TGEU Countries: Hungary and to implement the principles of equality and non-dis- In relation to hate crimes, Article 216 of the Criminal which in many cases is inadequate and leads trans peo- Trans people are invisible or highly stigmatised in public crimination. Gender/sexual identity is a ground covered Code explicitly sanctions violent acts motivated by ple to use hormones without medical supervision and discourses. The most likely reason for this is that only 3 per in the field of employment and in other areas (education, transphobia as violence against a member of a commu- often buy hormones on the informal market. cent of the population has trans acquaintances, according goods and services, housing, social protection). For var- nity with up to eight years’ imprisonment. Article 332 ious reasons, among which the most important is prob- explicitly sanctions incitement to hatred against groups Various forms of discrimination against trans persons in cent has LGB contacts. So far, research on the issue in Hun- ably the high level of underreporting of cases based on based on gender identity with up to three years’ impris- the healthcare system were recorded by Transvanilla’s gary has only been carried out by LGBT and trans NGOs. gender identity, since its creation in 2005 the Authority onment. Though the legislation is relatively progressive, TransCare project and in the framework of ProTrans: has never found discrimination on the grounds of gender police and prosecutors are very reluctant to press such The European Commission against Racism and Intolerance identity. In two cases, prior to the Authority’s reaching a charges, and even if they do they often prosecute hate (ECRI) report on Hungary from 201514 confirms that hate decision, the parties reached a settlement. One of the crimes as less severe offenses because they are easier to speech is very common in Hungarian society. The applica- cases was a photo shoot in a castle park with transves- prove. However, no data is collected on transphobic hate tion of criminal provisions regarding incitement to hatred tites in wedding dresses. The owner originally banned crimes. So far, no case involving incitement to hatred or remains extremely limited. Jobbik, a radical right-wing pop- the shoot but apologised later, and the shoot finally took violence against a community on the grounds of gender ulist party, openly and publicly engages in transphobic hate place. The other case involved an incident at a naturist identity has reached the criminal courts. The National speech on a regular basis. The day after Conchita Wurst beach,9 which was only open for members of an associa- Crime Prevention Strategy also lacks measures aimed won the Eurovision Song Contest in May 2014, Gábor tion. They let the complainant in because they knew her, at combating crime motivated by transphobic violence. Vona, president of Jobbik, said in the National Assembly: 8 11 but with the requirement that she keep herself wrapped TransCare Research report 2014 by Transvanilla. Available: http://transvanilla.hu/images/letoltesek/TransCare_en_online.pdf in a towel because she was trans. When she took off her A challenge when visibilising violence against the trans towel, they removed her from the premises. They later community is that authorities are not undertaking any apologised. The woman was satisfied with the apology research and do not collect data on LGBT persons or The discriminatory incidents fall under the at first, but she later contacted Transvanilla to complain on discrimination and intolerance against them, de- following categories: However, hate speech is not restricted to extremist par- about the incident. spite the fact that most of the respondents (79%) in a 1. Infringement of the right to access health care and ties and groups: it occurs across the political spectrum. “We are pro-European, but we do not see the future of Europe in a bearded woman.” research study thought that discrimination based on the right to equal access The government has not simply failed to address the is- A number of studies show that discrimination based gender identity became more frequent between 2006 - missed examinations, denial of medical care and/ sue publicly, condemn Jobbik’s statements and stand in on gender identity and negative discourse concerning and 2010.12 or denial of surgery support with trans people, but done the opposite. On 12 10 LGBT people are widespread, and that they have gotten + 38 + to the Special Eurobarometer 393 report,13 while 8 per - failure to provide high-quality treatment, May 2014, Peter Harrach, a member the Christian Dem- worse in recent years. In its 2013 report on the extent In relation to trans-specific healthcare, there are no clin- understating (or minimising) complaints ocratic People’s Party (KDNP), which is in a governing of equal-treatment awareness, the Equal Treatment ical guidelines or medical protocols, which results in a 2. Humiliation of and inconvenience to patients coalition with the Hungarian Civil Alliance (FIDESZ), Authority noted that, despite significant steps towards lack of proper care and a lack of experts. Health insur- because of their gender identity or gender expression establishing equal rights for LGBT people over the last ance covers only 10 per cent of the total costs of gen- - no proper examinations two decades, discrimination, prejudice, hate speech and der-affirming surgery. The lack of specialised surgeons (inconvenient, painful exams) “When a man claims himself to be a woman and happens to have violent attacks persist. in the public healthcare system is also a major obstacle. - separate placement (e.g. in disabled locker rooms) a beard, you might think this is nice and maybe there is no prob- In most cases, legal gender recognition is a prerequisite - mocking, humiliation, inappropriate curiosity lem, but the problem starts when this bearded woman wins be- to be able to obtain access to trans-specific healthcare, from medical staff cause of positive discrimination.” said in the National Assembly: + 39 +