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.”