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Article
Publication date: 1 December 2008

Agnes Kozma

71

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Tizard Learning Disability Review, vol. 13 no. 4
Type: Research Article
ISSN: 1359-5474

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Article
Publication date: 1 February 2009

Agnes Kozma

89

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Tizard Learning Disability Review, vol. 14 no. 1
Type: Research Article
ISSN: 1359-5474

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Article
Publication date: 22 October 2009

Agnes Kozma

60

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Tizard Learning Disability Review, vol. 14 no. 4
Type: Research Article
ISSN: 1359-5474

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Article
Publication date: 1 December 2008

Agnes Kozma

86

Abstract

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Tizard Learning Disability Review, vol. 13 no. 4
Type: Research Article
ISSN: 1359-5474

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Article
Publication date: 1 December 2008

Jim Mansell

53

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Tizard Learning Disability Review, vol. 13 no. 4
Type: Research Article
ISSN: 1359-5474

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Book part
Publication date: 9 May 2022

Agnes Lux

In Hungary, soon after the democratic transition in 1989/1990, the institution of the general ombudsman was established, based on the Swedish model, possessing broad oversight…

Abstract

In Hungary, soon after the democratic transition in 1989/1990, the institution of the general ombudsman was established, based on the Swedish model, possessing broad oversight. Since 2012, with the Fundamental Law (new constitution) and a new ombudsman act entering into force, the defense of children’s rights has become one of the legal obligations of the general ombudsman. In this chapter, the author examines the historical background of this “hybrid” institution1 and the performance of the last three commissioners based on the child rights approach of the UN Convention on the Rights of the Child (UN CRC).

The UN CRC represents the “whole child” approach, a holistic view of a child which also informs the work of independent children’s rights institutions (ICRIs). Hence, the four guiding principles of the UN CRC2 (the right to non-discrimination; the best interests of the child; the right to life, survival and development; and the right to participation) can be seen as analyzable elements of an ICRI’s performance. There are also “informal” factors that can influence the performance of an ICRI – even a stand-alone – for example, social and political recognition of the institution, the societal and legal regard of children (are their rights widely recognized or not, etc.), the personal motivation and drive of the ombudsman, the ombudsman’s own interests and background, the financial constraints of the office and the overall political atmosphere and various political influences around. These factors can play a vital role, but their existence can only be assumed in cases where the institution’s more exact outputs based on the UN CRC guiding principles can be seen: the appearance of children in its work, attention to vulnerable groups and cases related to non-discrimination, the number of complaints submitted to the commissioner (including those by children) and the appearance of best interests of children in cases. The author has found differences between the last three commissioners’ performances based on the guiding principles, which are also not independent from informal factors too.

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The Roles of Independent Children's Rights Institutions in Advancing Human Rights of Children
Type: Book
ISBN: 978-1-80117-608-8

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