Author
Section 2(k) of the Asylum Act identifies persons with special needs as including ‘unaccompanied children or vulnerable persons, in particular, minor, elderly, disabled persons, pregnant women, single parents raising minor children or persons suffering from torture, rape or any other grave form of psychological, physical or sexual violence.’
Furthermore, the Asylum Act provides that in case of persons requiring special treatment, due consideration shall be given to their specific needs.[1] Persons with special needs – if needed with respect to the person’s individual situation and based on the medical specialist’s opinion – shall be eligible to additional free of charge health care services, rehabilitation, psychological and clinical psychological care or psychotherapeutic treatment required by the person’s state of health.[2] As cited by the EUAA in its Asylum Report 2021, the UN Committee on the Rights of the Child (CRC) recommended Hungary to establish mechanisms to identify child soldiers so that they can be provided physical and psychological support.[3]
It is the duty of the NDGAP to ascertain whether the rules applying to vulnerable asylum seekers are applicable to the individual circumstances of the asylum seeker. In case of doubt, the NDGAP may request expert assistance by a doctor or a psychologist.[4] There is no protocol for the identification of vulnerable asylum seekers upon reception therefore, it depends on the personal judgment of the actual asylum officer whether the special needs of a particular asylum seeker are identified at the beginning or in the course of the procedure at all (see Identification). Until 21 May 2020, in the transit zone regime even obvious and visible vulnerabilities, such as pregnancy, old age, being an unaccompanied minor or disability were absolutely disregarded and only in exceptional cases were the applicants transferred to reception centres from the confinement and dire conditions the transit zones entailed.[5]
NANE (Women for Women Against Violence), as an implementing partner of UNHCR, elaborated a case referral system and shared it with NGOs in November 2021. The objective was to inform NGOs on how to refer to NANE cases of persons of concern affected by and seeking support regarding sexual and gender-based violence (SGBV) and domestic violence. The referral mechanism targets beneficiaries and clients of civil society partners and UNHCR who are or have been victims of SGBV, including domestic violence. Once the person of concern has been referred to NANE, they receive crisis intervention counselling by NANE counsellors about domestic violence, partnership violence, sexual harassment, exploitation and abuse. NANE also provided a risk assessment tool for NGOs who might be in contact with persons concerned.[6]
In 2020, according to the Menedék Association, there was an extremely traumatised asylum seeker in Vámosszabadi for whom, upon instruction of the director of the camp, state psychological aid was also arranged. In 2021, 2022 and 2023, no significant incidents were reported.
Unaccompanied asylum-seeking children are placed in special homes in Fót, designated specifically for UaSCs, where social and psychological services are available.[7] However, it is the responsibility of the authorities to conduct an age assessment, and often their level of expertise is dubious at best (see Identification). If the assessment mistakenly establishes that the person is an adult it renders the person incapable to receive all the services that a child would need. According to Menedék, in 2023 in two cases, the suspicion of human trafficking was raised in the case of young people who ended up in Fót (i.e. that they might be recognized as victims of human trafficking), but the staff there did not treat this with special attention, and these young people left for an unknown place within a short time.
Hungary has no specific reception facility for vulnerable asylum seekers except for unaccompanied and separated children. Single women, female-headed families, and survivors of torture and SGBV (including rape), as well as LGBTQI+ asylum seekers are accommodated in the same facilities as others, with no specific attention, while there are no protected corridors or houses.[8] An exceptional guarantee for transgender asylum seekers set out by the law is that if the gender identity of the asylum seeker is different from their registered gender, this must be considered upon providing them with accommodation at the reception centre.[9]
Medical assistance for seriously mentally challenged persons is unresolved. Similarly, residents with drug or other type of addiction have no access to mainstream health care services.[10]
According to Menedék Association, in Fót, unaccompanied and separated children minors coming from Ukraine. The same category of children coming from other countries are placed separately. In 2023 and still at the beginning of 2024, a very significant problem which was reported implies that there is no gender-segregated placement. Unfortunately, the institution’s employees do not pay any attention to the prevention of mixed-sex placement. In the summer of 2023, gender-segregated housing did not take place even after violence incident, and currently (at the beginning of 2024) a 17-year-old boy is abusing and terrorizing the 15-17-year-old girls living there. The gender-segregated placement (removal of the abusive youth) did not take place even 2 weeks after the first incident.
[1] Section 4(3) Asylum Act.
[2] Section 34 Asylum Decree.
[3] EUAA, Annual Report on the Situation of Asylum in the European Union, 2021, https://bit.ly/3H4FRCr, 257.
[4] Section 3(1)(2) Asylum Decree.
[5] In their comments provided in the context of the right of reply to this report received on 25 June 2024, the authorities continue to affirm that “reception conditions were of an appropriate standard, in terms of accommodation, care, social and other services. This is contradicted by several ECtHR judgments finding violations of Article 3 due to the conditions in the transit zones. See Chapter 3, Detention – Conditioons in detention – Living conditions and physical security.
[6] The flyer was received via email by NANE.
[7] HHC, Best Interest Out of Sight – The Treatment of Asylum-Seeking Children in Hungary, 17 May 2017, available at: https://bit.ly/2KwW6A4.
[8] In their comments provided in the context of the right of reply to this report received on 25 June 2024, the authorities stated that “In the reception facility, segregated accommodation and increased attention from the host institution staff are guaranteed.” However, according to the HHC’s experience this was not the case.
[9] Section 22 Asylum Decree.
[10] Practice-informed observation by Hungarian Helsinki Committee. In their comments provided in the context of the right of reply to this report received on 25 June 2024, the authorities state that “with regards to people accommodated in reception facilities, both people with severe mental disabilities and substance users receive appropriate medical care”, however this is not HHC’s experience.