Page 29 [29]
EQUAL RIGHTS BETWEEN SEXES
protection of young children, the right to social security, the right to social
health care, the right to family protection and the rights of migrant workers.”
A real breakthrough on the European continent was the Treaty of Amster¬
dam, which added new elements to the prohibition of discrimination. Thus,
discrimination based on racial, ethnic, religious or other beliefs, disability, age
and sexual orientation entered into the regulatory framework. However, this
was exhaustively listed without the possibility of extension with other features.
Furthermore, the chapter did not provide for a subjective right, but an appro¬
priate procedural basis for the Community to take appropriate measures.”
In addition, two directives were adopted. Council Directive 2000/43/EC on
the application of the principle of equal treatment between persons irrespec¬
tive of racial or ethnic origin, and Council Directive 2000/78/EC establishing
a general framework for equal treatment in employment and occupation. The
purpose of the latter directive is to ensure that everyone in the workplace is
treated equally and is not discriminated against on the grounds of religion or
belief, disability, age or sexual orientation.
Several documents set out the requirement of equal treatment in Hungary
as well.
Act XX of 1949 (former Constitution) completely rejected gender discrim¬
ination in all areas of life, and the 2012 Fundamental Law - replacing the
aforementioned — also refers to the prohibition of discrimination. Article XV
(2) says that “Hungary shall guarantee the fundamental rights of all persons
without discrimination on the grounds of race, colour, sex, disability, language,
religion, political or other opinion, national or social origin, wealth, birth or
other situation.”
Act CXXV of 2003 is also worth mentioning, as it provides for equal treat¬
ment in the interest of promoting equal opportunities and social inclusion:
The Parliament recognizes the right of every human being to live as an equal person,
guided by its intention to provide effective legal protection to those suffering
discrimination, declaring that the promotion of equal opportunities and social
inclusion is primarily a State obligation, with respect to the State; as well as the
international obligations of the Republic and the acquis communautaire of the
European Community.“
“ Ibidem.
12 Kazuska: A diszkrimináció tilalma, 212—213.
Magyarország Alaptörvénye.
2003. évi CXXV. törvény az egyenlő bánásmódról és az esélyegyenlőség előmozdításáról,
https://net.jogtar.hu/jogszabaly?docid=a0300125.tv (accessed 2 May 2021).
43
44
+ 27 +