Mátyás Bódig analyses the doctrinal framework of the UN Committee on Economic, Social and Cultural Rights (CESCR). Over the past twenty-five years, the CESCR has developed a complex system of human rights obligations, especially visible in the General Comments. He discusses two characteristic doctrinal constructs in CESCR jurisprudence: the so-called 'minimum core obligations' and the tripartite classification of State obligations, and argues for a doctrinal innovation in the area of economic and social rights.
Katalin Gacs examines constitutional problems of the homeless people's criminalization in Hungary. By analysing constitutional, governmental and municipal regulations and Constitutional Court decisions from the past years, she finds that now we face a system seriously violating human rights. Far from recognising the right to housing, the regulatory context instead amounts to the criminalisation of poverty.
The contributions of Andrea Borbíró, Gábor Juhász, Attila Lápossy - Katalin Szajbély, Bálint Misetics and Gergő Prazsák discuss the recent regulatory turn criminalizing homelessness in Hungary, and find severe inconsistencies within the constitutional approach and within criminal policy, in addition to tensions with the principles of international human rights standards.
Miklós Lévay, Krisztina Kovács and Anna Doszpoth overview the case-law of the Federal Constitutional Court of Germany and the European Court of Human Rights related to the whole life sentence, placing particular emphasis on the Magyar László v. Hungary judgment. The authors argue that the relevant Hungarian regulation should be reformed and they offer a de lege ferenda proposal.
Júlia Mink comments on the decision of the European Court of Human Rights in the case Magyar Keresztény Mennonita Egyház against Hungary initiated by 17 Hungarian religious groups, which lost their church status due to the new law on freedom of religion.
Renáta Uitz comments on recent decisions of both the European Court of Human Rights and the U.S. Supreme Court on religious freedom. She investigates whether these decisions represent the crisis of this traditional human right while religious diversity increases.
In this column summaries of some of the recent decisions of the European Court of Human Rights, and the Hungarian Constitutional Court are presented.
Erika Muhi presents the so-called 'Zugló homeless people's case', in which people were forcefully evicted from their place of stay without any legal procedure by the local self-government. An NGO, the Legal Defence Bureau for National and Ethnic Minorities initiated proceedings alleging discrimination, and has so far won the case.
In this column we report of a conference organized by INDOK and ELTE TáTK on renewing the education of introduction to jurisprudence with regard to the adoption of the new constitution of Hungary. ■
Visszaugrás
