Other provisions

Hungarian law does not employ the term ‘religious minorities’. Clearly, discrimination on the basis of religion is prohibited by the Constitution. On the other hand, the social status of a religious community cannot be the basis of positive discrimination (affirmative action): the neutrality of the state implies that there is no obligation to promote small religious communities to compensate for their lack of members.
The preamble of the Basic Law (‘national avowal’ of the Constitution) contains an acknowledgement of the role of Christianity in upholding the nation. This is, on the one hand, the acknowledgement of a historical fact. On the other hand, the role of Christianity in forming the nation is endorsed, not the religious belief. The preamble also shows respect to the various religious traditions of the country. (‘We recognise the role of Christianity in preserving nationhood. We value the various religious traditions of our country.’)
The Constitution recognises the collective rights of traditional ethnic minorities. Traditional ethnic minorities are legally defined (one of the conditions is their presence in the country for over a century) and their list is fixed by law (Act CLXXIX/2011.). Agreements with some minority churches relate to their impact in preserving the ethnic community, for example the agreement between the Serb Orthodox diocese of Buda and the Government (2012). Similar agreements have been concluded by other Orthodox Churches too. The Act on National Minorities acknowledges the right of minorities to exercise their religion in their native language; this right is dependent on their faith communities to a large extent. That right shall, therefore, be respected, but cannot be enforced by the state.

Any minor religious communities can easily obtain the official status of religious associations. The multi-tier system of religious communities (adopted in 2011), however, expects recognised churches to cooperate with the state with regard to public services (education, health care, etc.). Religious associations can also set up institutions providing public services, but cannot expect public funding for them.

Among officially recognised churches, the only newly emerging communities are the ‘Faith Church’ – an evangelical congregation - and the Hungarian branch of ISKCON. A number of ‘older’ communities that in the past were regarded as destructive sects have been recognised since. These include Jehovah Witnesses, the Salvation Army, Nazarenes, Adventists, Methodists, Latter-Day Saints. A number of traditional minorities, including various Jewish, Muslim and Buddhist communities, have also been recognised. All these minority communities are included in the ‘upper tier’ of the multi-tier system.

Hungary is less affected by international migration than most European countries. Communities impacted by immigrants or resident aliens go from the Anglican Church to the Coptic Church and Islam. Some minorities have been weakened, others strengthened by migration: after World War I many Serbs left Hungary for Yugoslavia, and since World War I many ethnic Hungarian Unitarians from Transylvania settled in Hungary. Some minorities suffered tensions between newcomers and traditional members: for example, the majority of the Armenian community in Hungary living in the country since the 17th century is (Uniate) Armenian Catholic. While preserving some Armenian traditions and roots, this community is highly integrated. On the contrary, Armenians who have settled in Hungary during or after the Soviet era are mostly affiliated to the Armenian Apostolic Church and speak Armenian as their native language.

Based on census data and data provided by the Muslim community, the size of the Muslim community in Hungary is estimated between 6,000 and 30-50,000 members. According to census data, approximately 50% of Muslims in Hungary have part Turkish, part Arabic roots. 50% also stated that they are Hungarian. The age composition of the Muslim community clearly suggests a dynamic growth.

Minorities within minorities may have special dynamism. For example, the Lubavitch Movement (Unified Hungarian Jewish Congregation) has become a highly visible player on the religious scene, attracting many young people in search of their Jewish roots.

D 9 February 2021    ABalázs Schanda

Spiritual assistance to inmates of penitentiaries has been carried out in an institutionalised way before the communist takeover. Traditionally, prisons also had chapels. During the communist rule this church activity was not possible, but since the fall of the communist system it is widely appreciated by penitentiaries. Several ecumenical prison chapels were reopened or built, and the chaplaincy service also has an institutional framework since 2000.

In 2000, a chaplaincy for the penitentiaries was established for the Catholic, the Reformed, and the Lutheran churches, as well as for the Jewish community. This institution is similar to the army chaplaincy. All other registered religions also have the right to pursue religious activities in the penitentiaries on the request of the inmates; however, the four largest religions are institutionalised, and their pastors can become public servants, paid by the penitentiaries as their own staff. To qualify, these chaplains must have permission from their churches, and they must comply with the requirements of civil servants. Besides clergymen (which is, for the Catholic Church, not only ordained priests but also deacons) employed by the penitentiary as a prison chaplain, religious communities are free to send any other person (clergy or lay) to pursue religious activities in the prisons. However, they would not be paid by the penitentiary.

Organized prison chaplaincy of mainstream religious communities does not rule out the possibility of any other religious community to engage into prison missions. In practice, penitentiaries welcome all kinds of religious activities, not just those provided by official prison chaplains. Other religious initiatives shall be granted space at prisons and cooperation in this respect functions well. Prisons – unlike the army – are in a situation where they are compelled to appreciate any kind of assistance in the resocialisation of their inmates.

Tihanyi M., "A börtönlelkészi szolgálat működése: A vallásszabadság jogának szervezeti keretei a büntetés-végrehajtási intézetekben" (Operation of the Prison Pastoral Service: Organizational Framework for the Right to Religious Freedom in Penitentiary Institutions), IAS 2018/3, 203-218.

D 9 February 2021    ABalázs Schanda