Criminal Justice and Ethnic Data Collection in Hungary

Pap, L. András (2006) Criminal Justice and Ethnic Data Collection in Hungary. Acta Juridica Hungarica, 47 (2). pp. 157-182. ISSN 1216-2574

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Abstract

The paper analyzes ethnic data collection pertaining to criminal justice in Hungary. It shows that Hungary's approach to resist ethnic data collection by law enforcement authorities is not a good policy and it causes severe constitutional problems in other, non-criminal legal circumstances, where ethnic data is used in the context of additional rights and affirmative protection provided for ethno-national minorities. The paper follows a twofold analysis. First, it sets forth general problems relating to ethnic data collection, including a brief analysis of a uniquely Hungarian constitutional institution, the minority self-govern­ment structure. The focus of scrutiny then shifts to the criminal justice system, in particular the analysis of policing of racially motivated crime, and the question of police ethnic profiling.    

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