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Hungary

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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Update date: Thu, 2018-11-29

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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Update date: Thu, 2018-11-29

A3. Declarations, Reservations and Objections

Hungary registered no declarations, reservations and objections to the UNCRPD.

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Update date: Thu, 2018-11-29

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.

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Update date: Thu, 2018-11-29

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 new conception 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.

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Update date: Thu, 2018-11-29

A6. Coordination mechanism

The National Council on Disability Affairs (NCD) was designated by the government as the independent mechanism in relation to the UNCRPD. Beyond NCD, Hungary has not established any other formal coordination mechanism for the UN CRPD. The mandate of the NCD members is regulated by Government decision 1330/2013.

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Update date: Thu, 2018-11-29

A7. Independent mechanism

According to Government Decree 1065/2008, the National Council on Disability Affairs (NCD) was designated by the government as the independent mechanism in relation to the UNCRPD. The Council is an advisory agency to the government and reviews policies pertaining to persons with disabilities. Disabled people’s organisations are represented.

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Update date: Thu, 2018-11-29

A8. Official reporting

Hungary’s initial state report was due in June 2010 and 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 has been submitted in 2017. The State party report has been accompanied by additional information ("Info from Civil Society Organizations (for LOIPR)") provided by several civil organisations.

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Update date: Thu, 2018-11-29

A9. Shadow reporting

The Hungarian Civil Caucus was established in 2010 by civil disability organisations to monitor the implementation of the 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, which is available on various NGO websites but not submitted to the UN database.

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Update date: Thu, 2018-11-29

B. General legal framework

B1. Anti-discrimination legislation

The anti-discrimination framework in general protects persons with disability. The Fundamental Law (new 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 new 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.

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Update date: Thu, 2018-11-29

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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Update date: Thu, 2018-11-29

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 Basic Law:

  1. The court must settle the issue of exclusion from the right to vote in the sentence on guardianship restricting or excluding legal capacity.
  2. 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.
  3. 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.
  4. 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.

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Update date: Thu, 2018-11-29

B4. Official recognition of sign language

Act 125 of 2009 on Hungarian sign language is the law which 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. In the future, deaf and deafblind persons will be 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 regulates the expert and rehabilitation committee.

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Update date: Thu, 2018-11-29

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.

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Update date: Thu, 2018-11-29

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 Advisory Body of the Equal Treatment Authority 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.

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Update date: Thu, 2018-11-29

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.

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Update date: Thu, 2018-11-29

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 a Methodology Guidance for Ensuring Accessibility, which deals with the 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.

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Update date: Thu, 2018-11-29

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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Update date: Fri, 2018-11-30

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 will 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 gradually have to be transformed into community-based services.

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Update date: Fri, 2018-11-30

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.

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Update date: Thu, 2018-11-29

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.

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Update date: Thu, 2018-11-29

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 educational institutions the so-called 'student helping services' are available.

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Update date: Thu, 2018-11-29

D6. Income maintenance

It is Act 3 of 1993 on social administration and social services that 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: regular social benefit (Article 37/A); care allowance (Articles 40-44); 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); home for persons with disabilities (Article 69); rehabilitation institution for persons with disabilities (Article 74); nursing home for persons with disabilities (temporary institution) (Article 83); residential home for persons with disabilities (Article 85/A).

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Update date: Thu, 2018-11-29

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.

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Update date: Thu, 2018-11-29

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 kinds of retirement incomes after this date: rehabilitation allowance and disability allowance. Rehabilitation allowance shall be provided for those persons (for a period of maximum 3 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.

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Update date: Thu, 2018-11-29

E. Education

E1. Special schools

The Act on National Public Education (Act 190 of 2011) provides two choices for children with disabilities: education in special schools or in regular 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.

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Update date: Thu, 2018-11-29

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: (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.'

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Update date: Thu, 2018-11-29

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 organize bilingual education in deaf children’s schools for those children who have chosen it (Articles 12-13).

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Update date: Thu, 2018-11-29

E4. Vocational training

Vocational training providers are subject to non-discrimination laws 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. Országos Képzési Jegyzék (OKJ - National Qualifications Register) is a basis of free training provided by the state, where people can choose from different professions. It is open to disabled people, if the training provider (school or organisation) has an accessible environment.

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Update date: Thu, 2018-11-29

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 in the case of 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. 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.

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Update date: Thu, 2018-11-29

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.

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Update date: Fri, 2018-11-30

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.

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Update date: Fri, 2018-11-30

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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Update date: Fri, 2018-11-30

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 'rehabilitációs-hozzájárulás' (allowance for rehabilitation). 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.

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Update date: Fri, 2018-11-30

G. Statistics and data collection

G1. Official research

The Central Statistical Office is responsible for collecting data, including all relevant aspects of disability affairs.

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Update date: Fri, 2018-11-30

G2. Census data

Act 46 of 1993 on 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).

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Update date: Fri, 2018-11-30

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.

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Update date: Fri, 2018-11-30

G4. Disability equality indicators

There are no disability equality indicators based on public data sources.

Update date: Fri, 2018-11-30

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.

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Update date: Fri, 2018-11-30

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).

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Update date: Fri, 2018-11-30

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 (since the Constitutional law is part of the exam), labour law and social security law.

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Update date: Fri, 2018-11-30

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.

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Update date: Fri, 2018-11-30

H5. Training for engineers

Several Engineering Faculties have courses on accessibility (e.g. Budapest University of Engineering).

Links

Update date: Fri, 2018-11-30

H6. International development aid

Disability mainstreaming is not specifically identified in official programmes of Hungary international development aid.

Links

Update date: Fri, 2018-11-30

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