Offences Against Human Dignity

Respect for human dignity and fundamental rights is a basic requirement in every democratic society. The protection of human rights is guaranteed not only by the Constitution of Hungary but also by Chapter XXI of the Criminal Code, which lists several offences aimed at safeguarding individual personality rights.

These rights include freedom of thought, conscience, and religion, the protection of personal data, the inviolability of the home, the right to a good reputation, and the protection of privacy and the secrecy of correspondence.
Crimes committed against these rights undermine individual autonomy and, in the long term, endanger democratic rule of law.


 

Protection by the Constitution and Criminal Sanctions

Article I (1) of the Constitution of Hungary states that the inviolable and inalienable fundamental rights of persons must be respected, and their protection is the primary obligation of the State.

Accordingly, the legislature has enacted provisions in the Criminal Code that penalize offences against human dignity and certain fundamental rights. Article II further declares that human dignity is inviolable, and every person has the right to life, which shall be protected.

Freedom of Religion and Conscience

Article VII (1) of the Constitution of Hungary guarantees freedom of thought, conscience, and religion. This includes the right to freely choose or change one’s religion or belief, as well as to practice it publicly or individually.

Violations of these rights are criminally punishable, as attacks on religious and conscientious freedom not only limit individual faith or conviction but also jeopardize social diversity and peaceful coexistence.

Freedom of Association and Assembly

Freedom of association and assembly is also a fundamental democratic right, guaranteed by Article VIII of the Constitution of Hungary.

This right ensures that people may freely organize associations and movements, and participate in political and social gatherings.

The Criminal Code penalizes acts that unlawfully restrict these freedoms.

Protection of Personal Data and the Importance of Data Privacy

In the digital age, the protection of personal data has become increasingly important, as personal information can easily be accessed, misused, or manipulated.

Article VI of the Constitution of Hungary declares that everyone has the right to the protection of their personal data, as well as the right to access and disseminate public information.

The Criminal Code criminalizes the unlawful handling of personal data, including its unauthorized acquisition, storage, transmission, or disclosure.

Inviolability of the Home

The inviolability of the home is another protected fundamental right, guaranteed by Article VII of the Constitution of Hungary.

The law prohibits anyone from unlawfully entering another person’s residence, property, or premises.

Unlawful entry into a private residence constitutes a criminal offence of trespass, as everyone has the right to live undisturbed in their own home.

Protection of Privacy and Secrecy of Correspondence

The protection of private life is closely connected to the secrecy of correspondence, guaranteed by Article VI (1) of the Constitution of Hungary.

The law prohibits the unlawful access, transmission, or disclosure of another person’s correspondence, electronic messages, or other private communications.

Protection of Reputation and Honour

Among the offences against human dignity are defamation and insult, both sanctioned by the Criminal Code.

These offences occur when a person damages another’s reputation or honour by false statements of fact or by offensive remarks.

Protection of the Rights of Vulnerable Persons

Violations of the rights of vulnerable persons also fall within the category of offences against human dignity.

According to Article III (1) of the Constitution of Hungary, no one shall be subjected to degrading treatment. This encompasses all forms of physical and psychological abuse, particularly against persons in vulnerable situations.

Sanctioning Offences Against Human Dignity

The strict sanctioning of offences against human dignity and fundamental rights is essential to the preservation of a democratic society.
It is the primary duty of the State to ensure the protection of people’s rights and to act against all conduct that infringes or endangers them.

dr. Lőrik József
dr. Lőrik József
A criminal defense attorney specializing in criminal law, with 20+ years of practical experience and more than 2,000 closed cases.
dr. József Lőrik – CV
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