The fundamental law of Hungary*



FREEDOM AND RESPONSIBILITY

Article I

(1) The inviolable and inalienable fundamental rights of MAN shall be respected. It is the primary obligation of the State to protect these rights.

(2) Hungary recognises the fundamental individual and collective rights of Man.

(3) The rules for fundamental rights and obligations shall be laid down in an Act. A fundamental right may only be restricted to allow the application of another fundamental right or to protect a constitutional value, to the extent absolutely necessary, proportionate to the objective pursued and with full respect for the essential content of such fundamental right.

(4) Fundamental rights and obligations which by their nature apply not only to Man shall be guaranteed also for legal entities established by an Act.

Article II

Human dignity is inviolable. Everyone shall have the right to life and human dignity; the life of the foetus shall be protected from the moment of conception.

Article III

(1) No one shall be subject to torture, inhuman or degrading treatment or punishment, or held in servitude. Trafficking in persons shall be prohibited.

(2) It shall be prohibited to perform medical or scientific experiment on human beings without their informed and voluntary consent.

(3) Practices aimed at eugenics, the use of the human body or its parts for financial gain, as well as the cloning of human beings shall be prohibited.

Article IV

(1) Everyone shall have the right to liberty and security of the person.

(2) No one shall be deprived of liberty except for reasons defined in an Act and in accordance with a procedure defined in an Act. Life imprisonment without parole may only be imposed for the commission of intentional and violent criminal offences.

(3) Any person suspected of having committed a criminal offence and taken into detention shall, as soon as possible, be released or brought before a court. The court shall be obliged to hear the person brought before it and shall immediately make a decision with a written reasoning to release or to arrest that person.

(4) Everyone shall have the right to compensation, whose liberty has been restricted without a well-founded reason or unlawfully.

Article V

Everyone shall have the right to repel any unlawful attack against his or her person or property, or one that poses a direct threat to the same, as provided for by an Act.

Article VI

(1) Everyone shall have the right to have his or her private and family life, home, communications and good reputation respected.

(2) Everyone shall have the right to the protection of his or her personal data, as well as to access and disseminate data of public interest.

(3) The application of the right to the protection of personal data and to access data of public interest shall be supervised by an independent authority established by a cardinal Act.

Article VII

(1) Everyone shall have the right to freedom of thought, conscience and religion. This right shall include the freedom to choose or change one’s religion or other belief, and the freedom of everyone to manifest, abstain from manifesting, practise or teach his or her religion or other belief through religious acts, rites or otherwise, either individually or jointly with others, either in public or in private life.

(2) By means of a cardinal Act, Parliament may recognise certain organisations performing religious activities as churches, with which the State shall cooperate to promote community goals. The provisions of a cardinal Act concerning the recognition of churches may be the subject of a constitutional complaint.

(3) The State on the one hand and the churches and other organisations performing religious activities on the other hand shall operate separately. Churches and other organisations performing religious activities shall be autonomous.

(4) The detailed rules relating to churches shall be laid down in a cardinal Act. As a requirement for the recognition of any organisation performing religious activities as a church, a cardinal Act may prescribe an extended period of operation, social support and suitability for cooperation to promote community goals.

Article VIII

(1) Everyone shall have the right to peaceful assembly.

(2) Everyone shall have the right to establish and join organisations.

(3) Political parties may be formed and may operate freely on the basis of the right to association. Political parties shall participate in the formation and expression of the will of the people. Political parties shall not exercise public power directly.

(4) The detailed rules for the operation and financial management of political parties shall be laid down in a cardinal Act.

(5) Trade unions and other interest representation organisations may be formed and may operate freely on the basis of the right to association.

Article IX

(1) Everyone shall have the right to freedom of speech.

(2) Hungary recognises and protects the freedom and diversity of the press, and ensures the conditions for free dissemination of information necessary for the formation of democratic public opinion.

(3) For the appropriate dissemination of information necessary for the formation of democratic public opinion and to ensure the equality of opportunity, political advertisements may only be published in media services free of charge. In the campaign period prior to the election of Members of Parliament and of Members of the European Parliament, political advertisements published by and in the interest of nominating organisations setting up country-wide candidacy lists for the general election of Members of Parliament or candidacy lists for the election of Members of the European Parliament may only be published by way of public media services and under equal conditions, as provided for by a cardinal Act.

(4) The right to freedom of speech may not be exercised with the aim of violating the human dignity of others.

(5) The right to freedom of speech may not be exercised with the aim of violating the dignity of the Hungarian nation or of any national, ethnic, racial or religious community. Members of such communities shall be entitled to enforce their claims in court against the expression of an opinion which violates the community, invoking the violation of their human dignity, as provided for by an Act.

(6) The detailed rules relating to the freedom of the press and the organ supervising media services, press products and the communications market shall be laid down in a cardinal Act.

Article X

(1) Hungary shall ensure the freedom of scientific research and artistic creation, the freedom of learning for the acquisition of the highest possible level of knowledge, and, within the framework laid down in an Act, the freedom of teaching.

(2) The State shall have no right to decide on questions of scientific truth; only scientists shall have the right to evaluate scientific research.

(3) Hungary shall protect the scientific and artistic freedom of the Hungarian Academy of Sciences and the Hungarian Academy of Arts. Higher education institutions shall be autonomous in terms of the content and the methods of research and teaching; their organisation shall be regulated by an Act. The Government shall, within the framework of an Act, lay down the rules governing the financial management of public higher education institutions and shall supervise their financial management.



Latest Video
Speech of President János Áder At United Nations' General assembly
25th September 2012
Speech of President János Áder
At United Nations' General assembly