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Hungary: Whether a Romanian citizen who is ethnically Hungarian is eligible for social benefits such as access to health care, education and social assistance if he/she stays in Hungary beyond the 90-day term of a standard visa

In June 2001, Hungary passed the Act On Hungarians Living In Neighbouring Countries, (also known as the status law) which originally appeared to give ethnic Hungarians who were neither citizens of Hungary, nor residents of Hungary, specific rights guaranteed by the Government of Hungary (RFE/RL 4 Oct. 2001; Hungary 19 June 2001; BBC 1 May 2004; IRR 1 Aug. 2002; Southeast European Times 9 Jan. 2002). These rights included an annual three-month work permit in Hungary, medical care, pension benefits, access to railway travel discounts, scholarships to Hungarian higher-education institutions, free training for teachers and an annual allowance for families with two or more children attending a Hungarian-language school (RFE/RL 4 Oct. 2001; Hungary 19 June 2001).

The Act was amended in June 2003 (Hungary 23 June 2003), after neighbouring countries criticized Hungary for "interfering with their sovereignty and discriminating against other ethnic groups" (BBC 1 May 2004; ibid 24 June 2003).

A memorandum of understanding between the governments of Hungary and Romania says, "All Romanian citizens, notwithstanding their ethnic origin, will enjoy the same conditions and treatment in the field of employment on the basis of a work permit on the territory of the Republic of Hungary" (Hungary 22 Dec. 2001).

During a 21 April 2004 telephone interview, a representative of the Hungarian Government Office for Hungarian Minorities Abroad provided the following information: Non-citizens have the same rights in Hungary regardless of their ethnicity; therefore, a person's access to social services would depend on the type of visa held by that person, not on whether the applicant was ethnically Hungarian.

According to the representative, non-citizens on a student visa would have limited access to some social services such as health care; non-citizens on an employment visa would have full access to social services.

In a 21 April 2004 telephone interview, a representative of the Hungarian Ministry of Foreign Affairs corroborated the statements concerning health care and social services.

Both representatives agreed that a non-citizen without a valid visa would have no legal access to social services (Hungary 21 Apr. 2004a; ibid 21 Apr. 2004b).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

References

BBC 1 May 2004. "Timeline: Hungary A Chronology of Key Events." <http://news.bbc.co.uk/1/hi/world/europe/country_profiles/1054642.stm> [Accessed 5 May 2004]

______. 24 June 2003. "Hungary Amends 'Status' Law." <http://news.bbc.co.uk/1/hi/world/europe/3015152.stm> [Accessed 26 Apr. 2004]

Hungary. 21 April 2004a. Government Office for Hungarian Minorities Abroad. Telephone interview with the head of the department.

_____. 21 April 2004b. Ministry of Foreign Affairs. Telephone interview with representative.

_____. 23 June 2003. Government Office for Hungarian Minorities Abroad. "Act LXII of 2001 on Hungarians Living in Neighbouring States (the Consolidated Text Inclusive of Amendments Passed by the Parliament on 23 June 2003)." <http://www.htmh.hu/lawnew.htm> [Accessed 5 May 2004]

_____. 22 December 2001. Government Office for Hungarian Minorities Abroad. "Memorandum of Understanding Between the Government of the Republic of Hungary and the Government of Romania Concerning the Law on Hungarians Living in Neighbouring Countries and Issues of Bilateral Co-operation" <http://www.htmh.hu/dokumentumok/memorandum.htm> [Accessed 21 Apr. 2004]

_____. 19 June 2001. Government Office for Hungarian Minorities Abroad. "Act LXII of 2001 on Hungarians Living in Neighbouring Countries." <http://www.htmh.hu/law.htm> [Accessed 5 May 2004]

Institute of Race Realtions (IRR). 1 August 2002. Liz Fekete. "Discriminatory Status Law Provokes Dispute." <http://www.irr.org.uk/europebulletin/hungary/violence_harassment/2002/ak000003.html> [Accessed 26 Apr. 2004]

Radio Free Europe/Radio Liberty (RFE/RL). 4 October 2001. Eugen Tomiue. "Hungary: Status Law Causing Dispute With Neighbors." <http://www.rferl.org/features/2001/10/04102001123954.asp> [Accessed 26 Apr. 2004]

Southeast European Times. 9 January 2002. "Ethnic Hungarians Apply for IDs Under Hungarian Status Law." <http://www.balkantimes.com/html2/english/020109-SVETLA-001.htm> [Accessed 26 Apr. 2004]

Additional Sources Consulted

Internet sites: Australia Visa, Council of Europe, European Roma Rights Center, Human Rights Watch, Hungarian Helsinki Committee, INTERIGHTS: The International Centre for the Legal Protection of Human Rights, Migration Policy Group, Office of Immigration and Nationality Ministry of Interior (Hungary), Open Society Institute, US Committee for Refugees.

Topics: Visas, Health care,