EUROPEAN COMMISSION
DIRECTORATE-GENERAL JUSTICE
 
Thank you for your email of 11 September 2013 addressed to the European Commission regarding criminalisation of homelessness in Hungary.

The Commission has emphasised repeatedly that criminalising approaches towards homeless people by Member States, e.g. for public place use or begging, are inefficient, costly, stigmatising and fail to address the social context of the problem. Instead, Member States were invited to implement integrated, housing-led homelessness  strategies  to tackle homelessness in a sustainable way. The Union indeed recognises and respects the right to social and housing assistance for all those who lack sufficient resources, in order to combat social exclusion and poverty, as confirmed by Article 34(3) of the Charter of Fundamental  Rights.

Director-General of UNESCO

7 Place de Fontenoy

75007 Paris, France

Dear Irina Gergieva Bokova,

We are writing to you as a final resort. We are members of a Hungarian community organization, The City is for All, in which homeless people and their allies work together for dignified housing for everyone.

On September 30, the Hungarian Parliament passed a law on the persecution of homeless people. According to the legislation (which came into force on October 15), homeless people face community work, fines and finally imprisonment if they reside in public spaces that are qualified as world heritage sites, and they do not leave upon the order of the authorities. This means, that homelessness is criminalized and can be punished in the entire downtown area of Budapest and the city center of another major city Pécs.

By criminalizing street homelessness, the Hungarian government is once again violating fundamental rights and defies the judgement of the Hungarian Constitutional Court.

On September 30, 2013 hundreds were protesting in Budapest against the modification of the 2012 Petty Offences Act which would allows local governments to create homeless-free zones, i.e. areas where living in public space is considered an offence. According to a late-minute modification by the Minister of Interior, world heritage sites are automatically prohibition zones, but municipalities have the right to designate additional areas as well. As a result of the law, which was adopted by majority the vote of the governing parties, downtown Budapest will be off limits to homeless people who are forced to live on the street.

My name is László Kardos, I am an activist of The City if for All. The City if for All is a grassroots organization of homeless people and their allies who fight for fundamental human rights, including the right to housing. We would like to draw your attention to one of the most severe social problems of Hungary that is homelessness. We want to achieve such a comprehensive, systemic change in our home country that allows this most vulnerable social stratum to realize their human rights and attain housing of human dignity.

“Criminalizing and penalizing homeless people for carrying out life-sustaining activities in public because there is nowhere to go is a problem across the EU” said Rina Beers, President of FEANTSA today at the European Parliament in Brussels. FEANTSA, Housing Rights Watch and Sylvie Guillaume MEP (S&D – France) co-hosted a public hearing today to raise awareness about the criminalization of homelessness in Europe.

We invite our friends all over the world to join our struggle against the tragic changes in the Hungarian legislation concerning homelessness. Our call is desperate in the sense that, despite all the good reasons and even an opposing Constitutional Court decision, a last ray of hope is the clear and strong objection of the international community to the criminalization of homelessness.

By passing a new law that would criminalize street homelessness, the Hungarian government is once again about to violate the fundamental right to human dignity, defy the country’s international obligations, and go directly in the face of the judgement of Hungarian Constitutional Court.

• In December 2010, the clearing of Budapest underground passages begins under the supervision of Mayor István Tarlós. The extra funds that are promised as part of the program never reach the homeless care institutions. 

• On 8 December 2010, Parliament adopts an amendment to the law on constructions, which allows for penalizing the improper use of public spaces as a petty offence.

• In December 2010, searching through garbage is banned in the 8^th district.

• In April 2011, the General Assembly of Budapest adopts a decree pronouncing habitation in public spaces a petty offence. The very same decree makes street music subject to permission and a payable fee.

The City is for All has sent a report to the Venice Commission on the criminalization of homelessness by the Hungarian constitution. The report details the ways in which the pertaining paragraph of the 4th Amendment to the Fundamental Law breaches the rights of homeless people and those without proper housing. With this report, The City is for All wishes to contribute to the Venice Commission’s efforts to get a clear picture of the legal situation of Hungary, so that it can compile a succinct and unbiased report for the Council of Europe.

On March 11, 2013 the Hungarian Parliament adopted the Fourth Amendment to the Fundamental Law of Hungary, which criminalizes homelessness and gives constitutional jurisdiction to the prosecution of homeless people.