Hungarian Equal Treatment Authority

Date established

February 2005

Mode of establishment

By Act CXXV of 2003 on equal treatment and the promotion of equal opportunities, as a public administration body.

Status

The Authority is an autonomous administrative body since 1^st February 2012.

The Authority is independent, is subjected exclusively to the law, cannot be instructed in its performance of its duties, and fulfils its work independently from other administrative bodies without any influence. Any duty of the Authority may be prescribed only by law.

The Authority fulfils executive duties set out by Article 14. of the EC Directive 1107/2006 of the Parliament and the Council of July 5, 2006 on the rights of disabled passengers and passengers with reduced mobility on aircrafts with exceptions set out by government decree.

Mandate/objectives

The Authority supervises compliance with the principle of equal treatment.

The Hungarian Equal Treatment Authority safeguards the values embraced by the so called equality directives. Although it has parallel jurisdiction with other specialized administrative bodies (e.g. National Employment Service), it is in fact the only body which is able to meet the requirements set out by the equality directives. As of its inception, it has heavily relied on its broad statutory powers conferred upon it to fight discrimination.

While the authority often uses its power to impose a fine, it also places great emphasis on settling legal disputes. This latter role has become even more important in the aftermath of this economic downturn which has an adverse impact on the liquidity of the law breakers as well. While this consideration cannot dominate its decision-making process, the authority seeks to strike a delicate balance between liquidity and prevention.

Finally, the Hungarian equality body increasingly focuses on awareness raising as well both by publishing its relevant decisions (web page, monthly newsletter, press conferences) and holding equality trainings throughout the country. The latter activity is supported by the European Social Fund.

Grounds of discrimination covered

The grounds are: sex, racial origin, colour, nationality, national origin, mother tongue, disability, state of health, religious or ideological conviction, political or other opinion, family status, motherhood (pregnancy) or fatherhood, sexual orientation, sexual identity, age, social origin, financial status, the part-time nature or definite term of the employment relationship or other relationship related to employment, the membership of an organisation representing employee’s interests, other status, attribute or characteristic.

See Article 8 of Act CXXV of 2003

Competences and responsibilities

The Authority keeps the provisions of the Act under review and makes recommendations to Government for its amendment, regularly informs the public and the Government about the situation concerning the enforcement of equal treatment and co-operates with social organisations, organisations representing civil society and relevant state bodies such as ministries, employment offices, consumer protection agencies and tribunals.

Main activities

• giving legal advice to complainants;

• seeking to achieve settlement of the matter by giving an opinion in a case which can from the basis of an agreement between the parties. The opinion is binding on the parties and failure to follow it can result in imposition of a sanction by the Authority if one of the parties reports the non-compliance with the agreement to the Authority;

• independent investigation in individual cases;

• ex-officio proceedings, i.e. the Authority shall take action on behalf of the complainant/victim in cases where the principle of equal treatment is violated by the Hungarian State, local and minority governments and all bodies thereof, organisations exercising powers as authorities, the armed forces and policing bodies;

• legal standing to intervene in judicial review cases concerning claims of discriminatory behaviour against public authorities. To assist one of the parties, but only if one of the parties is another public administrative body. For example, if the Employment Office or the Consumer Protection Agency establishes a violation of equal treatment and the respondent turns to the court with a request to change the decision, the Authority has the right to help in order to strengthen the argument of the Employment Office or the Agency before the courts;

Publications

These are produced regularly and appear on the website at www.egyenlobanasmod.hu and in the Newsletter edited monthly and send out to the MP-s, NGOs, co-authorities, experts, equal rapporteurs etc.

Management

The Authority is led by the President. The President is appointed (on 15 September 2010) and may be dismissed by the Prime Minister on a recommendation of the Minister of Administration and Justice. The appointment is for 9 years.

Advisory Board

The Equal Treatment Act required the establishment of an advisory body assisting the Authority with issues of strategic importance.

It consists of 6 anti-discrimination experts with outstanding experience appointed after an extensive consultation process.

The Board has co-decision powers with the Authority on the adoption of proposals for Government decisions and draft legislation relating to equal treatment and on reporting in general.

Position-papers of the Advisory Body are non-binding interpretations of the law.

Nomination of senior staff and board

The Vice-president and the staff members are appointed by the President of the Authority for an unlimited period of time.

Number of staff

15 persons

Budget

EUR 450.000 EUR/year

Accountability

The ETA is required to report every 6 months to the State Treasury (budgetary report).

Promotion of equality

Promotion of equality in the equal Treatment Act

Article 11 of the equal Treatment Act says that “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 Electoral Procedures is executed in line with the party’s fundamental rules. 

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.

In charge of promotion of equality, the Ministry for Administration and Justice has a State Secretariat responsible for social close-up.

The Authority implemented an EU funded project (duration: April 2009 – June 2013) in charge of promotion of equality called Fight against discrimination – raising awareness and supporting the work of the Authority. Within this program there is a regular training available to public also to professionals concerning the field on equality matters based on the Authority’s experience and case law.

Address

EgyenlÅ‘ Bánásmód Hatóság (Equal Treatment Authority)
1024 Budapest
Margit krt. 85
Main telephone number:00-36-1-336-7843
Phone: +36-1-336-7843
Email: ebh@ebh.gov.hu
fax: +36-1-336-7445

President:
Dr. Ágnes Honecz
Tel: +36-1-336-7842
agnes.honecz@ebh.gov.hu

Contact details

Dr. Katalin Gregor
Legal Adviser
Ph: +36 1 336 7849
katalin.gregor@ebh.gov.hu

Further information

www.egyenlobanasmod.hu