The latest amendment to the Hungarian Constitution, which forbids living in public spaces, clearly violates the spirit of numerous international human rights treaties to which Hungary is a signatory.
Homelessness is an unacceptable violation of fundamental human rights and dignity. Nobody should have to live on the streets, but to outlaw those who have no options for a place to live is a clear violation of human rights.
This is an alarming development that triggers concern among homeless service providers across Europe. This is why FEANTSA and its members denounced the proposed amendments to the Hungarian Constitution in a public statement in June 2018. The Special Rapporteur on the right to adequate housing expressed her outrage at this in an open letter to the Government of Hungary.
While the constitutional amendment appears to guarantee access to accommodation and shelter, service providers in Hungary have data to prove that not all homeless people will have a place to live. There is a lack of high-quality services and support adapted to the needs and the aspirations of the individual.
After the prohibition of living in public space, administrative and criminal sanctions are foreseen in the case of infringement of the legislation[1], with special rules for rough sleepers.
The legislation establishes how to determine that a person is living in public space and it describes the right of the municipalities to establish areas in which living in public space is forbidden.
If someone is found in breach of the law, they will automatically be steered to a public works scheme, which they could avoid if they pay a fine. If they refuse to participate in the public works they can be incarcerated. If a person is found to be in breach of the law for the third time, they can automatically be taken to prison.
Criminalisation is not a solution to homelessness. It simply aims to move the visible problem of homelessness out of public view, rather than offering any real solution to the problem. The Hungarian government could instead follow the European trend and address homelessness through positive measures. Countless examples from Europe and beyond demonstrate that concrete progress on homelessness can be made by implementing integrated, housing-led, preventative homelessness policies.
[1] 2013. évi CXLIX. Törvény a szabálysértésekről, a szabálysértési eljárásról és a szabálysértési nyilvántartási rendszerről szóló 2012. évi II. törvénynek és a kereskedelemről szóló 2005. évi CLXIV. törvénynek az Alaptörvény negyedik módosításával összefüggő módosításáról
