Legal framework on freedom of religion and actual application
The Preamble to the Hungarian Constitution recognises the prominent place of Christianity in the history of the country, declaring: “We are proud that our king, Saint Stephen, built the Hungarian state on solid ground and made our country a part of Christian Europe 1,000 years ago.” The Preamble further recognized “the role of Christianity in preserving nationhood.” Provisions on freedom of religion or belief in the 2011 constitution were amended in 2016. Article VII (1) enshrines the principle of religious freedom, drawing on Article 18 of the Universal Declaration of Human Rights. Article VII (3) goes on to establish the separation of Church and state while underlining the value of their cooperation on “community goals.”
In 2020, the constitution was amended upholding the protection “of the right of children to a self-identity corresponding to their sex at birth” and an upbringing “in accordance with the values based on the constitutional identity and Christian culture of our country” (Article XVI).
In 2018, the much-debated Church Act was amended, setting up categories of Churches that can register with Hungarian courts. As a result, over 300 hundred religious organizations lost their status while 14 retained it. These four categories under the Church Act are: established Churches; registered Churches; listed Churches; as well as a broader category called “religious associations.” The 32 established groups include most Christian Churches (Catholic, Protestant, Orthodox), Jewish denominations, as well as other world religions (Buddhism, Islam, Hindu, etc.). Those recognized as established Churches are substantially subsidized for performing of public service activities. Beginning in 2020, taxpayers may choose to allocate one percent of their income taxes to any of the four recognized religious categories.
Under the Church Act, the state can conclude specific agreements with the registered religious communities. In the case of established Churches, it can conclude comprehensive agreements that are legally enacted on the basis of the communities’ history, social acceptance and importance, organisation and social responsibility, which led them to become an established religious community. State agreements with the Holy See for the financing of public services and religious activities, as well as settlements for seizures of property during the communist era provide the framework for formal agreements with other religions, such as the Hungarian Reformed Church, Hungarian Lutheran Church, Federation of Hungarian Jewish Communities (Mazsihisz), and four Orthodox churches.
Students in state schools are required to attend a faith or ethics class one hour per week for the first eight grades. Parents may choose between a course from an established Church or secular ethics taught by public school teachers. Other religious organizations, not classified as established Churches, may offer courses at the request of parents or students, however, those religious organizations are not obligated to do so. Furthermore, a religious organization may assume leadership of a public school “if more than 50 percent of the parents and adult students enrolled at the school sign a petition to do so and the Ministry of Human Capacities (MHC) approves the change.” If approved, the government will continue to subsidize the school. From 2021 to 2022, 19.6 percent of elementary and secondary schools were Church run.
In Hungary, several anti-religious acts are punishable under criminal law. Assault motivated by religious bias and violence against a member of the clergy are punishable from one to five years in prison. Preparation for the use of force against a person, as a member of a religious community, constitutes a misdemeanour and is punishable for up to two years in prison. Additionally, denial of the Holocaust, genocide, and other crimes against humanity committed by the National Socialist or Communist regimes, are punishable for up to three years in prison. Along those same lines, wearing a symbol of Nazi SS or Arrow Cross (Nazi-affiliated group) is punishable by up to 90 days detention.
Incidents and developments
There were 10 anti-Semitic hate crimes reported by the Organization for Security and Cooperation in Europe in its 2021 report. The crimes were comprised of threats and violent attacks. In one of the incidents, Jewish individuals were threatened, spat on, and attacked with a baseball bat while attending the opening of a new synagogue.
In 2007, Hungary pledged USD $21 million to Holocaust survivors in Hungary and Hungarian survivors abroad over a five-year period. The payments were considered to be an advance on the value of heirless and unclaimed Jewish assets confiscated during the Second World War. In a 2021 letter to the World Jewish Restitution Organization (WJRO), Hungary stated that the compensation claims had been satisfied and it was “no longer possible to pay restitution for any abandoned Jewish property, whether in or outside Hungary.” At the end of 2022, Hungary had reportedly agreed to an evaluation of the compensation amount by experts.
During a 2023 meeting for Hungarian Jewish leaders and academics, the Israeli ambassador in Budapest stated that “Hungary and Italy are the safest places for Jews.”
In March of 2021, pews were set on fire and an icon with sprayed with flammable chemicals in an arson attack at a Greek Orthodox Church.
In April of 2020, a cartoon of Chief Medical Officer Cecilia Müller criticized her attempt to minimize, according to some, the number of deaths during the COVID pandemic. She was pictured looking at a crucifix saying, “His underlying condition caused addiction [or his death].” (For context, Cecilia Muller has consistently worn a gold crucifix around her neck.) In response, Christian Democratic People’s Party leader, Imre Vejkey, brought a lawsuit alleging a violation of Article IX (5) of the constitution which states that freedom of expression cannot violate the dignity of a religious community. Initially, the court found that the cartoon did not ridicule Christianity, prompting a joint statement from the Hungarian Catholic Bishops Conference. However, in June of 2021, the court found that the plaintiff’s dignity had been infringed by the cartoon and ordered the newspaper “to pay HUF 400,000 (EUR 1,140) to Imre Vejkey, as well as to reimburse the court costs and to publish an apology on the front page”.
Prospects for freedom of religion
While Hungary’s Christian values and heritage are clearly supported in its constitution and various laws, religious minorities continue to observe their religious customs without interference. Prospects for religious freedom remain positive.
Hungary