In October 2024, the European Court of Human Rights delivered a groundbreaking judgment against Hungary. It found that Hungary had violated the right to life of a woman with disabilities who had lived for a long term locked in the notorious Topház institution – one of many across the country where over an estimated 22,000 persons with disabilities continue to be placed.
Following judgments of the Court, civil society organisations can file so-called “Rule 9 submissions” to update the Council of Europe Committee of Ministers on the status of implementing judgments. In particular, this process is aimed to remedy problems in Member States so as to prevent future similar violations. In collaboration with the Hungarian Civil Liberties Union, Validity provided a submission on 15 April this year in the case of Validity Foundation on behalf of T.J. v. Hungary.
In the submission, we pointed out the structural and complex problems that continue to result in large numbers of human rights violations against persons with disabilities in the country. For example, the number of persons with disabilities who continue to be deprived of their liberty in institutions has remained unchanged in many years, showing a serious failure to progress with deinstitutionalisation. Also, guardianship rules in Hungary violate the rights of persons with disabilities to equal recognition before the law. Furthermore, Hungary still denies civil society organisations the possibility to have contact with persons with disabilities in closed institutions, meaning that human rights violations continue with impunity.
In their decisions taken during the 2025 September meetings, the Deputies of the Council of Europe called on the Hungarian authorities to take concrete measures to improve the situation of persons with disabilities. These measures concern both the operation of institutions and the system of guardianship. Validity Foundation and the Hungarian Civil Liberties Union insist that any legal or policy reform in this field must comply with the UN Convention on the Rights of Persons with Disabilities to which Hungary is a party.
Such findings are not new. The UN Committee on the Rights of Persons with Disabilities came to similar conclusions in its 2020 Inquiry Report on Hungary. However, the government has failed to take actions to implement the recommendations of this UN Treaty Body.
Simona Florescu, Validity Litigation Director, said:
“We welcome the decisions of the Committee of Ministers and we trust that this body will engage further with the Hungarian authorities and civil society to ensure that persons with disabilities are not kept locked in institutions and that they enjoy their rights on an equal basis with others. Another important step in ensuring the realisation of these rights is allowing independent civil society unfettered access to monitor such institutions. We will continue to monitor implementation, and call for real reforms in accordance with international law.”