suggested by the Commissioner - might help families e.g. by covering sublease expenses and thus supporting homeless families.

Child welfare services are one of the most important elements within the system of institutions for the protection of children. The Act on the protection of children and guardianship administration defines the ensuring of children's welfare and the setting up of child welfare services as a basic obligation of local governments. However, during the investigations the Ombudsman found that in approx. 10 per cent of the investigated cases serious improprieties occurred related to child protecion. This was mostly due to the failure or default of local governments in setting up the basic care system for child protection, or even if they had, they failed to supervise their activities. It became evident that the very different economic possibilities of different settlements largely determined the quality of service. Sometimes even the most basic conditions of operation - like a room to conduct conversations in privacy, or a telephone or fax - are missing.

Signalising and case discussion are no longer unfamiliar concepts within the welfare service, but doctors, policemen, representatives of the schools and district nurses, state atorney's office should be involved as well. The cooperation among these institutions might be aggrevated by their different approachres. Such differences might emerge between representatives of the family welfare system and educationalists. Whereas former ones emphasise the importance of keeping the family together, the school - once it wants to get rid of the child who is in trouble and is qualified as being a risk - prefers to take steps to have children removed from the family. Child Protection Act binds the above institutions and individuals to their signalising and discussing obligations.

One of the most important conclusions drawn from a comprehensive investigation conducted in 2000 is that the most important institutions for child protection, hardly ever communicate with each other. Crimes committed against children are reported to criminal authorities. The investigation authority, as it is not obliged by statutes to do so, failed to inform the child welfare organs of the report, thus the latter could not provide assistance to the endangered children. The ombudsman, as a result of the investigation, recommended that - in order to effectively protect children - welfare services should be informed of conflicts necessitaling police intervention.

The parliamentary commissioner dedicates distinguished attention to the protection of children's rights in the future as well.

To this end he pays regard to:

- the proccess of conversion of children's homes of great strength into intimate family-type smaller ones,

- the establishment of special institutes for minors with conduct problems, drug-or alcohol addicts

- the assertion of the right to expression of opinion and to complaint of minors living in children's homes

- the acivities of authorities and child care institutions in order to prevent and anticipate abuses.

The Parliamentary Commissioner supported the legislation of children's rights. Since entering into force of the Act, based on the results of individual and ex officio investigations, the ombudsman recommended several modifications, some of which were taken into consideration. Similar results were achieved concerning the amendment of various statutes.

The parliamentary commissioner undertakes continuous efforts in order to improve the effectiveness of the execution of the rules of law and to introduce new attitudes to the acivities of the local governments with their duty of child protection.

Last edited by Barneombudet March 22, 2004
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