Human rights in Hungary are governed by the Constitution of Hungary, laws passed by the National Assembly, and oversight of international organizations such as the Council of Europe. Human rights groups such as Amnesty International and Human Rights Watch have raised concern for the status of human rights in Hungary under the rule of Viktor Orbán and the Fidesz party since 2010.
Legal basis
The Constitution of Hungary states that the primary obligation of the state is to protect the rights of man. It also lists many rights that are protected, provides for rights to be defined by law, and guarantees that these rights are not to be applied in a discriminatory manner. Act CXXV of 2003 guarantees equal treatment to all people in Hungary. Hungary is party to several international organizations and treaties to protect human rights. It joined the Council of Europe in 1990 and is bound by the European Convention on Human Rights.
As part of a process of illiberalization, the state's obligation to protect human rights has weakened under the Fidesz government. Judicial decisions are less like to consider human rights as a factor, and the Hungarian government is less likely to apply the human rights standards agreed upon by the international community.
Political freedom
The Hungarian government has been accused by Human Rights Watch of circumventing the separation of powers and governing through an increasingly powerful executive. Corruption in the Hungarian government is not addressed despite criticism from organizations such as the Group of States against Corruption. The Freedom of Information Act is limited in its power to require disclosure and many government activities are exempted. In response to the COVID-19 pandemic in March 2020, the government granted emergency powers to the executive that granted it wide latitude in ruling by decree, and these powers were renewed several times afterward. These powers have been used to restrict civil liberties outside the scope of public health.
The Democracy Index ranked Hungary as the 56th most democratic country in 2021, with a score of 6.50 out of 10. Freedom House ranked Hungary as "Partly Free" in 2022 with a score of 69/100. In the Corruption Perceptions Index, Hungary ranked 73rd out of 180 countries in 2021.
Elections
Manipulation of electoral laws, electoral irregularities, and control of the media have been raised as concerns during elections alongside voter support for illiberal democracy. An OSCE report in 2018 found that the government discourages public involvement in election oversight through "intimidating rhetoric" and that elections are often operated without the presence of opposition or nonpartisan observers. No evidence was found of election fraud that would affect the results of an election.
The ruling party of Fidesz has been found to utilize state resources to impede the ability of electoral challengers to compete, and the government has been accused of imposing financial penalties on districts and cities where the opposition is in power. The government has been accused of running fraudulent opposition candidates to split the vote in Fidesz's favor. Authorities have also interfered with the ability of opposition figures to engage in peaceful political activities. State media is used by the Orbán government in campaigning and the State Audit Office is used to police opposition political activity while overlooking the activity of Fidesz.
Civil liberties
Freedom of expression
The constitution guarantees the right to freedom of expression, though it also criminalizes hate speech. Hate speech and genocide denial can be penalized with up to three years in prison. In 2016, the European Court of Human Rights found that Hungary had violated the rights of judge András Baka following his dismissal for criticizing the government in Baka v. Hungary.
Protest is legal in Hungary and regularly exercised, though limitations were applied following a constitutional amendment and a legal act in 2018. In response to a demonstration in front of the home of the Prime Minister, the government of Hungary has restricted the ability to protest in a way determined to violate privacy rights, and Hungarian police have been given "broad discretionary powers" to enforce this law. The Hungarian Civil Liberties Union opposed the change, citing concerns of police overreach and silencing of protests against Hungarian court rulings.