1987. Különkiadvány, 1987.10.01 / HU_BFL_XIV_47_2
5. Civil Rights According to the Constitution, the Hungárián State respects humán rights (Section 54, Paragraph 1), and humán rights are civil rights. Ratification of the International Covenant on Civil and Political Rights (Lav Decree No 8 of 1976) has fleshed out vith systematized regulations the principle of recognizing humán rights in the Constitution. Yet civil right6 do nőt enjoy firm protection. The Constitution itself undermines civil rights, by giving preference over them to "socialist society's" interests nőt othervise specified, and makes the enjoyment of civil rights dependent on the "fulfillment of civic duties" (Section 54, Paragraph 2). There are in force a multitude of regulations that violate the individual's humán rights. The State*s legal structure is nőt geared to the Constitution'8 injunction to respect humán rights. Safeguards are lacking that, in the case of human-rigbts violations, could ensure cessation of the injurious conduct and elimination of its consequences. The Citizen is at the mercy of the pover structure*s vhim. When he is being treated tolerably, that can be attributed to the benevolence, convenience or corruptibility of the authorities. The Citizen can hope to succeed through submission and cunning, rather than through self-respecting assertion of his rights. ThÍ6 situation in itself demands radical change; bút resolution of the economic and political crisis cannot be imagined vithout reinforcing civil rights, either. Vithout lav-abiding citizens secure in their rights, there can be neither an effective markét economy, nor State pover subject to society's oversight and influence.- The body of statutory regulations affecting civil rights must undergo a comprehensive reviev.- The State's legal structure must be adapted to the norm of respect fór civil rights.- Safeguards must be pút in piacé in vhicb the civil rights are entrencbed. The status of humán rights in the Constitution must be clarified. This can best be achieved vith a resolution passed by the National Assembly. Amending Section 54, Paragraph 2, of the Constitution, the resolution should declare the folloving:- That the civil right6 of a Citizen may be restricted only vhen he violates a duty such that he is liable to criminal prosecution; the restriction must be based on a sentence of the criminal court.- That public interest may varrant the restriction of civil rights only in an emergency; economic, social and other public objectives may be pursued only vithin the limit6 set by civil rights.- That the Citizen alone decides vhether or nőt he vÍ6hes to ezercise his rights. Allegedly in his ovn interest, no person may be forced to ezercise, fé ‘ % , ■ *"C# *
