The Universal Protection of Human Rights and Central Europe: Hungary

Kovács, Bálint (2025) The Universal Protection of Human Rights and Central Europe: Hungary. CENTRAL EUROPEAN JOURNAL OF COMPARATIVE LAW, 6 (1). pp. 229-262. ISSN 2732-0707

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Abstract

This paper explores Hungary’s evolving relationship with the universal protection of human rights. It traces this topic through its historical developments of the early 19th century to the present. It begins with Hungary’s Reform Era for the purpose of exposing how the ideals of the Enlightenment influenced progressive legislative initiatives, such as the April Laws of 1848, which introduced groundbreaking reforms in suffrage, press freedom, religious equality, and judicial modernisation. Despite setbacks following the 1848 Revolution, many of these reforms resurfaced post-1867 Austro-Hungarian Compromise and laid the groundwork for Hungary’s later human rights engagements. After World War I, Hungary joined the League of Nations, demonstrating an early commitment to minority rights protection, although domestically, it began implementing discriminatory legislation, especially against Jews. The atrocities committed during World War II and the Holocaust marked a devastating failure in human rights protection, prompting global efforts toward codification of human rights norms, which Hungary gradually joined. Under communism, Hungary’s legal framework was aligned with Soviet ideology, emphasising social over civil rights, while individual freedoms were largely sidelined. However, from 1989 onwards, democratic reforms, constitutional changes, and international engagement – such as ratifying key UN treaties and joining the Council of Europe and the European Union – marked a significant shift toward aligning domestic law with global human rights standards. The paper also examines Hungary’s dualist legal approach, which requires international treaties to be enacted through domestic legislation, and how this has influenced treaty implementation. Particular focus is given to Hungary’s participation in the UN human rights system, including its engagement with treaty bodies, responses to individual complaints, and Universal Periodic Review (UPR) procedures. Through an analysis of key cases and mechanisms, the paper underscores both progress and ongoing challenges in ensuring full compliance with international human rights obligations. It concludes by stressing the need for continual vigilance and adaptation to safeguard rights amid evolving political and social contexts.

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