European Committee of Social Rights: Hungary


(January 2016, Conclusions 2015)

“The Committee notes that the situation which it has previously considered to be in conformity with the Charter has not changed. According to Global Initiative to End Corporal Punishment of Children, law reform has been achieved. Corporal punishment is prohibited in all settings, including the home.”

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(March 2005, Conclusions XVII-2)

"The report states that the Act on the Protection of Children provides that corporal punishment is prohibited, and that children may not be subjected to torture, or to cruel, inhumane, or humiliating punishment of treatment (Article 6 Sub-paragraph (5)). In pre-schools and schools, the personality, human dignity, and rights of a child and/or student must be respected, and he or she must be protected against physical and emotional violence. Under the Public Education Act, no child or student may be subjected to corporal punishment, torture, cruel, inhuman, or humiliating punishment or treatment (Article 10, Sub-paragraph (2)). The Committee notes that Hungarian penal law practice recognises the exercise of the right of house discipline within the family. It notes that there is no prohibition in legislation of corporal punishment in the home. 

"The Committee recalls that Article 17 requires a prohibition in legislation against any form of violence against children, whether at school, in other institutions, in their home or elsewhere. It considers that any other form of degrading punishment or treatment of children must be prohibited in legislation and combined with adequate sanctions in penal or civil law. Therefore, it considers that since there is no prohibition in legislation of corporal punishment in the home, the situation cannot be considered to be in conformity with Article 17 of the Charter.

"The Committee concludes that the situation in Hungary is not in conformity with Article 17 of the Charter on the grounds that:

- corporal punishment in the home is not prohibited…."

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(2003, Conclusions XVI-2, page 442)

"As regards corporal punishment of children, the Committee wishes to know whether legislation prohibits corporal punishment of children in schools, in institutions, in the home or elsewhere, as it finds the report unclear on this point….

"Pending receipt of the information requested, the Committee defers its conclusion."

Read more from 2003
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