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               „Dignity on the margin”

                             Prof. Dr. Máté Szabó
                                 Ombudsman
                                    Hungary

                      European Research Conference, Budapest, 17th September 2010
                   UNDERSTANDING HOMELESSNESS AND HOUSING EXCLUSION IN THE
                                                                                    ENHR
                                      NEW EUROPEAN CONTEXT
Ombudsman’ role
   The main task of the Ombudsman
    (Parliamentary Commissioner for Civil
    Rights) is to investigate any abuses of
    constitutional rights he/she has become
    aware of and to initiate general or particular
    measures for their redress
   Act LIX of 1993, on the Parliamentary
    Commissioner for Civil Rights, states that
    anybody may apply to the Ombudsman, if
    they have suffered injury as a result of action of
    any authority or body performing a public
    service.

           European Research Conference, Budapest, 17th September 2010
          UNDERSTANDING HOMELESSNESS AND HOUSING EXCLUSION IN            ENHR
                        THE NEW EUROPEAN CONTEXT
Proactive work – projects
   It is launched a new working method and
    a way of thinking after September 2007;
   Every year different topics are determined;
    which are especially important for the society
    and the enforcement of the rule of law and
    have a particular significance from the point
    of rights and freedoms


          European Research Conference, Budapest, 17th September 2010
         UNDERSTANDING HOMELESSNESS AND HOUSING EXCLUSION IN            ENHR
                       THE NEW EUROPEAN CONTEXT
Special project on human dignity of
             homeless people
   Basic thesis – Right to human dignity
               - The objective obligation of the state to ensure the
                 fundamental rights
               - Fundamental rights are inviolable and inalienable!


   The aim of the project is: to analyze the
    enforcement of the fundamental rights of
    people without any shelter, to determine
    the dilemmas of „being” and „rights”

           European Research Conference, Budapest, 17th September 2010
          UNDERSTANDING HOMELESSNESS AND HOUSING EXCLUSION IN            ENHR
                        THE NEW EUROPEAN CONTEXT
Social crisis
   Dilemmas:
        - Poverty
        - Exclusion

        - Periphery

        - Resignation

               - Low level of capacity to interest
          articulation & representation

 DEFENCELESSNESS

           European Research Conference, Budapest, 17th September 2010
          UNDERSTANDING HOMELESSNESS AND HOUSING EXCLUSION IN            ENHR
                        THE NEW EUROPEAN CONTEXT
Strategies
   The strategy of homeless people for survive:



„ violence of moral borders”

   The answer of the state and the society:
       - creation of equal chances
       - prevention
       - bleeding out

           European Research Conference, Budapest, 17th September 2010
          UNDERSTANDING HOMELESSNESS AND HOUSING EXCLUSION IN            ENHR
                        THE NEW EUROPEAN CONTEXT
Constitutional principles
   Using tools of the rule of law – fair
    procedures
   The philosophy of the primacy of human
    dignity (But: „a minimum standard of
    living” - Decisions of the Hungarian
    Constitutional Court)
   Dialogue: The state has to offer an
    alternative for real cooperation!

          European Research Conference, Budapest, 17th September 2010
         UNDERSTANDING HOMELESSNESS AND HOUSING EXCLUSION IN            ENHR
                       THE NEW EUROPEAN CONTEXT
Main investigations
   Removal of arm-rests of public benches and the removal of the homeless
    due to urban image (the so-called ‘arm-rest’ report laying the foundations of
    the project);
   Aspects of the debt spiral causing homelessness;
   The questionable practice of juridical writ of execution;
   The procedure of the security guards of the Budapest Public Transport Co.
    at the Kőbánya-Kispest Metro Station, and activities of security personnel in
    night bus services;
   Access to certificates and cards entitling one to get health care;
   Evacuation in Kispest,
   NATO summit and plans for the removal of the homeless from the small
    forest of Kispest;
   The situation of the homeless in the streets of a housing estate in
    Veszprém;
   Anomalies in legal norms related to residential address, place of stay and
    financial provisions;
   Operation of day shelters and their closure during the weekend
   Beglers mafia
   Against sanctions on rubbish-sifting in Kaposvár
              European Research Conference, Budapest, 17th September 2010
             UNDERSTANDING HOMELESSNESS AND HOUSING EXCLUSION IN            ENHR
                           THE NEW EUROPEAN CONTEXT
Proactive work
   Exhibition from art pieces of homeless artists in
    the Ombudsman’ Office
   Initiating a Social Charter signed by all relevant
    civil actor
   Joining the „adoption of Nyugati Station”
   Attending at the „Night of the Homeless”
   2008 – Justitia Regnorum Fundamentum Annual
    Human Rights Award to the head of the Public
    Foundation for Homeless People.

           European Research Conference, Budapest, 17th September 2010
          UNDERSTANDING HOMELESSNESS AND HOUSING EXCLUSION IN            ENHR
                        THE NEW EUROPEAN CONTEXT
Thank you for your kind
       attention!

                                                       www.obh.hu




  European Research Conference, Budapest, 17th September 2010
 UNDERSTANDING HOMELESSNESS AND HOUSING EXCLUSION IN            ENHR
               THE NEW EUROPEAN CONTEXT

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Human Dignity without Barriers - the Special Focused Project of the Hungarian Parliamentary Commissioner for Civil Rights about the Human Dignity of Homeless People

  • 1. Insert your logo „Dignity on the margin” Prof. Dr. Máté Szabó Ombudsman Hungary European Research Conference, Budapest, 17th September 2010 UNDERSTANDING HOMELESSNESS AND HOUSING EXCLUSION IN THE ENHR NEW EUROPEAN CONTEXT
  • 2. Ombudsman’ role  The main task of the Ombudsman (Parliamentary Commissioner for Civil Rights) is to investigate any abuses of constitutional rights he/she has become aware of and to initiate general or particular measures for their redress  Act LIX of 1993, on the Parliamentary Commissioner for Civil Rights, states that anybody may apply to the Ombudsman, if they have suffered injury as a result of action of any authority or body performing a public service. European Research Conference, Budapest, 17th September 2010 UNDERSTANDING HOMELESSNESS AND HOUSING EXCLUSION IN ENHR THE NEW EUROPEAN CONTEXT
  • 3. Proactive work – projects  It is launched a new working method and a way of thinking after September 2007;  Every year different topics are determined; which are especially important for the society and the enforcement of the rule of law and have a particular significance from the point of rights and freedoms European Research Conference, Budapest, 17th September 2010 UNDERSTANDING HOMELESSNESS AND HOUSING EXCLUSION IN ENHR THE NEW EUROPEAN CONTEXT
  • 4. Special project on human dignity of homeless people  Basic thesis – Right to human dignity - The objective obligation of the state to ensure the fundamental rights - Fundamental rights are inviolable and inalienable!  The aim of the project is: to analyze the enforcement of the fundamental rights of people without any shelter, to determine the dilemmas of „being” and „rights” European Research Conference, Budapest, 17th September 2010 UNDERSTANDING HOMELESSNESS AND HOUSING EXCLUSION IN ENHR THE NEW EUROPEAN CONTEXT
  • 5. Social crisis  Dilemmas: - Poverty - Exclusion - Periphery - Resignation - Low level of capacity to interest articulation & representation  DEFENCELESSNESS European Research Conference, Budapest, 17th September 2010 UNDERSTANDING HOMELESSNESS AND HOUSING EXCLUSION IN ENHR THE NEW EUROPEAN CONTEXT
  • 6. Strategies  The strategy of homeless people for survive: „ violence of moral borders”  The answer of the state and the society: - creation of equal chances - prevention - bleeding out European Research Conference, Budapest, 17th September 2010 UNDERSTANDING HOMELESSNESS AND HOUSING EXCLUSION IN ENHR THE NEW EUROPEAN CONTEXT
  • 7. Constitutional principles  Using tools of the rule of law – fair procedures  The philosophy of the primacy of human dignity (But: „a minimum standard of living” - Decisions of the Hungarian Constitutional Court)  Dialogue: The state has to offer an alternative for real cooperation! European Research Conference, Budapest, 17th September 2010 UNDERSTANDING HOMELESSNESS AND HOUSING EXCLUSION IN ENHR THE NEW EUROPEAN CONTEXT
  • 8. Main investigations  Removal of arm-rests of public benches and the removal of the homeless due to urban image (the so-called ‘arm-rest’ report laying the foundations of the project);  Aspects of the debt spiral causing homelessness;  The questionable practice of juridical writ of execution;  The procedure of the security guards of the Budapest Public Transport Co. at the Kőbánya-Kispest Metro Station, and activities of security personnel in night bus services;  Access to certificates and cards entitling one to get health care;  Evacuation in Kispest,  NATO summit and plans for the removal of the homeless from the small forest of Kispest;  The situation of the homeless in the streets of a housing estate in Veszprém;  Anomalies in legal norms related to residential address, place of stay and financial provisions;  Operation of day shelters and their closure during the weekend  Beglers mafia  Against sanctions on rubbish-sifting in Kaposvár European Research Conference, Budapest, 17th September 2010 UNDERSTANDING HOMELESSNESS AND HOUSING EXCLUSION IN ENHR THE NEW EUROPEAN CONTEXT
  • 9. Proactive work  Exhibition from art pieces of homeless artists in the Ombudsman’ Office  Initiating a Social Charter signed by all relevant civil actor  Joining the „adoption of Nyugati Station”  Attending at the „Night of the Homeless”  2008 – Justitia Regnorum Fundamentum Annual Human Rights Award to the head of the Public Foundation for Homeless People. European Research Conference, Budapest, 17th September 2010 UNDERSTANDING HOMELESSNESS AND HOUSING EXCLUSION IN ENHR THE NEW EUROPEAN CONTEXT
  • 10. Thank you for your kind attention! www.obh.hu European Research Conference, Budapest, 17th September 2010 UNDERSTANDING HOMELESSNESS AND HOUSING EXCLUSION IN ENHR THE NEW EUROPEAN CONTEXT

Editor's Notes

  1. Introduction FEANTSA Information from FEANTSA’s members Specific look at some countries (not IE and UK)