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There appears to be no legislation in Hungary that addresses forced marriage.
Although legislation in Hungary does not recognise consent as a strict requirement of marriage, article 1 of the constitutional law 2013 recognises that marriage is based on consent.
There appears to be no legislation in Hungary that prohibits servile matrimonial transactions.
There appears to be no legislation in Hungary that prohibits marriage trafficking.
The minimum age for marriage in Hungary is 18, without differentiation by gender, as set out on Article 4.9 of the 1959 Civil Code. Where marriages are conducted involving a person below the minimum age, the marriage is annullable, as set out on Article 4.15 of the 1959 Civil Code. However, marriages below this age are permitted with the authorization of the guardian, as set out on Article 4.9 of the 1959 Civil Code. These exceptions are not differentiated by gender, and allow marriage as early as 16.
Eastern Europe
European Court of Human Rights
Civil
Paragraph 202
The Criminal Code of the Hungarian People’s Republic declares, among others, any attacks against personal freedom, life, and corporal integrity to be criminal acts.
Paragraph 203
The pertinent provisions of the Criminal Code of the Hungarian People’s Republic are the following:
…
Section 262.
(1) Whoever unlawfully deprives anpther of his personal freedom shall be punished with loss of liberty not exceeding two years.
Article 1
Article 2
Human dignity shall be inviolable. Every human being shall have the right to life and human dignity; the life of the foetus shall be protected from the moment of conception.
Article 3
Article 4
Hungary Constitution 2011 (Revised 2013) (PDF)
Section 143. Crimes Against Humanity
(1) Any persons who – being part of a widespread or systematic practice:
(d) engages in the trafficking in human beings or in exploitation in the form of forced labor;
e) deprives another person of his personal freedom, or unlawfully maintains his abduction;
f) forces another person to commit or tolerate sexual violence, forces others into prostitution or to bear a child, or into illegal abortion;
is guilty of a felony punishable by imprisonment between ten to twenty years or with life imprisonment.
(2) Any person who engages in preparations for crimes against humanity is guilty of a felony punishable by imprisonment between two to eight years.
(3) In the application of this Section widespread or systematic assault on the civilian population shall include all conduct which covers the acts defined under Subsection (1) committed systematically against the civilian population aiming to implement or facilitate the policies of a State or organization.
Article 192. Trafficking in human beings and forced labour
(1) Whoever:
a) sells, purchases, exchanges, or transfers or receives another person as consideration; or
b) transports, harbors, shelters or recruits another person for the purposes referred to in Paragraph a), including transfer of control over such persons is guilty of a felony punishable by imprisonment from one to five years.
(2) Whoever, for the purpose of obtaining a regular advantage for work, the performance of a work-type activity, other services or the continuation of an illegal act
(a) deceives, abuses the victim’s education, supervision, care, medical treatment or any other power or influence in relation to the victim, or exploits the victim’s vulnerable position, or
b) coerces by force or threat,
is punishable by two to eight years’ imprisonment for a criminal
3) Whoever recruits, transfers, takes over, sells, buys, exchanges, transfers or takes over for the purpose of committing an act specified in subsection (2), acquires, transports, accommodates, hides, conceals shall be punished by imprisonment for a term of two to eight years.
(4) Whoever commits an offense specified in subsection (2) or (3) for the purpose of committing a sexual act or illicit use of the human body shall be punished by imprisonment for a term of five to ten years for the offense.
(5) The punishment shall be imprisonment for a term of five years to ten years in the case of an offense specified in subsection (2) or (3), and imprisonment for a term of five to fifteen years in the case of an offense specified in subsection (4) if committed
a) to the detriment of a person under the age of eighteen,
b) by afflicting the victim,
c) as an official, using that quality, or
d) to the detriment of several people.
(6) The punishment shall be imprisonment for a term specified in subsection (2) or (3) from five to fifteen years, in the case of an offense specified in subsection (4) from five to twenty years or life imprisonment, if committed
(a) to the detriment of a person under the age of twelve, or
(b) causing danger to life or particularly serious disadvantage.
(8) Is punishable
(a) the victim of trafficking in human beings and forced labor as defined in paragraph 2 uses or uses the work, work-related activity, other services or illegal activity, with a term of imprisonment of up to three years;
(b) commits an offense set forth in subparagraph (a) by sexual exploitation or for the unlawful use of the human body, with a term of imprisonment of one to five years;
Section 194. Violation of Personal Freedom
(1) Any person who deprives another person of his personal freedom is guilty of a felony punishable by imprisonment not exceeding three years.
(2) The penalty shall be imprisonment between one to five years if the violation of personal freedom is committed:
a) against a person under the age of eighteen years;
b) with malice aforethought or with malicious motive;
c) by tormenting the victim;
d) against a person incapable of self-defense;
e) by displaying a deadly weapon;
f) by carrying a deadly weapon;
g) causing a significant injury of interests; or
h) by the unlawful impersonation of an authority.
(3) The penalty shall be imprisonment between two to eight years if the criminal offense is committed against a person under the age of eighteen years, and either of the aggravating circumstances under Paragraph b) or c) of Subsection (3) apply.
Section 201. Procuring for prostitution or sexual act
(1) Any person who:
a) persuades another person to engage in prostitution;
b) makes available a building or another place for another person to engage in prostitution;
c) provides assistance for the prostitution of a person under the age of eighteen years;
is guilty of a felony punishable by imprisonment not exceeding three years.
(2) The penalty shall be imprisonment between one to five years for persuading a person under the age of eighteen years to engage in prostitution.
(3) Any person who maintains or operates a brothel, or provides material assistance for the operation of a brothel is punishable by imprisonment between one to five years.
Section 203. Exploitation of Child Prostitution
(1) Any person who endeavors to profit from the exploitation of the prostitution of a person under the age of eighteen years is guilty of a felony punishable by imprisonment not exceeding three years.
(2) Any person who gives money or any other form of remuneration for sexual activities with a person under the age of eighteen years is punishable in accordance with Subsection (1).
(3) Any person who is supported partly or wholly by profiting from the exploitation of the prostitution of a person under the age of eighteen years is punishable by imprisonment between one to five years.
(4) Any person who maintains or operates a brothel, or provides material assistance for the operation of a brothel where the exploitation of the prostitution of a person under the age of eighteen years takes place is punishable by imprisonment between two to eight years.
Section 209. Child Labor
Any person who:
a) violates the statutory provisions on the employment of persons under the age of eighteen years; or
b) employs a third-country national under the age of eighteen years without authorization to undertake gainful employment;
is guilty of a felony punishable by imprisonment not exceeding three years.
Hungarian Criminal Code 2012 (PDF)
Article 1
Section 2:10 [Minority]
(1) A minor is a person under the age of eighteen. Upon conclusion of marriage, minors shall achieve majority.
(2) If marriage is declared invalid by the court on the grounds of lacking capacity to act or the absence of the guardianship authority permission necessary due to minority, majority achieved through marriage shall cease.
(3) Termination of the marriage shall not affect majority acquired by marriage.
Section 4:3 [Principle of equality between spouses]
Spouses shall be equal in matters of married life and the family; their rights and obligations shall be equal.
Section 4:4 [Principle of equity and protection of the weaker party]
Legal relationships concerning the family shall be settled in an equitable manner and by taking the protection of the party weaker in terms of in asserting interests into account.
Section 4:5 [Conclusion of marriage]
(1) The marriage shall be concluded if a man and a woman both present, before the civil registrar declare in person that they enter into marriage with each other. This declaration shall not be subject to conditions or a time limit.
(2) After the mutual declaration is made, the civil registrar shall establish that the marriage is concluded and enter the fact of the conclusion of marriage into the register of marriages.
(3) In the absence of the conditions set out in paragraph (1), the marriage shall not be concluded. A non-existent marriage shall be considered as it had never been entered into.
Section 4:9 [Age limit to marry]
(1) The marriage of a minor shall be invalid if concluded in the absence of the prior permission of the guardianship authority.
(2) In cases specified by the law, the guardianship authority may grant permission for the minor over the age of sixteen who has limited capacity to act to marry.
(3) The guardianship authority shall decide to grant or reject the application after hearing the parent or the guardian. Those parents who may not exercise their custody rights even in substantial matters affecting the future of the child, or whose whereabouts are unknown or who cannot be heard due to other irremovable obstacles need not be heard.
(4) A marriage concluded in the absence of the guardianship authority’s permission or before one of the spouses reaching the age of sixteen years shall become valid retroactively to the date of its conclusion after six months of the spouse reaching majority if the spouse concerned does not challenge the validity of the marriage within this term of preclusion, or the court, at the spouse’s request, terminates the action brought on this ground earlier by another person entitled to do so.
Section 4:15 [Eligibility to bring an action for annulment]
(1) An action for annulment may be brought either during the marriage or after the termination of the marriage.
(2) Unless otherwise provided in this Act, an action for annulment may be brought by either spouse, the prosecutor or any person with a legal interest in the establishment of the invalidity of the marriage.
(3) If the person who brought the action dies, any other eligible person may replace him in the action.
Section 4:16 [Restriction of eligibility to bring an action]
(1) For the ground of minority and the absence of the permission to marry, after reaching majority; and for the ground of being subject to custodianship, after the termination of custodianship, the spouse affected by such grounds for invalidity may bring an action for annulment. The action may be brought by the eligible person within six months after reaching majority, and the termination of custodianship, respectively.
(2) On the ground of having no capacity to act at the time of the conclusion of marriage, the action for annulment may be brought by the spouse who had no capacity to act at the time of the conclusion of the marriage. The action may be brought within six months of the termination of incapacity, starting on the day when the spouse regains his capacity to act. If the spouse died without regaining his capacity to act, the action for establishing the invalidity of the marriage may be brought by the prosecutor, within six months of the death of the spouse.
(3) Failure to meet the time limits specified in paragraphs (1) to (2) shall lead to forfeiture of rights.
(4) If the spouse exclusively eligible to bring an action under paragraphs (1) to (2) dies, any person who is eligible to bring an action for annulment can replace the spouse in the action.
Section 4:17 [Bringing an action in person]
(1) The action for annulment of marriage shall be brought in person by the person eligible to do so.
(2) The spouse having partially limited capacity to act in terms of bringing actions may bring such an action without the consent of his statutory representative.
(3) For the person eligible to bring an action and having no capacity to act, the action shall be brought on his behalf by his statutory representative with the consent of the guardianship authority.
Section 4:20 [Cases for the termination of marriage]
(1) Marriage shall be terminated
(2) For a new marriage, the former marriage of the spouse concerned shall be considered as terminated, even if the effect of the entry in the register of deaths, the establishment of death or the declaration of presumed death regarding the other spouse has been terminated after the conclusion of the new marriage, provided that neither future spouse knew at the time of the conclusion of the new marriage, that the death has not occurred.
(3) When applying paragraph (1) a) and paragraph (2), the marriage shall be considered as terminated on the date indicated in the entry of the register of deaths or in the court decision as the date of death. When applying paragraph (1) b), the marriage shall terminate on the day when the judgment dissolving the marriage becomes final and binding.
Section 4:21 [Dissolution of marriage]
(1) The court shall dissolve the marriage at the request of either spouse if the marriage has completely and irretrievably broken down. The complete and irretrievable breakdown of the marriage can be established in particular if the community of life between the spouses has ceased, and, considering the process leading up to the termination of the community of life and of the duration of the separation, there is no prospect of restoring it.
(2) The court shall dissolve the marriage without examining the circumstances specified in paragraph (1) if the spouses mutually request it on the basis of their final understanding reached without undue influence.
(3) The dissolution of marriage under paragraph (2) shall be possible if the spouses have agreed on the exercise of parental custody of their common child, contact between the parent living separately and the child, maintenance of the child, use of the matrimonial home, and the spousal maintenance, if claimed, and their court settlement is approved by the court.
(4) If the spouses agreed to have joint parental custody, they need not agree on contact; however, they shall determine the child’s place of domicile.
(5) Upon the dissolution of marriage, the interests of the common child shall be taken into account.
(6) When agreeing on the exercise of parental custody and on contact between the parent and child and on the maintenance of the child, the interests of the child shall prevail.
Section 4:24 [Obligation of cooperation and support]
(1) Spouses owe each other loyalty; they shall cooperate with and support each other in the interest of their common goals.
(2) In cases specified by an Act, this obligation of support shall apply even after the dissolution of marriage.
Section 4:25 [Right to make decisions together and individually]
Spouses shall decide jointly on the matters of married life and the family, and individually on matters affecting their own person, but having due concerns to the interests of their family. When making decision, they shall take the interests of their children and of the other into account.
Section 4:26 [Choosing the place of domicile]
Spouses shall choose their place of domicile in agreement with each other.
Section 4:29 [Entitlement to maintenance]
(1) Those unable to maintain themselves through no fault of their own may claim maintenance from their spouses in case of termination of the marital community of life and from their former spouses in case of dissolution of the marriage.
(2) If the spouse or the former spouse becomes indigent after more than five years since the termination of the marital community of life, maintenance may be claimed in circumstances deserving special consideration.
(3) If the community of life between spouses lasted for less than one year and no child was born from the marriage, the former spouse, if indigent, shall be entitled to maintenance for a period equal to the duration of the community of life. In circumstances deserving special consideration, the court may order maintenance for a period longer than that.
Section 4:30 [Unworthiness of maintenance]
(1) The spouse or former spouse shall be unworthy of maintenance
(2) When assessing the conduct of the spouse or former spouse invoking unworthiness shall be taken into account.
Section 4:34 [Settling property relations between spouses]
(1) Future spouses and spouses may, in a matrimonial property contract, settle their property relations between themselves for the duration of their marital community of life.
(2) Unless otherwise provided in the matrimonial property contract, a matrimonial community of property shall exist between spouses during the period of the marital community of life (statutory matrimonial property regime).
Section 4:72 [The regime of separation of property]
If the spouses, in a matrimonial property contract, excluded the matrimonial community of property in full or with regard to certain acquisitions, assets, burdens and debts for the future, a regime of separation of property shall apply between them to the part of the property affected by this exclusion.
Section 4:77 [Limitations on disposing of the matrimonial home]
(1) During the community of life, and following its termination until the use of the matrimonial home is settled, the spouse may, jointly or with the consent of the other spouse, dispose of the use of the residential premises occupied by them under a common title. This consent shall not be presumed.
(2) The dissolution of marriage or the termination of the marital community of life in itself shall not terminate the right to use the residential premises of the spouse who uses the residential premise under the title of the other spouse.
(3) During the community of life, and following its termination until the use of the matrimonial home is settled, the spouse may not dispose of the residential premises used under his exclusive title either in a way that would be detrimental to the use of the marital home by the other spouse, or the minor child residing in the residential premise.
Section 4:84 [Reimbursement of the value of the right to use the matrimonial property]
(1) The spouse obliged to leave the matrimonial home under a contract or the court’s decision may claim reimbursement equivalent to the financial value of the former right to use.
(2) No reimbursement may be claimed by the spouse
(3) When determining the amount of reimbursement, the value of the child’s right to use the matrimonial property shall be taken into account to the benefit of the spouse who, upon exercising parental custody right, ensures the use of the residential premises for the child.
(4) This reimbursement shall become due upon leaving the matrimonial home unless
(5) Instead of reimbursement, the spouse remaining in the matrimonial home may offer an adequate replacement residential premise to the spouse leaving it.
Section 4:147 [Principles for exercising parental custody]
(1) The parents shall be required to exercise, in cooperation with each other, parental custody with the view to ensure the child’s appropriate physical, mental or moral development.
(2) In the joint exercise of parental custody, the rights and obligations of the parents shall be equal.
Section 4:164 [Joint exercise of parental custody]
(1) Unless otherwise provided by the parents in their agreement, by the guardianship authority or the court, parental custody shall be exercised by the parents jointly even if they do not live together any longer.
(2) In the course of exercising joint parental custody, separated parents shall ensure that their child’s life be balanced.
(3) The parent, even if exercising parental custody jointly with the other parent, may, in the interest of the child, decide independently in cases requiring immediate action, subject to notifying the other parent without delay.
Section 4:165 [Agreement between separated parents on the division of custody rights and on joint parental custody]
(1) Separated parents may divide between each other the rights and obligations pertaining to parental custody, and they can agree that parental custody be exercised by one of them. If the child has been brought up for an extended period of time in the household of one of the parents undisturbed, the agreement of the parents to this end shall be presumed.
(2) At the joint request of the parents and considering the interests of the child, the court shall, in a marital action or an action for settling parental custody, approve the parents’ settlement or decide in a judgment, on the joint parental custody, and in this context the place of domicile of the child, or on the settlement of parental custody under paragraph (1).
Section 4:173 [The parents’ cooperation obligation]
The parent exercising parental custody and the parent living separately from the child shall cooperate in the interest of the balanced development of the child, respecting each other’s family life and peace.
Section 4:178 [Right of contact]
(1) The child shall have the right to maintain a personal and direct contact with the parent living separately. The parent or other person bringing up the child shall be required to ensure undisturbed contact.
(2) Unless otherwise provided by the court or the guardianship authority, the parent living separately from the child shall be entitled and obliged to maintain contact with the child.
(3) The parent may have contact with the child even if the parent’s parental custody rights have been suspended, unless subjected to a restraining order for an act committed against the child or the child’s relative living in the same household with the child.
(4) In exceptionally justified cases, in the interest of the child, the parent
(5) In cases falling under paragraph (4), the court terminating parental custody or, if the child has been taken into care, the guardianship authority shall decide on the authorisation of the parent to keep contacts with the child.