UN experts urge Hungary to uphold Constitutional Court decision to decriminalize homelessness
GENEVA (11 December 2012) – Two United Nations experts on extreme poverty and housing today urged the Government of
Hungary to uphold the recent Constitutional Court decision decriminalizing homelessness, to amend the anti-homeless
legislation and to adopt a national housing strategy, which will take into account the needs and views of the homeless
and those inadequately housed, in conformity with international human rights obligations
The UN Special Rapporteurs on extreme poverty and human rights, Magdalena Sepúlveda, and on adequate housing, Raquel
Rolnik, praised a recent decision of the Hungarian Constitutional Court, which struck down legislation criminalizing
homelessness, and stressed again that Hungary is required to align its national legislation with its international human
rights obligations.
The 2010-2011 legislation criminalized sleeping and other life sustaining activities in public spaces as a misdemeanor,
punishable by incarceration or fine. It potentially affected more than 30,000 homeless persons in various municipalities
in Hungary, including women, children, older persons and persons with disabilities
“We warned about the discriminatory impact of the legislation on those living in poverty and social exclusion,” said Ms.
Sepúlveda, recalling that, in February 2012, both Special Rapporteurs had cautioned about the detrimental effects of
this legislation on the rights of homeless people in Hungary.
“We also expressed our concern with the fact that the Hungarian Government chose to conduct costly policing operations
to penalize homelessness, instead of seeking durable and adequate housing solutions for the poor, including those
affected by the recent financial crisis,” Ms. Rolnik noted.
The Constitutional Court annulled the specific legislation provisions that criminalized habitual living in public spaces
and empowered local authorities to confiscate property of homeless persons. These provisions were deemed by the Court as
contradictory to the Constitution’s requirements for legal certainty, the protection of the right to human dignity and
the right to property.
“The criminalization of rough sleeping and other life sustaining behaviours in public spaces is an infringement on the
basic rights of homeless persons to liberty, privacy, personal security and protection of the family”, said the UN
expert on extreme poverty, who in October 2011 presented a report* to the UN General Assembly on the penalization of
people living in poverty.
“The Hungarian Government admits that there are currently not enough shelters in the capital to service the existing
homeless community. It is therefore clear that homelessness in Hungary is not a choice, but a harsh reality,” stressed
the UN expert on adequate housing.
“The recent decision of the Constitutional Court rightly highlights the fact that homelessness is a social issue, which
needs to be addressed by the provision of adequate services and not by criminal proceedings,” she added.
(*) Read the 2011 report on the penalization of people living in poverty: http://www.ohchr.org/EN/Issues/Poverty/Pages/AnnualReports.aspx
--
Magdalena Sepúlveda is the Special Rapporteur on extreme poverty and human rights since May 2008. She is independent
from any government or organization. She is a Chilean lawyer currently working as Research Director at the International
Council on Human Rights Policy in Geneva. She has extensive experience in economic, social and cultural rights and holds
a PhD in international human rights law from Utrecht University. Learn more, visit: http://www.ohchr.org/EN/Issues/Poverty/Pages/SRExtremePovertyIndex.aspx
Raquel Rolnik was appointed as Special Rapporteur on adequate housing as a component of the right to an adequate
standard of living, and on the right to non-discrimination in this context by the UN Human Rights Council, in May 2008.
As Special Rapporteur, she is independent from any government or organization and serves in her individual capacity. An
architect and urban planner, Ms. Rolnik has extensive experience in the area of housing and urban policies. Learn more,
log on to: http://www.ohchr.org/EN/Issues/Housing/Pages/HousingIndex.aspx
OHCHR Country Page – Hungary: http://www.ohchr.org/EN/Countries/ENACARegion/Pages/HUIndex.aspx
UN Human Rights, follow us on social media:
Twitter: http://twitter.com/UNrightswire
Google+ gplus.to/unitednationshumanrights
YouTube: http://www.youtube.com/UNOHCHR
Storify: http://storify.com/UNrightswire
My voice, my right, my voice counts – Watch the Human Rights Day’s video:
ENDS