protection system, while phasing out the so-called “baby box” (incubator)
programme. 9
12. Hungary did not make any pledges at the UNHCR High-Level Segment on Statelessness
in October 2019.10
Snapshot of Statelessness in Hungary
13. No comprehensive mapping has been undertaken to understand the population
affected by statelessness in Hungary. Very little reliable quantitative and qualitative data
exists. However, there are indications that statelessness occurs predominantly in a
migratory context and impacts primarily on people with a migrant or refugee
background in Hungary. According to official information received from the National
Directorate-General for Alien Policing (NDGAP), 76 stateless persons were residing in
Hungary on 31 December 2019 as holders of a humanitarian residence permit, refugees,
beneficiaries of subsidiary protection and holders of a permanent residence permit.11
This figure does not include stateless people with other forms of non-permanent
residence permits, such as those based on employment, study, or family reunion. Having
a better understanding of statelessness in a country through better data contributes to
improved law and policy to protect the rights of stateless persons on the territory,
prevent and reduce statelessness, and guarantee the right to a nationality.
14. Hungary has acceded to most relevant human rights instruments and this has translated
into some positive law, policy and practice at national level, although some significant
gaps remain. 12 A statelessness determination procedure is established in law, and
access, assessment, procedural protections and appeal rights under the procedure are
generally positive. 13 However, the definition of a stateless person in national law is
narrower than the 1954 Convention, applicants under the procedure lack adequate
protection, and the law provides only limited rights to people recognised as stateless.
15. Although Hungary has established a statelessness determination procedure, it remains
very difficult for stateless persons to acquire Hungarian nationality. Under Article 32 of
the 1954 Convention, stateless persons should enjoy the right to facilitated
naturalisation, however, one of the requirements stipulated in Hungarian law to be
eligible for naturalisation is to possess a “domicile”, i.e. a specific legal status which is
not accessible to holders of stateless status (including holders of a humanitarian
residence permit or residence permit based on work, study, or family reunion) - unless
they obtain a permanent residence permit. Acquisition of a residence permit can take
several years, leaving stateless persons who are lawfully staying in the country unable
to enjoy their right to facilitated naturalisation.
16. Hungary only partially complies with its duty to guarantee children’s right to a nationality
as set out in Article 7 of the Convention on the Rights of the Child. Safeguards exist in
nationality law to prevent statelessness in the case of foundlings and children born
9
Committee on the Rights of the Child, Concluding observations on the sixth period report of Hungary, CRC/C/HUN/CO/6, 3
March 2020.
10
See https://www.unhcr.org/ibelong/results-of-the-high-level-segment-on-statelessness/
11 Responses by the National Directorate-General for Alien Policing of 16 January 2020, 17 January 2020 and 2 February 2020,
to a freedom of information request submitted by the Hungarian Helsinki Committee.
12 https://index.statelessness.eu/country/hungary
13
Ibid.
4