Act No. XXVI. of 1998
ON PROVISION OF THE RIGHTS OF PERSONS
LIVING WITH DISABILITY
AND THEIR EQUALITY OF OPPORTUNITY
Persons living with disability are members
of society with equal dignity and equal standing who are able to exercise
the rights and opportunities to which all are entitled only with considerable
difficulties or not at all. In the interest of easing the disadvantages
of persons living with disability, to lay the foundations for their equality
of opportunity and to shape the attitude of society, Parliament - in harmony
with the Constitution and the generally recognised rules of international
law - adopts the following act:
The aim of the act
The aim of this act is to define the rights
of persons living with disability and the instruments for the exercise
of these rights, further to regulate the complex rehabilitation to be provided
for persons living with disability, and as a result of all these, to ensure
equality of opportunity, independent living and active participation in
the life of society for persons living with disability.
(1) The state, the organisations of society
and their members must carry out their activity in such a way that it cannot
cause damage leading to the development of disability, and they must create
conditions in which persons living with disability are able to live a fuller
life and the burdens arising from their disability can be eased.
(2) In the course of behaviour and activity
related to persons living with disability, action must be taken in such
a way that it prevents deterioration of the state of disability and eases
(3) In the course of planning and decision-making
processes the special needs of persons living with disability must be given
particular attention and it must be taken into account that persons living
with disability are able to take advantage of the possibilities available
to all only if special solutions are applied.
(4) In the course of decisions affecting
persons living with disability it must be taken into account that persons
living with disability are equal members of society and the local community
and for this reason the conditions enabling them to participate in the
life of society must be created.
(5) The state must provide for the respect
of the rights of persons living with disability, and for the operation
of a system of institutions compensating the disadvantages of persons living
with disability, in harmony with the possibilities of the national economy
at the given time.
Due to their condition, persons living
with disability are less able to exercise the rights to which they are
entitled in the same way as everyone else and it is therefore justified
that they should be given priority in every possible way.
For the purposes of application of this
a) person living with disability: anyone
who is to a significant extent or entirely not in possession of sensory
- particularly sight, hearing - locomotor or intellectual functions, or
who is substantially restricted in communication and is thereby placed
at a permanent disadvantage regarding active participation in the life
b) rehabilitation: a process realised
in the health care, mental hygiene, education, training, retraining, employment
and social welfare systems, aimed at developing or maintaining the level
of capability of the person living with disability for participation in
the life of society, and at promoting independent living;
c) aid: means serving to partially or
fully make up for the partial or full lack of physical or sensory capability
in persons living with disability;
d) supporting service: service aimed at
promoting independent living for persons living with disability, at meeting
their everyday needs and realised through personal participation;
e) residential home: form of residence
for a small community, promoting independent living for persons living
Rights to which persons living with
disability are entitled
(1) The person living with disability has
the right to a man-made environment that presents no obstacles, can be
perceived and is safe.
(2) The right set out in paragraph (1)
above applies particularly to possibilities for orientation in traffic
and the man-made environment.
(1) Persons living with disability, their
family members and helpers must be ensured the possibility of access to
information of public interest, as well as to information related to the
rights to which the disabled are entitled and the services provided for
(2) Information is accessible if the person
living with disability can perceive it and if it ensures for him or her
the possibility of appropriate interpretation.
The conditions for mutual information must
be made possible when persons substantially impeded in communication make
use of the public services.
The transport systems, further the means
of public transport and passenger traffic facilities - including signals
and information installations - must be made suitable for safe use by persons
living with disability.
Mobility for persons substantially impeded
in transport may also be ensured by operating a network providing transport,
from the place of departure to the destination.
Provisions must be made for the creation
of parking spaces of suitable number and size in public parking areas for
the use of persons with disability impeded in transport, in keeping with
the separate regulation.
Supporting service, aids
Use of the supporting service appropriate
to the needs justified by the disability, and aids must be provided for
persons living with disability. A separate regulation shall determine the
range of aids obtainable at a subsidised price, the manner and extent of
Target areas for the equalisation of
(1) In the course of providing health care
for persons living with disability - in harmony with Act CLIV of 1997 -
the needs arising from their disability must be taken into account.
(2) Persons living with disability must
be provided - in conjunction with the disability - with regular and efficacious
health care needed for the improvement of their condition and to prevent
the deterioration of their condition. Persons caring for persons living
with disability must be ensured the possibility of special training and
(3) In the course of health care for persons
living with disability, efforts must be made to ensure that the care promotes
rehabilitation and social integration and does not strengthen the sense
(1) It is the right of the person living
with disability to take part in early development and care corresponding
to his or her condition and depending on age, to kindergarten training,
school training and education and development preparation for such education,
in keeping with the provisions of the act on public education.
(2) If it is advantageous for development
of the capabilities of the person living with disability - in keeping with
the opinion of the expert and rehabilitation committee set up for this
purpose - the person living with disability shall take part in kindergarten
training and school education together with other children and pupils,
in the same kindergarten group or school class.
The kindergarten and school providing the
kindergarten training and school training and education of a child living
with disability shall be chosen by the parent on the basis of the opinion
of the expert and rehabilitation committee.
(1) Person living with disability are entitled
to integrated employment or, in the absence of such employment, to sheltered
(2) The employer providing employment
must ensure the workplace environment to the extent required to perform
the work, in particular ensuring the suitable modification of tools and
equipment. Applications can be made to the central budget for support to
cover the costs of such modifications.
If employment of the person living with
disability cannot be ensured within the frame of integrated employment,
as far as possible the right to work must be ensured for him or her through
the operation of special workplaces. The central budget extends normative
support to such sheltered workplaces.
Place of residence
Persons living with disability have the
right to choose a form of residence - family home, residential home, institution
- corresponding to their disability and personal circumstances.
(1) It must be made possible for persons
living with disability to visit educational, cultural, sports and other
(2) The use of sports and leisure facilities
must be made accessible to persons living with disability in order to create
the possibility for participation in sports.
(3) Leisure and mass sports for persons
living with disability are supported by the Miklós Wesselényi National
Youth and Leisure Sport Public Foundation, and competitive and elite sport
by the Aladár Gerevich National Sport Public Foundation.
The right to rehabilitation
Persons living with disability have the
right to rehabilitation. The exercise of this right is ensured by rehabilitation
services and care.
The Government shall set up a public foundation
to carry out the state task set out in Section 21 below. Acts or government
regulations may set further tasks for the public foundation.
The rehabilitation service and care
In the interest of achieving the rehabilitation
of persons living with disability, the public foundation shall provide
the following services:
a) publication of a system of criteria
for the elaboration of drafts for a suitable program corresponding to the
existing or developable capabilities of persons living with disability,
comprising the regular measurement of the development of capability achieved
in the course of the rehabilitation process and making possible the amendment
or further development of the rehabilitation program as required;
b) organisation of access to the services
and benefits specified in the rehabilitation program;
c) co-operation with the organisations
and persons taking part in the process of rehabilitation, monitoring their
d) elaboration of the directions for development
of aids and the supply of aids;
e) elaboration of the considerations to
be taken into account by the helping services and in creating a network
of such services;
f) elaboration of professional-methodological
recommendations based on the experiences gained in the rehabilitation process;
g) gathering data and information related
to the organisations providing the service and the rehabilitation services
they provide, in the interest of informing persons living with disability,
their family members and helpers.
The disability support
Persons above the age of 18 years with
serious disability are entitled to disability support to cover in part
the additional costs arising from the disability, as set out in a separate
The monthly sum of the disability support
shall be equivalent to 80 % of the minimum old-age pension at the given
National Disability Affairs Council
(1) The National Disability Affairs Council
(hereinafter: Council) shall assist the Government in carrying out its
tasks related to disability affairs.
(2) The Council
a) takes initiatives, makes proposals,
gives opinions and co-ordinates in decision-making related to persons living
b) carries out analysis and evaluation
in the process of implementation of decisions.
(3) The Council
a) gives its opinion on draft regulations
affecting persons living with disability;
b) makes proposals for decisions, programs
and legal regulation affecting persons living with disability;
c) takes part in the co-ordination of
activities affecting the affairs of persons living with disability;
d) regularly informs the Government on
trends in the life situation of persons living with disability.
(4) The Council elaborates the National
Disability Affairs Program and monitors its implementation.
(1) The members of the Council:
a) deputy state secretaries of the Ministry
of the Interior, the Ministry of Social and Family Affairs, the Ministry
of Health, the Ministry of Agriculture and Rural Development, the Ministy
of Youth and Sport, the Ministry of Transport, Communications and Water
Management, the Ministry of Education, and the Ministry of Finance;
b) four persons delegated by national
organisations representing the interests of the physically disabled, the
deaf, the blind and the mentally handicapped;
c) two persons delegated by the organisations
of sheltered workplaces;
d) one person delegated by the federation
grouping national bodies representing the interests of local authorities;
e) two persons delegated by non-profit
organisations operating in the interest of persons living with disability.
(2) The president of the Council is the
minister of social and family affairs
(3) The Council holds its sessions as
required, but at least quarterly.
(4) The Council has a quorum if more than
half of the members are present.
(5) The operating costs of the Council
must be ensured by the central budget as an item in the budget of the Ministry
of Social and Family Affairs.
National Disability Affairs Program
(1) In the interest of laying the foundations
for the measures needed to create equality of opportunity for persons living
with disability, Parliament shall draw up a National Disability Affairs
Program (hereinafter: Program). The contents of the Program must be taken
into account when making decisions in the areas of planning for health,
employment, education and transport, in regional development and in other
(2) The Government shall provide for elaboration
of the Program and for submitting it - through the minister of welfare
- to Parliament in the form of a draft Parliamentary Resolution.
(3) The Program shall contain the following
a) a presentation of the social situation
of the population living with disability;
b) identification of the aims related
c) tasks needed to bring about a favourable
change in social attitudes affecting persons living with disability;
d) identification of the system of conditions
needed for improvement of the quality of life of persons living with disability
and their families;
e) plans promoting the active participation
in social life of persons living with disability;
f) definition of the justified extent
to be attained in transformation of the transport systems (public transport
means, passenger traffic facilities), transport and the man-made environment,
and in the target state of special education and special employment, in
line with the number of persons living with disability and their socially
g) specification of the necessary means
and institutions, and the necessary financial sources for attainment of
the goals set.
(4) The Program shall be adopted by Parliament.
The Government shall report annually to Parliament on its implementation.
Parliament shall re-examine the resolution at least once every four years.
Protection of the rights to which persons
living with disability are entitled, responsibility for the tasks arising
from the act
Any person suffering an unlawful disadvantage
because of his or her disability shall be entitled to all the rights which
apply in the case of violation of individual rights.
This act shall enter into force on 1 January
1999, with the provision that legislative provisions related to the disability
support must be created by 30 September 1999.
(1) Transport systems, public transport
means and passenger traffic facilities - including signals and information
installations - already operating at the time of proclamation must be gradually,
but by 1 January 2010 at the latest, brought into compliance with the conditions
set out in Section 8 above.
(2) The network providing transport regulated
in Section 9 of the present act must be built up gradually, but must be
completed by 1 January 2010 at the latest.
(3) The objective and staffing conditions
for the special education of persons living with disability regulated in
Section 13 above must be created gradually, but must be completed by 1
January 2005 at the latest.
(4) The conditions set out in Section
16 above for the employment of persons living with disability in special
workplaces must be created gradually, but must be completed by 1 January
2005 at the latest.
(5) Institutions providing long-term residence
for persons living with disability must be altered gradually, but by 1
January 2010 at the latest, in such a way that care for persons living
with disability capable of independent living with personal help are housed
in residential homes for small communities, further that humanised, modernised
institutional care must be provided for persons living with serious disability
who are in need of such care.
(6) Public buildings already existing
at the time of proclamation of this act must be made obstacle-free gradually,
but by 1 January 2005 at the latest.
(7) The National Disability Affairs Council
shall be set up within three months of the time this act comes into effect.
(8) The Government shall submit the Program
to Parliament by 30 April 1999 at the latest.
(1) The Government is authorised to set
out the following in a regulation:
a) detailed rules for determining disability;
b) rules for the award and payment of
c) rules for the operation and financing
of special workplaces.
(2) The minister of welfare is authorised
to set out in a regulation the professional rules for the establishment
and operation of supporting services.