Fundamental Rights and Duties

- Constitution of Hungary

Chapter XII - Fundamental Rights and Duties of Citizens

Article 54

(1) In the Republic of Hungary every human being has the innate right to life and the dignity of man, and no one may be arbitrarily deprived of these rights.

(2) No one may be subjected to torture, or to cruel, unusual, inhuman or humiliating treatment or punishment. It is absolutely impermissible to perform medical or scientific experiments on human beings without their consent.

Article 55

(1) In the Republic of Hungary everyone has the right to liberty and personal security, and no one may be deprived of freedom except for reasons defined in the law and on the basis of legal proceedings.

(2) Persons suspected of the perpetration of a criminal offence and detained, must be released or brought before a judge as soon as possible. The judge is bound to give a hearing to the person brought before him, and must produce a written decision adducing his reasons for setting the detainee free or keeping him in custody.

(3) Anyone who has been victimized through illegal arrest or detainment is entitled to compensation.

Article 56

In the Republic of Hungary every human being has legal standing.

Article 57

(1) In the Republic of Hungary everyone is equal before the law and has the right to defend himself against any accusation brought against him, or, in a civil suit, to have his rights and duties judged by an independent and impartial court of law at a fair public trial or hearing.

(2) In the Republic of Hungary no one may be regarded as guilty until his culpability has been established by a legally valid decision of the court.

(3) Persons subjected to criminal proceedings are entitled to the right of defense in every phase of the procedure. Defence lawyers must not be called to account for opinions expounded while they present the defence.

(4) No one may be pronounced guilty of, or sentenced for, any act that was not considered a criminal offence under Hungarian law at the time it was committed.

(5) In the Republic of Hungary everyone is entitled to legal redress or has the right of appeal against court or administrative decisions, or any other authority's decision, that infringe his rights or lawful interests.

Article 58

(1) Whoever is staying in the territory of Hungary is entitled - except for some cases defined in the law - to free movement and the right of choosing his or her place of residence, including the right of leaving his domicile or the country.

(2) Foreigners lawfully staying in Hungary may be expelled from the country only on the basis of a decision that is in accord with the law.

(3) The adoption of the law on the freedom of travel and settlement requires the affirmative votes of two thirds of the MPs present.

Article 59

(1) In the Republic of Hungary everyone is entitled to the protection of his or her reputation and to privacy, including the privacy of the home, of personal effects, particulars, papers, records and data, and to the privacy of personal affairs and secrets.

(2) For the acceptance of the law on the protection of the security of personal data and records (particulars), the votes of two thirds of the MPs present are necessary.

Article 60

(1) In the Republic of Hungary everyone has the right to the freedom of thought, conscience and religion.

(2) This right includes the free choice or acceptance of religion or any other conviction according to one's conscience, and the liberty to express, or refuse to express, to exercise or teach one's religion and conviction through the performance of religious acts and rites, either individually or together with others, either publicly or in a closed circle.

(3) In the Republic of Hungary the Church functions in separation from the State.

(4) The ratification of the law on the freedom of conscience and of religion requires the votes of two thirds of the MPs present.

Article 61

(1) In the Republic of Hungary everyone has the right to the free declaration of his views and opinions, and has the right of access to information of public interest, and also the freedom to disseminate such information.

(2) The Republic of Hungary recognizes and protects the freedom of the Press.

(3) The law on the publicity of data and information and the law on the freedom of the Press require the support of two thirds of the votes of the MPs present for ratification.

(4) For the adoption of the law on the supervision of public radio, television and news agency services, and on the appointment of their leaders; the law on the licencing of commercial radio and television stations, and the prevention of monopolies on information, the votes of two thirds of the MPs present are necessary.

Article 62

(1) The Republic of Hungary recognizes the right to peaceful assembly and guarantees its free practice. (2) The adoption of the law on the freedom of assembly requires the votes of two thirds of the MPs present.

Article 63

(1) In the Republic of Hungary everyone has the right, on the basis of the freedom of association, to set up organizations for purposes not prohibited by the law and to adhere to such organizations.

(2) For political purposes no armed organization may be established on the basis of the freedom of association.

(3) The adoption of the law on the right of association and on the operation and financial management of parties requires the votes of two thirds of the MPs present.

Article 64

In the Republic of Hungary everyone has the right to submit written petitions or complaints either alone or together with others.

Article 65

(1) On terms laid down in the law, the Republic of Hungary ensures the right of asylum for foreign citizens persecuted in their homeland and for those displaced persons who are at their place of stay harrassed on grounds of race, religion, nationality, language or political affiliation.

(2) A person already granted asylum must not be extradited to another state.

(3) The adoption of the law on the right of asylum requires the votes of two thirds of the MPs present.

Article 66

(1) The Republic of Hungary guarantees the equality of men and women in regard to all civil, political, economic, social and cultural rights.

(2) In the Republic of Hungary, mothers receive special support and protection before and after the birth of their children, in compliance with separate provisions of the law.

(3) Special rules ensure protection for women and young people in the performance of their jobs.

Article 67

(1) In the Republic of Hungary, every child has the right to enjoy the care and protection on the part of their families, and by the State and society, that is necessary for satisfactory physical, mental and moral development.

(2) Parents are entitled to the right of choosing the kind of education their children are to receive.

(3) Special provisions contain the responsibilities of the State in regard to the position and protection of families and of youth.

Article 68

(1) The national and ethnic minorities living in the Republic of Hungary share the power of the people; they are constituent factors in the State.

(2) The Republic of Hungary grants protection to national and ethnic monorities, it ensures the possibilities for their collective participation in public life, and enables them to foster their own culture, use the mother tongue, receive school instruction in the mother tongue, and freedom to use their names as spelled and pronounced in their own language.

(3) The laws of the Republic of Hungary ensure representation for the national and ethnic minorities living in the territory of the country.

(4) National and ethnic minorities may set up their own local and national government organizations.

(5) The votes of two thirds of the MPs present are required to pass the law on the rights of national and ethnic minorities.

Article 69

(1) In the Republic of Hungary no one may be arbitrarily deprived of his or her Hungarian citizenship, nor may any Hungarian citizen be expelled from the territory of the Republic of Hungary.

(2) A Hungarian citizen may always come home from abroad.

(3) During a legitimate stay abroad every Hungarian citizen is entitled to protection by the Republic of Hungary.

(4) The ratification of a law on citizenship requires the votes of two thirds of the MPs present.

Article 70

(1) All Hungarian citizens of age whose regular domicile is in Hungary have the right to be elected at the elections for Parliament and for local governments, and - if they are in the tetory of the country on election day - to vote.

(2) The right to vote is denied to those who have been under legal guardianship and are limited or incapacitated in their actions, to those who are doing term under a lawful sentence or who are under compulsory institutional care or treatment ordered in a criminal procedure.

(3) In elections of the local self-government even non-Hungarian ncitizens who have settled in Hungary for a longer period of time have the right to vote, according to a separate law.

(4) Every Hungarian citizen has the right to be active in public affairs and to bear public office in accordance with his talent, training and professional qualifications.

Article 70/A

(1) The Republic of Hungary guarantees for all persons in its territory human and civil rights without discrimination on account of race, colour, sex, language, religion, political or other views, national or social origins, ownership of assets, birth or on any other grounds.

(2) Any discrimination falling within para (1) agains persons is strictly punishable by law.

(3) The Republic of Hungary promotes the realization of equality before the law with measures aiming to eliminate inequalities of opportunity.

Article 70/B

(1) In the Republic of Hungary everyone has the right to work, to the free choice of employment and occupation.

(2) Everyone without any discrimination has the right to equal pay for equal work.

(3) Everyone who works has the right to emolument that corresponds to the amount and quality of the work performed.

(4) Everyone has the right to rest and free time for recreation, and regular paid holidays.

Article 70/C

(1) Everyone has the right to form an organization for the protection of economic and social rights together with others, or to adhere to such an organization.

(2) The right to strike may be exercised within the framework of the law that regulates it.

(3) The votes of two thirds of the MPs present are required to adopt the law on the right to strike.

Article 70/D

(1) People living within the territory of the Republic of Hungary have the right to the highest possible level of physical and mental health.

(2) The Republic of Hungary implements this right through arrangements for labour safety, with health institutions and medical care, through ensuring the possibility for regular physicial training, and through the protection of the built-in a natural environment.

Article 70/E

(1) Citizens of the Republic of Hungary have the right to social security. In case of old age, illness, disability, being widowed or orphaned, and in case of unemployment for no fault of their own, they are entitled to the provisions necessary for subsistence.

(2) The Republic of Hungary upholds the right of people to being provided for through the social security system and its institutions.

Article 70/F

(1) The Republic of Hungary ensures for its citizens the right to culture.

(2) The Republic of Hungary ensures this right through the expansion of culture and making arrangements for general access to it, through free and compulsory eight-grade education, through the general accessibility of secondary and third-level instruction, moreover through financial assistance for those in school.

Article 70/G

(1) The Republic of Hungary respects and supports the freedom of science and art, the freedom of learning and of teaching.

(2) Only qualified scholars and scientists have the right to arrive at decisions in regard to what should be credited as a contribution to science, a scientific result, and to assess the scientific value of research.

Article 70/H

(1) All citizens of the Republic of Hungary have the duty to defend the homeland.

(2) Subject to their general defence obligation, citizens are expected to undergo military service, armed or unarmed; or civil service on terms specified in the law.

(3) For the ratification of the law on military defence obligations, the votes of two thirds of the MPs present are required.

Article 70/I

Every citizen of the Republic of Hungary bears the obligation to contribute to rates and taxes in accordance to income and wealth.

Article 70/J

In the Republic of Hungary, parents and guardians have the obligation of seeing to the education of minor children.

Article 70/K

Claims deriving from infringement of fundamental rights and objections to state(administrative) decisions in regard to compliance with duties may be brought to the Courts.