Kisebbségpolitikai
On-line Lexikon

On 12 December 2005, the Constitutional Court made a substantial statement on the declaration of minority affiliation for the first time, shortly after the adoption of Act No. CXIV of 2005, which introduced the institution of minority registration. Pursuant to the decision, initiated by the minorities ombudsman, minority self-identification and the disclosure thereof to others fall within the scope of the right to identity and self-determination, derived from human dignity. The use and disclosure of personal data relating to minority affiliation is subject to the consent of the individual, on the basis of the right to informational self-determination. However, within the limits set by the Constitution, this right may be restricted: by law, in accordance with the requirements of the necessity-proportionality test. The Court established that the Constitution regulates the right of national and ethnic minorities to participate in public life and to representation as a fundamental right, one form of which is the right to establish local and national self-governments. The right to establish minority self-governments can be the basis for limiting the right to self-determination in connection with the declaration of minority affiliation. Making false declarations about minority affiliation on a mass scale may interfere with the establishment of minority self-governments, and it may be necessary to develop appropriate legislation against the development of such a practice (ethnobusiness). However, no single solution follows from the Constitution. Through constitutional interpretation it is not possible to determine what restriction of the right to informational self-determination can be accepted as constitutional in order to confirm the authenticity of declarations; it is not possible to decide on what basis, by whom and in what procedure may the verification take place. When determining this, the legislator has a broad margin of appreciation.