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Hungary: Situation and treatment of homosexuals; legislation, state protection and support services

Societal treatment

The Budapest-based Háttér Support Society for LGBT People (Háttér) was founded in 1995 and is Hungary's largest lesbian, gay, bisexual and transgender (LGBT) rights organization, engaging in advocacy, awareness-raising, research and various other services (Háttér 18 Aug. 2009). In 18 August 2009 correspondence sent to the Research Directorate, a representative of Háttér provided the following information:

Legislation concerning gay and lesbian people underwent significant positive development in the past decade, but a similar positive trend in public attitudes has not taken place. As the political and social visibility of the LGBT community grew, the attitudes towards homosexuality became more polarized: there is a growing number of people accepting homosexuality and supporting the recognition of the rights of gays and lesbians, but also a growing number of people with negative, often hostile attitudes towards them. (ibid.)

The Háttér Representative believes that a majority of Hungarian gays and lesbians choose to hide their sexual orientation at schools, workplaces, hospitals or from their families out of fear of discrimination; a European Union (EU) poll found that 6 percent of Hungarian respondents reported having a gay or lesbian acquaintance, while the figure was 34 percent in the EU (ibid.; EU July 2008). Háttér also indicated that those who do come out often report harassment from colleagues, teachers or fellow students (18 Aug. 2009).

According to a 2006 public opinion poll conducted by the EU, 18 percent of Hungarians support same-sex marriage versus 42-44 percent support in the EU (EU Mar. 2009, 4; Háttér 18 Aug. 2009); however, local polling agencies found support for gay marriage increased from 23 percent in 2005 to 36 percent in 2007 (ibid.). According to a 2007 public opinion poll cited by Háttér, 12 percent of Hungarian respondents considered homosexuality "normal" while 59 percent believed it to be "unnatural" and 29 percent condemned it (ibid.; MTI 19 Dec. 2007). In a 2008 Eurobarometer survey which asked how respondents would feel about having a gay or lesbian neighbour on a scale of 1 to 10 where 1 is "very uncomfortable" and 10 is "very comfortable," Hungarian respondents scored an average of 6.2 out of 10 (Háttér 18 Aug. 2009; EU July 2008, 2) compared to an EU-wide average of 7.9 (ibid.).

A survey conducted among 1,122 LGBT people in 2007 revealed that 76 percent felt that they belonged to a social group that is discriminated against (Háttér 18 Aug. 2009). About 59 percent of respondents said they faced discrimination in the media, 54 percent in political organizations, 52 percent in clubs and bars, 47 percent in secondary schools, 36 percent in employment, 36 percent in higher education and 27 percent in healthcare (ibid.; see also EU Mar. 2009, 3).

Violence

Háttér stated that

[h]ate speech and violent attacks against LGBT people has increased significantly in the past two years. Mistreatment can be primarily attributed to non-state actors, there is no systematic persecution of LGBT people by the state. (18 Aug. 2009)

Between 1995 and 2006, gay pride marches were uneventful and "sufficiently secured by the police" (EU Mar. 2009, 5; ODIHR Oct. 2008, 114). In 2007, protesters threw eggs, bottles, Molotov cocktails (ibid.) and bags with sand and faeces at marchers during a gay pride parade in Budapest (Háttér 18 Aug. 2009; UK Gay News 28 June 2009). Háttér cited reports indicating that when marchers who decided to leave were attacked by smaller groups of protesters, "the police refused to act on calls asking for help" (Háttér 18 Aug. 2009). An EU report described the 2007 event as "shocking" in a country where anti-gay violence tended to be "socially invisible," but it cautioned that the state may have been the primary target of the violence, rather than LGBT persons themselves (Mar. 2009, 5). The attacks were condemned by various politicians, including the Mayor of Budapest (ODIHR Oct. 2008, 115).

In June and July 2008, perpetrators threw Molotov cocktails at a gay bar (MTI 27 June 2008; Pink News 27 June 2008; US 25 Feb. 2009, Sec. 5) and a gay bathhouse in Budapest; no one was injured (ibid.) but the bar was destroyed (MTI 27 June 2008). The National Investigation Office looked into the incident but had not identified suspects by the end of 2008 (US 25 Feb. 2009, Sec. 5).

During the gay pride march of 2008, several hundred protesters confronted between 1,500 and 2,000 participants with verbal abuse and weapons such as gas grenades and Molotov cocktails (ibid.; Pink News 7 July 2008; The Yale Globalist 11 May 2009). As a result of the confrontation, between 12 and 25 people were injured (ibid.; MTI 8 July 2008; US 25 Feb. 2009, Sec. 5). Sources describe the police intervention as "effective" (Háttér 18 Aug. 2009; UK Gay News 28 June 2009), and organizers of the march reportedly praised the police response (Pink News 7 July 2008). The police met anti-gay protesters with tear gas and water cannons (Morning Star 6 July 2008; US 25 Feb. 2009, Sec. 5) and arrested between 45 and 57 people (ibid; AFP 6 July 2008; Morning Star 6 July 2008; The Yale Globalist 11 May 2009). One protester was given an 18-month suspended prison sentence (AFP 17 July 2008; AI 2009) and another three or four received minor fines (ibid.; AFP 10 July 2008; MTI 8 July 2008) of up to 66,000 forints [or 460 Canadian dollars (Canada 8 July 2008)] (MTI 8 July 2008).

Legislation

Sexual activity between consenting men or women was decriminalized in 1962 (Háttér 18 Aug. 2009; ILGA May 2009, 48), and since 2002 the age of consent for all Hungarians is 14 years (Gay Times n.d.). Since 1996, same-sex couples living together have had various rights in the fields of health, criminal proceedings, social benefits and pensions (Háttér 18 Aug. 2009). In 2004, an anti-discrimination law came into force, prohibiting discrimination on the basis of sexual orientation and gender identity in employment (ibid.; ILGA May 2009, 50) as well as in education, housing, health, social services and access to goods and services (Háttér 18 Aug. 2009).

On 1 July 2009, same-sex couples became eligible to register their partnerships, offering many of the same rights and responsibilities as marriage (ibid.; ILGA 20 Apr. 2009). However, same-sex couples cannot take a partner's name (ibid.), do not have access to artificial insemination (ibid.; EU Mar. 2009, 3; Háttér 18 Aug. 2009). Same-sex couples also cannot adopt (ibid.; EU Mar. 2009, 3; ILGA 20 Apr. 2009; AP 8 May 2009), although partners will be required to care for each other's existing children (ibid.). Following pressure from non-governmental organizations (NGOs), the new legislation contains data protection rules which mean that gays and lesbians are not obliged to reveal their sexual orientation when declaring their civil status (ILGA 20 Apr. 2009).

Governmental organizations

According to the Representative from Háttér,

[t]he current government is politically committed to achieving gradual equality of LGBT people, however this political support often disappears in the everyday operations of government authorities. The LGBT community does not appear as a specific target group in equality policies, and there is a severe lack of expertise and awareness around LGBT issues in the state administration, law enforcement agencies and the health and educational system. State funding for LGBT organizations is very scarce. (18 Aug. 2009)

The Equal Treatment Authority (ETA), a government organization that was set up in 2003 (Háttér 18 Aug. 2009; COE n.d.) and began operations in 2005 (EU Apr. 2008, 4), is tasked with investigating complaints of discrimination against public bodies in all fields (ibid.; Háttér 18 Aug. 2009; COE n.d.). The ETA may take various actions against an offending body, such as ordering it to cease its discriminatory practice, publicizing the result of an investigation or imposing a fine of up to 6,000,000 Hungarian forints [or 34,000 Canadian dollars (Canada 18 Aug. 2009)] (Háttér 18 Aug. 2009). While the ETA receives about 1,000 complaints a year, only 1 or 2 are reportedly related to sexual orientation or gender identity, and as of 2009 only one such complaint has ever been upheld (ibid.). According to an EU report, discrimination in the workplace is very difficult to prove and a large percentage of the population works without a labour contract (Mar. 2009, 6).

The Parliamentary Commissioner for Civil Rights (PCCR), established in 1993 (Háttér 18 Aug. 2009) to investigate violations of constitutional rights by public bodies (ibid.; Hungary n.d.), has reportedly "had only very few cases involving sexual orientation and it has delivered opinions unfavourable to LGBT people, such as the decisions to uphold the blood donation ban for practicing homosexuals in 1999 and 2008" (Háttér 18 Aug. 2009).

The Independent Police Complaints Commission (IPCC) was set up in 2008 in order to investigate allegations of police abuse, but has reportedly not received any complaints related to sexual orientation or gender identity (ibid.). Other avenues for recourse include the Hungarian Labor Inspectorate, the National Consumer Protection Authority, the Commissioner for Educational Rights, the Health Insurance Supervisory Authority, the Patients' Rights Representatives and the Central Office of Justice, the latter of which provides "counselling, legal aid and financial help for victims of crimes, in particular those who suffered bodily or emotional harm and mental shock" (ibid.).

Besides these organizations, victims of discrimination may take their case to court, such as the Labour Court in employment cases (ibid.) and complainants "are free to forum shop" (EU Apr. 2008, 4). However, while courts may offer damages to victims, the procedures are reportedly "very long and the willingness of courts to acknowledge non-material damage is very low" (Háttér 18 Aug. 2009). Also, while the Criminal Code criminalizes homophobic hate speech, Háttér was not aware of any court cases involving hate speech or hate crimes targeting LGBT people, which might be due to "a very low level of hate crime investigations by the police" (ibid.).

Háttér summarized its view of governmental assistance as follows:

[t]he Hungarian government operates a relatively advanced system of institutions to offer protection and recourse to victims of mistreatment, however, LGBT people often refrain from using available complaint procedures in fear of secondary victimization and because of distrust in the efficacy of such complaint mechanisms. Government organizations often lack the expertise to deal with the specific needs of LGBT victims, and fail to consider LGBT people as a target group in their awareness raising efforts. Law enforcement agencies and courts are reluctant to take hate speech and hate crimes seriously. (Háttér 18 Aug. 2009)

Háttér's statements could not, however, be corroborated among the sources consulted by the Research Directorate within the time constraints for this Response.

Non-governmental organizations (NGOs)

LGBT victims of discrimination can turn to a number of NGOs for legal assistance in cases of discrimination, including: the Háttér Support Society for LGBT People, whose counselling hotline operates seven days a week; the Patent Association (which provides legal aid); the Hungarian Helsinki Committee; and the Hungarian Civil Liberties Union (which operates a patients' rights legal assistance service for people living with HIV or AIDS) (ibid.). The Labrisz Lesbian Association, in operation since 1999, conducts community-related, cultural and educational activities (Labrisz Lesbian Association n.d.).

According to Háttér,

Non-governmental agencies offering legal aid and counseling services are severely underfunded, and can reach only a limited number of people especially outside of the capital, where discrimination is more widespread. (18 Aug. 2009)

While an EU report indicated that there were no public funds specifically earmarked for LGBT NGOs (Mar. 2009, 6), the Representative from Háttér observed that there were state funds available for LGBT NGOs, but added that "there are only very few LGBT NGOs that have the capacity to take advantage of these funding opportunities" (Háttér 18 Aug. 2009).

The Budapest Tourism Office and the Budapest Gay City website list six gay bars in Budapest in addition to five or six clubs (Budapest n.d.; Budapest Gay City n.d.a; ibid. n.d.c) and six cafes (ibid. n.d.b). According to The Yale Globalist, "Budapest's cosmopolitan atmosphere attracts gay expatriates, who have opened doors for the native gay community" (11 May 2009), while Gay Times reports that "[t]he gay scene in Budapest is vibrant and the city makes an excellent destination for gay and lesbian visitors" (n.d.).

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 sources consulted in researching this Information Request.

References

Agence France-Presse(AFP). 17 July 2008. "Hungarian Anti-Gay Protester Gets Suspended Sentence." (Factiva)
_____. 10 July 2008. "Legal Changes Needed After Anti-Gay Protest: Hungarian PM." (Factiva)
_____. 6 July 2008. "Hungarian PM Condemns Anti-Gay Rights Protests." (Factiva)

Amnesty International (AI). 2009. "Hungary." Amnesty International Report 2009. <http://thereport.amnesty.org/en/regions/europe-central-asia/hungary> [Accessed 25 Aug. 2009]

Associated Press (AP). 8 May 2009. "Hungary to Allow Domestic Partnerships for Gays." (Factiva)

Budapest. N.d. Budapest Tourism Office. "Gay and Lesbian Budapest." <http://thereport.amnesty.org/en/regions/europe-central-asia/hungary> [Accessed 14 Aug. 2009]

Budapest Gay City. N.d.a. "Bars." <http://www.budapestgaycity.net/content/view/12/26> [Accessed 12 Aug. 2009]
_____. N.d.b. "Cafés." <http://www.budapestgaycity.net/content/view/15/29> [Accessed 12 Aug. 2009]
_____. N.d.c. "Dance Clubs." <http://www.budapestgaycity.net/content/view/14/28> [Accessed 12 Aug. 2009]

Canada. 18 August 2009. Bank of Canada. "Currency Conversion Results." <http://www.bank-banque-canada.ca/cgi-bin/famecgi_fdps> [Accessed 24 Aug. 2009]
_____. 8 July 2008. Bank of Canada. "Currency Conversion Results." <http://www.bank-banque-canada.ca/cgi-bin/famecgi_fdps> [Accessed 25 Aug. 2009]

Council of Europe (COE). N.d. "Equal Treatment Authority – Hungary." <http://www.coe.int/t/dghl/monitoring/ecri/good_practices/1-Specialised%20Bodies/SB_Hungary_ETA_en.asp> [Accessed 14 Sept. 2009]

European Union (EU). March 2009. The Social Situation Concerning Homophobia and Discrimination on Grounds of Sexual Orientation in Hungary. <http://fra.europa.eu/fraWebsite/attachments/FRA-hdgso-part2-NR_HU.pdf> [Accessed 25 Aug. 2009]
_____. July 2008. Discrimination in the European Union 2008 – Results for Hungary. <http://ec.europa.eu/public_opinion/archives/ebs/ebs_296_sheet_hu.pdf> [Accessed 14 Sept. 2009]
_____. April 2008. Legal Study on Homophobia and Discrimination on Grounds of Sexual Orientation – Hungary. <http://fra.europa.eu/fraWebsite/attachments/FRA-hdgso-NR_HU.pdf> [Accessed 25 Aug. 2009]

Gay Times [London]. N.d. "Gay Hungary." <http://www.gaytimes.co.uk/Hotspots/GayGuide-action-Country-countryid-484.html> [Accessed 14 Aug. 2009]

Háttér Support Society for LGBT People (Háttér) [Budapest]. 18 August 2009. Correspondence sent by a representative.

Hungary. N.d. Parliamentary Commissioner for Civil Rights. "General Guide to the Parliamentary Commissioner's Office." <http://www.obh.hu/allam/eng/guide.htm> [Accessed 14 Sept. 2009]

International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA). May 2009. State-Sponsored Homophobia: A World Survey of Laws Prohibiting Same-Sex Activity Between Consenting Adults. <http://www.ilga.org/statehomophobia/ILGA_State_Sponsored_Homophobia_2009.pdf> [Accessed 25 Aug. 2009]

ILGA Europe. 20 April 2009. "Hungary Introduces Registered Partnership for Same-Sex Partners." <http://www.ilga-europe.org/europe/news/hungary_introduces_registered_partnership_for_same_sex_partners> [Accessed 14 Aug. 2009]

Labrisz Lesbian Association. N.d. "Labrisz Lesbian Association." <http://www.labrisz.hu/english> [Accessed 14 Aug. 2009]

Magyar Távirati Iroda (MTI). 8 July 2008. "Budapest Court Fines Four Attackers of Gay Paraders, Acquits Three." (Factiva)
_____. 27 June 2008. "Petrol-Bomb Attack on Budapest Gay Bar." (Factiva)
_____. 19 December 2007. "Hungarians Intolerant of Gay Couples – Paper." (Factiva)

The Morning Star [London]. 6 July 2008. "Neofascists Attack Budapest Gay Rights March." (Factiva)

Office for Democratic Institutions and Human Rights (ODIHR). October 2008. Hate Crimes in the OSCE Region – Incidents and Responses: Annual Report for 2007. <http://www.osce.org/publications/odihr/2008/10/33850_1196_en.pdf> [Accessed 25 Aug. 2009]

Pink News [London]. 7 July 2008. Phoebe Ferris-Rotman. "Budapest Police Praised by Pride Organisers." <http://www.pinknews.co.uk/news/articles/2005-8255.html> [Accessed 14 Aug. 2009]
_____. 27 June 2008. Tony Grew. "Gay Bar in Budapest Suffers Arson Attack Amid Concerns About Pride." <http://www.pinknews.co.uk/news/articles/2005-8130.html> [Accessed 13 Aug. 2009]

UK Gay News [London]. 28 June 2009. "'We Will Not Be Intimidated' – Organisers of Budapest Gay Pride." <http://www.ukgaynews.org.uk/Archive/09/Jun/2801.htm> [Accessed 14 Aug. 2009]

United States (US). 25 February 2009. "Hungary." Country Reports on Human Rights Practices for 2008. <http://www.state.gov/g/drl/rls/hrrpt/2008/eur/119083.htm> [Accessed 13 Aug. 2009]

The Yale Globalist [New Haven, CT]. 11 May 2009. Alice Walton. "Homophobia in Hungary." <http://tyglobalist.org/index.php/20090511205/Features/Homophobia-in-Hungary.html> [Accessed 12 Aug. 2009]

Additional Sources Consulted

Oral sources, including: Labrisz Lesbian Association and Muegyetemi Meleg Kor did not respond to requests for information within the time constraints of this Response.

Internet sites, including: British Broadcasting Corporation (BBC), The Budapest Times, Council of Europe (COE), European Country of Origin Information Network (ecoi.net), Gay.com, Global Gayz, Human Rights Watch (HRW), Hungarian Helsinki Committee, International Gay and Lesbian Human Rights Commission (IGLHRC), International Helsinki Federation for Human Rights (IHF), Open Society Institute (OSI), Radio Free Europe/Radio Libery (RFE/RL), Sodomy Laws, Transitions Online.

Topics: Bisexuals, Transgender, Discrimination based on sexual orientation, Lesbians, Gays, Homosexuals,