Implementation of the plan of the National Campaign carried out within the framework of the Council of Europe Campaign to Combat Violence against Women, including Domestic Violence
In January 2007 the Ministry of Social Affairs and Labour along with NGOs and experts established a thematic working group in order to work out the plan of the National Campaign, which contained the following elements.
1. Opening conference
The opening conference of the Campaign was organized in the salon of the Hungarian Parliament on 24th of May 2007.
It was opened by Ms. Edit Rauh, State Secretary responsible for equal opportunities, and 100 participants took part in the event. The aim of the conference was introducing the Council of Europe Campaign to Combat Domestic Violence against Women. The following experts gave a speech:
- Ms. Rosa Logar, a member of the expert-group of the Council of Europe Campaign to Combat Domestic Violence against Women.
- Ms. Klára Sándor, the contact person of the Campaign between Council of Europe and Hungarian Parliament
- Ms. Edit Rauh, high- ranking official responsible for the Campaign
- Mrs. Ernőné Mózes, from the Regional Crisis Management Network of Kaposvár
- Mr. József Zelenák, from the OKIT (National Crisis and Information Helpline)
- Ms. Erika Urbán, from a shelter
- NANE NGO (Association of Women for Women Together Against Violence)
- The experts of the Hungarian Regional Crisis Management Centers
2. Webpage (www.stopcsbe.hu )
1. Documents from the webpage of the Council of Europe Campaign and their Hungarian versions
2. Hungarian documents which are issued during the Campaign
3. Developments in legislation and law enforcement
4. Useful links for the victims, supporters, legislators and lawyers
Page refresh: From the 31st April 2007, continuously
Translation: Prepared by a translation agency commissioned by the Ministry of Social Affairs and Labour
Start : 31st April 2007
3. Application for the press
Call for application: The Ministry called for applications in September 2007
Name of the prize: “Purple ribbon prize”
Name of the application: “Hungarian Press for combating domestic violence against women”
Aim of the application: for the press is
- to avoid the spreading of stereotypes and misconceptions about domestic violence
- to help in the prevention of domestic violence with authentic and balanced information
- to become a partner in the enforcement of the principle of zero tolerance against domestic violence.
- To avoid the stereotypes and the blaming of victims in their news
- Broadcast programs dealing with the issue in a professional manner and programs which are based on the respect for the fundamental human rights of women
- Presenting the documents of the Campaign to Combat Violence against Women, including Domestic Violence
- Training their staff about the adequate ethical attitude of the press in connection with violence against women
When a publication presented the different manifestations of violence against women in a sensation – hunting manner, and the jury became aware of it, it excluded the publication from the application automatically.
Categories: A) Hard copy and electronic version of written publications, B) televisions and radios, C) civil media
Designing of the prize: industrial designer requested by the Ministry of Social Affairs and Labour
Awards ceremony: In the closing conference of the Campaign, on 1st April 2008.
The application will be called for by the Ministry of Social Affairs and Labour every year.
4. Road show
The Geopolitical Institute Public Utility Foundation public benefits organization and the Crisis Centers in cooperation with the local press (televisions, radios, newspapers and electronic press) using the material of the Campaign, organized local round-table discussions and press conferences in 19 counties and in the capital.
Date: 30th May 2007 – 28th February 2008
- Dr. Klára Sándor, Member of Parliament, rapporteur of the Council of Europe
- Mrs. Irén Ádámné Dunai, Deputy Head of Department for Gender Equality of the Ministry of Social Affairs and Labour
- Ms. Györgyi Tóth, from NANE
- Dr. István Pintér, head of the Geopolitical Institute Public Utility Foundation
Participants: Representatives from the local press, experts and the staff of the Crisis Centers, judges, prosecutors, NGO’s. It was remarkable that experts actually dealing with this issue were highly represented. Employees form the local police participated actively in these programs, but we couldn’t draw the attention of the attorney organization. Observing this fact the Geopolitical Institute contacted the head of the educational department of the Chief Prosecutor’s Office in order to make the prosecutors participate. The most important participants of the Bench came from Nyíregyháza, while other cities didn’t show much interest.
The most enthusiastic participants were the representatives of the local press, not only the local TV, but also the regional studios of the Hungarian National Television; local radios, and online editorial offices were involved in the event. As the press was a stressed target group, they got extra handouts. The multiplication of the DVD containing the material and the spot of the International Conference on domestic Violence against women is in progress.
Press work: the main target group of the National Campaign was the representatives of the local press. Through them we tended to mobilize the local media to deal with this issue and to recognize its importance. We had sent them an edited DVD beforehand and initiated a report or discussion on domestic violence.
Summarizing: the participants were active. By their critics and questions they reminded us of the weak points of the structure which should deserve our attention in the future.
The OKIT will continue the road show in 2008.
5. Statutory Instruments
Tasks: reviewing of the current legislation about domestic violence against violence; drafting proposals and concrete modifications.
Coordination: working group coordinator
Deadline for the revision: The drafting of proposals and modifications is in progress.
Parliamentary handbook, in paper version as well:
- coordination: Ministry of Social Affairs and Labour
- Its Hungarian version was presented in the Closing Conference, on 1st April 2008
Information sheets for the road show :
7. Closing Conference of the National Campaign carried out within the framework of the Council of Europe Campaign to Combat Violence against Women, including Domestic Violence
Moderator: Irén Ádámné Dunai, Deputy Head of Department for Gender Equality of the Ministry of Social Affairs and Labour
The Conference was opened by Dr. Mónika Lamperth, Minister of Social Affairs and Labour
- Ms. Regina Rusz on behalf of the Austrian Embassy
- Ms. Anna Salovaara on behalf of the Finnish Embassy, Second - Secretary
- Mr. René Buus on behalf of the Danish Embassy
- Mr. Ksenija Szkrilec on behalf of the Slovenian Embassy, Deputy - Ambassador
- Ms. Janneke Faber on behalf of the Dutch Embassy, Second - Secretary
- Mr. Vasili Mircus on behalf of the Moldovan Embassy
- Dr. Tímea Szabóné Müller, chairperson of the Gender Equality Subcommittee of the Human Rights, Minority, Civil and Religion Committee of the Hungarian Parliament
- Mr. Zoltán Balog, chairperson of the Human Rights, Minority, Civil and Religion Committee
- Dr. Dezső Avarkeszi, chair person of the Committee of Constitution, Justice and Statutes
- Ms. Györgyi Tóth, head of NANE
- Dr. István Pintér, head of the Geopolitical Institute
- Ms. Judit Wirt, member of NANE (Women’s Rights Association)
Awards Ceremony: “Purple Ribbon Prize”
Final Reports on National Campaign action carried out within the framework of
the Council of Europe Campaign to Combat Violence against Women,
including Domestic Violence
Thematic areas of the Blueprint
1. Legal and policy measures
- You are expected to provide information on revised and/or new legislation adopted to prevent violence against women, protect the victim and punish the perpetrator or any initiatives taken to this extent.
Harassment, Criminal Code, 1978. IV. Law 176/A § (enacted by 2007. CLXII. Law 4. §)
§ (1) The person, who regularly or durative harasses somebody else in order to terrify him/her, or to horn in his/her private life arbitrarily; who tries to make contact with somebody else through a telecommunication instrument or personally against his/her will, in the case of a non serious crime, is guilty of a misdemeanour of the first degree and punishable by maximum one year prison sentence, or community service, or penalty.
(2) The person who makes threat of personal violence or public endangerment in order to terrify somebody else is guilty of a misdemeanour of the first degree and punishable by maximum two years prison sentence, or community service, or penalty.
(3) The person who perpetrates harassment against
a) his/her ex spouse or ex common-law spouse
b) a person who is breeded or attended by the perpetrator is punishable in the first case (1) by maximum two years prison sentence, or community service, or penalty and in the second case (2) by maximum three years prison sentence.
Restraining, Criminal Code, 1998. XIX: Law 138/A, 138/B § (enacted by 2006. LI. Law 59. §)
138/A § (1) Restraining restricts the right of the accused to free movement and free choice of the place to stay. The accused under the effect of restraining shall, in line with the rules established by the court decision
a) leave the dwelling specified by the court and keep away from such dwelling for a period prescribed by the court,
b) keep away from the person specified by the court, and from the place of residence, place of work, education/training institution, attended by the person specified by the court, from the health institution regularly visited by such person for health treatment, from building visited on a regular basis to exercise his/her religion, for the period specified by court,
c) refrain from directly or indirectly contacting the person specified by the court.
(2) Restraining may be ordered in the case of a well-founded suspicion of a criminal act to be punished by prison sentence – assuming that the goals intended to be accomplished through restraining – if pre-trial detention of the accused is not necessary but – particularly in view of the nature the criminal act, the behaviour of the accused prior and during the procedure and the relationship between the accused and the aggrieved party – there is good reason to assume that if the accused is permitted to stay in the residential environment.
a) he accused could prevent, complicate or threaten the evidentiary procedure by influencing or intimidating the aggrieved witness, or
b) would carry out the attempted or prepared criminal act or would commit another criminal act punishable by prison sentence, against the aggrieved party.
(3) If the criminal procedure is based on a private motion the restraining order shall not be issued prior to the submission of the private motion.
(4) Decision on issuing the restraining order shall be made by the court. In such decision the court may prescribe that the accused calls at regular intervals at the investigating authority conduting the criminal procedure constituting the basis of restraining.
(5) The decision ordering restraining shall be forwarded to the prosecutor even if the ordering of restraining was initiated by the aggrieved party, the representative of the aggrieved party or by the legal representative of the minor living in the same household with the accused [Article 138/B (2) d)-f)].
(6) Until the submission of the bill of indictment the criminal investigation authority or the prosecutor, after the submission of the bill of indictment the court shall – after hearing the accused – promptly take the measures regulated in Article 128.
138/B § (1) Restraining shall be ordered by the court for a period between 10 and 30 days.
(2) Ordering of restraining may be initiated by
a) the prosecutor,
b) the civil suitor,
c) the substitute civil suitor,
d) the aggrieved party,
e) legal representative of the aggrieved party that has no or has limited capacity to act, and
f) legal representative of a minor living in the same household with the accused.
(3) If during the period of restraining the place of residence of the person specified in Article 138/A (1) b) is changed or material changes occur in the circumstances of life of such person or those of the accused as would necessitate a change in the decision the court may modify its decision or terminate restraining, on the basis of a motion submitted by those listed in paragraph (2) or by the accused and the defense attorney, or ex officio after submission of the bill of indictment. The court shall proceed in the same way if a forced measure has been ordered against the accused during the criminal procedure that necessitates modification or termination of restraining.
(4) If the court decides to modify or terminate restraining it shall obtain the statement made by the person that initiated the issuance of the restraining order, along with the declaration issued by the court, the prosecutor, the public suitor or the substitute public suitor. The court shall set a deadline for the submission of the declaration and the proposal: if such deadline has passed without submission the court shall decide in view of the available data. The court shall also forward the decision to the person specified in Article 138/A (1) b).
(5) If a restraining order has been issued against the accused the procedure shall be carried out promptly.
2. Support and protection for victims
- You are expected to provide information on the adoption of new measures and revised measures to protect and
Two new shelters are going to be opened. A professional protocol exists for the OKIT (National Crisis and Information Help-line) and for the shelters approved by the Minister of Social Affairs and Labour which define the framework of the mental and physical care, the guarantees and the main goals. Furthermore, there was training for the staff of the OKIT and the shelters given by NANE NGO (Women’s Rights Association).
3. Data collection
- You are expected to provide information on the improvements concerning the collection of statistical data, both on conducting population-based surveys as well as collecting administrative data or any initiatives taken to this extent.
The OKIT, the shelters and the police also collect data.
4. Awareness Raising
- If you have run or are planning on running a national Campaign to Combat Violence against Women, including Domestic Violence, developed within the framework of the Council of Europe Campaign and its aims and objectives, you are invited to include information on its main focus, slogan as well as main activities and Campaign website if possible. In addition, you are also expected to provide information on other awareness raising activities.
Irén Ádámné Dunai is the focal point of the Campaign to Combat Violence against Women, including Domestic violence of which slogan is the same as the slogan of the Council of Europe, “Stop Domestic Violence against Women”. The main activities are:
- Kick off Conference in May 2007
- Application for the press in September 2007
- Road Show (2007-2008), in 19 counties and in the capital
- Parliamentary handbook, throwaways issued by the Ministry of Social Affairs and Labour
The website where you find more information about the campaign is: www.stopcsbe.hu
Assessment of the impact of the Council of Europe Campaign
The Task Force will partly base its assessment of the impact of the Council of Europe Campaign to combat Violence against Women, including Domestic Violence on the following indicators. Please respond by ticking on the boxes.
1. Is any and every act of violence against women criminalised in your country?
2. Is violence committed by a partner or former partner punished more severely than violence among strangers (eg. gender based violence as such or the abuse of power will be considered an aggravating circumstance)?
There is no special law on it, but the Criminal Code and the Civil Code include laws which can be used in these cases.
3. Are victims enabled to seek justice in a human manner (eg. specialised courts on domestic violence, specialised units within the police, the public prosecutor or the judiciary)?
There is a special training on domestic violence for policemen and policewomen according to 115./2003 decree of the police commissioner.
4. Does a national emergency 24/7 help-line exist free of charge for victims of domestic violence in your country?
5. Have safe shelters been set up for victims of domestic violence in an adequate ratio in your member state? 1
There are 9 shelters (6 places in each, except one which has 25 places) and there will be two more shelters soon. Besides them, there is a secret house with 25 places.
6. Is administrative data being collected on victims of domestic violence?
The OSAP – standard crime statistics of the police and the public prosecutor. The Regional Crisis Centres and the OKIT collect data.
7. Is domestic violence considered as a human rights violation to be addressed in your legal system?
This term was used firstly in the government decree of 2174/1997. (VI.26.), later the 45/2003 (IV.16.) parliament resolution disposes developing a National Plan to stop and combat domestic violence.