Country profile HUN
National Legal Framework
National Legal Framework
| Provision | Legislation date | Convention | Legislation info | sources | Value | sort_order | Provision description | Legislation description |
|---|---|---|---|---|---|---|---|---|
| Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? | 2010-02-24 | C182 | Act CLX of 2009 on the ratification and proclamation of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict - Section 1, Section 2, Article 2 and Article 4(1) | [{"link_name":"Act CLX of 2009","source_link":"https://net.jogtar.hu/jogszabaly?docid=a0900160.tv"}] | Yes | 9 | C182 defines forced or compulsory recruitment of children under 18 for use in armed conflict as a worst form of child labour. Nevertheless, C182 only prohibits the forced or compulsory recruitment of children under 18, and does not cover the voluntary recruitment of children under 18. | Section 1 of the Act states that the Hungarian National Assembly authorizes the recognition of the mandatory effect of the Protocol, while Section 2 of the Act stipulates that the Hungarian National Assembly promulgates the latter, which, in Article 2, states: "States Parties shall ensure that persons who have not attained the age of 18 years are not compulsorily recruited into their armed forces." Furthermore, Article 4(1) specifies that "armed groups that are distinct from the armed forces of a State should not, under any circumstances, recruit or use in hostilities persons under the age of 18 years." |
| Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? | 2012 | C182 | Act C of 2012 on the Criminal Code - Section 177 (1) | [{"link_name":"Act C of 2012 on the Criminal Code","source_link":"https://thb.kormany.hu/download/a/46/11000/Btk_EN.pdf"}] | Yes | 11 | C182 prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. | Section 177 (1) of the Criminal Code punishes any person who "a) offers or supplies narcotic drugs to a person under the age of eighteen years; b) is engaged in the distribution of or trafficking in narcotic drugs by using a person under the age of eighteen years; [...]". |
| Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? | 2012 | C182 | Act C of 2012 on the Criminal Code - Section 200 (2) and Section 204 | [{"link_name":"Act C of 2012 on the Criminal Code","source_link":"https://thb.kormany.hu/download/a/46/11000/Btk_EN.pdf"}] | Yes | 10 | C182 prohibits the use of a child under the age of 18 for prostitution, regardless of the child's consent. The use, procuring or offering of any person under the age of 18 for commercial sexual exploitation constitutes a worst form of child labour, even if prostitution is a legalised. In regard to the prohibition of child pornography, States need to make sure that national legislation addresses the involvement of a child in the production of pornographic materials, including non-recorded performances. | Section 200 (2) of the Criminal Code punishes any person who offers or solicits a person under the age of eighteen years for prostitution. For its part, Section 204 of the Criminal Code prohibits child pornography involving minors under the age of eighteen. |
| Is the sale and trafficking of children for sexual and labour exploitation prohibited? | 2012 | C182 | Act C of 2012 on the Criminal Code - Section 192 (1), (2) and (4) a) | [{"link_name":"Act C of 2012 on the Criminal Code","source_link":"https://thb.kormany.hu/download/a/46/11000/Btk_EN.pdf"}] | Yes | 8 | C182 defines all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour as worst forms of child labour. | Section 192 (1) and 192 (2) of the Criminal Code punish the offence of trafficking in Human Beings and Section 192 (4) a) raises the penalty for the commission of such crime against a person under the age of 18 years. |
| Minimum age for hazardous work | 1998-06-24 ; 2013 | C138 & C182 | Decree 33/1998 of the Minister of Social Welfare concerning the medical examination for specified categories of work, including minors, as modified by Decree 27/2000 of the Ministry of Health and Decree 16/2015 of the Ministry of Human Capacities (EMMI in Hungarian) – Section 10/A and Appendix 8 | [{"link_name":"-Decree 33/1998","source_link":"https://net.jogtar.hu/jogszabaly?docid=99800033.nm"},{"link_name":"-Act V of 2013 on the Civil Code","source_link":"https://faolex.fao.org/docs/pdf/hun209514.pdf"}] | 18 | 6 | C138 and C182 set 18 as the minimum age for hazardous work, which is defined as work that, due to its nature or the circumstances in which it is carried out, is likely to jeopardize children’s health, safety or morals. C138 and C182 allow countries to permit hazardous work exceptionally as from 16, provided that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or training. | Section 10/A of the Decree stipulates that the list of hazardous work determined in Appendix 8 is prohibited to minors. As the Act V of 2013 on the Civil Code states in its Section 2:10 (1), a minor is a person under the age of eighteen, such implying that the aforementioned prohibition applies to all children below the age of 18 years. |
| List of hazardous activities prohibited for children | 1998-06-24 ; 2013 | C138 & C182 | Decree 33/1998 of the Minister of Interior on medical examination and opinion on job, professional and personal hygiene suitability - Section 10/A (1) and Appendix 8 ; Act V of 2013 on the Civil Code - Section 2:10 (1) | [{"link_name":"-Decree 33/1998","source_link":"https://net.jogtar.hu/jogszabaly?docid=99800033.nm"},{"link_name":"-Act V of 2013\r\non the Civil Code","source_link":"https://faolex.fao.org/docs/pdf/hun209514.pdf"}] | Yes | 7 | C138 and C182 require the national determination of a list of hazardous work prohibited for children under 18 years of age. The competent authorities should consult with workers' and employers' organizations to determine what types of employment or work are considered to be hazardous. Such a list shall be periodically examined and revised as necessary. | Section 10/A (1) of the Decree sets out the list of hazardous work prohibited to minors, as outlined in Appendix 8 of the same text. As the Act V of 2013 on the Civil Code states in its Section 2:10 (1), a minor is a person under the age of eighteen, such implying that the aforementioned prohibition applies to all children below the age of 18 years. |
| Minimum age for admission to apprenticeship | 1993-07-12 | C138 | Act LXXVI of 1993 on vocational training - Section 32 (1) a) | [{"link_name":"Act LXXVI of 1993 on vocational training","source_link":"https://njt.hu/jogszabaly/1993-76-00-00"}] | 15 | 5 | C138 does not apply to work done in school for general, vocational or technical education or in training institutions or work done by children at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority. Such work must be an integral part of: (i) a course of education or training for which a school or training institution is primarily responsible; (ii) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (iii) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. | Section 32 (1) a) stipulates that, "A student contract may be concluded by a student who: a) has reached the age of sixteen, or in the case of vocational school education and training organized pursuant to Section 27(4) of the Public Education Act, has reached the age of fifteen and – with the exception of catch-up education pursuant to Section 27(8) of the Public Education Act – has successfully completed the 9th grade", thus setting the minimum age for admission to apprenticeship to 15 years. |
| Is the minimum age for admission to work not less than the age for completion of compulsory schooling? | 2012-09-01 | C138 | Act CXC of 2011 on National Public Education - Section 45 (3) | [{"link_name":"Act CXC of 2011 on National Public Education","source_link":"https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/106832/act_national_education.pdf"}] | Yes | 4 | C138 requires that the minimum age for admission to work shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years. | Section 45 (3) of the Act stipulates that compulsory education lasts until a student turns sixteen years of age which corresponds to the minimum age of admission to work. The Section also provides that "The compulsory education of students with special educational needs may be extended until the end of the academic year when they turn twenty-three years of age. The decision on the extension of compulsory education on the basis of the expert opinion of the committee of experts shall be made by the head teacher of the school". |
| Light work - Determination of types and conditions of activities | N/A | C138 | N/A | [{"link_name":"Act 1/2012 on the Labour Code","source_link":"https://mta-pte.ajk.pte.hu/downloads/12-01.tv-en.pdf"}] | N/A | 3 | If the country chooses to allow light work, States must determine what activities are considered light work, and the hours and the circumstances under which they may be carried out. | Apart from the requirement that a child of at least 15 years must have completed full-time schooling to enter into an employment relationship during school holidays, the Labor Code does not provide any further details regarding the conditions or permissible working hours for light work. |
| Minimum age for light work | 2011-12-13 | C138 | Act 1/2012 on the Labour Code - Section 34 (2) | [{"link_name":"Act 1/2012 on the Labour Code","source_link":"https://njt.hu/jogszabaly/2012-1-00-00"}] | 15 | 2 | C138 defines light work as work that does not interfere with children’s schooling, or their ability to benefit from it, and that is not hazardous. C138 allows countries to permit light work for children younger than the general minimum age. For countries that set the minimum age at 15, this means children aged 13-14, and for those that set it at 14, children aged 12-13 may engage in light work. | Section 34(3) of the Code allows exceptions to the minimum working age, permitting children aged at least 15 years who are enrolled in full-time education to engage in employment during school holidays. |
| Minimum age for admission to work | 2011-12-13 | C138 | Act 1/2012 on the Labour Code - Section 34 | [{"link_name":"Act 1/2012 on the Labour Code","source_link":"https://njt.hu/jogszabaly/2012-1-00-00"}] | 16 | 1 | C138 establishes 15 as the minimum age for work in general. Developing countries have the option of setting a minimum age of 14 as a transitional measure as they strengthen their education systems and economies. | Section 34 (2) sets the minimum age for employment to 16 years. Additionally, Section 34 (3) provides that, by authorization of the guardian authority, young persons under sixteen years of age may be employed for the purposes of performance in cultural, artistic, sports or advertising activities. |
International Legal Framework
International Legal Framework
| Ratification status | Convention | Convention description | Date of ratification | Source |
|---|---|---|---|---|
| in-force | C182 | Worst Forms of Child Labour Convention, 1999 (No. 182) | 20-APR-2000 | Source |
| in-force | C138 | Minimum Age Convention, 1973 (No. 138) | 28-MAY-1998 | Source |
Policies and Plans
Policies and Plans
| Description | sources | Period | Policy name | Implementing agency |
|---|---|---|---|---|
| Some goals of the Plan aim specifically at combatting human-trafficking against children including : Introducing and reinforcing trainings on the prevention of trafficking in human beings for all staff working with unaccompanied or separated children; Supporting the purchase and maintenance of additional rescue vehicles and allocating resources for the appointed institutions providing regional child protection special care services, for the safe transportation of minor victims receiving child protection special care ; Establishing of a children's hearing room in each court building with a judicial staff of more than 7 persons; Provision of financial resources to the appointed regional child protection special care service provider for the performance of education, training, methodological, research and analysis activities related to the operation of the Barnahus model services; More effective operation of the child vulnerability, family and adult crisis detection and signaling system in the framework of the family and child welfare services work - professional guidelines, recommendations | [{"link_name":"National Anti-Trafficking Strategy","source_link":"https://njt.hu/jogszabaly/2020-1046-30-22"}] | 2020-2023 | National Anti-Trafficking Strategy | Minister of Interior |
| To achieve an equitable, modern public education system, the Strategy aims at meeting 5 main goals : 1. Ensuring the internal balance of education; 2. Development of human resources involved in public education as a state-provided public service; 3. Equitable public education that takes individual unique features into consideration ; 4. Public education responsive to the challenges of the 21st century ; 5. Educational support of the Hungarian diaspora and the minorities in Hungary. | [{"link_name":"Public Education Strategy","source_link":"https://2015-2019.kormany.hu/download/d/2e/d1000/K%C3%B6znevel%C3%A9si%20strat%C3%A9gia.pdf"}] | 2021-2030 | Public Education Strategy | Ministry of Human Resources |
| The Council Recommendation (EU) 2021/1004 of 14 June 2021, establishing the European Child Guarantee, aims to prevent and combat social exclusion by ensuring that children in need have access to essential services. This initiative supports children's rights by addressing child poverty and promoting equal opportunities. The recommendation outlines proposals for Member States regarding key services, including early childhood education and care, inclusive education and school-based activities (including a nutritious meal each school day), medical care, healthy nutrition, and adequate housing. It applies to all children under 18 who are at risk of poverty or social exclusion. In response to the Council Recommendation and in alignment with previously adopted strategic guidelines, Hungary has developed a national action plan to safeguard children's rights; the Child Guarantee National Action Plan. The plan's objective is to enhance children's well-being and reduce poverty by providing high-quality, inclusive public services that are accessible to all children, with a particular focus on early childhood education, schooling, healthcare, nutritious meals, and suitable housing as well as reinforcing the child protection signaling system, which plays a key role in identifying and addressing risks to children's well-being. | [{"link_name":"Child Guarantee National Action Plan","source_link":"https://ec.europa.eu/social/BlobServlet?docId=26886&langId=en"}] | 2022-2025 | Child Guarantee National Action Plan | National Coordinator appointed by the Ministry of the Interior |