CASE SUMMARY
T97-04226, T97-03821, T97-04227,
T97-04499
HUNGARIAN ROMA
The claimants, all citizens of Hungary, are a man, his common-law wife,
her brother and a minor son. The claimants alleged that they were discriminated
against in Hungary because they were Roma. They alleged this discrimination
resulted in different treatment for not only Roma children in school but
also in the provision of medical services and treatment while serving
in the army as compared with ethnic Hungarians. In addition they alleged
that as Roma they had problems with unfriendly neighbours and to a lesser
degree experiences physical attacks by racist groups.
In addition to documentary evidence the Refugee Division heard testimony
from a number of witnesses who possessed expert knowledge regarding the
current situation of Roma in Hungary. Such knowledge was gained through
work experience in state and non-governmental organizations as well as
direct involvement in Roma community initiatives and organizations in
Hungary.
While the Refugee Division accepted the Roma origin of the claimants,
given the high level of education obtained by them and their sound financial
status it was determined that these claimants belonged to a group of socially
integrated or assimilated Roma.
As a result of the documentary evidence and the testimony of witnesses
the Refugee Division determined that Roma suffer marginalization and are
among the poorest segments of Hungarian society. As well the panel found
that anti-Roma prejudice in Hungary is widespread and there is a tendency
toward segregation and deprivation. The panel noted that "discrimination
is present practically everywhere."
On the other hand there is strong evidence that the Hungarian government
is making serious efforts to improve the situation of the Roma minority.
Protection to Roma is being offered through the adoption of legislation,
the prosecution of cases where Roma have been victimized, disciplinary
measures taken against abusive police personnel and the establishment
of an Ombudsman for national and ethnic minorities. While discrimination
against Roma exists in Hungarian society it is for the most part not tolerated
by the Hungarian authorities. The evidence also demonstrated that while
skinhead attacks against Roma were frequent up to 1995 at the present
they are not a serious concern. The Refugee Division determined that the
claimants, as a result of their Roma background, would not be seriously
restricted to earn a livelihood nor will they be denied access to education
or services normally available to Hungarian citizens.
As a result the Refugee Division concluded that the claimants do not
face a serious possibility that they will be persecuted due to their Roma
origins if they return to Hungary and found that they are not Convention
refugees.
Hungarian Romas (1997
Decisions)
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