Act CXXV. of 2003[1]
on equal treatment and
the promotion of equal opportunities
The Parliament,
acknowledging every person’s
right to live as a person of equal dignity,
intending to provide effective
legal aid to those suffering from negative discrimination,
declaring that the promotion of
equal opportunities is principally the duty of the State,
having regard to Articles 54 (1)
and 70/A of the Constitution, the international obligations of the Republic and
the legal acts of the European Union,
hereby enacts the following Act:
CHAPTER
I
GENERAL
PROVISIONS
Article
1
Pursuant to the principle of
equal treatment, all natural persons abiding in the area of the Republic of
Hungary and any groups thereof, as well as legal entities and organizations
without legal entity, shall be treated with the same respect and deliberation
and their special considerations shall be equally respected.
Article
2
Provisions pertaining to the
principle of equal treatment, set out in separate legal acts, shall be applied
in harmony with the provisions of this Act.
Definitions
Article 3
For the purposes of this Act
a) employment
relationship: employment, public service relationship, civil service
relationship, judicial service relationship, legal service relationship,
prosecution service relationship, professional and contracted service
relationship, professional foster parent relationship;
b) other
relationship aimed at employment: work-from-home employment relationship,
relationship created pursuant to a contract for employment, membership in a
professional group, and elements of the co-operative membership and partnership
activities under economic and civil law involving personal contribution and
aimed at employment;
c) state
aid: grants and subsidies from the budgets of the subsystems of public
finances, and the provision in any form of other advantages involving loss of
income by the state or state expenditure, also including state guarantees, and
funds, donations and grants originating from the European Union, international organizations
or other states if they are paid by the central budget;
d) public
service: services aimed at satisfying the population’s basic needs pursuant
to an obligation to enter into contract, especially electricity, gas, heat,
water, sewage and waste treatment, public sanitation, postal and
telecommunication services and scheduled passenger transport services;
e) social
and interest representation organization: social organization or foundation
whose objectives set out in its articles of association or statutes include the
promotion of the equal social opportunities of disadvantageous groups or the
protection of human or personal rights; and, in respect of a particular
national and ethnic minority, the minority government; furthermore the trade
union in respect of matters related to employees’ material, social and cultural
situation and living and working conditions;
f) relative:
the person defined as such by Paragraph b) of Section 685 of the Civil Code
with the exception of fiancées.
Scope
Article 4
The
principle of equal treatment shall be observed by
a) the Hungarian
State,
b) local and
minority governments and all bodies thereof,
c) organizations
exercising powers as authorities,
d) armed forces
and policing bodies,
e) public
foundations, public bodies,
f) organizations
performing public services,
g) institutions
of elementary and higher education (hereinafter collectively: educational institutions),
h) persons and
institutions providing social care and child protection services, and child welfare
service,
i) museums,
libraries, elementary educational institutions,
j) voluntary
mutual insurance funds, private pension funds,
k) entities
providing health care,
l)
parties, and
m)
budgetary organs that do not belong to points a)-l)
in the course of establishing
their relationships, in their relationships, in the course of their procedures
and measures (hereinafter collectively: relationship).
Article 5
In
addition to the entities listed in Article
4, the following persons shall
observe the principle of equal treatment in respect of the relevant
relationship:
a) those who make a proposal to
persons not previously selected to enter into contract or invite such persons
for tender,
b) those who provide services or
sell goods at their premises open to customers,
c) self-employed persons, legal
entities and organizations without a legal entity receiving state aid, in
respect of their relationships established in the course of their utilization
of such a state aid, from the time when the state aid is utilized until the
competent authorities can audit the utilization of the state aid in accordance
with the applicable regulations; and
d) employers in respect of
employment relationships and persons entitled to give instructions in respect
of other relationships aimed at employment and relationships directly related
thereto.
Article
6
(1)
The scope of this Act does not extend to
a) family law relationships;
b) relationships between
relatives;
c) relationships directly
connected with the activities of the religious life of the churches; and
d) when Article 4 of this Act is applied - in the absence
of a legal act providing to the contrary -, social organizations, relationships
between the members of legal entities and organizations without a legal entity
and relationships related to membership, except for the establishment of
membership.
(2) Paragraph (1) d) cannot be
applied at
a) the establishment and
cancellation of membership relationship, and
b) the relationships of parties
with the exception of the characteristic defined in Article 8 j).
Article
7
(1) Direct negative discrimination,
indirect negative discrimination, harassment, unlawful segregation,
retribution, and any orders issued therefore mean a breach of the principle of
equal treatment, especially as set out in Chapter III.
(2) The principle of equal
treatment is not breached by behavior, measure, condition, omission,
instruction or practice (hereinafter collectively: provision) based on a
characteristic related to any of the grounds referred to in Article 8, provided that they are found by
objective consideration to have a reasonable explanation directly related to
the relevant relationship.
Negative discrimination
Article 8
Provisions
that result in a person or a group is treated less favorably than another
person or group in a comparable situation because of his/her
a) sex,
b) racial origin,
c) color,
d) nationality,
e) national or
ethnic origin,
f) mother tongue,
g) disability,
h) state of
health,
i) religious or
ideological conviction,
j) political or
other opinion,
k) family status,
l) motherhood
(pregnancy) or fatherhood,
m) sexual
orientation,
n) sexual identity,
o) age,
p) social origin,
q) financial
status,
r) the part-time nature or
definite term of the employment relationship or other relationship related to
employment,
s)
the membership of an organization representing employees’ interests,
t)
other status, attribute or characteristic (hereinafter collectively:
characteristics)
are considered direct
discrimination.
Article
9
Provisions that are not
considered direct negative discrimination and apparently comply with the
principle of equal treatment but put any persons or groups having
characteristics defined in Article
8 at a considerably larger disadvantage compared with other persons or
groups in a similar situation are considered indirect discrimination.
Harassment,
unlawful segregation, retribution
Article
10
(1) Harassment is a conduct
violating human dignity related to the relevant person’s characteristic defined
in Article
8 with the purpose or effect of creating an intimidating, hostile, degrading,
humiliating or offensive environment around a particular person.
(2) Unlawful segregation is a
conduct that separates individuals or groups of individuals from others on the
basis of their characteristics as defined in Article
8 without a reasonable explanation resulting from objective
consideration.
(3) Retribution is a conduct that
causes infringement, is aimed at infringement, or threatens infringement,
against the person making a complaint or initiating procedures because of a
breach of the principle of equal treatment, or against a person assisting in
such a procedure, in relation to these acts.
Positive discrimination
Article
11
(1) The measure aimed at the
elimination of inequality of opportunities based on an objective assessment of
an expressly identified social group is not considered a breach of the
principle of equal treatment if
a) it is based on an act, on a
government decree based on an act or on a collective contract, effective for a
definite term or until a specific condition is met,
b) the election of a party’s
executive and representative organ and the setting up of a candidate at the
elections defined at the Act on the Electoral Procedures is executed in line
with the party’s fundamental rules.
(2) A measure aimed at evening
out a disadvantage shall not violate any basic rights, shall not provide
unconditional advantage, and shall not exclude the consideration of individual
circumstances.
CHAPTER
II
PROCEDURES
INITIATED BECAUSE OF A BREACH OF THE PRINCIPLE OF EQUAL TREATMENT
Article
12
Claims arising from breaching the
principle of equal treatment can be enforced in the scope of the procedures
described herein or in separate legal acts, particularly in the scope of
lawsuits under personal law, lawsuits under labor law, or procedures by the
consumer protection, labor or offence authorities.
Procedure
in case of a breach of this Act
Article 13
(1)
The public administrative body with the overall responsibility (hereinafter:
Authority) ensures compliance with the principle of equal treatment.
(2)
The Authority works under the instruction of the Government, under the
supervision of a member of the Government.
(3)
The Authority cannot be directed at the exercise of duties defined in the Act.
(4)
The Authority whose budget forms an independent title at the budgetary chapter
of the Prime Minister’s Office is a budgetary organ vested with authorities on
the chapter.
Article
14
The Authority shall
a) based on an application or in
cases defined herein, conduct ex officio an investigation to establish whether
the principle of equal treatment has been violated, and make a decision on the
basis of the investigation;
b) pursuant to the right of claim
enforcement in the public interest, initiate a lawsuit with a view to
protecting the rights of persons and groups whose rights have been violated;
c) review and comment on drafts
of legal acts concerning equal treatment;
d) make proposals concerning
governmental decisions and legislation pertaining to equal treatment;
e) regularly inform the public
and the Government about the situation concerning the enforcement of equal
treatment;
f) in the course of performing
its duties, co-operate with the social and representation organizations and the
relevant state bodies;
g) continually provide
information to those concerned and offer help with acting against the violation
of equal treatment;
h) assist in the preparation of
governmental reports to international organizations, especially to the Council
of Europe concerning the principle of equal treatment;
i) assist in the preparation of
the reports for the Commission of the European Union concerning the harmonization
of directives on equal treatment;
j) prepare an annual report to
the Government on the activity of the Authority and its experiences obtained in
the course of the application of this Act.
(2) In the course of applying
Paragraph (1) a) the Authority shall proceed in accordance with the provisions
of Act IV of 1957 on the general procedures of state administration, with the
differences regulated herein.
(3) The Authority shall perform
its duties set out in Paragraph (1) c)-j) in co-operation with an advisory body
whose members have extensive experience in the protection of human rights and
in enforcing the principle of equal treatment, and have been invited by the
Prime Minister to join the aforementioned body.
Article
15
(1) A
violation of the principle of equal treatment within the scope of this Act
shall be investigated by
a) the Authority or
b) another public administration
body that has been granted authority in a separate act for assessing violations
of the principle of equal treatment,
as chosen by the offended party.
(2) The Authority shall inform
the public administration body granted authority by a separate act, and this
public administration body shall inform the Authority, about the initiation of
the procedure.
(3)
If a procedure has been initiated before any public administration body
pursuant to Paragraph (1), then in the same matter other public administration
bodies
a) cannot proceed in the case of
a violation of law committed against the same person,
b) shall suspend their procedure
initiated in case of a violation of law committed against another person until
a binding judgment is made in the matter.
(4)
If the matter has been judged by any public administration body pursuant to
Paragraph (1), then in the same matter other public administration bodies
a) cannot proceed in the case of
a violation of law committed against the same person,
b) shall proceed using the facts
of the case established in the binding decision in its procedure in case of a
violation of law committed against another person.
(5) The Authority shall also
proceed ex officio in cases where the principle of equal treatment is violated
by the bodies defined in Article
4 (1) a)-d) if there are no
procedures under way in the particular matter before any other public
administration bodies.
(6) The Authority cannot
investigate decisions and measures of public power by the Parliament, the
President, the Constitutional Court, the State Audit Office, the Parliament
commissioner of civil rights, the Parliament commissioner of national and
ethnic minority rights, the Parliament commissioner the data protection, the
courts and the public prosecution.
(7) The Authority may participate
as an interpleader in the judicial review of a public administrative decision made
by another public administrative body concerning the principle of equal
treatment.
Article
16
(1) If the Authority has established
that the provisions ensuring the principle of equal treatment laid down herein
have been violated, they may
a) order that the situation constituting a violation of law be
eliminated,
b) prohibit the further continuation of the conduct
constituting a violation of law,
c) publish its decision establishing the violation of law,
d) impose a fine,
e) apply a legal consequence determined in a special act.
(2)
The legal consequences set out in Paragraph (1) shall be determined taking into
consideration all circumstances of the case, with particular regard to those
who have been effected by the violation of law, the consequences of the
violation of law, the duration of the situation constituting a violation of
law, the repeated demonstration of conduct constituting a violation of law and
the financial standing of the person or entity committing such a violation.
(3)
The legal consequences set out in Paragraph (1) can also be applied
collectively.
(4)
The amount of the fine inflicted in accordance with Paragraph (1) d) can be
from fifty thousand to six million Hungarian Forint. The fine shall be payable
to the budgetary appropriation of the Republican Equal Opportunities Program.
Article 17
(1) The decision of the Authority
cannot be appealed against in the scope of a public administrative procedure.
(2) The decision of the Authority
concerning the violation of the principle of equal treatment cannot be altered
or annulled by supervisory powers.
(3) According to the general
rules applicable to public administration decisions, the court can review a
decision of the Authority. The lawsuit falls within the scope of authority and
exclusive competence of the Metropolitan Court.
(4) The Metropolitan Court shall
proceed through a panel comprised of three professional judges.
Representation
Article 18
(1) Unless otherwise stipulated
by the law, the social and interest representation organization and the
Authority may act as a representative authorized by the party who suffered a
violation of law in procedures initiated because of a violation of the principle
of equal treatment.
(2) In a public administrative
procedure initiated because of the violation of the principle of equal
treatment, the social and interest representation organization is entitled to
the rights of the client.
Burden
of proof
Article
19
(1)
In procedures initiated because of a violation of the principle of equal
treatment, the injured party or the party entitled to assert claims of public
interest must prove that
a) the injured person or group
has suffered a disadvantage, and
b) the injured party or group
possessing characteristics defined in Article
8.
(2)
If the case described in Paragraph (1) has been proven, the other party shall
prove that
a) it has observed or
b) in respect of the relevant
relationship was not obliged to observe,
the principle of equal treatment.
(3)
The provisions set out in Paragraphs (1)-(2) shall not apply to criminal
procedures and to procedures of minor offences.
Assertion
of claims of public interest
Article 20
(1) A
lawsuit under personal or labor law because of a violation of the principle of
equal treatment before the court can be initiated by
a) the Public Prosecutor,
b) the Authority, or
c) the social and interest
representation organization,
if the violation of the principle
of equal treatment was based on a characteristic that is an essential feature
of the individual, and the violation of law affects a larger group of persons
that cannot be determined accurately.
(2) The compensation and fines of
public interest imposed in the lawsuit initiated by the application of
Paragraph (1) are due to pay to the central budget.
CHAPTER
III
ENFORCEMENT
OF THE PRINCIPLE OF EQUAL TREATMENT IN VARIOUS situations
Employment
Article
21
It is
considered a particular violation of the principle of equal treatment if the
employer inflicts direct or indirect negative discrimination upon an employee,
especially when the following provisions are made or applied in:
a) access to employment, especially
in public job advertisements, hiring, and in the conditions of employment;
b) a provision made before the
establishment of the employment relationship or other relationship related to
employment, related to the procedure facilitating the establishment of such a
relationship;
c) establishing and terminating
the employment relationship or other relationship related to employment;
d) relation to any training
before or during the work;
e) determining and providing
working conditions;
f) establishing and providing
benefits due on the basis of the employment relationship or other relationship
related to work, especially in establishing and providing wages;
g) relation to membership or
participation in employees’ organizations;
h) the promotion system;
i) the enforcement of liability
for damages or disciplinary liability.
Article
22
The
principle of equal treatment is not violated if
a) the discrimination is
proportional, justified by the characteristic or nature of the work and is
based on all relevant and legitimate terms and conditions, or
b) the discrimination arises
directly from a religious or other ideological conviction or national or ethnic
origin fundamentally determining the nature of the organization, and it is proportional
and justified by the nature of the employment activity or the conditions of its
pursuit.
Article
23
An act, a government decree based
on an act or collective contract may order an obligation for positive
discrimination for a specified group of employees in respect of the employment
relationship or other relationship aimed at employment.
Social
security and health care
Article
24
The
principle of equal treatment shall be enforced in respect of insurance systems,
particularly in the course of claiming benefits
a) financed from the social
security systems, and
b) providing social, or financial
and in-kind child protection or personal care.
Article
25
(1)
The principle of equal treatment shall be enforced in respect of health care,
particularly in respect of the provision of health services, including
a) participation in preventive
programs and medical check-ups,
b) preventive medical care,
c) use of premises for residence,
d)
the satisfaction of dietary and other needs.
(2) Pursuant to or authorized by the law and
based on health, disability or a characteristic defined in Article 8, a government decree may grant
additional benefits to specified groups of society within the framework of the
social and health care system, in accordance with the provisions herein.
Housing
Article
26
(1)
It is a particular violation of the principle of equal treatment when any
persons because of their characteristics defined in Article 8 are
a) inflicted with direct or
indirect negative discrimination in respect of the granting of housing
subsidies, benefits, interest subsidies by the state or a municipality,
b) put in a disadvantageous
position in determining the conditions of sale or leasing of state-owned or
municipal housing and plots.
(2) The issue of occupancy and
other building permits by the relevant authorities cannot be denied, or tied to
any conditions, based directly or indirectly on characteristics defined Article 8.
(3) The conditions of access to
housing shall not be determined with the aim of artificially separating any
particular groups based on characteristics defined in Article 8 to any settlement or part thereof, rather than by the
group’s voluntary decision.
Education
and training
Article 27
(1)
The principle of equal treatment extends to any care, education and training
a) carried out in accordance with
requirements approved or ordered by the State, or
b)
whose organization is supported by the State
ba) by direct normative budgetary
subsidy, or
bb) indirectly, especially by
releasing or clearing taxes or by tax credit (hereinafter collectively:
education).
(2)
The principle of equal treatment shall be enforced in relation to education
defined in Paragraph (1), particularly in
a) determining the conditions of
joining education and assessing applications,
b) defining and setting the
requirements for education,
c) performance evaluation,
d) providing and using services
related to education,
e) access to benefits related to
education,
f) accommodation and supplement
in dormitories,
g) issuing certificates and
diplomas obtainable in education,
h) access to vocational guidance,
and
i) the termination of the
relationship related to participation in education.
(3) The principle of equal
treatment is especially violated if a person or group is
a) unlawfully segregated in an
educational institution, or in a division, class or group within such an
educational institution,
b) limited to a care or
educational system, or a care or educational system or institution is created
or maintained whose standards do not reach accepted professional requirements
or do not meet professional rules, and thus do not ensure a reasonably
expectable opportunity to prepare for state exams.
(4) Educational institutions
shall not have groups pursuing extracurricular activities, pupil or student
societies and other organizations of pupils, students or parents whose
objective is to discredit, stigmatize or exclude individuals or groups.
Article
28
(1) If the education is only organized
for students of one sex, it does not violate the principle of equal treatment,
provided that participation in such an education is voluntary, and will not
result in any disadvantages for the participants.
(2)
The principle of equal treatment is not violated if,
a) in elementary and higher
education, at the initiation and by the voluntary choice of the parents,
b) at college or university by
the students’ voluntary participation,
education based on religious or
other ideological conviction, or education for ethnic or other minorities is organized
whose objective or program justifies the creation of segregated classes or
groups; provided that this does not result in any disadvantage for those
participating in such an education, and the education complies with the
requirements approved, laid down and subsidized by the State.
(3) Any legal act may divert from
Article 27 (2) a) in respect of educational institutions serving the protection
of linguistic or cultural identity or the purposes of a church, ethnic or other
minority.
Article
29
A government decree created
pursuant to the law or the authorization thereof may order an obligation to
give positive discrimination to a specified group of participants in education
within or outside the school system in respect of education or training.
Sale
of goods and use of services
Article
30
(1)
It is considered a particular violation of the principle of equal treatment if
at premises open to customers, particularly in catering, commercial, cultural
and entertainment establishments, and based on a characteristic defined in Article 8,
a) the provision of services or
sale of goods is denied or neglected,
b) the services provided and
goods sold are not of the same quality as those normally available at the
particular premises,
c) putting up a notice or sign
implying that a certain individual or individuals are excluded from the
provision of services or sale of goods at the premises.
(2) Entry into premises
established for a group defined by characteristics defined in Article 8
for the purposes of preserving traditions or maintaining cultural or self
identity and open to the immediate public may be limited or subject to
membership or specific conditions.
(3) The limitation in accordance
with paragraph (2) must be obvious from the name of the establishment and the
circumstances of the use of the service; and this shall not be done in a manner
humiliating and defamatory to individuals who do not belong to the particular
group, and furthermore it must not provide an opportunity for abusing the law.
CHAPTER
IV
REPUBLICAN
EQUAL OPPORTUNITIES PROGRAM
Article 31
(1) The objective of the
Republican Equal Opportunities Program (hereinafter: Program) is to prevent
negative discrimination and to promote the equal opportunities of certain
specific social groups in all aspects of life.
(2) The Program includes all
governmental measures serving the objective defined in Paragraph (1).
(3) Funds from the central budget
for the Program are ensured by the Act on the Budget of the Republic of
Hungary.
Article
32
(1) The Parliament approves the Program
every two years at the recommendation of the Government, after it has been
discussed with the relevant social and interest representation organizations and
the organizations representing employers’ and employees’ interests, based on
the proposal of the Minister responsible for the co-ordination of equal
opportunities issues.
(2) The Program forms an annex to
the Parliament’s resolution.
Article
33
(1) The Program analyses the
situation of the relevant groups of society and determines the objectives
promoting equal opportunities.
(2)
The Program includes
a) the measures required for changing
society’s approach in a positive direction,
b) the informative measures concerning
the possibilities of acting against violations of the law,
c) the measures required for improving
the situation of disadvantageous groups and reducing the discrepancies in the labor
market,
d) the measures required for improving
the participation of disadvantageous groups at all levels of decision-making,
e) the measures by the State increasing
the interest of employers in the effectiveness of the Program,
f) the measures required to
promote the access of disadvantageous groups to services connected with the
informational society,
g) the measures required for
increasing the participation of disadvantageous groups in elementary and higher
education, and
h) the legislative tasks required
for achieving the proposed objectives.
Article
34
The Government shall report to
the Parliament on the delivery of the Program within a year following the
relevant period.
Article 35
In harmony with the Program local
authorities can adopt local equal opportunities Program, which analyses the state
of the disadvantageous groups living in the settlement and defines the purposes
of promoting the equal opportunities of these groups. The equal opportunities Program
of the local authority comprises especially the purposes connected with the
duties performed by the local authority and with the local public affairs, the
demand of sources and the time of realization.
Article
36
Budgetary organs and legal
entities in state majority ownership employing more than fifty employees are
obliged to accept the equal opportunities plan under Article 70/A of Act XXII
of 1992 on the Labor Code (hereinafter: LC).
CHAPTER
V
AMENDED
LEGAL ACTS
Article
37
Article
76 of the Civil Code (hereinafter: CC) shall be amended as follows:
„Article 76 The violation of the
principle of equal treatment and freedom of conscience; any unlawful
restriction of personal freedom; injury of body and health; contempt for or
insult to the honor, integrity, or human dignity of private persons shall be
deemed as violations of inherent rights.”
Article
38
Article
2 (3) of Law Decree No 11 of 1979 on the implementation of punishments and measures
shall be replaced by the following:
„(3) The principle of equal
treatment shall be observed in respect of prisoners.”
Article
39
The
first sentence of Article 2 of Act IV of 1991 on the promotion of employment
and on the unemployment benefits shall be replaced by the following:
“The principle of equal treatment
shall be observed in the promotion of employment and unemployment benefits”
Article
40
Article
42 (1) of Act I of 1992 on cooperatives shall be replaced by the following:
„(1) Pursuant to the principle of
open membership, the principle of equal treatment shall be observed in the
acceptance of members and in determining the rights and obligations thereof.”
Article
41
(1)
Article 5 of LC and the previous subtitle shall be replaced by the following:
„The
principle of equal treatment
Article 5 (1) The principle of
equal treatment shall be observed in respect of the employment relationship.
(2) The consequences of the
violation of the principle of equal treatment shall be remedied as appropriate,
and shall not entail the violation or derogation of other employees’ rights.”
(2) In Article 68 (2) of the LC
the text “the rules of negative discrimination” shall be replaced by the text
“the principle of equal treatment”.
(3)
The following new subtitle and Article 70/A shall be added to the LC:
“Equal
Opportunities Plan
Article 70/A (1) The employer and
the trade union with a representation at the employer, or in the absence of a
trade union, the workers’ council, may jointly accept an equal opportunities
plan for a specific period of time.
(2)
The equal opportunities plan shall contain the analysis of the employment
situation of disadvantageous groups of employees gainfully employed by the
employer, especially of
a) women,
b) employees over forty years
old,
c) Romany Gypsies,
d) disabled people, and
e)
single parent employees raising two or more children under 10,
with particular regard to their
wages, working conditions, professional careers, training and subsidies related
to child-rearing and their parental role, and furthermore the objectives of the
employer in respect of ensuring equal opportunities proposed for the relevant
year and the resources required for the achievement thereof, with particular
regard to training, work safety and any other Programs introduced by the
employer affecting the conditions of employment.
(3) The special personal data
required for the preparation of the equal opportunities plan can only be
managed in accordance with the provisions of Act LXIII on the Protection of
Personal Data and the Publicity of Data of Public Interest, voluntarily
provided by the individuals concerned and until the last day of the period
incorporated in the equal opportunities plan.”
(4) In Article 100 (3) a), of the
LC, the text “the banning of negative discrimination” shall be replace by “the
requirement of equal opportunities”.
(5) In Article 106/A (1) g) of
the LC the text “the principle of equal treatment for men and women, and of
non-discrimination regulations” shall be replaced by “the principle of equal
treatment”.
(6) In Article 142/A (1) of the
LC the text “no unjustified discrimination shall be made among the employees”
shall be replaced by “the principle of equal treatment shall be observed”, and
in Paragraph (4) the text “so that it cannot result in negative discrimination
among the employees (Article 5)” shall be replaced by “shall comply with the
principle of equal treatment”.
(7)
Article 193/G (5) c) of the LC shall be replaced by the following:
„(Throughout
the duration of the work the borrower shall be considered the employer)
c) in
respect of the principle of equal treatment,
(and in respect
of observing the rules applicable to the records kept thereof.)”
(8)
The following new paragraphs h)-j) shall be added to Article 212 (2) of the LC:
“(Within the framework of Section 3 of
Act I of 1994 promulgating the Europe Agreement establishing an association
between the Republic of Hungary and the European Communities and their member
states, signed in Brussels on 16 December 1991, this Act contains regulations
designed to approximate the following legal regulations of the European
Communities:)
h)
Council Directive 75/117/EC on the approximation of the laws of the Member
States relating to the application of the principle of equal pay for men and
women,
i) Council Directive 92/85/EC on the introduction of
measures to encourage improvements in safety and health at work of pregnant
employees and employees who have recently given birth or are breastfeeding,
j) Council Directive 96/34/EC K on the framework
agreement on parental leave concluded by UNICE, CEEP and the ETUC.”
Article
42
(1) The text “in the banning of
negative discrimination [Article 5 (1)-(2) and (4)],” in Article 60 (3) a) of
Act XXIII of 1992 on the legal status of civil servants (hereinafter: CSA)
shall be replaced by “the principle of equal treatment” (Article 5 of the
LC),”.”
(2)
Article 71 (2) a) of the CSA shall be replaced by the following:
„(The
following provisions of the Labor Code shall apply as appropriate:)
a) Article 3 (1)-(4) , Article 4, Articles
5-12, Articles 15-19/A, Articles 21-28, Article 70/A, Article 74, Article 77,
Article 84/A, Article 85, Articles 86/B-86/D, Article 97, Article 102 (1)-(3) ,
Article 103 (1)-(2) and (4) , Article 104 (4)-(5) , Article 107, Article 117
(1) , Article 117/B (5) , Article 118 (2) , Article 118/A (4)-(5) , Article 119
(1)-(2) and (5), Articles 120-121, Articles 123-126, Article 127 (1)-(2) and
(6)-(7), Article 128 (1), Article 129, Article 130 (2) , Article 132 (1)-(3) ,
Article 133, Article 135-140/A, Article 142/A, Article 144 (1) , Article 151
(2)-(4) , Article 152-153, sentences 1 and 3 of Article 154 (1), Article
155-157, Articles 159-164, Article 165 (2), Article 166 (2) , Article 167 (1)
és (3) , Articles 168-169, Articles 171-172, Article 174, Articles 176-183,
Article 184 (1)-(2) , Article 185-187, Article 204-205, Article 207;”
Article
43
In Article 34 (3) a) of Act
XXXIII on the legal status of public servants the text „in the banning of
negative discrimination (Article 5 of the Labor Code),” shall be replaced by
“in the principle of equal treatment (Article 5 of the Labor Code),”.
Article
44
The
first sentence of Article 94/E (2) of Act III of 1993 on social administration
and social benefits shall be replaced by the following:
“The principle of equal treatment
shall be observed in providing social services.”
Article
45
(1) Article 4 (7)-(14) of Act LXXIX
of 1993 on public elementary education (hereinafter: PEA) shall be repealed,
and paragraph (15) shall be renumbered as paragraph (7).
(2)
The following new Article 4/A shall be added to the PEA:
“Article
4/A (1) Those involved in the organization, administration, operation and
performance of duties of elementary education shall observe the principle of
equal treatment in their decisions and measures related to children and pupils.
(2) Pursuant to the principle of
equal treatment, every child or pupil has the right to receive care of the same
standard and subject to the same conditions as others whose situation is
comparable to that of the child or pupil.
(3) The consequences of the
violation of the principle of equal treatment shall be remedied as appropriate,
and shall not entail the violation or derogation of other children’s or pupils’
rights.
(4) The violation of the
principle of equal treatment can be remedied in the scope of the procedure
regulated in this Act. Irrespective of its outcome, conducting a procedure
regulated in this Act does not exclude the possibility of enforcing the rights
related to the individual before the courts, or initiating another procedure
suitable for establishing responsibilities and its legal consequences.
(5) When applying this Article,
the provisions of Act on equal treatment shall also apply.”
(3) In Article 84 (7) of the PEA,
the text “conflicting with the banning of negative discrimination” shall be
replaced by “violating the principle of equal treatment”, and in Article 95/A
(4) the text “to the banning of negative discrimination” shall be replaced by
“to the principle of equal treatment”.
Article
46
In Article 6 (1) of Act LXXX of
1994 on the status of public prosecutors and the management of prosecution data
the text “to the banning of negative discrimination” shall be replaced by “to
the principle of equal treatment”.
Article
47
In Article 40 (5) of Act XL of
1995 on public procurements the text “causing their unjustified and negative
discrimination in any other manner” shall be replaced by “violates the
principle of equal treatment”.
Article
48
(1)
Article 6 of Act XLIII of 1996 on the Service of Professional Members of the
Armed Forces (hereinafter: AFA) and the previous subtitle shall be replaced by
the following:
“Principle
of equal treatment
Article 6 (1) The principle of
equal treatment shall be observed in respect of the service relationship.
(2) The armed forces shall,
without discrimination, ensure the opportunity for career advancement to
members of the regular armed forces solely on the basis of professional skills,
experience, performance and time spent in service, taking into consideration
the constraints applicable to rank and position.”
(2) In Article 197 (7) of the AFA
”in the banning of negative discrimination” shall be replaced by “in the
principle of equal treatment”.
Article
49
(1)
Article 16 (4) of Act of XLIV of 1996 on the conditions of national military
service (hereinafter: NMSA) shall be replaced by the following:
“(4) Attendance of, or abstaining
from, spiritual nurturing and attendance of, or abstaining from religious
ceremonies shall not result in the violation of the principle of equal
treatment.”
(2)
Article 30 (2) of the NMSA shall be replaced by the following:
“(2) His membership in a labor organization
or the lack thereof shall not result in the violation of the principle of equal
treatment in respect of the soldier doing his national service.”
Article
50
(1) In Article 1 (2) a) of Act
LXXV of 1996 on the supervision of labor affairs (hereinafter: LASA) the text
“banning of negative discrimination” shall be replaced by “principle of equal
treatment”.
(2)
Article 3 (1) d) of the LASA shall be replaced by the following:
“d) principle of equal
treatment,”
(3) Article 8 (4) of the LASA
shall be repealed.
Article
51
Article
61 of Act CXVI of 1996 on atomic energy shall be replaced by the following:
“Article 61 The provisions of this
Chapter shall be applied observing the principle of equal treatment.”
Article
52
Article
3 (2) of Act XXXI of 1997 on child protection and legal guardianship shall be replaced
by the following:
“(2) The principle of equal
treatment shall be observed in the course of protecting children.”
Article
53
Article
2 of Act CXL of 1997 on museum institutions, the supply of public libraries,
and public education shall be replaced by the following:
“Article 2 The rights set out
herein shall be enforced observing the principle of equal treatment.”
Article
54
(1) In Article 7 (1) of Act CLIV
of 1997 on Health (hereinafter: HA) the text “without discrimination” shall be
replaced by “complying with the principle of equal treatment”, and Article 7
(4) shall be repealed.
(2) In Article 9 (4) of the HA
the text “negative discrimination” shall be replaced by “the violation of the
principle of equal treatment”.
(3)
Article 30 (5) of the HA shall be replaced by the following:
„(5) The patient advocate shall
pay special attention to representing the rights of patients at a disadvantage
due to their age, physical or mental disability, health status or social
situation and to complaints concerning the enforcement of the principle of
equal treatment, and shall be authorized to represent the patient during
official procedures aimed at establishing the violation of the principle.”
Article
55
Article
25 (6) of Act XXVI of 1998 on the rights of and equal opportunities for
disabled persons shall be replaced by the following:
„(6) The National Disability
Council and the national interest representation organizations may also
initiate procedures against those violating the rights of disabled persons
granted by law and with a view to enforcing the rights of disabled persons if
the infringement concerns a larger group of people that cannot be precisely
defined.”
Article
56
(1)
Article 1 (1) of Act XLIII of 1999 on cemeteries and burials (CBA) shall be
replaced by the following:
„(1) Every person is entitled to a proper and
dignified funeral and to the paying of respects at the deceased’s resting
place.”
(2)
Article 17 (2) of the CBA shall be replaced by the following:
„(2) The operator shall observe
the principle of equal treatment in respect of funeral service providers.”
Article
57
(1) In Article 90 (1) of Act
LXXVI of 1999 on copyrights (hereinafter: CRA) the text “also enforced without
unjustified discrimination” shall be replaced by “complying with the principle
of equal treatment”.
(2)
Article 90 (4) of the CRA shall be replaced by the following:
“(4) The principle of equal
treatment shall be observed in the application of the tariff rates.”
Article
58
The
last sentence of Article 46 (2) of Act CXLI of 2000 on new cooperatives shall
be repealed, and Article 51 shall be supplemented by the following paragraph
(3):
“(3) The principle of equal
treatment shall be observed when admitting members and laying down the rights
and obligations thereof.”
Article
59
Article
6 and the previous subtitle of Act XCV of 2001 on the legal status of the
professional and contracted military personnel shall be replaced by the
following:
“Principle
of equal treatment
Article 6 The principle of equal
treatment shall be observed in respect of the service relationship.”
Article
60
(1) In the Preamble of Act CX of
2001 on electricity (hereinafter: EA) the text “without negative
discrimination” shall be replaced by “in compliance with the principle of equal
treatment”.
(2) In Article 33 (1) of the EA
the text “without applying negative discrimination” shall be replaced by
“without prejudice to the principle of equal treatment”.
(3) In Article 43 (3) of the EA
the text “shall not apply negative discrimination” shall be replaced by “shall
observe the principle of equal treatment”.
(4)
Article 50 (2) of the EA shall be replaced by the following:
„(2) The principle of equal
treatment shall be observed during the approval procedure.”
Article
61
(1) In Article 69 (3) of Act CXX
of 2001 on the capital market (CMA) the text “contains any negative
discrimination or would result in such discrimination” shall be replaced by
“violates the principle of equal treatment”.
(2) In Article 74 (4) of the CMA
the text “make a negative discrimination” shall be replaced by “to violate the
principle of equal treatment”.
(3)
The second sentence of Article 225 (2) of the CMA shall be replaced by the
following:
“The Regulation must not violate
the principle of equal treatment in respect of the individual members of the
Fund and must not jeopardize the safe management of the Fund.”
(4)
Article 317 (5) of the CMA shall be replaced by the following:
“(5) The stock exchange
regulations shall observe the principle of equal treatment in terms of
individual traders and issuers.”
(5)
Article 345 (4) of the CMA shall be replaced by the following:
“(4) The business rules and
regulations shall ensure that the principle of equal treatment is observed in
respect of the clients of the organization operating as a clearing house.”
Article
62
In Article 30 (3) of Act XLII of
2003 on the supply of natural gas the text “free of negative discrimination”
shall be replaced by “complying with the principle of equal treatment”, in
Article 30 (5) the text “must not contain unjustified discrimination” shall be
replaced by “must not violate the principle of equal treatment”, and in Article
33 (15) the text “observing the banning of negative discrimination” shall be
replaced by “observing and in compliance with the principle of equal treatment”.
CHAPTER
VI
CLOSING
PROVISIONS
Article
63
(1) With the exception set out in
Paragraph (2)-(3), this Act shall come into force on the 30th day
following its promulgation.
(2) Article 13-Article 17, the text “ , and the Authority” in Article 18
(1), and Article 20 (1) b) shall come into force on 1 January 2005.
(3) Article 31-34 shall come into
force on 1 January 2004.
(4) The Government shall present
the National Equal Opportunities Program for the first time to the Parliament
in sufficient time so that it can come into force on 1 January 2005.
(5) The equal opportunities plans
under Article 36 of this Act shall be accepted for the first time by 31
December 2004 at the latest.
Article
64
The Government is granted
authority to lay down the detailed rules applicable to the organization and
procedure of the Authority in a decree.
Article
65
This Act contains regulation in harmony with the
provisions concerning law approximation of the Europe Agreement establishing an
association between the European Communities and their Member States on the one
part and the Republic of Hungary on the other part, signed in Brussels on 16
December 1991 and promulgated by in Act I of 1994, compatible with the
following legal acts of the European Union:
a) Council Directive 76/207/EEC on the implementation
of the principle of equal treatment for men and women as regards access to
employment, vocational training and promotion, and working conditions and
Council Directive 2002/73/EC amending the above Directive,
b) Council Directive 79/7/EEC on the progressive
implementation of the principle of equal treatment for men and women in matters
of social security,
c) Council Directive 86/378/EEC on the implementation
of the principle of equal treatment for men and women in occupational social
security schemes,
d) Council Directive 86/613/EEC on the application of
the principle of equal treatment between men and women engaged in an activity,
including agriculture, in a self-employed capacity and on the protection of
self-employed women during pregnancy and motherhood,
e)
Council Directive 97/80/EC on the burden of proof in cases of discrimination
based on sex,
f) Council Directive 2000/43/EC implementing the
principle of equal treatment between persons irrespective of racial or ethnic
origin,
g) Council Directive 2000/78/EC
establishing a general framework for equal treatment in employment and
occupation.