The new Hungarian draft law on equal treatment and equal opportunities complies with the Community law. It defines the notions related to discrimination (e.g. direct and indirect discrimination, harassment, segregation), and recommends to prohibit discrimination based on race, color, nationality, language, health status, disability, religion, political or other opinion, gender, sexual orientation, age, social or wealth status, the type of labor contract or other circumstances. It changes the burden of proof if someone violates the principle of equal treatment. It also contains the possibility of actio popularis: state and non-governmental organizations can start lawsuits in the name of those whose rights were violated. A new ministry was formed, which is responsible for equal opportunities, and must work out a National Equal Opportunities Program. A major element of the program will be the inclusion of NGOs in the work of informing the employees and enforcing the new rights.
The law, however, does not bring change in itself. The National Equal Opportunities Program should support the education of judges, attorneys, the police force, state officers, health workers and teachers, as well as the information of the general audience.
Therefore:
· the description of the new law and case studies from the EU
should be included in the curricula of various schools and published in
books and brochures;
· conferences should be organized, with the participation of
NGOs, which promote knowledge about the EU's Employment Directive and the
Hungarian equal treatment and equal opportunities law;
· the enforcement of the law should be more effective: this
could be achieved by setting up institutions, and supporting legal aid
services;
· trainings on equal opportunities should be supported at workplaces;
· employees should get written information about their rights;
· media campaigns should be produced and promoted;
· data collection is needed;
· and research/surveys should be supported.
For several minorities in Hungary, the new legislation can only bring
real changes if their realities change -- and not only on paper.