Joint submission on Hungary

Additional information about Hungary’s compliance with the

UN Convention on the Elimination of Discrimination against Women

in response to the questions of the List of Issues and

concerning theReplies from the Government of Hungary to the List of issues

54th session, January 2013

This submission is jointly submitted by the National Council of Disabled Persons’ Organisations in Hungary (FESZT), the Hungarian Civil Liberties Union (HCLU), the Mental Disability Advocacy Centre (MDAC) and other Hungarian based disabled persons’ and civil society organisations, as well as the European Disability Forum (EDF) and the International Disability Alliance (IDA).[1] The submission provides supplementary information from the Hungarian and international disability movement to the State report and replies to the list of issues submitted by the Hungarian government to the CEDAW Committee.[2] This submission will cover Articles 2, 5, 7, 10, 11, 12, 13, 15 and 16 of the Convention on the Elimination of Discrimination against Women (CEDAW).

Hungary ratified the Convention on the Rights of Persons with Disabilities (CRPD) and its Optional Protocol on 20 July 2007.It is clear that the human rights standards of the CEDAW and the CRPD intersect and reinforce each other when it comes to the rights of women and girls with disabilities, and references to CRPD provisions are also included in the text.

Suggested recommendations for consideration by the Committee for the Concluding Observations are grouped at the beginning of this document (p 2-3). Annex I contains references to women and girls with disabilities in treaty body Concluding Observations on Hungary (p 12-16); and information about the organisations authors of this submission can be found at Annex II (p 17).

Suggested recommendations for the Concluding Observations:

Articles 2, 3, 4, 5

  • Collect adequate data on women and girls with disabilities and use disaggregated data and results of studies to develop policies and programmes to effectively promote equal opportunities for them in society.
  • Take steps to introduce explicit references in laws to ensure that the prohibition of all forms of discrimination against women in all areas which encompasses the legal protection of marginalised groups of women from multiple forms of discrimination, including women and girls with disabilities. Ensure the application of active gender and disability mainstreaming by all responsible bodies in all legal and political measures including national action plans.
  • Ensure that legislation prescribes that denial of reasonable accommodation constitutes a prohibited act of discrimination. Raise awareness about the concept and requirements of reasonable accommodation.
  • Raise awareness and provide more information about women and girls with disabilities, who are often subjected to multiple forms of discrimination, especially with regard to access to education, employment, access to health care and protection from violence, including training for professionals working with women and girls with disabilities.
  • In both mainstream legislation and disability-specific legislation, address the heightened risk for girls and women with disabilities of becoming victims of violence, abuse and exploitation in the home, institutions, and the community. Adopt urgent measures to ensure the prosecution of perpetrators, and the accessibility of services and information for victims with disabilities, including training of police and other interlocutors.
  • Actively include women with disabilities and disabled peoples’ organisations in the development of all legislation and policies concerning education, employment, social protection, health, protection against violence, political participation in accordance with Article 4(3) of the CRPD.

Article 7

  • Repeal provisions in the law which exclude women with disabilities from the right to vote and to be elected on an equal basis with others, contrary to Articles 12 and 29 of the Convention on the Rights of Persons with Disabilities (CRPD); Article 29 comprises the latest international standards with respect to participation in political and public life.[3]

Article 10

  • Ensure that children with disabilities, including those who are living in institutions, receive an inclusive and quality education. Ensure obligatory training of all teachers (beyond special education teachers), to require individual education plans for all students, ensure the availability of assistive devices and support in classrooms, educational materials and curricula, ensure the accessibility of physical school environments, encourage the teaching of sign language and disability culture, allocate budget for all of the above. Include inclusive education as an integral part of core teacher training curricula in universities to ensure that the values and principles of inclusive education are infused at the outset of teacher training and teaching careers.

Article 11

  • Take immediate steps to address the gender gap in the employment and salary of women with disabilities through temporary special measures, e.g. supporting accessibility at workplaces.
  • Ensure the provision of reasonable accommodation in employment and vocational training for women with disabilities, including accommodations for different types of disabilities.
  • Ensure the provision of support services, including psychosocial support services, to assist families, including both mothers with disabilities, and mothers or women in the family who are the lead caregivers in their care for children with disabilities. In particular, ensure that services and assistance are rendered to permit women in families with children with disabilities, as well as mothers with disabilities, to continue their careers with an appropriate work/life balance.

Articles 12 & 16

  • Take immediate steps to abolish the legal provision in Act CLIV of 1997 on Health which permits for the forced sterilisation of women with disabilities who are restricted or deprived of their legal capacity.
  • Adopt measures to ensure that all health care and services, provided to women with disabilities, including all mental health care and services, is based on the free and informed consent of the person concerned, and that involuntary treatment and confinement are not permitted by law in accordance with the latest international standards.
  • Adopt measures to ensure that all education, information, healthcare and services relating to sexual and reproductive health, both including physical treatment and psychological counselling, HIV and STIs, are made accessible women and girls with disabilities in age-appropriate formats.
  • Adopt measures to ensure the protection of reproduction rights of women with disabilities, and to prevent decisions of forced sterilisations as well as make such cases investigable. These measures should be taken in compliance with article 19 of CRPD, in order to prevent the institutionalisation of women with disabilities, since the risk of violence and abuse are extremely high in institutions.

Articles 12, 13 & 16

  • Continue to reinforce efforts to close institutions of children and adults with disabilities. Take urgent steps to develop and deliver sustainable and well-resourced programmes of community based support services, including personal assistant services.
  • Take steps to provide sufficient support to families to ensure that all children, including children with disabilities, can live and be raised in family environments in the community, and to eliminate the institutionalisation of children by building up community based services and support (including through increased social assistance and welfare benefits) to children with disabilities and to their families, and to parents with disabilities.

Article 15

  • Reform the law in accordance with Article 15, CEDAW and Article 12 of the CRPD to guarantee the equal recognition before the law of women with disabilities, including the adoption of measures to ensure that having a disability does not directly or indirectly disqualify a person from exercising her legal capacity autonomously, and to ensure that persons with disabilities have access to support that they may need to exercise legal capacity on an equal basis with others, respecting the will and preferences of the person concerned.
  • Ensure access to justice for persons with disabilities and guarantee a right to a defence, by ensuring that women with disabilities have the right to exercise their legal capacity by participating in legal proceedings on their own behalf, and have access to accommodations and support that they may need to exercise this right on an equal basis with others.

Introduction

There are approximately 577,000 persons with disabilities in Hungary, constituting 5.7% of the total population. The number of women with disabilities is 294,138 according to the 2001 census. Their proportion among the total population is 2.9%.[4]

Statistical data and research results on the situation of women with disabilities in Hungary are virtually non-existent. The situation of persons with disability increasingly appears in basic and applied research works as a topic, but surveys specifically about women with disabilities are very rarely carried out, let it be about demographics, health care analysis, assessing their needs or their employment situation.

Hungarian society considers persons with disabilities as asexual creatures, which naturally implies that there is no space for gender-related topics such as the problems of multiple discrimination of women with disability, the advocacy and awareness-raising regarding the femininity and motherhood of women with disabilities, or depicting women with disabilities as women in the media and in public life. Such issues and topics, working out or implementing the model experiments of specific services are undertaken solely by non-governmental organisations of women with disabilities, their financing is uncertain and is typically addressed by applying for project-based supports.

Women with disabilities are in a multiple disadvantageous situation as pregnant women or mothers raising their children. It is not only so because certain fundamental support services like, for example, counselling to facilitate the bringing up of their children, education or practical support to help with infant’s care, the enhanced attention and support of the paediatrician or the district nurse, are not ensured to them, but also because, in the general opinion of health-care professionals, disabled parents are not suitable for giving birth to and taking care of and educating children. As a result, health-care staff either openly or covertly try to dissuade women with disabilities from starting a family in numerous cases without even having any concrete ideas about their self-supporting abilities or respecting their rights of self-determination, which is a severe violation of their human dignity. This fact is currently not supported by any research or court decisions, but professionals and activists working in the disability field regularly meet such cases and complaints.

Disabled girls and women are not visible in Hungarian disability-related legislation nor in legislation related to the equal opportunities of men and women.

An important concept of disability related matters is the principle of “nothing about us without us”. Although this concept was the motto of the Independent Living Movements, and up until today it is generally cited almost exclusively in relation to decisions concerning persons with disabilities, nevertheless, it is a concept of general validity that could refer to any disadvantaged group. We consider it important that every group of any drawback can indeed participate in and exert a genuine influence on the decisions made about them. Hence, we also have to emphasise that it must be women with disabilities themselves to decide and bring decisions on issues affecting their life, and not men with disabilities or non-disabled women.

CEDAW Committee questions

19. According to information received, domestic legislation does not require reasonable accommodation for persons with disabilities and in general, statutory provisions do not make reference to women with disabilities. What kind of legislative actions and policy measures has the State party taken in order to recognize and give effect to the rights of women and girls with disabilities, provide equal opportunities and to eliminate discrimination in this area?

In its response to the CEDAW Committee, the government did not give any answer to the requirement of reasonable accommodation.[5]The failure to comply with the requirement of reasonable accommodation providing for the individual needs of women with disabilities creates disadvantages or multiple disadvantages for women with disabilities in almost all areas of life, both as compared to non-disabled women and disabled men.

Hungarian legislation does not recognise the requirement of reasonable accommodation. This makes it particularly difficult to apply legal remedies for discrimination because women with disabilities are often subject to discrimination through the denial of reasonable accommodation. The absence of the concept and requirement of reasonable accommodation in Hungarian law is also responsible for a legal obstacle in the fields of accessibility.

The UN Committee on the Rights of Persons with Disabilities reviewed Hungary’s compliance with the CRPD in September 2012. In its Concluding Observations,[6] the CRPD Committee noted with concern that “the State party’s legislation, including Act XXVI of 1998 on the Rights and Equal Opportunities of Persons with Disabilities (referred further as Disability Act) and Act CXXV of 2003 on Equal Treatment and Promotion of Equal Opportunities (referred further as Equal Treatment Act), fails to state that denial of reasonable accommodation constitutes discrimination.” (para 15) The Committee called upon Hungary “to take steps to ensure that its legislation explicitly prescribes that failure to provide reasonable accommodation constitutes a prohibited act of discrimination.” (para 16)

With regard to the question by the CEDAW Committee on national legal regulations promoting equal opportunities for women with disabilities, the government refers to the fact that the Fundamental Law of Hungary introduces disability as a prohibited ground of discrimination, and that it stipulates specific measures to protect persons with disabilities in addition to other minority groups such as women, children and the elderly. Furthermore, the government’s response refers to the Act on Equal Treatment wherein gender and disability are defined as protected characteristics.

However, neither of the above mentioned regulations contains any reference to women with disabilities, and no national legislation, policies or programs specify what equal opportunities mean with respect to women with disabilities.

The Act on Equal Treatment has comprehensive provisions on the prohibition of direct and indirect discrimination, both before and during employment, as well as during the termination of employment. It has separate provisions on the prohibition of disability-related harassment at the workplace and requires non-discrimination in wages. Though female employees are separately protected, women with disabilities do not receive added protection.

In its response to the CEDAW Committee’s list of issues, the Hungarian government refers to the National Disability Programme[7]on the implementation of the Disability Act but it fails to mention that in the programme the legislator recognises that women with disabilities are subject to multiple discrimination, and it only concludes that “therefore it is an important principle to plan the individual measures on the basis of individual needs.” The action plan for the implementation of the National Disability Programme for 2012-2013 also fails to contain any specific measures regarding women with disabilities.[8]

In its response, the government refers to the National Disability Council and the composition thereof. It refers to the fact that the civil society side of the Council consists of seven men and six women. It must however be noted that of the female members there is only one with a disability. The composition of the National Disability Council is incidental. The female members are not present in the Council in their own right as disabled women, and neither because the rules for composition of the Council would require representation of women with disabilities.

In its response on women with disabilities, the Government does not refer to the document “National Strategy for the Promotion of Gender Equality – Guidelines and Objectives 2010-2021”. The strategy – adopted 3 years after Hungary ratified the CRPD – does not contain any reference to women with disabilities. In the National Gender Equality Council, a consultative and advisory body of government on developing measures to promote social equality for women and men, the representation of women with disabilities is also not ensured.

Moreover, the programmes of Hungary’s National Development Agency do not include any projects to improve the conditions of women with disabilities. Neither programmes to boost equal opportunities for women, nor those aiming to bolster equal opportunities for persons with disabilities make specific mention of women with disabilities.

It is strongly recommended that the Committee highlights the following issues during the “constructive dialogue” and address them in the “concluding observations”:

The principle of “reasonable accommodation” should be included in Hungary’s legal system and thedenial of reasonable accommodation should be explicitly defined and recognised as a form of discrimination.The government should take the necessary steps to raise awareness in order to change attitudes, to familiarise the public and the government (departments, decision makers, regional directors and officers) with the concept and legal obligation to provide reasonable accommodation.

The requirement of reasonable accommodation, indispensable in ensuring equal opportunities for women with disabilities must be complied within all measures and programmes referring to women in general.

All legislations with respect to women and persons with disabilities should be reviewed to ensure that women with disabilities also become visible in mentioned legislation and that laws provide specific measures addressing women with disabilities.

The Disability Act is currently undergoing revisions and being amended. It is recommended that the amendment should include gender equality among its basic principles as well as provide clear definitions for multiple discrimination and violence in the case of women with disabilities, and confirm the rights to marriage, to found a family and reproduction for women with disabilities. Furthermore, it should stipulate measures specifically to promote the rights of women and girls with disabilities

The Hungarian Government must ensure the effective involvement of women with disabilities and their representative organisations in the development of legislation, policies and decision making processes concerning them.