Socio-economic rights: Right to Adequate Housing
Introduction:
Hungary’s constitution called the Fundamental Law, and the country’s regulatory framework, do not explicitly discriminate Hungarian citizens on the basis of age, ethnicity, language or religion. However, a number of regulations and policies implicitly discriminate against specific groups. Others are regressive to the extent they discriminate on a socio-economic basis, jeopardizing fundamental socio-economic rights, especially the right to housing and the right to adequate living standards of Hungarian citizens. Hungary’s regulatory framework is questionable regarding implicit discriminatory measures against homeless people and the Roma specifically, often concealed in legislation which in itself is implicitly anti-poor.
Criminalization of homelessness:
In October 2018 the Hungarian Parliament adopted an amendment, submitted by the Government, to the Fundamental Law, (the constitution) and has added a paragraph, stating that “using a public space as a habitual dwelling shall be prohibited.” Act II of 2012 on Misdemeanors has also been supplemented with a new section, according to which people residing in public premises will be issued a notice by the Police, and have to leave or go to a shelter. If they are given notice 3 times within 90 days, the next time the Police has to start a petty offense procedure, after which homeless people face enrollment in a compulsory work program or sentenced to jail, and their property can be confiscated.
Critique:
According to the UN Special Rapporteur on adequate housing ‘laws that criminalize homelessness, vagrancy or sleeping rough, along with street cleaning operations to remove homeless people from the streets, have a direct impact on their physical and psychological integrity.’ As we saw in the first months following the adoption of the new law, If people living in homelessness have to hide from the Police, it will also become hard to keep in touch with social workers. The freedom of movement is also not guaranteed if the state obliges people to go to night shelters against their will. The law makes possible the threatening and humiliating of homeless people, and strengthen growing prejudice against them.
Recommendations:
Homelessness should not be treated as a crime, but needs intervention on the government policy level by strengthening the social security net.
● Immediately abolish the criminalization of homelessness.
● In order to end homelessness, the Government shall adopt a national housing strategy to ensure safe and adequate housing for most vulnerable groups.
● Improve conditions in night shelters and provisional shelters, increase capacity and decrease the number of people staying in the same room.
Family Housing Allowance:
The current Family Housing Allowance (FHA) scheme was introduced in 2015, and modified multiple times since then. It replaced previously existing social policy schemes, which provided financial support for families with children for purchasing their own home. Unlike previous schemes, the current FHA scheme does not have any social targeting; and it also aims to boost the housing market and new construction.
Housing Maintenance Support:
The Housing Maintenance Support, targeted directly at households in need, is allocated at the municipal level. Central budget funding for this and other socially targeted support forms was cut significantly in the 2015 reform of social benefits, after which much of the socially targeted benefit forms were also reallocated directly into municipal scope. The number of families eligible for the benefit dropped massively after 2010; and the average monthly amount of the benefit varied between HUF 3,080 and 3,936 in the late 2010s. The amount itself shows a striking difference between central budget funded support for persons in need, and persons with significant savings, and illustrates the level of regressive ness of housing support forms in Hungary.
Conclusion:
The above written critiques and recommendations cover only part of the housing problems that the Hungarian social policy system and society is facing. Other shortcomings of the system are not covered in this document, such as the lack of home care for the elderly, problems of accessibility, ‘energy poverty’ and overcrowded housing. The situation of residential segregation of Roma people also violates human right principles. Housing poverty can be attributed also to crimes of coercion and forced work, therefore the consideration of the above defined recommendations could lead to a healthier society in many ways.
Also Read: Standardization of Building Codes, Standards and Specifications for Low-Cost (Affordable) Units