HUNGARY-ABORTION-TBs-CEDAW

Concluding Observations on Report 9 (2023) (Link)

Regression in the promotion of gender equality

9. The Committee is deeply concerned about retrogressive movements seeking to exclude reference to gender from the political, educational and social discourse in the State party, and that the State party’s equality policy is based exclusively on a concept of the family in which the role of a woman is primarily viewed as that of wife and mother. It notes with concern the rise in stereotypical attitudes about the roles and responsibilities of women and men in the family and in society, as well as the current unavailability of gender studies in public universities. The Committee recalls that the realization of women’s human rights and the empowerment of women in all fields of life must go beyond the family. It further notes with concern the backlash against women’s rights in the legislation of the State party and in political and public life. The backlash undermines the administration of justice and the separation of powers, the right to abortion, protection from discrimination against women belonging to minorities, migration policies, the right to asylum, jeopardizing women’s human rights and the rule of law in the State party as well as achievements made in recent years in the advancement of gender equality.

 10. The Committee urges the State party to uphold the human rights of women and girls in all their diversity, the rule of law and the independence of the judiciary. It recommends that the State party take measures to address anti-gender public discourse and expand capacity-building on gender equality for government officials, parliamentarians, leaders of political parties and religious movements, as well as public and private media professionals, and also expand the availability of gender studies in public universities, and ensure broad and participatory consultation and collaboration with civil society, in particular women’s rights organizations, in the formulation, adoption and implementation of legislation, policies and programmes in relation to the elimination of discrimination against women and the promotion of gender equality.

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Health

35. The Committee remains concerned:

(a) That despite the fact that the termination of pregnancy is legal in the State party, medical abortion is not available, and, according to the amendment of September 2022 to regulation No. 32/1992 (XII.23), women who require an abortion are required to undergo two sessions of counselling and a mandatory three-day waiting period and to listen to the fetus’ heartbeat before abortion…

36. In line with its general recommendation No. 24 (1999) on women and health, and targets 3.1 and 3.7 of the Sustainable Development Goals, the Committee recommends that the State party:

(a) Repeal the amendment to the regulation No. 32/1992 (XII.23) and ensure unimpeded and adequate access to legal abortion and post-abortion services for all women in the State party, including by ensuring that institutions are precluded by law from raising conscientious objections, defining the grounds on which it is permissible for health professionals to raise such objections and guaranteeing mandatory referrals in cases of conscientious objections…

… (e) Integrate mandatory education on sexual and reproductive health and rights in school curricula, including education on responsible sexual behaviour, modern forms of contraception, the prevention of sexually transmitted infections and the risks of unsafe abortion, and provide related training for teachers.

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Concluding Observations on Report 7-8 (2013) (Link)

Health

30. The Committee notes the State party’s statement that the new article in the FundamentalLawprotectinglifefromthemomentofconceptionwillnotbeusedtorestrict the present legislation and the access of women to abortion. The Committee is concerned about campaigns, including a recent poster campaign, supported by the State party that stigmatize abortion and seek to negatively influence the public view on abortion and contraception; the limited access to emergency contraceptives; the subjection of women who want surgical abortion to biased mandatory counselling and a three-day medically unnecessary waiting period; and at the increasing resort to conscientious objection by health professionals in the absence of an adequate regulatory framework. The Committee is also concerned at the limited access to modern, efficient methods of contraception, and the lack of choice for women on whether to give birth at home or in the hospital, due to various obstacles, including the non-recognition of midwives as independent professionals.

31. The Committee urges the State party to:

(a) Cease all negative interference with women’s sexual and reproductive rights, including by ending campaigns that stigmatize abortion and seek to negatively influence the public view on abortion and contraception;

(b) Provide adequate access to family planning services and affordable contraceptives, including emergency contraception, to all women including women with disabilities, Roma women, women living with HIV/AIDS and migrant and refugee women, i.e., by covering the costs of range of modern contraceptives under the public health insurance and eliminating the prescription requirement for emergency contraception;

(c) Ensure access to safe abortion without subjecting women to mandatory counselling and a medically unnecessary waiting period as recommended by the World Health Organization;

(d) Establish an adequate regulatory framework and a mechanism for monitoring of the practice of conscientious objection by health professionals and ensure that conscientious objection is accompanied by information to women about existing alternatives and that it remains a personal decision rather than an institutionalized practice; and

(e) Ensure women’s choice to give birth at home or in the hospital by recognizing trained midwives as independent professionals and by elaborating a legal framework and guidelines on security of home deliveries, and providing training of obstetricians.

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Concluding Observations on Report 6 (2007) (Link)

28. While noting the screening programmes and other measures taken to prevent cancer among women, the Committee remains concerned about the high rates of mortality among women due to cancer. The Committee is also concerned that, while the abortion rate has decreased, it remains relatively high. It is further concerned that a comprehensive range of contraceptives is not widely available.

29. The Committee urges the State party to take concrete measures to enhance and monitor access to health-care services for women, including in rural areas, in accordance with article 12 of the Convention and the Committee’s general recommendation 24 on women and health. The Committee recommends the strengthening of measures to prevent breast, lung, cervical and colon cancer among women. It requests the State party to strengthen measures aimed at the prevention of unwanted pregnancies, including by making a comprehensive range of contraceptives more widely available, without any restriction, and by increasing knowledge and awareness about family planning. The Committee requests the State party to include in its next report further information on women’s health and on the impact of measures it has taken to improve women’s health, as well as information on women’s access to health-care services, including family planning.

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Concluding Observations on Report 4-5 (2002) (Link)

329. While noting that abortion rates have fallen in the reporting period, the Committee remains concerned about the high rate of abortion among women, including young women without children, and the possible connection to difficulties in accessing family planning methods and the prohibitive cost of contraceptives, particularly for women with low incomes.

330. … The Committee calls on the State party to take all appropriate measures to foster responsible sexual behaviour and take all appropriate steps to stop the use of abortion as a means of birth control.

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Concluding Observations on Report 3 (1996) (Link)

242. The Committee particularly appreciated the legislative and structural reforms recently introduced by the Government to guarantee women’s social and political rights, including the Embryo Protection Act, which has considerably reduced the number of induced abortions.

254. In addition, the state of health of the female population was unsatisfactory when judged by international standards. In particular, the high cost of contraceptives prevented women from freely planning when to have children. The very high increase in the rate of abortions was of concern to the Committee.

260. The Committee requested the Government to offer sex education programmes to all young people and to subsidize contraceptives in order to promote family planning and reduce the number of abortions.

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Concluding Observations on Report 2 (1988) (Link)

[no mention]

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Concluding Observations on Report 1 (1984) (Link)

39. Information was requested as to whether women had free access to abortion and what penal measures existed in the field of prostitution.

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