Alapjoga

Alapjoga is the Hungarian term for fundamental rights, the basic civil, political, and social rights that belong to every person. In Hungarian legal doctrine, alapjogok are protected by constitutional law and by international human rights instruments, providing a framework for individual liberties and equal treatment under the law.

The primary legal source for alapjogok is the Fundamental Law of Hungary, commonly referred to as the Alaptörvény. The Fundamental Law sets out a catalogue of rights and guarantees, and it shapes how state powers may regulate or restrict these rights. In addition, Hungarian rights protections are shaped by international law, notably the European Convention on Human Rights, to which Hungary is a party, and by the jurisdiction of European Union law where applicable.

Enforcement and interpretation of alapjogok involve several institutions. The Commissioner for Fundamental Rights (the ombudsman) has a mandate to monitor and address potential violations of fundamental rights and to promote legal awareness. Individuals can seek redress in the courts, and the Constitutional Court (or its successor judicial bodies) reviews laws and state actions for conformity with the Fundamental Law and fundamental rights guarantees.

Typical rights encompassed by alapjogok include the right to life and bodily integrity, freedom of thought, conscience and religion, freedom of expression, privacy, freedom of assembly and association, equality before the law, and the right to education. Limitations on these rights may be established by law to pursue legitimate aims such as public order, national security, or the rights of others, provided the restrictions are lawful and proportionate.

Overall, alapjogok function as a central element of Hungary’s constitutional order and its interaction with European human rights standards.