health care insurance or services. Without employment, they can only benefit from basic public health care services, the scope of which is very limited.39 Recommendations 39 35. The co-submitting organisations note that despite some positive steps taken by Hungary in recent years to improve its legal framework concerning the prevention of statelessness and the protection of stateless persons, there are still important shortcomings in the legislative framework and the practice of authorities. 36. The Human Rights Council has stated that “[t]he second and subsequent cycles of the review should focus on, inter alia, the implementation of the accepted recommendations and the developments of the human rights situation in the State under review”.40 Hungary has not accepted, or has accepted but failed to adequately address various relevant recommendations under the first cycle. The recommendations below, build on previous state recommendations but also introduce new recommendations related to protecting the human rights of stateless persons and the right to acquire a nationality for all persons in Hungary: I. The domicile condition should be eliminated in order to bring Hungary’s law in full compliance with Article 7 of the Convention on the Rights of the Child, by ensuring that all children born in Hungary, who would otherwise be stateless, acquire Hungarian nationality automatically at birth. II. The conditions related to the acquisition of Hungarian nationality by declaration should be modified to comply with international law. The requirement of the parents having a domicile at the time of the birth and the requirement of the child living in the country with a domicile for 5 years should both be eliminated. Furthermore, the acquisition of Hungarian nationality through declaration should be permissible at least until the 21st (instead of the 19th) birthday of the applicant, but ideally, with no age limit prescribed. III. Statistics related to the application of the declaration provision should be maintained and published. This statistical information should include disaggregated data on the number of claims submitted, as well as the number of positive and negative decisions. IV. Transparency in naturalisation procedures should be increased. Grounds for rejection must be clearly stated. Statistics about the naturalisation claims of refugees, beneficiaries of subsidiary protection and tolerated status, as well as stateless persons should be published. This statistical information should include data about the number of claims, as well as the number of positive and native decisions, disaggregated according to the nationality and legal status of the applicant. Act CLIV of 1997 on Health, Section 142 (2)-(3). Human Rights Council, Resolution 16/21: Review of the work and functioning of the Human Rights Council, UN Doc. A/HRC/RES/16/21, April 2011, Annex 1, Para 6. 40

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