The United Nations Committee on the Rights of Persons with Disabilities (CRPD Committee) has recently published its findings concerning Hungary’s progress on implementing recommendations following its findings that the country responsible for grave and systematic violations of the rights of persons with disabilities. The Committee highlighted that Hungary has failed to undertake systematic reforms required to abolish abusive systems of guardianship and institutionalisation, including through misuse of international funding, and continues to pursue deeply problematic policies that maintain widespread segregation.
In 2020, the CRPD Committee released a report in which they have found the country responsible for serious and widespread violations of core obligations under the CRPD, including the general obligations to prevent discrimination and ensure equality throughout its legislation, policies and practices. It also found that Hungary continues to use European Union aid to maintain the current system, a position which also undermines the EU’s own obligations as party to the Convention.
The original legal findings came following a two-year investigation conducted by the CRPD Committee, which was triggered when Validity requested that the Committee establish an Inquiry under the Optional Protocol to the CRPD in 2017, a process which creates an international legal avenue to address serious violations of Convention rights. Validity and our partners provided extensive evidence documenting the violations that, among others, included the internationally scandalous case of Topház, highlighting the deeply ingrained discrimination against persons with disabilities that continues to influence public policy. In following up on its findings, the Committee assessed reports submitted by Validity and a group of national and regional organisations of persons with disabilities, and a further submission from self-advocates with intellectual disabilities.
The Committee called on the Hungarian government to end legal and factual discrimination against persons with disabilities, ensure access to justice, and strengthen the development of community-based services to enable inclusion. The Committee went further and recommended that Hungary eliminate the guardianship system that strips away the decision-making autonomy of persons with disabilities. In their submission, the self-advocates said:
“First we want to state that we need change now. We keep writing and saying the same things over and over again, yet nothing happens. Many of us live in institutions, are unable to make decisions and vote, cannot find support services suitable for our needs, cannot find work, and live in poverty. We want this to change in our lifetime. Want to live better now! We have no more time!“
Given the gravity of the Hungarian situation, the Committee decided to keep its follow-up procedure open, ensuring there will continue to be enhanced international oversight until the country takes concrete steps to comply with its obligations under international human rights law.
On 21 August 2023, the Committee held a follow-up dialogue with the State party’s delegation, concluding in its report that “no significant progress has been made” and “its [previous] recommendations have not been implemented.” It expressed its regrets that “the State party has failed to take measures to address discriminatory legislation, public policies and practices that continue to constitute grave and systematic violations of the human rights of persons with disabilities in Hungary.”
The Committee emphasised that the Hungarian Government must end institutionalisation, and, contrary to the submissions of the Government, made clear that all segregated settings, such as group homes, day-care centres and sheltered workshops, violate the rights to independent living, inclusion, equality and non-discrimination. The Committee further called on Hungary to cease allocating public funds, including European Union support, to disability-related programmes that do not comply with the Convention, nor the Committee’s authoritative interpretations of Convention rights (see: General Comment No. 1 on Article 12 – the right to legal capacity; General Comment No. 5 on Article 19 – the right to living independently and being included in the community; General Comment No. 6 on equality and non-discrimination; and the Guidelines on Deinstitutionalization, including in Emergencies).
Commenting following the adoption of the Committee’s most recent report, Steven Allen, Validity’s Executive Director said:
“Hungary continues to fail its citizens with disabilities, and remains in serious violation of international law. Instead of focusing its efforts on ensuring adults and children with disabilities have the support they need to live fulfilling and dignified lives, they continue to pump national and international funds into segregation. Children with disabilities are routinely denied access to quality and inclusive education, and parents face pressure to institutionalise children with disabilities because the state provides so little support. Instead of abolishing guardianship, the Government and courts maintain deeply-ingrained prejudices against persons with disabilities, choosing to strip them of their rights and rendering them vulnerable to abuse, exploitation, violence and detention in institutions. This must stop. We call on Hungary to engage in good faith with persons with disabilities and the international community to end these practices which negatively affect all areas of Hungarian society, and we urge the European Union to step in and prevent public funds from financing human rights violations.”
Validity will continue to provide legal assistance to individual victims of these violations and will continue to call for enforcement of Hungary’s international human rights obligations.