HUN-1996-3-011

a) Hungary / b) Constitutional Court / c)  / d) 30-11-1996 / e) 56/1996 / f)  / g) Magyar Közlöny (Official Gazette), 105/1996 / h) .

Keywords of the Systematic Thesaurus:

03.05

General Principles - Social State.

05.04.14

Fundamental Rights - Economic, social and cultural rights - Right to social security.

05.04.19

Fundamental Rights - Economic, social and cultural rights - Right to health.

Keywords of the alphabetical index:

Hospital, bed, number, reduction / Social right, direct enforceability / Social right, minimum standard.

Headnotes:

The right to the highest possible level of physical and mental health is not enforceable directly, although the basic right of people being provided for through the social security system and its institution is based upon this right.

Summary:

The petitioners requested the constitutional review of provisions, which define the minimum services which the Social Security Agency has to pay for the insured. Norms determine the number of hours concerning the out-patient service and the number of beds regarding the inpatient service. According to the petitioners, as a result of the new system of health care in some territories there will be no possibility of access to a proper health care service.

The Constitutional Court upheld the validity of the provisions in question, under which the State also assumed an obligation for ensuring health care service during periods of economic hardship. Referring to this obligation, the Constitutional Court declared that in spite of the budgetary deficit the State has a duty to ensure services guaranteed by the Social Security Act for people who live within the territory of the Republic of Hungary.

Languages:

Hungarian.