Wednesday, May 11, 2011

New Hungarian constitution underlines country's Christian roots

On January 1 2012, the new national constitution of Hungary comes into force.  

The constitution, which was signed into law last week, acknowledges the country’s Christian character, protects life from the moment of conception and defines marriage as being between a man and a woman. 

It is the first Hungarian constitution since Communist rule.

The constitution’s opening words are “God bless Hungarians” and in its preamble it voices pride that the country’s first King, St Stephen (975-1038),  “placed the Hungarian state on permanent foundations” and made it part of “Christian Europe.”

While expressing respect for various religious traditions in Hungary, the constitution says Hungarian citizens recognise “the key role of Christianity in upholding the nation.” 

Hungary has a population of 9.9million people.  Christianity is the major religion with 68% saying they are Roman Catholic, 21% Reformed (Calvinist) Protestant and 6% Evangelical (Lutheran) Protestant. 

The vote on the document passed easily last week, but the liberal Alliance of Free Democrats party and the Socialist party boycotted the vote, leaving the chamber before the vote took place.

Pro-abortion groups have raged against article 2, which protects a foetus from the moment of conception.  

Amnesty International and the Centre for Reproductive Rights have stated this will lead to restricted access to abortion.  

Amnesty has also criticised the exclusion of sexual orientation from the protected grounds of discrimination and the clause protecting the traditional definition of marriage because it could serve as the basis of a ban on “same-sex marriages,” which, they argue, violates European anti-discrimination standards.

Beyond the social issues, opponents criticise what they call a lack of transparency and the short time frame of nine days in which the constitution was passed in Parliament.

CFAM reports that the Council of Europe has tasked constitutional experts with reviewing the new law.  

Experts of the Venice Commission, an independent advisory body, are set to travel to Budapest this month and report back to the Parliamentary Assembly of the Council of Europe to address the concerns surrounding the drafting process.

However, according to Hungarian MEP György Schöpflin (European People's Party), a member of his country's ruling Fidesz party, the new constitution has “freedom” at its heart.

“It strengthens Hungary's commitment to individual liberty, democracy and the rule of law.  

It enshrines in full the EU Charter of Fundamental Rights.  

It locks in a classic separation of powers between Hungary's legislature, executive and judiciary. 

Taken together, the measures conform fully to European tradition,” he told the European think tank, EuroActiv.

Critics have argued that the new constitution is not an election issue, but Schöpflin says there was a pledge to introduce a new constitution. 

“Formal consultation then got underway in June 2010, shortly after the election. The opposition parties, expert and civil society groups were invited to take part. Most did. And so did the opposition until they pulled out of the parliamentary stages, a cynical move and a gross negation of responsibility to their voters,” he added.

Schöpflin, a member of the Committee on Constitutional Affairs in the European Parliament, said that the references to Hungary’s Christian past (described by critics as “cringe worthy”), are, “simply an acknowledgment of the importance that Christianity has played in Hungary's history. Such references are not unconventional in European constitutions and they place no limitation on people's freedom to practice other faiths.”

Countering attacks that the constitution discriminates on the grounds of sexuality, he said, “Like other European constitutions, it states that marriage is possible only between a man and a woman. However, same-sex couples are entitled to the same legal protections as heterosexual couples through registered partnerships.”