Hungary: Follow-up to HUN33096.E of 26 November 1999 on the types of crimes covered by the 1997 legislation on spousal abuse, including the crimes against women specifically referred to; the manner the new legislation has been implemented in Hungary; whether the new legislation covers forms of abuse other than physical abuse (such as sexual, psychological and emotional abuse); whether common law husbands have been convicted for violation of the new law
|Publisher||Canada: Immigration and Refugee Board of Canada|
|Author||Research Directorate, Immigration and Refugee Board, Canada|
|Publication Date||15 December 1999|
|Citation / Document Symbol||HUN33446.E|
|Cite as||Canada: Immigration and Refugee Board of Canada, Hungary: Follow-up to HUN33096.E of 26 November 1999 on the types of crimes covered by the 1997 legislation on spousal abuse, including the crimes against women specifically referred to; the manner the new legislation has been implemented in Hungary; whether the new legislation covers forms of abuse other than physical abuse (such as sexual, psychological and emotional abuse); whether common law husbands have been convicted for violation of the new law, 15 December 1999, HUN33446.E, available at: http://www.refworld.org/docid/3ae6ad6048.html [accessed 26 May 2015]|
|Disclaimer||This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.|
In a 7 December 1999 correspondence the chairperson of an Hungarian NGO called "Women Working Together Against Violence (NANE)" stated:
The September 1997 Penal Code amendment did indeed criminalize rape within marriage, however, no such case was tried up to now. As to the best of my knowledge, common-law husbands were not tried based on this law either. Psychological and emotional abuse are not recognized by the Hungarian Penal Code as such, though there would be more than one section by which such behavior could be penalized.
The amendment you are asking about was Act LXXIII of 1997, entering into force on the 15th of September the same year, and it touched upon 50 sections or subsections of the Penal Code (I think I counted them correctly) (Dec. 1999).
The NANE chairperson referred to sections of the amended version of the
Hungarian Criminal Code sent to the Research Directorate on 6 November 1999. She also stated that parts of the paragraphs of the amended version were new sections, while others were amendments.
The chairperson however pointed out that, despite the changes to the criminal code, domestic violence is not recognized in Hungary as a phenomenon on its own and, as a result, "facts of the cases of domestic violence are never collected by the courts."
Attachedplease find a copy of the Chapter 14 of the Hungarian Criminal Code entitled "Crimes against Marriage, Family, Youth and Sexual Morals" extracted from the amended version sent by the chairperson on 6 November 1999.
NANE is an organization founded in January 1994 to address the issues of domestic and sexual violence in Hungarian society (WIN News 31 Jan. 1999). NANE has four aims: operate a hotline for victims of violence, reduce the current high levels of violence against women and children; promote changes in the legislation; and improve services to the victims of domestic violence.
Further information on the amendments to the Hungarian Criminal Code regarding domestic violence could not be found among the sources consulted by the Research Directorate.
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 to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.
Women Working Together Against Violence (NANE), Budapest. 7 December 1999.
Hungarian Criminal Code. Excerpts of Amended Version sent by the Chairperson of Women Working Together Against Violence (NANE).
Additional Sources Consulted
Internet sources, including:
Family Violence Prevention Fund
Radio Free Europe/Radio Liberty (RFE/RL)
United Nations Convention on the Elimination of All Forms of Discrimination against
United Nations Development Fund for Women (UNIFEM)
Woman Watch. Women of the World
World News Connection (WNC)