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A. UN Convention status
A1. Ratification or conclusion of the UN Convention
Hungary signed the Convention on 30 March 2007. Following the ratification by Law 92 of 2007, the UN Convention came into force in Hungary on 3 May 2008 by decision 22/2008.(V.9) of the Minister of Foreign Affairs.
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A2. Ratification or accession to the Optional Protocol
Hungary was the first Member state to sign and ratify both the Convention and the Protocol. Hungary signed the Protocol on 30 March 2007 and ratified on 20 July 2007 by Law 92 of 2007. The Optional Protocol came into force in Hungary on 3 May 2008 by decision 22/2008.(V.9) of the Minister of Foreign Affairs.
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A3. Declarations, Reservations and Objections
Hungary registered no declarations, reservations and objections to the UNCRPD.
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A4. Comprehensive review
A comprehensive review of existing legislation was undertaken by the National Disability Council in preparation for the implementation of the UN Convention.
Links
- Rehab Portál/ National Disability Council on institutions (in Hungarian)
- Rehab Portál/ National Disability Council on relevant laws (in Hungarian)
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A5. Focal point
Hungary’s focal point for the UN CRPD is the Ministry of Human Capacities. The Office of the Secretary of State for Social Inclusion is responsible for Disability affairs, including UN CRPD. The fundamental goal of the Office of the Secretary of State for Social Inclusion is that individuals and groups in disadvantaged positions should have access to their fair share of the expanding opportunities available. The essence of the concept is its composite nature, which means that qualitative improvements in disadvantaged areas can only be seen if educational, social, healthcare and employment conditions are improved simultaneously. In May 2018 a package of proposals were elaborated in order to implement UN CRPD.
Links
- Website of the Ministry of Human Capacities (Hungarian and English)
- Proposals (May 2018, in Hungarian) to implement UN CRPD
- Thematic Working Group on Rights of Persons with Disabilities (in Hungarian)
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A6. Coordination mechanism
The National Council on Disability Affairs (NCD) was designated by the government as the independent mechanism in relation to the UNCRPD. The mandate of the NCD members is regulated by Government decision 1330/2013. Beyond NCD, the government has established a Thematic Working Group for the Rights of Persons with Disabilities with participation of 19 NGOs.
Links
- Government decision 1330/2013 on NCD (in Hungarian)
- Thematic Working Group on Rights of Persons with Disabilities (in Hungarian)
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A7. Independent mechanism
According to Government Decree 1065/2008 and 1330/2013, the National Council on Disability Affairs (NCD) was designated by the government as the independent mechanism in relation to the implementation of the UN CRPD. The Council is an advisory agency to the government and reviews policies pertaining to persons with disabilities. Disabled people’s organisations are also represented.
Links
- Hungary’s State Report reviewed by the UN CRPD Committee
- Government Decree 1330/2013 (in Hungarian) on the National Council on Disability Affairs
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A8. Official reporting
Hungary’s initial state report was due in June 2010 and was submitted in October 2010. It was published in its final version in 2011.
Hungary's 2nd and 3rd Periodic Report under LOIPR/Simplified Reporting Procedure was submitted in 2017. The State party report was accompanied by additional information (Info from Civil Society Organizations for LOIPR) provided by several civil organisations.
Links
- Hungary's State reports to the UN Committee (in five languages)
- Hungary's State party report under LoIPR procedure (in English)
- Annexes to State party report under LOIPR procedure (in English)
- Link to all UN reporting cycle documentation
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A9. Shadow reporting
The Hungarian Civil Caucus was established in 2010 by civil disability organisations to monitor the implementation of the UN Convention. Nine NGOs and the Ombudsman are the members of the Caucus. The Hungarian Disability Caucus published a Shadow Report on the UN Convention on 10 August 2010. This report is available on various NGOs' websites, however, it was not submitted to the UN database.
Links
- Hungarian Disability Caucus shadow report 2010 (English and Hungarian)
- Civil society reports to the UN Committee
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B. General legal framework
B1. Anti-discrimination legislation
The anti-discrimination framework in general protects persons with disability. The Fundamental Law (Constitution) contains a general anti-discrimination clause (Article XV) and the Equal Treatment Act (Law 125 of 2003) provides detailed anti-discrimination rules. The Equal Opportunities Act (Act 26 of 1998) also contains specific provisions on equal treatment of persons with disability. The Labour Code (Act 1 of 2012) contains a provision on reasonable accommodation (article 51.5) that requires that in the employment of persons with disabilities appropriate steps shall be taken to ensure that reasonable accommodation is provided. There are no specific provisions on disabled women and children. The Equal Treatment Act contains detailed rules on definitions, remedies and legal procedures. There are specific prohibitions on several fields, such as employment, housing, health care etc.
Links
- Equal Treatment 2003 Act, original text without amendments (English)
- The New Fundamental Law of Hungary (English)
- Equal Opportunities Act 1998 (Hungarian)
- Labour Code, original text without amendments (English)
- Equal Treatment Authority (English and Hungarian)
- Hungarian Helsinki Committee (English and Hungarian)
- Hungarian Civil Liberties Union (English and Hungarian)
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B2. Recognition of legal capacity
The right of persons with disability to enter into legal commitments are based on their possibility to exercise their rights, i.e. on their legal status determined by the legal capacity (including capacity to have rights and capacity to act). According to Act 5 of 2013 on the Civil Code, persons may be under plenary and partial guardianship, and their right is limited to enter into legal commitments. Article 2:38 contains rules on supported decision-making.
According to Article 21 of the new Labour Code, people under partial guardianship are allowed to conclude an employment contract, which is a legal commitment. Persons under guardianship may conclude employment relationships only for jobs which they are capable to handle on a stable and continuous basis in the light of their medical condition (article 212 of the Labour Code). Legal acts on behalf of persons under guardianship shall be made by the legal representatives (article 21.5 of the Labour Code).
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B3. Accessibility of voting and elections
Every adult Hungarian citizen shall have the right to be a voter as well as a candidate in the elections of Members of Parliament, local representatives and mayors, and of members of the European Parliament. A person disenfranchised by a court for committing an offence or due to his or her limited mental capacity shall have no suffrage (Fundamental Law, article 23). Article 13/A of Act 36 of 2013 on election procedure contains detailed procedural provisions on the limitation of the right to vote, implementing Article XXIII. (6) of the Fundamental Law:
- The court must settle the issue of exclusion from the right to vote in the sentence on guardianship restricting or excluding legal capacity.
- The court shall exclude the adult person from the right to vote, if his/her ability to act:
- is permanently and remarkably diminished by psychical condition, mental health problem or addiction; or
- is missing due to his/her psychical condition or mental disability.
- If the court does not deprive the person with limited or without legal capacity of the right to vote, the person under guardianship shall exercise personally his/her right to vote and able to make valid legal acts regarding the exercise of this right.
- The person who is legally authorised to initiate a court proceeding aiming at guardianship of another person may also ask the court to deprive this adult person of the right to vote, irrespective of the conditions mentioned above.
Links
- New Fundamental Law of Hungary (English)
- Act 36 of 2013 on Election Procedure (Hungarian)
- Film on disability and suffrage (Hungarian)
- Opinion of the Civil Liberties Union (Hungarian)
- Act 36 of 2013 on Election Procedure, General Provisions (English)
- Office for Democratic Institutions and Human Rights, Hungary Parliamentary Elections 8 April 2018 (English)
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B4. Official recognition of sign language
Act 125 of 2009 on Hungarian sign language defines the community of hearing impaired persons as members of a linguistic minority by acknowledging Hungarian Sign Language. The Act establishes the deaf and deafblind person’s right to learn and use special communication systems. Deaf and deafblind persons are able to communicate at offices with the help of sign language interpreters. From 2017, education in Hungarian Sign Language is obligatory for deaf children in special schools, while in the integrated schools they will become eligible if a parent of the child chooses so. From 2017 on it is obligatory to organise bilingual education in deaf children’s schools for the children who have chosen it. The Act also declares that kindergartens, equivalent pre-schools and other schools educating a child living with disability shall be chosen by the parent on the basis of the information provided by the expert and rehabilitation committee. The Public Education Act (190 of 2011) regulates the expert and rehabilitation committee.
Links
- Act 125 of 2009 on Hungarian Sign Language and the use of Hungarian Sign Language (Hungarian)
- EU Sign Language Recognition, European Union of the Deaf (English)
- Sign Language Recognition - Hungary (English)
- SINOSZ, Hungarian Association of the Deaf and Hard of Hearing (Hungarian and English)
- Hungarian Sign Language Act (English)
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B5. National disability strategy and action plan
The Act 26 of 1998 on ensuring equal opportunities for persons with disabilities provides that the Parliament and the government must create a mid-term National Disability Programme (Országos Fogyatékosügyi Program), and on that basis, a short-term action plan. The Parliament passed a Resolution in 2006 (No. 10/2006) on the new National Disability Programme for the period of 2007-2013. Government Decree No. 1062/2007 contained the midterm action plan for the implementation of the National Disability Programme during 2007–2010. After the elections in May 2010, the National Disability Council was re-established only in November 2011. After consultation with the National Disability Council, Government Decree No. 1056/2012 contains the action plan for implementation of the National Disability Programme in the years 2012–2013 (after the 2007-2010 Action plan). The Parliament passed the new National Disability Programme (2015-2025) on 31 March 2015 (Decision of Parliament No. 15/2015). The government passed an Action Plan (Government Decision No. 1653/2015) for 2015-2018 to implement the National Disability Programme.
Links
- National Disability Programme (2015-2025) in Hungarian
- Action Plan (Government Decision No. 1653/2015) for 2015-2018 to implement the National Disability Program (in Hungarian)
- Decision 15/2015 (of 7 April) OGY of the National Assembly on the National Disability Programme (2015–2025) in English
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C. Accessibility
C1. Transport accessibility
Transport providers are required by the Equal Opportunities Act (26 of 1998) to provide accessibility for disabled passengers, and this applies to all forms of public transport (railway, buses). The deadlines on accessibility of transport systems were deleted from the Act by an amendment in 2013 (Act 62 of 2013).
The Equal Treatment Act (125 of 2003) shall by applied regarding the legal disputes on accessibility. The Equal Treatment Authority and the courts may sanction breaching of obligations in the Equal Opportunities Act. The former Advisory Body of the Equal Treatment Authority (terminated in 2011) interpreted in its opinion the legal provisions on accessibility.
The accessibility of public transport vehicle is regulated by Decree 6/1990 (12 April) of the Ministry of Transport, Communications and Energy, on the technical requirements for the operation of road vehicles. The scope of the Decree covers all vehicles on public roads, including cars, buses, trolley buses, motorbikes etc. It contains very basic obligations on special places for disabled persons.
In 2009, the Parliamentary Commissioner for Civil Rights (Állampolgári Jogok Országgyûlési Biztosának Irodája, OBH-ÁJOB) launched an investigation about the conditions of public transport, including rail transport, in the capital and the country.
The results showed:
- Railcars: 13% accessible, 6% partly accessible, 81% not accessible;
- Passenger cars: 3% accessible, 97% not accessible;
- Passenger facilities: 4.5% of the buildings are accessible, 4.7% have disabled toilet, 0.5% have tactile warning facilities.
Links
- Equal Treatment Authority (Hungarian and English)
- Equal Opportunities Act (Hungarian)
- Position No. 10.007/3/2006. TT. of the Equal Treatment Advisory Board on the obligation of providing accessibility (Hungarian)
- National Association of Disability Organizations (Hungarian)
- Public Foundation for Disabled Persons (Hungarian, English)
- Together for Each Other in the Public Transport (Hungarian)
- Reports of the Equal Treatment Authority (English)
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C2. Built environment accessibility
Buildings, in which public services are provided, are required by the Equal Opportunities Act (26 of 1998) to be accessible to disabled people. This applies to all buildings open to the public, private buildings, new and old buildings as well. However, buildings of public administration and customer services are exempted from this obligation until 2013. The Equal Treatment Act (125 of 2003) shall be applied for the legal procedures on breaching this obligation. The Equal Treatment Authority and the courts may sanction the omission of accessibility. The Advisory Body of the Equal Treatment Authority interprets the legal provisions on accessibility.
Links
- Equal Treatment Authority (Hungarian and English)
- Position No. 10.007/3/2006. TT. of the Equal Treatment Advisory Board on the obligation of providing accessibility (Hungarian)
- Act XXVI. of 1998 on the Rights of People with Disabilities (Hungarian)
- The Equal Treatment Act (125 of 2003) (English)
- Disablity Rights or Disabling Rights? CRPD Alternative Report (2010) (English)
- Office of the Commissioner for Fundamental Rights, Disability Project (English)
- National Association of Disability Organizations, MEOSZ (Hungarian)
- Public Foundation for Disabled Persons (Hungarian and English)
- Decision 15/2015 (of 07 April) OGY of the National Assembly on the National Disability Programme (2015–2025) in English
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C3. ICT and Web accessibility
ICTs and websites are not specifically mentioned by the Equal Opportunities Act (26 of 1998), however, these are also required to be accessible to disabled people by the provision on accessibility of information. There is no exemption regarding ICTs and websites. The Equal Treatment Act (125 of 2003) shall be applied for the legal procedures related to breaching of this obligation. The Equal Treatment Authority and the courts may sanction the omission of accessibility. The Advisory Body of the Equal Treatment Authority interprets the legal provisions on accessibility. Government Decree No. 305/2005 regulates those websites, where information of public interest is announced. These websites must be accessible for blind persons and persons with sight impairment. The Public Foundation for Equal Opportunities of Disabled People prepared the Methodology Guidance for Ensuring Accessibility, which deals with accessibility of websites as well. Moreover, a special Recommendation for info-communication accessibility was issued by the Public Foundation. These are not compulsory documents, but they provide information on technical issues concerning accessibility to buildings, of websites, communication and services. Hungary has not signed the Marrakesh Treaty.
Links
- Equal Treatment Authority (Hungarian and English)
- Position No. 10.007/3/2006. TT. of the Equal Treatment Advisory Board on the obligation of providing accessibility (Hungarian)
- Act XXVI. of 1998 on the Rights of People with Disabilities (Hungarian)
- Act CXXV of 2003 on Equal Treatment and Promotion of Equal Opportunities (English)
- Disability Rights or Disabling Rights? CRPD Alternative Report, 2010 (English)
- Office of the Commissioner for Fundamental Rights, Disability Project (English))
- National Association of Disability Organisations (MEOSZ)
- Public Foundation for Disabled Persons (Hungarian, English)
- Digital Education Strategy of Hungary 2016 (English)
- The Global Initiative for Inclusive ICTs Hungary (English)
- Share of respondents reporting they have access to the following ICT devices in Hungary in 2013 (English)
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D. Independent living
D1. Choice of living arrangements
Act 26 of 1998 on the rights of people with disability and ensuring equal opportunities (Equal Opportunities Act) includes the following right: 'Persons living with disability have the right to choose a form of residence – family home, residential home, institution – corresponding to their disability and personal circumstances' (17 §).
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D2. De-institutionalisation
The Equal Opportunities Act prescribes that long-term institutions must be closed gradually (article 17 as amended in 2010), and 1,500 persons living with disability capable of independent living with personal help must be housed in residential homes for small communities by 31 December 2013, which was supposed to be financed by EU Funds. The rest of the institutions not affected by the above mentioned change in 2013 are going to be replaced by residential homes according to a schedule defined by the government.
There is a strategy on de-institutionalisation approved by the Government on 21 July 2011 (Government Resolution 1257/2011). The strategy's time frame is 2011-2041. From January 2011 on new institutional places can only be created in community-based forms. Institutions housing for more than 50 persons have to be gradually transformed into community-based services.
Links
- Government resolution 1257/2011 on strategy on de-institutionalisation (Hungarian)
- Strategy on de-institutionalisation (Hungarian)
- Intézménytelenítés Közép-Kelet-Európában? TASZ (Hungarian)
- Deinstitutionalisation articles, studies (Hungarian and English)
- Fogyatékossággal élő emberek életminősége Magyarországon az intézménytelenítési folyamat küszöbén (Hungarian)
- „Emberhez méltó jobb lakó- és életkörülményeknekik is”. Értelmileg akadályozott emberekéletminõsége és a kitagolás kérdése (Hungarian)
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D3. Quality of social services
Minimum standards, time frames and quality principles of social services are regulated by Act 3 of 1993 on Social Administration and Services and by Decree 1/2000 on its enforcement (published by the Ministry of Social and Family Affairs). This legislation applies equally to state, non-state and church service providers (these three as defined by the Act). Consequently, all service providers must observe the material, personal conditions, professional specifications (e.g. preparation of professional programme, right to complaint, etc.) contained therein. The control is regulated by the Government Decree of 369/2013 (X.24) on the registration and control of social and child protection service providers and institutions.
Links
- Act 3 of 1993 on Social Administration and Social Services (Hungarian)
- Decree 1/2000 of the Ministry of Social and Family Affairs on the professional duties of the social welfare institutions providing personal care and conditions of their operation (Hungarian)
- Government Decree of 369/2013 (X.24) on the registration and control of social and child protection service providers and institutions (Hungarian)
- Publication 'Local Organisation of Social Services in Hungary' 2012 (English)
- Publication 'Characteristics of social work in Hungary' 2015 (English)
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D4. Provision of assistive devices at home
Assistive equipment, as well as information and services, are mostly provided by NGOs. As an allowance in kind, a free medication card allows the purchase of therapeutic equipment and medicine. Other allowances of this kind are car purchase support, car conversion support, home adaptations, as well as several forms of transportation support. For all forms of assistive support, the conditions of entitlement and administrative processes are rather complex. Nevertheless, extensive governmental and non-governmental information is available for those concerned.
Links
- Act 26 of 1998 on ensuring equal opportunities for persons with disabilities (Hungarian)
- Social Services Act 3 of 1993 (Hungarian)
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D5. Availability of personal assistance schemes
Independent living is supported essentially by three personal assistance (social) services, regulated by Act 3 of 1993 on Social Governance and Social Benefits. The promotion of independent living of disabled people is mostly realised in the framework of the so-called support services. In several higher education institutions the so-called 'student helping services' are available.
Links
- Act 3 of 1993 on Social Governance and Social Benefits (Hungarian)
- University's Disability Centre
- Hand in Hand Foundation (English)
- Rehabilitation Centre for Physically Disabled People (English)
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D6. Income maintenance
Act 3 of 1993 on Social Governance and Social Services defines cash benefits and benefits in kind available to persons who are disadvantaged for any reason, as well as to children and families. In theory, all these are also available to persons with disabilities. These concrete services, which local governments or other organisations are obliged to render, are as follows:
A) Cash benefits: care allowance (Articles 40-44), which is a financial benefit for an adult providing care at home for a dependant person.
B) Social services: food service (Article 62); family support (Article 64); help in homes fitted with systems to request assistance (Article 65); supporting service (Article 65/C); day care (Article 65/F); housing for persons with disabilities (Article 69); rehabilitation institution for persons with disabilities (Article 74); nursing home for persons with disabilities (temporary institution) (Article 83); and residential home for persons with disabilities (Article 85/A).
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D7. Additional costs
Persons not entitled to disability pension are supported by other benefits. The amount of these benefits is determined by the years spent at work and the level of disability. There are a number of benefits available. From the employment point of view, one collects either a disability pension or one of the following five benefits: 1) temporary benefits; 2) regular social benefits; 3) health impairment benefits; 4) disability benefits; 5) accident benefits.
Links
- Information on Social Provisions 2017 (in Hungarian)
- Hungarian State Treasury (in Hungarian)
- Club for Disabled People (in Hungarian)
- Zsebre megy - Related to pocket (in Hungarian)
- Pecuniary benefits for disabled persons (in Hungarian)
- The individualisation of social security rights in Hungary (in English)
- The benefits for persons with changed capacity (in English)
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D8. Retirement income
Act 191 of 2011 on allowances of persons with limited capacity to work changed the former complex system of disability pensions from 1 January 2012. There are two types of retirement incomes after this date: rehabilitation allowance and disability allowance. Rehabilitation allowance shall be provided for those persons (for a period of maximum three years), whose working capacity may be rehabilitated or require continuous employment rehabilitation. Disability allowance shall be provided for those persons (for a period of maximum three years) whose rehabilitation is not recommended. The Act contains detailed rules on eligibility criteria.
The Decision of the Constitutional Court (V/507/2018) stated, that the European Human Rights Convention was violated by the former legal changes, as disability pension was decreased in many cases without the examination of a person's health condition. Therefore, persons affected by this must be compensated.
Links
- Act 191 of 2011 (in Hungarian)
- Disability Allowances in Theory and in Practice - 2nd part (in Hungarian)
- Guidance on Pension Insurance (in Hungarian)
- Decision of the Constitutional Court (V/507/2018) on compensation of former disability pensioners (in Hungarian)
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E. Education
E1. Special schools
The Act on National Public Education (Act 190 of 2011) provides two choices for children with disabilities: education in a) special schools or b) in mainstream pre-schools and schools. The annual amount allocated by the government for the costs of education is two or three times higher in the case of a child with a disability (in both a segregated or integrated setting) than for a non-disabled child, depending on the level of disability.
Links
- Act 190 of 2011 on National Public Education (in Hungarian)
- Reports of the Commissioner for Educational Rights on enforcement of educational rights of disabled persons (in Hungarian)
- Reports of the Commissioner for Educational Rights on enforcement of educational rights (in English)
- Information on changes in public education from 2012 (in Hungarian)
- Young People with Disabilities - Study on enforcement of educational rights of disabled young people (in Hungarian)
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E2. Mainstream schools
The Equal Opportunities Act (26 of 1998) regulates extensively the life of people with disabilities. Regarding education and training, the Act declares in Article 13 that:
(1) 'It is the right of a person with disability to take part in early development and care corresponding to his or her condition and depending on age, to kindergarten training, school training and education and development preparation for such education, in keeping with the provisions of the Act on Public Education';
(2) 'If it is advantageous for the development of the capabilities of the person with disability - in keeping with the opinion of the expert and rehabilitation committee set up for this purpose – the person with disability shall take part in kindergarten training and school education together with other children and pupils, in the same kindergarten group or school class.'
Links
- Equal Opportunities Act (26 of 1998)
- Reports of the Commissioner for Educational Rights on enforcement of educational rights of disabled persons (in Hungarian)
- Reports of the Commissioner for Educational Rights on enforcement of educational rights (in English)
- Young People with Disabilities - Study on enforcement of educational rights of disabled young people (in Hungarian)
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E3. Sign language and Braille in school
According to Act 125 of 2009 on Hungarian Sign Language, education in Hungarian Sign Language is obligatory for deaf children in special schools, while in the integrated schools they are eligible if one of the child's parents chooses it. From 2017 it is also obligatory to organise bilingual education in deaf children’s schools for those children who have chosen it (Articles 12-13).
Links
- Act 125 of 2009 on Hungarian Sign Language and the use of Hungarian Sign Language (Hungarian)
- HSL bill passed in Hungary 9 November 2009 (English)
- Act 125 of 2009 on Hungarian Sign Language and the use of Hungarian Sign Language (in English)
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E4. Vocational training
Vocational training providers are subject to non-discrimination in relation to disability (Act 125 of 2003 on Equal Treatment). Act 187 of 2011 on National Vocational Education (article 11) contains special provisions on trainings and exams of persons with disability. The National Qualifications Register (Országos Képzési Jegyzék - OKJ) is a basis of free training provided by the state, where people can choose from different professions. It is open to persons with disability, if the training provider (school or organisation) has an accessible environment.
Links
- National Vocational Training Act (187 of 2011) (in Hungarian)
- Changes in vocational training from 2015 (in Hungarian)
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E5. Higher education
The National Higher Education Act (Law 204 of 2011) defines a 'student with disability' (article 108) and declares that in the event that the higher education institution stipulates an assessment examination, disabled applicants should be granted exemption and special arrangements must be made in order to take the examination. This right should also be extended to persons who were not granted such opportunities as a result of their disability in secondary education but who can in fact provide proof of their disability. The state-funded period may be prolonged to four semesters for students with disabilities. Where appropriate, they should be exempted from the obligation to take certain course units, certain parts thereof or undergo assessment. If necessary, such students shall be exempted from a language examination or a part of it, or the related requirements of such language examinations. Disabled students should be given more time to prepare for examinations, and be afforded the opportunity to use aids during written tests (typewriter, computer, etc.), or if necessary, to have a written test instead of an oral test, or an oral test instead of a written one. The exemption shall exclusively be granted in the context of the condition justifying such exemption and may not result in exemption from basic academic requirements needed for professional Bachelor and Masters qualifications or vocational qualifications, which are evidenced by the certificate of higher-level vocational training. In 2002 only 271 disabled persons were studying in higher education. This number rose to 1,176 in 2008 and to 2,025 students in 2015. One of the most important reasons for this growth was the 50 extra points in the process of the entrance examination, which was given to disabled persons by the Act of Higher Education. The detailed rules on access to higher education institutions and preferential treatment of disabled applicants in this process are regulated by the Government Decree 87/2015.
Links
- Government Regulation on Higher Education 87/2015 (in Hungarian)
- National Higher Education Act (in Hungarian)
- Students with disability in higher education (in Hungarian)
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F. Employment
F1. Non-discrimination in employment
Non-discrimination in occupation and employment is assured by the Equal Treatment Act (125 of 2003). The general provisions (definitions, sanctions, procedural rules) shall be applied for discrimination in employment. However, the Equal Treatment Act contains special provisions for employment (article 21-23). It is considered a violation of the principle of equal treatment in particular if the employer inflicts direct or indirect discrimination upon an employee, especially when the following dispositions are defined or applied: a) for access to work, especially in public job advertisements, hiring, and regarding the conditions of employment; b) for a disposition made before the establishment of the employment relationship related to work or to the procedure facilitating the establishment of such a relationship; c) in establishing and terminating the employment relationship or other relationship related to work; d) in relation to any training before or during the work; e) in determining and providing working conditions; f) in establishing and providing allowances due on the basis of the employment relationship or other relationship related to work, particularly wages; g) in relation to membership or participation in employees’ organisations; h) in the promotion system; i) in the enforcement of a liability for damages or of a disciplinary liability. The principle of equal treatment shall not be considered violated if a) the discrimination is proportional, justified by the characteristics or nature of the work and is based on all relevant and legitimate terms and conditions considered during hiring, or b) the discrimination arises directly from a religious or other ideological conviction or national or ethnic origin fundamentally determining the nature of the organisation, and it is proportional and justified by the nature of the employment activity or the conditions of its pursuit. During the application of the provisions of Article 21 f), any direct discrimination in relation to the characteristics defined in Article 8 a)-e) shall always violate the obligations of equal treatment.
Links
- Act 125 of 2003 on Equal Treatment and Promotion of Equal Opportunities (in English)
- Equal Treatment Authority (English and Hungarian)
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F2. Public employment services
The essential responsibilities related to vocational rehabilitation are undertaken by the network of employment centres. Employment centres have been integrated in the regional governmental offices. Establishing rehabilitation commissioners, groups and rehabilitation information centres within the employment centres was considered an important achievement. These organisations now have accessible physical infrastructure and information and commutation technology. Vocational training services – within the framework of adult education state subsidies - can be claimed for training people with disabilities. For instance, in the framework of the National Employment Service the regional training centres provide training for people with disabilities according to the type of their disability. However, this is not a mainstream type: the training centre in Székesfehérvár is specialised in people with physical impairment; the one in Pécs in people with intellectual disabilities; the one in Miskolc in people with visual impairment; and the one in Debrecen in people with hearing impairment.
Links
- Act 4 of 1991 on promotion of employment and unemployment benefit
- National Employment Service (in Hungarian)
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F3. Workplace adaptations
Provision of special equipment or adaptive technology at work is financed from the rehabilitation portion of the labour market fund through the employment centres. Personal assistance for people with disabilities at work is part of the expenditure compensation subsidy. State subsidies for workplace adaptation, adaptive technologies and personal assistance are guaranteed. All of these are available on a competition basis every year until the funds are exhausted. The legal basis for flexible employment contracts is set up, however distance work, for example, as a systemic factor of high impact is virtually non-existent in Hungary.
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F4. Financial incentives
Financial incentives for employing people with disabilities include personal income tax allowances, for companies. In Hungary, a 5% quota/levy system is in place. If a company has more than 20 employees (25 from 1 January 2012) then 5% should be disabled people. If not, the company has to pay a levy called allowance for rehabilitation (rehabilitációs-hozzájárulás). From 2010 this amount is 964,500 HUF per employee (about EUR 3,000). If they have 21 employees and no disabled persons, they pay five times (964,500 HUF). If a company has more than 5% of disabled employees, it may be eligible to receive special certification for tax allowances.
Links
- Act 4 of 1991 on the promotion of employment and unemployment benefit (Hungarian)
- Act 191 of 2011 containing provisions on allowance for rehabilitation (Hungarian)
- Advantages of employing persons with disability (in Hungarian)
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G. Statistics and data collection
G1. Official research
The Central Statistical Office is responsible for collecting data, including all relevant aspects of disability.
Links
- Central Statistical Office (English and Hungarian)
- Disability Statistics 2007 (in Hungarian)
- Disabled persons in the labour market 2011 (in Hungarian)
- Disability Statistics 2011 - Census 2011 (in Hungarian)
- Persons with disability: their situation and social care - Census 2011 (in Hungarian)
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G2. Census data
Act 155 of 2016 on Official Statistics provides that the Hungarian Central Statistical Office (KSH) is responsible for conducting a decennial population census. The most recent population census was conducted in October 2011, during which data collection relating to health status also included a thorough survey of persons with disabilities. The last National Census was regulated by Act 139 of 2009. The National Census contains data on disability (article 2 of the Act). The next National Census will be held in 2021, which is regulated by Act 101 of 2018.
Links
- National Census Results 2011 (English and Hungarian)
- Central Statistical Office (in English and Hungarian)
- Discrimination against blind persons in the method of the National Census (in Hungarian)
- Act 139 of 2009 on the National Census of 2011 (in Hungarian)
- Act 155 of 2016 on Official Statistics (in Hungarian)
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G3. Labour Force Survey
The Hungarian Labour Force Survey is carried out by the Central Statistical Office according to the ILO and the EU (EUROSTAT) standards. Topics covered are: employment, unemployment, underemployment, inactivity, hours of work, duration of employment, duration of unemployment, discouraged workers, occasional workers, industry, occupation, employment status, educational level, second jobs. All of the population aged 15-74 years living in private households during the reference week are included. Excluded are the institutional and unsettled population, as well as household members temporarily absent and those residing abroad provided that they have common consumption with the surveyed household.
Links
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G4. Disability equality indicators
There are no disability equality indicators based on public data sources.
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H. Awareness and external action
H1. Awareness raising programs
The National Disability Program (2015-2025) declares the necessity of promoting and raising awareness on equality and the rights of disabled people. However, there have been only a few awareness-raising initiatives, including media campaigns financed by EU Funds. One example is Get Closer (Kerülj közelebb!), a programme of a media organisation called Médiaunió, which has a main topic every year and promotes this in journals, on TV and radio.
Links
- National Disability Program 2015-2025 (in Hungarian)
- Get Closer (Kerülj közelebb!) (in Hungarian)
- Play with us! (Játsz velünk!) (in Hungarian)
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H2. Training for teachers
The general teacher training does not include topics related to people with disabilities. To be able to teach these persons, teachers are required to finish a special pedagogical training, which is available only at the Bárczi Gusztáv Faculty of Special Education (Eötvös Loránd University) and the Apaczai Csere Janos Faculty (University of West Hungary).
Links
- Bárczi Gusztáv Faculty of Special Education (in English)
- University of West Hungary, Apaczai Csere Janos Faculty (in English)
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H3. Training for lawyers
Disability awareness and equality issues are not part of initial professional training programmes for lawyers. The 'specialised legal exam' does not contain any specific topic related to disability issues, beyond general legal provisions on equal treatment as part of Constitutional law), labour law and social security law.
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H4. Training for doctors
Disability awareness and equality issues are not part of initial medical training programmes for doctors. The Public Foundation of Equal Opportunities for Persons with Disabilities has launched an accredited training programme (in 2010) for health workers with the support of the Institute for Basic and Continuing Education of Health Workers. This training programme teaches communication development skills between non-disabled and disabled people, to guarantee equal opportunities for patients with special needs in the health service.
Links
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H5. Training for engineers
Several Engineering Faculties have courses on accessibility (e.g. Budapest University of Engineering).
Links
- Budapest University of Engineering course on accessibility (in Hungarian)
- REKORE Association (National Association of Specialists in Rehabilitation Environmental Engineering and Rehabilitation Environmental Planning Professionals) (in Hungarian)
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H6. International development aid
Disability mainstreaming is not specifically identified in Hungarian official programmes of international development aid.
Links
- Ministry of Foreign Affairs (in Hungarian) - articles on international development policy
- International Development CooperationStrategyandStrategic Concept for InternationalHumanitarian Aid of Hungary 2014-2020 (in English)
- Hungary's Official Development Assistance (in English)
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