Human Rights Committee

List of issues prior to submission of the seventh periodic report of Hungary *

A.General information on the national human rights situation, including new measures and developments relating to the implementation of the Covenant

1.Please report on any significant developments in the legal and institutional framework within which human rights are promoted and protected that have taken place since the adoption of the Committee’s previous concluding observations, including examples of cases in which the provisions of the Covenant and the Committee’s jurisprudence have been referred to and applied by national courts and implemented by national legislation. Please provide information on measures taken to implement the recommendations contained in the Committee’s previous concluding observations and provide the information requested by the Committee in its report on follow-up to its concluding observations. Please describe the procedures, including parliamentary procedures, that are in place for the implementation of the Committee’s Views under the Optional Protocol to the Covenant, as well as for compliance with the requests of the Committee for interim measures.

B.Specific information on the implementation of articles 1 to 27 of the Covenant, including with regard to the previous recommendations of the Committee

Constitutional and legal framework within which the Covenant is implemented (art. 2)

2.With reference to the Committee’s previous concluding observations (paras. 5–8), please provide information on the measures taken to ensure that any change to the Fundamental Law provides, in law and in practice, adequate legal safeguards to ensure the full protection of the rights enshrined in the Covenant, including the Ninth (22 December 2020), Tenth (24 May 2022), Twelfth (12 December 2023), Fourteenth (20 December 2024) and Fifteenth Amendments (15 April 2025). Please describe the measures taken to ensure that the process of adoption and reform of legislation, including the amendments to the Fundamental Law, provides sufficient time and opportunity for meaningful review and substantive debate of legislative proposals and amendments, in a transparent, inclusive and participatory process effectively engaging opposition politicians, the Commissioner for Fundamental Rights, civil society, other stakeholders and the general public.

National human rights institution (art. 2)

3.Please provide information on the measures taken to ensure that the Office of the Commissioner for Fundamental Rights is able to carry out its mandate independently and in full conformity with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles), in particular regarding the promotion and protection of the rights of vulnerable groups and of principles such as media pluralism, civic space and judicial independence, as well as with regard to addressing requests or complaints from civil society organizations. Please describe the measures taken to establish a transparent, participatory and merit-based selection and appointment process for the position of Commissioner. With reference to the Committee’s previous concluding observations (paras. 13 and 14), please provide a breakdown of the financial, human and material resources allocated to the Office during the reporting period.

Anti-corruption measures (arts. 2 and 25)

4.Please provide information on the legal, policy and institutional framework in place and the specific measures taken to effectively prevent and combat corruption, including measures taken to strengthen the accountability and transparency of the Government, particularly in the areas of public procurement and broadening the conflict of interest regime. Please indicate the steps taken to investigate cases of corruption, particularly high-level corruption, and to prosecute those involved, providing statistical data on the number of investigations opened, the prosecutions initiated and the number and nature of the convictions handed down. Please describe the measures taken to strengthen the protection of whistle‑blowers, including against reprisals.

State of emergency

5.Please provide information on the measures taken to ensure that the Tenth Amendment to the Fundamental Law of May 2022 and the Fourth Authorization Act of June 2022, as well as the declaration of a “state of danger” in 2022, which was extended until 13 May 2026, are in accordance with article 4 of the Covenant, strictly respect the human rights enshrined in the Covenant and are consistent with the Committee’s general comment No. 29 (2001) on derogations from provisions of the Covenant during a state of emergency. Please indicate whether the State Party has derogated from its obligations under any provisions of the Covenant and provide details of the measures taken to limit the use of the state of emergency. In addition, please provide information on the measures taken to ensure that the legislation adopted under emergency decrees respects the principles of legality, proportionality, necessity, separation of powers, parliamentary oversight and non‑discrimination.

Non-discrimination

6.Please provide information on the measures taken to ensure that the State Party’s legal and institutional framework provides full and effective protection against direct, indirect and multiple discrimination in all spheres, whether it occurs in public or private settings, and on all grounds protected by the Covenant, as well as effective judicial and administrative remedies for victims. In this regard, please respond to concerns that the abolition of the Equal Treatment Authority has considerably reduced the protection against discrimination, including a drastic reduction in the number of discrimination cases addressed. Please provide information on the measures taken to ensure the institutional independence of the Directorate‑General for Equal Treatment and the provision of all the financial, material and human resources necessary for it to carry out its mandate effectively.

7.With reference to the Committee’s previous concluding observations (paras. 17 and 18), please describe the steps taken to eliminate stereotyping and discrimination against migrants, refugees, Jews, Muslims, Roma, persons with disabilities and lesbian, gay, bisexual, transgender and intersex persons, among others, including by providing information regarding public awareness campaigns conducted to promote tolerance and respect for diversity and to inform victims of available protection and assistance mechanisms. Please provide statistical data on the number and nature of complaints filed, investigations carried out, prosecutions initiated, convictions handed down and penalties imposed in cases involving discrimination, hate speech and hate crime, as well as information on any redress provided to victims.

8.With reference to the Committee’s previous concluding observations (paras. 15, 16, 21 and 22), please describe the measures taken to ensure non-discriminatory access to public services for members of the Roma community, including to effectively combat and prevent any segregation in education, healthcare, justice and the labour market. Please also describe the measures taken to ensure the right of persons with disabilities to participate in public affairs without any discrimination, including by reviewing its legislation, in particular article XXIII (6) of the Fundamental Law and section 13/A of Act XXXVI of 2013 on Electoral Procedure.

9.Please provide information on efforts to prevent and combat violence and to ensure adequate protection against stigmatization, hate crime and discrimination based on sexual orientation, gender identity, gender expression and sexual characteristics. Please include statistical information on the number of complaints, investigations, prosecutions and convictions in this regard and efforts to combat homophobic and transphobic speech by public officials and politicians. In particular, please indicate the measures taken to address the discriminatory treatment of same-sex couples regarding family life, including adoption, the definition of family and the recognition of same-sex marriages concluded abroad. Please provide information on the measures taken to adopt a legal framework and a quick, transparent and accessible procedure for legal gender recognition for trans and intersex persons, compatible with the provisions of the Covenant.

Gender equality (arts. 3, 25 and 26)

10.Further to the Committee’s previous concluding observations (paras. 23 and 24), please describe the measures taken to increase the presence of women in the labour market, both in the public and the private sectors, including in high-level decision-making positions. Please describe the measures taken to promote gender equality, including equal pay for work of equal value, and to combat gender stereotypes and biases concerning the roles of women in the family and society, in law and in practice. Please indicate the measures taken to eliminate any kind of discrimination in the labour market against pregnant women and mothers with young children.

Violence against women, including domestic violence (arts. 3, 6, 7 and 26)

11.With reference to the previous concluding observations (paras. 25 and 26), please provide information on the measures taken to strengthen the legal framework, including the Criminal Code, in particular section 212/A, and to adopt a national strategy to prevent and combat violence against women and domestic violence, both offline and online. Please provide information on: (a) the measures taken to facilitate the reporting of cases of domestic violence and the remedies, protection and assistance available to victims, including shelters and specialized centres in all parts of the country; (b) the training provided to State officials on how to detect and deal properly with cases of violence against women, including domestic violence; and (c) awareness-raising campaigns addressed to the general public on violence against women and domestic violence, including online gender-based violence and the criminal nature of such acts. Please provide statistical data for the reporting period on the number of complaints received of violence against women, including domestic violence, investigations carried out, prosecutions brought, convictions handed down, penalties imposed on perpetrators and measures of redress provided to victims.

Prohibition of torture and other cruel, inhuman or degrading treatment or punishment (art. 7)

12.With reference to the Committee’s previous concluding observations (paras. 35 and 36), please provide information on the measures taken to strengthen the Independent Police Complaints Board, to expand its investigatory powers and to ensure its independence in carrying out investigations of alleged misconduct by police officers, as well as on the measures taken to establish an effective victim support mechanism for persons alleging torture or ill-treatment. Please describe the measures taken to establish an independent medical examination body mandated to examine alleged victims of torture and guarantee respect for human dignity during such examinations, including by ensuring that police officers and prison staff are not present during medical examinations of detainees, except when strictly necessary and justified, and to ensure that injuries are systematically documented, including through photographic or other forensic evidence. Please provide information on the number of allegations of torture, ill-treatment and excessive use of force by law enforcement officers, complaints investigated, prosecutions carried out and the nature of the sentences imposed, including any disciplinary measures for failure to investigate such complaints, and the remedies provided to victims.

Liberty and security of person, treatment of persons deprived of their liberty and right to a fair trial (arts. 7, 9, 10 and 14)

13.With reference to the Committee’s previous concluding observations (paras. 37 and 38), please provide information on the specific measures taken to ensure the right to a trial within a reasonable time, reduce the length of pretrial detention, increase the use of non‑custodial alternatives and ensure that pretrial detention is applied strictly as a measure of last resort, particularly in the case of juveniles. Please describe the measures taken to revise the legislation concerning the establishment of the maximum duration of pretrial detention for criminal offences punishable by life imprisonment. Please indicate the measures taken to ensure that the procedure established in law for clemency in the case of prisoners serving a life sentence without parole allows for a meaningful opportunity for release based on a timely, proper and non-arbitrary review.

14.With reference to the Committee’s previous concluding observations (paras. 41 and 42), please specify the measures taken to improve further the conditions of detention and treatment of prisoners in accordance with the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), including measures to address prison overcrowding, with statistical information, and to improve material conditions, such as sanitation, temperature control, ventilation and access to natural light and outdoor space. Please describe the measures taken to increase the use of non-custodial measures as an alternative to detention, in accordance with the Covenant and the United Nations Standard Minimum Rules for Non-custodial Measures (the Tokyo Rules) and provide statistical information on their application during the reporting period. Please provide information on the specific measures taken to ensure adequate conditions of detention for detainees with disabilities, including barrier-free facilities and specialized medical and psychosocial assistance, and for lesbian, gay, bisexual and transgender detainees, including with regard to placement decisions and body searches.

Trafficking in persons (arts. 7, 8 and 26)

15.With reference to the Committee’s previous concluding observations (paras. 27 and 28), please provide information on the measures taken to prevent and combat trafficking in persons, including to ensure the early identification and systematic referral of victims and potential victims of trafficking, in particular vulnerable groups such as asylum-seekers and migrants, and on the measures taken to provide victims with effective remedies and assistance. Please provide statistical data on the number of victims of trafficking identified during the reporting period, disaggregated by gender, age, country of origin or destination and the type of trafficking involved, and information on the strategies and programmes that have been developed and adapted in response to the specific trafficking patterns identified in these data in order to combat trafficking more effectively. Please provide information on the number and types of complaints filed, investigations conducted, prosecutions initiated, convictions handed down and the nature of the sentences imposed in cases of trafficking in persons and any reparation granted to victims.

Treatment of aliens, including migrants, refugees and asylum-seekers (arts. 6, 7, 9, 12, 13 and 24)

16.Please provide information on the measures taken to uphold the principle of non‑refoulement and ensure effective access to fair refugee status determination procedures, with individualized assessment of protection needs, respect for due process and access to effective remedy, including access to interpreters. In particular, please provide information on the so-called embassy procedure and the impossibility of submitting asylum applications at borders, airports and from inside the country. In this regard, please provide information on the number of applications received through the embassy procedure and the number of individuals that have been allowed entry into the State Party’s territory each year since the introduction of those provisions.

17.With reference to the Committee’s previous concluding observations (paras. 47 and 48) and the report on follow-up to the Committee’s concluding observations, please describe the measures taken to bring an end to pushbacks and the collective expulsion of aliens, including the measures taken to repeal or amend relevant legislation, particularly the so‑called pushback law of June 2016 and Decree No. 191/2015. Please provide information on measures taken to ensure access to effective remedies in cases of excessive use of force and ill-treatment in the context of pushbacks and provide statistical data in this regard on the number of complaints received, investigations carried out, prosecutions brought, convictions handed down, penalties imposed on perpetrators and measures of redress provided to victims.

18.Please provide information on the measures taken to ensure that beneficiaries of temporary protection, especially children who are accompanied or unaccompanied, have access to individualized assessments of their protection needs and access to refugee or subsidiary protection status. With reference to the Committee’s previous concluding observations (paras. 45 and 46) and the report on follow-up to the Committee’s concluding observations, please provide information on the specific measures adopted, in law and in practice, to limit the use of immigration detention of migrants and asylum-seekers. Please include information on measures to ensure that detention is used only as a measure of last resort and for the shortest possible period, that it is subject to periodic judicial review, and that those in detention have access to a meaningful right to appeal against detention. Please provide statistical information about immigration detention during the period under review. Please describe the measures taken to increase the use of human-rights compliant alternatives to detention, as well as to ensure that children are not detained for immigration purposes, that living conditions and treatment in detention are in compliance with international standards, and that immigration detention does not take place in prisons.

Independence and impartiality of the judiciary and access to justice (art. 14)

19.With reference to the Committee’s previous concluding observations (paras. 11 and 12), please provide information on the measures taken in law and in practice to ensure the full independence and impartiality of the judiciary and to guarantee that judges are free to operate without any undue pressure or interference from the executive branch or other outside influences. Please provide information on the efforts made to ensure that the selection and appointment of judges, their conditions of service, the disciplinary measures to which they may be subjected and the provisions governing the suspension and removal of judges from office and their career advancement, including the decisions adopted on these matters by the president of the National Office for the Judiciary, comply with the Basic Principles on the Independence of the Judiciary.

20.Please indicate the measures taken to increase the financial, technical and human resources allocated to the administration of justice, including the salaries of judges of lower courts, and to ensure that salary increases are independent of the discretion of the executive and legislative branches. Please describe the measures taken to strengthen the independence of the Kúria and to improve the case allocation system in the Kúria and lower-tier courts, in particular the specific measures adopted to increase the transparency of the allocation and reallocation of cases and to establish clear and precise criteria to determine the composition of judicial benches hearing cases. Please indicate the measures taken to strengthen the role of the National Judicial Council, including by ensuring its effective and meaningful participation in any decisions affecting the functions of judges and their professional careers and ensuring that the election of the members of the National Judicial Council is done without undue pressure and in a transparent manner.

21.With reference to the Committee’s previous concluding observations (paras. 31 and 32), please describe the measures taken to ensure that persons deprived of their liberty are afforded all fundamental legal safeguards from the outset of their detention, such as access to a lawyer and a doctor, and that State-appointed defence lawyers provide adequate and effective legal representation. In this regard, please provide statistical information on the number of ex officio defence counsels appointed by regional bar associations since 2018 and the number of “substitute” counsels appointed by the police. Please provide information on the measures taken to significantly raise the threshold to be granted free legal aid and include statistics on the number and types of cases in which free legal aid has been sought, granted and denied.

Right to privacy (art. 17)

22.With reference to the Committee’s previous concluding observations (paras. 43 and 44), please provide information on measures taken to ensure that the State Party’s legislation and policies regulating secret surveillance and any other interference with privacy are in line with its obligations under the Covenant, in particular article 17. Please indicate the legal safeguards and independent oversight mechanisms in place regarding the State Party’s secret surveillance operations, interception of communications, metadata collection, processing and sharing, and the use of facial recognition devices. Please provide statistical data on the number of complaints received about violations of the right to privacy, the investigations and prosecutions carried out, the sentences imposed and the remedies offered to victims, including in cases relating to the use of Pegasus spyware.

Freedom of expression (art. 19)

23.With reference to the Committee’s previous concluding observations (paras. 57 and 58), please describe the measures taken in law and in practice to ensure the independence of the media and media-regulating bodies and to ensure a safe and enabling environment for journalists and human rights defenders. Please provide information on the measures taken to ensure that the Sovereignty Protection Office does not undermine public debate and target civil society organizations and journalists that express views critical of the Government, and on the measures taken to repeal Act LXXXVIII of 2023 on the Protection of National Sovereignty. Please indicate the measures taken to guarantee the full and effective exercise of freedom of expression, in law and in practice, including expression relating to sexual orientation and gender identity and, in that regard, the measures taken to repeal or amend the provisions of Act LXXIX of 2021 and Government Decree 473/2021 to ensure that their provisions are in compliance with article 19 of the Covenant.

24.With reference to the Committee’s previous concluding observations (paras. 51 and 52), please describe the steps taken to ensure that the State Party’s legislation, in particular, the amendments introduced by Act XXV of 2017 to Act CCIV of 2011 on National Higher Education regarding requirements for foreign universities, as well as Act XIII of 2019, Act IX of 2021 and relevant legal decrees establishing the governance structures of universities through university-governance foundations comply with the provisions of the Covenant and guarantee scholars’ and students’ freedom of expression, without fear of reprisals. Please describe the measures adopted to ensure that members of the judiciary effectively enjoy the right to freedom of expression, particularly in matters relating to the administration of justice, including with respect to the chilling effects arising from the legal framework and from the public statements and actions of the President of the Kúria. Furthermore, please indicate the measures taken to safeguard employees’ freedom of expression under the Labour Code and to ensure that any restrictions thereunder are in strict compliance with article 19 (3) of the Covenant.

Freedom of peaceful assembly (arts. 21 and 26)

25.Please describe the measures taken to ensure that any restrictions on the full and effective exercise of freedom of peaceful assembly, in particular those introduced under Act III of 2025 (amending Act LV of 2018 on the right of assembly with regard to the protection of children, and amending related Acts) that affect assemblies relating to the rights of lesbian, gay, bisexual and transgender persons, as well as the legal provisions that criminalize the organization of such assemblies and define attendance of such assemblies as a petty offence, are in conformity with the provisions of the Covenant. In this regard, please indicate the measures taken to ensure that assemblies expressing ideas not favourably viewed by the Government or the majority of the population are facilitated and protected in practice. Please respond to concerns about the use of facial recognition surveillance technology in the context of assemblies, including in relation to the petty offences related to assemblies, and its compatibility with the provisions of the Covenant.

Freedom of association (art. 22)

26.Please describe the measures taken to ensure the full enjoyment of the freedom of association and to create and enabling environment for associations, including those whose activities, programme and discourse do not necessarily align with those of the Government. Please indicate, in this regard, the steps taken to avoid burdensome and excessive administrative requirements for registration and to guarantee that the provisions of the Bill on the Transparency of Public Life, if adopted, comply with the provisions of the Covenant and do not unduly interfere with or restrict the free functioning of civil society organizations, including trade unions, associations and the media, particularly those critical of the authorities, irrespective of the national or foreign origin of their funding. In this regard, and with reference to the Committee’s previous concluding observations (paras. 43 and 44), please provide information on the measures taken to ensure that all legislation relating to non-governmental organizations, including Act XLIX of 2021 and the “Stop Soros” package, is also in compliance with the provisions of the Covenant.

Participation in public affairs (art. 25)

27.Taking into account the Committee’s general comment No. 25 (1996) on participation in public affairs and the right to vote, please report on measures taken to guarantee the holding of free, fair and transparent elections, in particular the measures taken: (a) to promote genuine political pluralism and equal access to media of opposition groups; (b) to ensure the effective and independent functioning of electoral bodies, including the National Election Commission; and (c) to facilitate access to effective legal remedies. Please respond to concerns about the redrawing of single-member constituencies without public or cross-party consultation, the removal of all limits on campaign expenditure and the unequal access to resources. Please provide further information on the impact, with relevant statistical data, of the measures taken to promote the participation and increase the representation of national minorities, in particular Roma, as well as of women, lesbian, gay, bisexual, transgender and intersex persons and persons with disabilities in the conduct of public affairs. In this regard, please describe the measures taken to ensure that the national minority voting system complies with the provisions of the Covenant.