humana_eng_2010

human rights magazine

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How much is a human life worth?

Is Budapest a liveable city?

Evil games, lethal thoughts?

Would you legalize prostitution?

Transit or a second home?

Special Edition  |  2010

welcome

2

The beginnings Humana Magazine was released first in December of 2009. We wanted to “transmit” today’s delicate and divisive human rights issues for young people in a qualitative form and content through a monthly magazine.

Besides entertaining and educating it was also an intention of the editors to involve you, to discuss with you the various human rights problems, to talk about professionals, civil society initiatives and value-added programs.

We believe that human rights are universal values and irrespective of party affiliation, background, skin-colour or gender.

Despite this we don’t want to tell you how to think and behave, or tell you what is right or wrong. We’re just trying to get you more interest and consider the issues of human rights. We plan to have a commonly formed newspaper and

humana magazine about human rights Special Issue 2010 ISSN 2061-697X (printed) ISSN 2061-6988 (online)

Founder, Editor–in–chief Anna Kertész kertesz.anna@humanapress.eu Executive Editor Eszter Sós, Valéria Horváth sos.eszter@humanapress.eu horvath.valeria@humanapress.eu Design Balázs Belák Printed by the SzabinaPress.

webpage each month.

If your attitude will change and you’ll become more open minded and tolerant because of this magazine through our activity, not only you but our whole society

Humana Magazine Special Issue 2010 is supported by the IBM LGBT group.

will be enriched.

We don’t promise more than to be your partner in the exciting world of human rights. Let the journey begin.

Anna Kertész editor–in–chief

The Humana Project is supported by the European Commission “Youth in Action Programme”.

♻

3

12.10.1948

photos

04

25

The Universal Declaration of Human Rights

Pictures by Magda Jakab

wakeup

subjective

07 08 10

43

12 13 16 18

First steps Climate refugees From Playstation to Jihad

44

contents

Budapest – what a wonderful city If we let it be…

Hidden love stories

A life on a road of radicalism Open water adventures Transit country, or second home?

culture

The situation of migrants and refugees in Hungary

46

Between Laws Grey zones in the protection of International Laws Holding war criminals responsible in 3+1 steps

Human Rights in the virtual entertainment

human 48 Against the current interview with Gábor Szendi

background

20 22

Fortress, community space, museum Beyond the walls of the Holocaust Center How much is human life worth?

Offering a short survey of the models of traffic-

23 24 28 31 34 36 38

king in people To kill and let die Are we differently identical?

Genetics–Racism–Genism Legalization – Prostitution For The best solution prostitute, client taxpayer alike Woman’s choice or men’s decision – Prostitution Against Will we become dust?

Ecological burial in the 21. century Sino-African relations The Rwanda Genocide Humanitarian intervention dilemma in intra sta-

40 42

Cover by Magda Jakab

te conflits Right to food in Brazil Women in armed conflicts

Special thanks to the translators Orsolya Bader, Ágnes Bernáth, Edit Gábriel, Anna Gajdács, Ivett Gellért, Dóra Gulyás, György Ádám Horváth, Valéria Horváth, Zsuzsanna Hudák, Mitja Weilemann, Dániel Prinz, Milán Rózsa, Katalin Szép, Orsolya Takács, Ilona Tutrai, Alexandra Zsoldos

12.10.1948.

4

The Universal Declaration of Human Rights Adopted on December 10, 1948 by the General Assembly of the United Nations

article 1 Right to equality

article 7 Right to equality before the law

All human beings are born free and equal in dignity and

All are equal before the law and are entitled without any

rights. They are endowed with reason and conscience

discrimination to equal protection of the law. All are en-

and should act towards one another in a spirit of broth-

titled to equal protection against any discrimination in

erhood.

violation of this Declaration and against any incitement to such discrimination.

article 2 Freedom from discrimination Everyone is entitled to all the rights and freedoms set

article 8 Right to remedy by capable judges

forth in this Declaration, without distinction of any kind,

Everyone has the right to an effective remedy by the com-

such as race, colour, sex, language, religion, political or

petent national tribunals for acts violating the fundamen-

other opinion, national or social origin, property, birth

tal rights granted him by the constitution or by law.

or other status.

Furthermore, no distinction shall be made on the basis

article 9 Freedom from arbitrary arrest and exile

of the political, jurisdictional or international status of the country or territory to which a person belongs, whether

No one shall be subjected to arbitrary arrest, detention

it be independent, trust, non-self-governing or under any

or exile.

other limitation of sovereignty. article 10 Right to fair public hearing article 3 Right to life, liberty and personal security

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the

Everyone has the right to life, liberty and security of per-

determination of his rights and obligations and of any

son.

criminal charge against him.

article 4 Freedom from slavery

article 11 Right to be considered innocent until

No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.

proven guilty (1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to

article 5 Freedom from torture and degrading treatment

law in a public trial at which he has had all the guarantees necessary for his defence.

No one shall be subjected to torture or to cruel, inhuman

(2) No one shall be held guilty of any penal offence on ac-

or degrading treatment or punishment.

count of any act or omission which did not constitute a penal offence, under national or international law, at the

article 6 Right to recognition as a person before the law Everyone has the right to recognition everywhere as a

time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

person before the law. article 12 Freedom from interference with privacy, family, home and correspondence No one shall be subjected to arbitrary interference with humana special

his privacy, family, home or correspondence, nor to at-

article 19 Freedom of opinion and information

tacks upon his honour and reputation. Everyone has the

Everyone has the right to freedom of opinion and ex-

right to the protection of the law against such interfer-

pression; this right includes freedom to hold opinions

ence or attacks.

without interference and to seek, receive and impart information and ideas through any media and regard-

article 13 Right to free movement

less of frontiers.

(1) Everyone has the right to freedom of movement and residence within the borders of each State.

article 20 Right to peaceful assembly and association

(2) Everyone has the right to leave any country, including his own, and to return to his country.

(1) Everyone has the right to freedom of peaceful assem-

article 14 Right to protection in another country

(2) No one may be compelled to belong to an associa-

(1) Everyone has the right to seek and to enjoy in other

tion.

bly and association.

countries asylum from persecution.

(2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.

article 21 Right to participate in government and elections (1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.

article 15 Right to a nationality and the freedom to change it

(2) Everyone has the right to equal access to public service in his country.

(1) Everyone has the right to a nationality.

(3) The will of the people shall be the basis of the authority

(2) No one shall be arbitrarily deprived of his nationality

of government; this will shall be expressed in periodic and

nor denied the right to change his nationality.

genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent

article 16 Right to marriage and family

free voting procedures.

(1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry

article 22 Right to social security

and to found a family. They are entitled to equal rights as

Everyone, as a member of society, has the right to social

to marriage, during marriage and at its dissolution.

security and is entitled to realization, through national

(2) Marriage shall be entered into only with the free and

effort and international co-operation and in accordance

full consent of the intending spouses.

with the organization and resources of each State, of the

(3) The family is the natural and fundamental group unit

economic, social and cultural rights indispensable for his

of society and is entitled to protection by society and

dignity and the free development of his personality.

the State. article 23 Right to desirable work and to join article 17 Right to own property

trade unions

(1) Everyone has the right to own property alone as well

(1) Everyone has the right to work, to free choice of em-

as in association with others.

ployment, to just and favourable conditions of work and

(2) No one shall be arbitrarily deprived of his property.

to protection against unemployment.

(2) Everyone, without any discrimination, has the right to equal pay for equal work.

article 18 Freedom of thought, conscience and religion Everyone has the right to freedom of thought, con-

(3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if

science and religion; this right includes freedom to

necessary, by other means of social protection.

change his religion or belief, and freedom, either alone

(4) Everyone has the right to form and to join trade un-

or in community with others and in public or private, to

ions for the protection of his interests.

manifest his religion or belief in teaching, practice, worship and observance.

Special Edition 2010 | www.humanamagazin.eu

respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.

(3) Parents have a prior right to choose the kind of education that shall be given to their children. article 27

Right to

participate in the cultural life of community (1) Everyone has the right freely to participate in the cultural life of the photo U.N. Photo

community, to enjoy the arts and to

Eleanor Roosevelt holding a poster of the Universal Declaration of Human Rights.

share in scientific advancement and its benefits.

(2) Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

article 24 Right to rest and leisure

article 28 Right to a social order

Everyone has the right to rest and leisure, including rea-

Everyone is entitled to a social and international order in

sonable limitation of working hours and periodic holi-

which the rights and freedoms set forth in this Declara-

days with pay.

tion can be fully realized.

article 25 Right to adequate living standard

article 29 Responsibilities to the community

(1) Everyone has the right to a standard of living adequate

(1) Everyone has duties to the community in which alone

for the health and well-being of himself and of his family,

the free and full development of his personality is pos-

including food, clothing, housing and medical care and

sible.

necessary social services, and the right to security in the

(2) In the exercise of his rights and freedoms, everyone

event of unemployment, sickness, disability, widowhood,

shall be subject only to such limitations as are determined

old age or other lack of livelihood in circumstances be-

by law solely for the purpose of securing due recognition

yond his control.

and respect for the rights and freedoms of others and of

(2) Motherhood and childhood are entitled to special care

meeting the just requirements of morality, public order

and assistance. All children, whether born in or out of

and the general welfare in a democratic society.

wedlock, shall enjoy the same social protection.

(3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the

article 26 Right to education

United Nations.

(1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages.

Elementary education shall be compulsory. Technical and professional education shall be made generally available

article 30 Freedom from interference in these human rights Nothing in this Declaration may be interpreted as im-

and higher education shall be equally accessible to all on

plying for any State, group or person any right to en-

the basis of merit.

gage in any activity or to perform any act aimed at

(2) Education shall be directed to the full development

the destruction of any of the rights and freedoms set

of the human personality and to the strengthening of

forth herein. â–

humana special

7

wakeup

First steps author Gábor Németh

“H

uman rights – entitled equally to each and

At that time, there were not any civil rights, although,

every human – because of its nature – com-

natural law as a supra-human conception of social truth

mon opportunities and freedoms.” – as I have

had already existed in Greek and Roman times, in regard

read in Hungarian Virtual Encyclopedia when

to free citizens only.

the topic first have piqued my curiosity and then, I have

In the Christian-oriented Medieval Europe freedom,

done a quick search. Later, having read the thirty articles

possession and life-related rights were deducted from

of the Universal Declaration of Human Rights (UDHR) rati-

divine law in Saint Thomas Aquinas’ work, Summa The-

fied by the UN in 1948 I have found sweeping generali-

ologica.

zation and overlaps and lack of facts. Being an ordinary

The seeds of human rights were planted during the

person I am prone to treat law as a social norm providing

Civil Development, first mentioned in the works of Jean

solutions for typical problems of everyday life. Though,

Bodin and John Locke: “By natural law the right to free-

law regulates only restricted situations compared to hu-

dom and estate are unalienable rights, are not given by

man rights. The question may arise how could be a supra-

the state, cannot be taken away but must be protected

national regulation applied in everyday life both without

by the government.”

tangible facts in formula and observance?

These rights must be achieved and provided by every

There were especially significant achievements in England. In 1225 the Magna Charta fixed that no freeman can

country. A country, after the declaration of aims at the

be imprisoned without judgement, lose rights or land.

highest level – usually in the Constitution- decides on the

Later in the 16th-17th century the Habeas Corpus Act de-

method of application in its own sphere of authority. In

clared the protection of human freedom and reimprison-

turn, the international community requires the regula-

ment for the same crime.

tions to meet the aims and consistent practical execution.

The 17th-18th development of American law played

All in all, the observation of these norms are obligations

important role in the evolution of legal egalitarianism,

of every state towards the community, what is more,

even though the Declaration of Independence was is-

stronger obligations than any other ones.

sued by a still slave-owning society, containing the fol-

Civil and political rights do belong to the first generation which - in a vast majority- demand the states

lowing: “We hold these truths to be self-evident, that all men are created equal…”

to forbear from involvement in certain activities, these

One of the most important milestones was the Decla-

are the so-called negative rights. Social, economic and

ration of the Rights of Man and of the Citizen passed by

cultural rights, belonging to the second generation, re-

the French National Constituent Assembly on 26, August

quire positive intervention from the government, are

1789 which among others declares: “The goal of any po-

also called positive rights. The third generation has been

litical association is the conservation of the natural and

created by the realisation of implementation-related

imprescriptible rights of man. These rights are liberty,

obstacles of the first and second generation. Third gen-

property, safety and resistance against oppression. …

eration rights include the collective rights of the socie-

Men are born and remain free and equal in rights. Social

ty- right to peace, healthy environment, communication

distinctions can be founded only on the common utility.

and humanitarian aid.

The aims of UDHR have evolved gradually during the decades and we have to go back to the ancient times to understand them.

… No man can be accused, arrested nor detained but in the cases determined by the law, and according to the forms which it has prescribed.”

In the 19th century hundreds of agreements were Special Edition 2010 | www.humanamagazin.eu

wakeup

8

created concerning the prohibition of slave trade, in 1841

according to the three generations mentioned above. The

Austria, France, England, Russia and Prussia made an ar-

story definitely has not been finished yet, during the past

rangement in order to restrain slave trade they mutu-

half decade rights have been changed and expanded on

ally ransacked their trading ships. Finally, human rights

the whole, have been surrounded by a lot of debates, but

have become known in their current form after bloody

the detailed discussion of events after UDHR’s release is

repression of rights in World War II, within UN famework,

beyond the topic of this article. ■

Climate refugees author Gabriella Szabó

We meet more often with the expression “climate refugees” which were used in the eighties first time then there have been many experiment to find its correct and accepted definition. Without worldwide unified definition it is hard to enquire or find a result of this more and more compelling problem

almost abominable heat which caused

which is caused by the drove migrate because of climate changes.

drought and desertification. In the

N

last 20 years the number of floods, owadays this is the most received defini-

hurricanes and desert areas has been duplex which also

tion: “Climate refugees are people who are

means that you can count with more than 400 disaster

forced to leave their homes immediately

caused by the weather and this will touch million peo-

or in the near future because of sudden or

ple seriously. Furthermore also according to the analy-

gradual changes has happened in the environment which

sis of IPCC in the 21. century the sea-level will grow with

were caused by a drastic change in the clime, for example:

18-59 cm while OECD thinks 2000-2500 35 cm-

the sea-level’s growth, way-out environmentally effects, droughts and the lack of water.”

Every year more than 300 000 people die because of climate changes and 325

9m changes are predicted which means that many areas of countries on the seashore will come under water and it will cause social and eco-

million people are touched by it further-

nomic problems. At the most

more it is also caused more than 125

affected areas the society of

billion USD loss around the world. 4

developing countries suf-

billion people are indirectly endan-

fer from negative changes

gered by the consequences of clime

however those who suf-

changes and 500-600 million peo-

fer the most from climate

ple are in near trouble on the Earth

change, they send out the least glasshouse effect gas

which is 10% of the whole population.

Nevertheless the fact of climate changes is disclaimed, according to estimates the temperature on Earth will be 4°C warmer which will result serious changes on our planet. According

while the top 10 emitters (for example: the USA, Russia, Japan, Germany, Canada and the United Kingdom) are the least affected.

to IPCC (the inter governmentally clime change panel of

More than 2 decades ago IPCC said the migrate be-

UNO) the weather will be more extreme and incalculable

cause of climate change will cause the biggest problem

with more intensive rains in large quantities, sustained and

and today it is totally true.

humana special

photo UNHCR

The most endangered areas are the countries in Af-

their place of residence but also there will be a new chal-

rica, Asia and South America and smaller isle countries.

lenge that the world faces with which can endanger the

All over Africa more than 10 million people had to leave

evolved relative international order and the human rights.

their home in the last 2 decades because it became a

In security policy respect the flow of climate refugees can

desert land. In 1995 the half of Bhola Island in Banglades

amount to national, regional and also international con-

came under water and half million people became home-

flicts which threats the international peace and security.

less. The residents of the island are known as the first

In human rights respect the laws and institutes have to

climate refugees. But unfortunately thousands of peo-

be reformed, so they can adapt themselves to the pro-

ple leave their home from the seashore also nowadays.

tection of climate refugees.

Residents of Papua New Guinea are also one of the first climate refugees because they were deported from their

“The upcoming crisis wishes a solution but even the biggest institutes and organisations haven’t prepared for it.“

homes because of high sealevel. But we also know many islands which are the victims of the high sea-level grown

And what can we do here in Hungary besides to feel

through the global warming and the sudden and more

ourselves lucky because we aren’t endangered from too

wasteful storms. They are for example the residents of

much or too less water or extreme storms? First of all we

the village Shishmaref in Alasca who have to leave their

have to notice that all the people have a role in saving our

homes in the next few years.

planet and we are responsible for each other. So steps we

The upcoming crisis wishes a solution but even the big-

hold small fries as selective rubbish collecting or energy

gest institutes and organisations haven’t prepared for it.

safe lifestyle, the conscious also meatproof eating, bicy-

A new force is needed which can face the refugee waves

cle and using public transport instead of environmental

produced by climate change and it can find a solution for

polluting other vehicles can meat a lot for the world. We

everyone. It not only goes about 10 millions of people – ac-

have a little time to slow down this irreversible method to

cording to some estimates about 1 billion – have to leave

make our planet comfortable for each other. ■ Special Edition 2010 | www.humanamagazin.eu

wakeup

10

From Playstation to Jihad a life on a road of radicalism

author Laura Lesti

D

uring Christmas 2009, the internation-

childhood and studied in British public schools in Africa

al media was buzzing with the name of a

but it seems he did not find his place in the world as a

young 23 year old. Umar Farouk Abdul-

teenager. Being far away from his friends and family

mutallab arrived from Lagos to Amster-

he led a secluded life which may have been the reason

dam on 25th December, travelling further on to Detroit

for him turning evermore to religion and taking more

on a Northwest Airlines flight. There was nothing suspi-

radical standpoints. In 2005 he joined an on-line Islam

cious or particular about his behaviour for security to

community, where he sent messages such as, “There is

notice, meaning that Abdulmutallab was able to take his

no one I can talk to, there is no one to support me, I feel

seat next to the petrol tank with a sachet of a dust-like

depressive and lonely. I don’t know what to do.”

substance capable of exploding attached to his thigh.

In February of 2005, he took part in an Arab course

The only thing that saved the plane from definite de-

in Yemen, which was where he first met with extremist

struction was that airline staff and passengers noticed

Islam beliefs. In the same year he began his studies at

what he was planning in time thus being able to stop

a well-recognized London university where he started

him. Abdulmutallab’s suicide bomb attempt is still being

taking part regularly in the works of the Islamic Commu-

discussed in courts and although there has

nity and became lead-

been no definite verdict yet, it is more than

er of it in 2006.During

likely that he will spend the rest of his life

“The Velvet Curtain of cul-

in prison. This issue raises certain questions

ture has replaced the Iron

on the matter such as why were airport security, the police and other safety ensuring

Curtain of ideology.”

authorities not more capable of doing their job which ultimately lead to a person (who was already on the United States’ supervision list) boarding a plane with a bomb in his underwear.

this period he took part in the organization of a program called War Against Terrorism. It is a grotesque contradiction that it was during

these events that he became closer to the fundamentalist and militaristic views of Anwar al-Awlaki. It was during this period that his relationship with his fam-

The decisive question though is why a 23 year old,

ily started to deteriorate, as Umar did not believe his

university graduate, with a grand family background

father’s financial position to be in accord with Islamic

would want to end his own life along with 300 innocent

beliefs. After getting his degree, he went back to Yem-

others. How did a well-educated, shy Nigerian boy get

en against the will of his family to attend …..university

from Playstation and elite English public schools to Al

which was infamous for terrorism in order to study Ar-

Qaeda training camps and from there to becoming a

abic and saria, which is Islamic law. His attendance to

suicide bomber in the name of Islam?

classes started decreasing as his interest in extremist

Umar Farouk was born in the town of Kaduna, an oasis

Islamic views increased. He was most probably already

surrounded by mangoes and palms. His father quit his

in contact with the Yemen line of Al-Qaeda and taking

ministerial position to for a successful career in finance

part in their military training. He severed all contact

and he is now the manager of the most well-known bank

with his family which increased suspicion in his father

in the country, First Bank. On top of this, the family

as to how deep his extremist views really were and con-

have several luxury villas around the globe and own a

tacted the assigned authorities in the US to keep guard.

mosque in Kaduna. Umar had been deeply religious since

Thus, Umar’s name got a spot on the list of 550,000

humana special

11

people belonging to the Secret Service’s list of persons

wakeup

and constant supporters some of whom are willing mar-

connected to terrorism. Despite this fact, he managed

tyrdom for their country as well as for Islamic culture.

to book a flight on his target plane where he planned to

The biggest threat that these organizations pose is that

kill 300 people and himself in the name of Islam.

they turn the suicide bombers into national heroes making the young Muslims of today opting to be assassins

Umar Farouk Abdulmutallab is just one of the terror-

instead of doctors or fire-fighters. These teenagers and

ists who, in the name of Islam, plan their spine chilling

children believe that they are dying for their country

terrorist actions, mainly against Western countries.

and getting revenge on those who have caused their

The conflict between the Islamic world and the West

generation so much suffering,

is not a newfangled phenomenon. However, the most

Apart from the practical problems though, the im-

suspenseful point of the conflict was halfway through

portance of the theoretical ones are just as strong. The

the 20th century, when Islamic countries were gaining

global spread of western beliefs, the overpowering

independence one after the other.

After this, the young states tried to follow a western way of life but failed dismally and this ultimate-

force of globaliza-

“However, the most suspenseful point of the conflict was halfway

tion clashes with the views of the Islamic world. Globalization

through the 20th century, when

and free trade were

the attempt of a western way of

Islamic countries were gaining in-

values development

life fell through, a certain Islam-

dependence one after the other.”

over tradition and

ly lead to a serious modernity crisis in the Muslim world. Because

ic renaissance was born making ties with Islam and politics ever

born in a sector that

individualism above the community spir-

stronger. One of the supporting phenomena is Islamic

it. The Islamic world however, bases its beliefs on views

fundamentalism, and the main goal here is to set politi-

that are exactly contradictory to those just mentioned.

cal beliefs on a strong Islamic base. This double sided-

Islam values traditions, respect and the community spir-

ness of the developing western world and the Muslim

it, supporting one another is higher up on the list than

belief system is what is present throughout the Islamic

supporting oneself. Group solidarity, belonging to a com-

world. The degree of tension differs from country to

munity is most important which is a fact that manages

country but can be found everywhere and maybe this

to keep terrorist groups in such close-knit communi-

is the fundamental motif to be looked for in the case of

ties. Muslim societies thus often feel that culturally they

Umar Farouk Abdulmutallab’s radicalism. The develop-

are forced into a strange and unknown environment by

ment of the western world is near impossible to tone in

western societies especially the United States. They re-

with the basic Islamic beliefs.

gard the US as the root of all evil. It is these thoughts

The conflicts which have grown in proportion with

that feed the minds of the hungry radical Islamic phi-

the modernisation crisis have roots in practice and

losophers who find terrorist deeds not just merely ac-

in theory. A large proportion of Muslim theorists are

ceptable but compulsory acts of self-defence and those

of the point of view that the gross social and finan-

doing the deeds are crowned heroes.

cial problems of the Islam world can be traced back

In this day and age we are faced with a new type of

to the turn towards western civilization. Through this,

threat and separation. The enemy is not coming from

they ultimately want to chase away the west and posi-

the outside; it is not another country or political power

tion themselves on the opposing side. It is easy to see,

but an indefinable notion, a concept that can be traced

that those adolescents who have a poor future awaiting

back to the fundamental differences between cultures.

them and receive education and health care from only

The Central and Eastern European countries’ changes in

radical Islamic establishments are easily influenced to

regime and the collapse of the Soviet Union meant that

be against those who are said to be responsible for their

world unity accelerated which in turn surfaced problems

poverty. As is the case, most Muslim terrorist groups

that have so far been neglected. Civilizations are getting

are not only concerned with murder. Their role in so-

closer to one another and the dependency ratio is inten-

ciety and influence within it is huge. It is not rare for

sifying. Conflicts arise as cultural norms and belief sys-

them to run hospitals or schools in the poorer layers

tems crash together and cannot untangle. Or, as Samuel

of Muslim societies meaning that they are there to stay.

P. Huntington stated, “The Velvet Curtain of culture has

As there is no alternative, they will easily find sponsors

replaced the Iron Curtain of ideology.” ■ Special Edition 2010 | www.humanamagazin.eu

wakeup

12

Open water adventures author Laura Lesti In January 2006 Europe and the world saw the birth of a brand new and unusual political movement with the official registration of the Pirate Party in Sweden. The primary and almost only goal of the organization,

that similar parties have been found-

which since then has become world-famous and gained political power,

ed one after the other in almost all

is the complete reform of copyright law and the promotion of the free-

European countries, but also in Chile,

dom of file sharing and downloading. But is this all? Does

the United States and New Zealand.

their campaign for free and legal downloading ex-

In Hungary they do not have an of-

plain that they have won two seats in the European legislature? Did they claim 2% of the

ficially recognized organization, but their ideas have been par-

votes in the German federal elections mere-

tially adopted by Politics Can

ly because they are young, whimsical and

Be Different (Lehet MĂĄs a

eccentric? We probably need to go deeper

Politika, LMP), so even if

to understand the nature of the success

not completely, but we can

of these young organizations.

P

have our share of the most recent political trend.

irate parties began their conquest in 2006 with the official registration of the Piratpartiet in Sweden. It is hard to believe, but since then they have

So why is this more than a passing whim?

It seems to have become a new, youthful theme of our days,

become the third biggest party in the country, based on

something similar to the student movements

their membership. According to their declaration of prin-

of the 1960s. Every young generation needs something

ciples they advocate the fundamental reform of the regu-

to make it form a group, rebel and stand out. Standing

lation of copyright and patent laws and the strengthening

up for democracy or the freedom of speech are such key-

of privacy rights, both in the virtual sphere and everyday

words, just like the peace demonstrations of the hippies

life. They also stand for a popular, but perhaps somewhat

were. This is in the nature of young people. On the other

intangible goal: governmental transparency (well, they

hand, these days we only have few ideologically oriented

are definitely not the first ones to talk about this). The pi-

communities, we do not aim to fundamentally change the

rates claim that the state is trying to legally limit a very

social system any more. We can say virtually anything to

sensitive sector, as file sharing applications have become

anyone, we can listen to any music on our laptop. There is

instrumental in the dispersion of culturally valuable con-

absolutely nothing to rebel against. Problems like pover-

tents. Everyone has a right to culture – such initiatives

ty or social inequalities do not have a real cohesive force.

should be supported rather than restricted.

The British pirate party argues that limiting our ac-

It seems that the pirate parties fill this void. Their programs are partially a rebellion against the limits posed by

cess to culture violates the universal value of freedom

society, a community forming theme among the younger

of speech. If someone gains exclusive rights to dis-

generation. The freedom of downloading is more than the

seminate certain contents, the freedom of speech can

call for the reform of virtual practices. It expresses the

be in danger. According to the party, the cultural edu-

ars poetica of a whole subculture that aims for more per-

cation of young people should be a priority. Here, the

sonal freedom and less social control.

internet and file sharing programs have an increas-

It is interesting to observe how disappointment with

ing role, so their limitation impedes on the intellectual

politics acts as a polarizing force. Recently, in many Eu-

growth of the youth.

ropean countries, the political right, parties that pro-

Maybe it is not so surprising the original program of

mote order have become stronger. The unconditional

the pirates has proven to be so successful and popular

freedom expressed in the programs of pirate parties

humana special

13

wakeup

offers an alternative to this. If someone rejects the ide-

of society would soon swallow them, but the pirates have

as of one side, there is always the other one. I probably

more to talk about than the legal and free exchange of

do not need to argue that our society is extremely disil-

music and movies. But how much are they going to be

lusioned with the political elite. The general emptiness

able to theme their demands to form a coherent program

and boredom of traditional political discourse serve well

from their want of freedom? Are they going to be able to

these new “protest parties”. Organizations that reject the

articulate their goals and find their audience? I think that

whole system and are left out from traditional political

the future of the movement depends on the answer they

debates receive much attention.

give to these questions. If they are able to take up these

Of course, we cannot be sure what will happen to these

challenges, they might have a bright future ahead, as poli-

parties once they gain political power. To what extent is

tics always needs something fresh, new faces, original ini-

it possible to be against the system withing the system?

tiatives. If they do not come up with appropriate answers

The Swedish party is a real success story, they have two

however, they will quickly disappear – or become a part

MEPs. The real question though is how long they can keep

of the system, losing their individuality. ■

their voters interested. As a “one-theme party” the ocean

Transit country, or second home?

The situation of migrants and refugees in Hungary

author Eszter Sós Every year many leave their homeland for a better life or due to the fact that they are being persecuted in their homeland for their religious or political view or for their ethnicity. It is a fact, that Hungary is not a

The Management of Foreign Af-

highlighted place of those who leave their homeland for some kind of

fairs of Immigration and Citizenship

reason. Still, the number of those, to whom are given opportunity to

Office deals with both legal and ille-

start a new life here, is significant.

gal immigration. Their responsibilities are the affairs of the residence

Who and why?

and settlement permit, the affairs of obtaining visa, and

During years we have become take-in-country from tran-

the compulsion arrangement, such as the execution of

sit country, but in spite of this there is still confusion in

expulsion, so they know exactly from which regions ar-

most of us regarding the basic notion. Many confuse the

rive to us the most people.

migrants with the refugees, although the two groups

“Most of the foreigners who stay here are typically

cross the border of Hungary basically for different rea-

hungarians with non-hungarian citizenship” – informs us

son and for different purpose.

dr. Szilvia Konyhás Aliens Policing Director. “Roman citi-

“The migrants leave their homeland because they do

zens arrive the most, but the number of serbs and ukraini-

not feel themselves well there. The migration has economic

ans are also significant. Besides there are obviously people

reasons. However we can speak about refugees if some-

from Asia and Africa, nevertheless they do not make up the

body is being persecuted personally.” – says Zoltán Tóth,

significant proportion of the foreigners who stay here. The

the press and programme responsible of Central Europe-

most typical purposes of the stay are the earning work, liv-

an Regional Agency of Main Commissioner of the Refugee

ing together of a family and the study. The number of ap-

Agency of the United Nations.

plication of naturalization and denaturalization was almost Special Edition 2010 | www.humanamagazin.eu

wakeup

14

five thousand last year, but this year it was decreased by

who spend two years in this ac-

ten percent compared to the previous year. More than

commodation station. Those

half of the application of naturalization are handed in by

who get protected or refugee

roman citizens, who are hungarians. They are given citi-

status get Bicske. The accom-

zenship with exceptionally allowance in contrast to other

modation of the refugees in ac-

foreigners who have to wait for eight years.

commodation station longs six

Last year the office proceeded thirty-five percent

months. This can be extended

more cases against law violator foreigners than in 2008.

with another six months if it is

That the number of arrangement related to them in-

reasonable. Experience shows,

creased so much does not only mean that there were

that the clients claim more

more migrants, but that migrants, who lives here, com-

than one year because most

mitted crimes. For example, it is typical that they work

of the refugee cannot find a

illegally or they do not possess proper residence terms,

job and rent a room within six

like they do not extend the residence permit or their visa

months. Particularly, because

expires and they still stay here in Hungary.”

the free hungarian language education and culture orienta-

From where and to where?

tion longs more than one year.

Hungary is not the target destination of the groups of

The clients visit these classes

refugees of those the UN Refugee Agency of the United

for approximately one year. Af-

Nations (UNHCR) basically deals with. It is more com-

ter that they get various sup-

mon that they are caught here at various checking point,

port for moving out. First they

Zoltán Tóth says.

get a single settle down aid,

“Currently we are rowing at the back of an enormous

which is around 172 000 for-

migration wave. If we consider the movement of the ref-

int. Then they get 28 500 for-

ugees in the whole world, then we can draw the conclu-

int per month through the local

sion that there are five countries that absorb half of them.

authorities. We provide education aid for the children and in

These countries are the United States, France, Canada,

certain cases we support buying the season ticket of public

Australia and United Kingdom. If we limit these to Europe,

transport. Interest free loan can be claimed, which can be

then the other significant target countries are Germany,

spent on buying or renovating a house. Most of our clients

Netherlands and Denmark. In this region the Refugee

use these opportunities.”

Agency of the United Nations can only do so much, that it is present and monitor the working of the system, but it

The problem of the integration

does not deal with individual cases, because the operations

“We strive for the refugees move out to private accommo-

of the helper organizations of the civil sphere in those

dation as soon as possible, because we know that people

countries are enough to provide the necessary attention of

cannot be integrated in refugee camps.” – says dr. István

the refugees. Such organizations in Hungary are the Shel-

Ördög. “Since these institutions are like a dormitory or

ter Association or the Hungarian Helsinki Committee. They

like a barrack-room where the people, who lives inside,

attend to those people in legally and socially.”

get used to regularity and they will not be able to find their

In Hungary the foreigners with various legal state can

own feet. Unfortunately the refugees have quite unfavour-

be accommodated in three specifically functioning camp.

able experience regarding finding a job. Their employment

Dr. István Ördög, the director of the Office of the Immi-

opportunities are limited and they are not employed with

gration and Citizenship gave us more information about

pleasure. One of the reason of this is obviously that there

the working of these camps.

are not too many well-educated among the refugees. Sig-

“The first phase of the filtering procedure goes on in

nificantly the illiterates and people with basic education

Békéscsaba. Currently the number of the accommodated

come here and their opportunities are more limited. The

people there is somewhere between one hundred and two

refugees who come to here also encounter the fact soon

hundreds. The refugee camp in Debrecen is the biggest of

that the number of the people in Hungary who speak for-

all of the Immigration Office. The capacity of this camp can

eign languages is quite low. There is nobody at the lo-

be extended to one thousand two hundred. The foreign-

cal governments who knows the specific culture. Active

ers spend the most time here, the procedure time, which

immigrant communities, that could help the new arriv-

is somewhere sixty and ninety days, but there are people

ing ones, do not exist. The public health system and the

humana special

photo UNHCR organizations that support the homeless people are not ready either for people who do not speak hungarian.”

them closer to the local people. This way they have only one aim, namely to go away as soon as possible, to join

“In six months nobody learns to speak hungarian

their relatives or acquaintances who live in Netherlands

to such a degree that he/she can find a job with it.” –

or Finland or somewhere else and with their help they

adds Zoltán Tóth to the problems of the integration of

might be able to find a job more easily.”

the refugees. “They cannot learn to speak hungarian especially if they live in camp circumstances. In lot of

The opportunities and challenge of the refugee case

countries these people get a rented room and a certain

“There is necessity of deeper involving of the civil organi-

amount of money to live from, so that they start to do

zations, because as it sould be seen, the integration, such

the shopping and cook for themselves, that is they live a

that is traditionally not a government task. The challenge

life close to normal and this way they integrate into the

of the future would be on the one hand to form the whole

life of the take-in-country. Thus, the proper way of inte-

environment to more friendly, on the other hand to build

gration would be if they could mix with the population

a net either with European Union sources or with the help

somehow. I talked to lot of refugees in Bicske and asked

of civil organizations that “catches” these people. This way

them what they think about the local people and with

after a while they would not be interested in moving to-

whom they make friends. They are free to go out of the

wards Western Europe, because they could find their place

camp but they do not have any place to go. They do not

in Hungary.” – sums the future possibilities of the refugee

even have so much money to sit down in a coffee house.

case dr. István Ördög. Zoltán Tóth calls our attention to

Even if they go into the town, they cannot make friends

the fact that we might be able to ease of the situation of

with anybody. There is no any common sport event or

the refugees if the matter was in foreground more.

programme where they could meet other people. They

“We do not talk about big numbers, independently from

live in their medium, confined. Probably it is also a bad

the fact that in Hungary the number of the people who claim

idea that this camp resides in Bicske, because that is a

refugee status has grown prominently. We talk about only a

small settlement. If they lived in similar circumstanc-

couple of hundred people. In a country, where the number of

es but in Budapest, it would be much better, because

the population is decreasing with thirty thousand per year,

they could find some kind of activity that would brought

we could easily integrate such amount of people.” ■ Special Edition 2010 | www.humanamagazin.eu

world of rights

16

Between Laws

Grey Zones in the Protection of International Law?

author Astrid Van de Velde In this paper, I will focus on the different situations that can comprise legal grey zones of protection between human rights law and international humanitarian law. In such situations the protection of funda-

The Bush administration claimed that

mental rights of individuals can be jeopardized. After identifying the

the only answer to the 9/11 attacks

possible grey areas of protection between human rights law and inter-

could be military force, by this way im-

national humanitarian law, I will look into the different solutions to

plying that the rules of international

address possible gaps in protection.

humanitarian law should be applied.

However, although this ‘war against

Different problems

terror’ is not seen as an international operation of crimi-

Gaps in the legal protection of individuals can arise be-

nal justice, as the strife against terror was generally seen

cause of a different scope of application of the two legal

before 9/11, the Bush administration refused to grant

regimes. While most of the academics currently agree

alleged terrorists their basic rights under international

that human rights law is in principle always applicable,

humanitarian law. Another problem are situations of in-

and not only in peacetime, a lot of specific human rights

ternal violence and situations of internal disturbances

can still be restricted, by means of certain legal mecha-

and tensions, such as riots, isolated and sporadic acts

nisms. Certain human rights treaties included specific

of violence and other acts of a similar nature which are

provisions that give states the possibility to derivate le-

specifically excluded from the scope of application of the

gitimately from certain specific human rights in times of

Geneva Conventions. States confronted with such situa-

public emergency. Although specific conditions are set

tions will often claim the existence of an emergency situ-

for derogations problems remain. One problem is that

ation, and by doing this, use their right to derogate from

the threat of war can be a legitimate reason for a state

certain human rights, while international humanitarian

to derogate from specific human rights. At the same time,

law is not applicable.

in situations of a threat of war, international humanitarian

Another shortcoming inherent at both human rights

law will not be applicable. This is a first legal gap, where

law and international humanitarian law is the fact that

nor human rights, nor international humanitarian law can

both are mainly based on treaty law. Their applicability

provide watertight protection.

is therefore restricted to parties to the different treaties.

International humanitarian law is the law of armed

However, large parts of human rights law and important

conflicts. The existence of an armed conflict is a prereq-

parts of international humanitarian law obtained through

uisite for the applicability of international humanitarian

the years the status of customary law, which means that

law. A problem is that the term ‘armed conflict’ is not

they are binding to everyone, regardless whether they

defined in the Geneva Conventions, nor in the The Hague

are party to the relevant treaties or not.

Conventions. Common article 2 and 3 of the Geneva Conventions both require particularly high standards of level

Possible solutions for the identified problems

of violence to make the conventions applicable. Because

A possible solution for some of the dangerous grey areas

of this, situations where the Geneva Conventions can be

between human rights law and international humanitar-

applied are restricted.

ian law are instruments that focus on the identification

Moreover, new practical situations have occurred that

of a (broad) core of human rights. This core consists of

did not exist at the time of the drafting of the Geneva Con-

human rights that cannot be derogated from, regard-

ventions. An example is the legally unclear ‘war on terror’.

less from the situation. Such specific instruments are the

humana special

photo UNICEF Siracusa Principles, the Paris Minimum Standards and

instrument is the Declaration of Minimum Humanitarian

the Turku Declaration.

Standards, or the Turku Declaration. As the two before

The core of human rights are rights that can be in no

mentioned instruments consider only the non-derogable

circumstances restricted or derogated from. This implies

human rights to identify the core of rights, the Turku Dec-

that those rights will always be applicable, even in a time

laration starts from both human rights law and interna-

of public emergency or armed conflict, and that even in

tional humanitarian law to come to a common core, the

those situations there is no opportunity to derive from

fundamental standards of humanity.

them. A problem with this category of human rights is

However, we should always keep in mind that all these

the identification. Most of the academics do not agree

instruments are mere soft law, which means they are not

on which human rights should be included in the core

legally binding and only of a declarative nature.

of human rights. The fact that the most important human rights treaties do not all indicate the same rights as

Need of another view?

non-derogable, does not make it easier. I believe that the

The legal doctrine gave a new insight in the problem.

proposal to consider the core of human rights as those

Maybe there is no legal gap or legal vacuum, but can

human rights that are indicated as non-derogable in eve-

all problems be resolved by extending the implementa-

ry important human rights treaty is too narrow. Inter-

tion, enforcement and verification of the existing instru-

preting the core of human rights in a broad manner, for

ments. Indeed, there already exists a multiplicity of legal

example by taking into account General Comment No. 29

instruments that deal with the matter. Maybe we should

of the UN Human Rights Committee that points out that

place the legal discussion on the background and focus

there exist implicitly implied core human rights, could

on what can be practically done for the people in real

help to fill in the different existing grey areas between

life. Decennia of legal discussions and adoption of legal

human rights law and humanitarian law protection.

instruments did not bring the solution, and the biggest

Different international instruments that have tried to

existing problem nowadays is not the lack of existing legal

clear what exactly are the rights that belong to the core

instruments or the lack of their applicability, but the lack

of human rights are the 1984 Siracusa Principles on the

of fulfilment of the existing obligations. The solution for

Limitation and Derogation Provisions in the Internation-

individuals will not be brought by imposing new obliga-

al Covenant on Civil and Political Rights and The Paris

tions on states, but rather by implementing and enforc-

Minimum Standards of Human Rights Norms in a State

ing existing instruments, and guaranteeing that states

of Emergency. An important comparable, but different,

do not try to escape their obligations. â– Special Edition 2010 | www.humanamagazin.eu

world of rights

18

Holding war criminals responsible in 3+1 steps author Valéria Horváth Besides peacefully resolving armed conflicts, during the 20th century, the demand to hold war criminals individually responsible has grown exponentially. This however was not to be by simple retorsion but within

experiences we cannot put an end to

the framework of international law. In the past century the aforemen-

this bloody game but we can and must

tioned three aims were realize in three not-so-little steps.

create rigorous laws for it. Following this ideal in I989 and 1907 two peace

Recognizing individual international criminal re-

conferences were held resulting in the establishment of

sponsibility

the 1907 Hague Convention on the Laws of War on Land.

Individual international criminal responsibility is based

In 1925 the first Geneva Protocol was added on the pro-

on the recognition that the acts of the state are carried

hibition of Asphyxiating, Poisonous or Other Gases, and

out by natural persons, since the state as an abstract

of Bacteriological Methods of Warfare. Then in 1929 the

community of people cannot realize its actions on its

Geneva Convention on the rights of the Prisoners of War

own, independently. Due to this, waging war fully depends

was born. Thus the two pillars of international humani-

on the person or group of people in power. This leads to

tarian law are the Hague convention, which regulates the

the fact that not only the classical subject of internation-

permitted use of instruments and methods of war in in-

al law, the state, but also a new category, the individu-

ternational armed conflicts and the Geneva Conventions,

al can be the focus of accountability mechanisms. Thus

which contains regulations applied to “protected persons”

through the criminal procedure those, who have made

– especially civilians and prisoners of war- involved in the

the decision that matches and realizes the elements of

given conflict. Additionally, the statute of the International

an international crime, will get punished. It was in 1947

Criminal Court is also a primary source of law in this case

during the so-called Nuremberg and Tokyo Trials that

because it contains a taxative list of the categories of in-

for the very first in human history international crimi-

ternational crimes. We have to note that the list however

nals were indicted before an international tribunal. This

is far from complete because the category of terrorism is

serves both as an example to be followed and a deter-

missing from the line up of crimes against humanity, war

rent for all criminal tribunals till this day. Regarding the

crimes, and genocide. Moreover, the definition of aggres-

theory of international law this is an essential develop-

sion has also not been exactly worked out yet.

ment because after the category of the individual, other categories of actors of international relations can be

Establishing institutions applying international crim-

added to be subject to international (criminal) law. By

inal law

this meaning non state actors (terrorist groups), private

In accordance with the above for the application of writ-

military companies, multinational companies and other

ten law the establishment of adequate organs is neces-

non governmental organizations.

sary. The Statute of the International Criminal Court (ICC) entered into force on the 1st of July, 2002, about a centu-

Constituting international criminal law

ry later than the actual written laws. However, only those

The fundamental hypothesis of International Humanitar-

perpetrators of the gravest breaches of international hu-

ian Law (IHL) is that war does not authorize either of the

manitarian law can be held accountable before the Court,

parties involved to resort to unlimited violence since it

if and only the state with the jurisdiction over the crime

is only lawful to the extent needed to achieve the aim of

in question, cannot or will not prosecute. This clearly

the given conflict. As we can now see from our everyday

shows that the ICC only has complementary capacity to

humana special

photo István Faltum

proceed. This however is not the only weak-point of the

advantageous because among other things these allow

Court. Until October of 2009, only 110 states joined the

to adjust the applied law to the specificities of the given

statute and thirty more signed but have not yet ratified

armed conflict. In other words, they may judge activities

it. At the same time numerous African states have called

that may not be a part of international law. This way the

upon neighboring countries to withdraw their signature

general acceptance by the local community of the deci-

claiming that the International Criminal Court aims only

sions made may be increased. Besides, international law

at African states. The truth in this is that of the Big Five,

develops by the appearance of national elements as well.

the United States of America and the People’s Republic of

However the operation of these tribunals is seriously hin-

China have not submitted themselves to the Court.

dered by the voluntariness of the financial contributions,

Until the actual establishment of the ICC, moreover, to proceed in cases of conflict where one or more of the

unlike in the case of ad hoc tribunals, so the financial ammunition sometimes runs short.

parties involved have not ratified the ICC, so-called ad hoc international tribunals have been set up. Naming two, the

+1. Picking an armed conflict

1993 International Tribunal for the Prosecution of Per-

Nowadays due to the large number of armed conflicts we

sons Responsible for Serious Violations of Internation-

have plenty of opportunities to see international crimi-

al Humanitarian Law Committed in the Territory of the

nal law get implemented in practice. After Nuremberg

Former Yugoslavia since 1991together with the Interna-

and Tokyo, the former Yugoslavia and Rwanda, the war

tional Tribunal for the prosecution of persons responsible

crimes committed during the Sierra Leonean civil war

for genocide and other serious violations of international

(1991-2000), crimes against humanity committed under

humanitarian law committed in the territory of Rwanda

the reign of the Cambodian Khmer Rouge (1975-79), and

between 1 January 1994 and 31 December 1994 and the

the violence during the Indonesian occupation of East

prosecution of Rwandan citizens responsible for geno-

Timor all unquestionably belong under the jurisdiction of

cide and other such violations of international law com-

international criminal law. Nevertheless politics reaches

mitted in the territory of neighboring States during the

these institutions as well. Most international criminal law-

same period. Though international law has developed a

yers agree that the Iraqi Tribunal (2005) was established

great deal, at the same time not only jurisprudence –but

with the primary objective of announcing the execution

political and financial willingness- has contributed to

of Saddam Hussein. Also regarding the Lebanese tribunal

the emergence of so-called internationalized tribunals

(2007), which was established because of the assassina-

in the wake of the 21st century. This means that not only

tion of the ex-prime minister Rafik Hariri, many have criti-

international law is applied during the criminal investi-

cized the fact that since it was not an international crime,

gation of war crimes but also national law. Also in the ju-

the international criminal procedure was filed because

diciary national officials may appear. These features are

regional political interests demanded it so. ■ Special Edition 2010 | www.humanamagazin.eu

background

20

Fortress, community space, Museum Beyond the walls of the Holocaust Center

author Eszter Sós I go next to this towerish building every day what is more antipathetic rather than sympathetic. Only the beautiful plants on the roof garden makes me ask the question again and again: What can be inside?

A

When you were looking for a place for this monument was it evident to

nd now here we are. We’re waiting in the

think on the synagogue of the street Páva?

middle of the green inside yard which is

It has delayed the decision that the ideas were on two dif-

thousand times more peaceful than what

ferent views. There were some who thought the monu-

we think. Pupils come out of the basement

ment should be somewhere in the seventh district in the

museum. The last two children are laughing. Everybody

old ghetto. Some thought it should be definitely some-

who has ever been in the dark, depressing space – which

where else because it won’t be only the monument of Jews.

is full with facts , memories and overwhelming impres-

the victims of the holocaust weren’t only Jews but also

sions – knows that nobody leaves it cheerfully. Of course

gypsies, political prisoners and homosexuals. Lot of the

in the Holocaust Museum they don’t want to draw the

people don’t like it but in the end the monuments place is

attention to the incomprehensible historical fact in tra-

a synagogue and the building has been built around the

ditional way: they organize concerts, showing films, book

second biggest synagogue of Budapest, saying this space

nights. Of course there are dilemmas of it. For exam-

shouldn’t be a religious community’s monument because

ple, how can we talk about the holocaust in this way? is

not all of them were religious but they were in the wagon

the cultural framework enough to publicizing the topic?

because of their origin. I still think the situation ended

And at all: how open minded are we today’s youth? We

lucky because so could be mixed an old and a completely

talked about the institute’s establishment, mission and

new building. There are famous foreign architects who say

possibilities with Dr. László Harsányi, who is the execu-

this is one of the most important building in Budapest.

tive director of the museum.

When and for what goal be-

“I don’t want to everybody leaving upset rather to create

gan to work the monument?

different forms of remembrance in the people and we

The Holocaust Center opened its gates in 2004 and the per-

create our programs accordingly.”

manent exhibition in 2006. In the beginning of the 2000’s was made that political decision that we need a muse-

How is linked to the events of the Holocaust the de-

um like this here in Hungary also because in the other

sign of the building?

points of the world – like in West-Europe, USA, and in

Here is almost full with symbols which should be ex-

Australia – exist already one but where it really hap-

plained to visitors. The six unfinished columns in the

pened there wasn’t. Obviously, this was due to the estab-

courtyard is a symbol of the 600 000 Hungarian and

lished systems after 1945 did not wish to deal with this

the 6 000 000 European victim. There are plants of the

issue. A significant part of the victims of the Holocaust

Holocaust concerned countries in the roof garden. The

was Hungarian citizen. The numbers of the victims we

overthrown walls and the Tower of the lost communi-

were in the fourth-fifth place after Baltic States, Ger-

ties are the symbol of the unrest. This all is the concept

many and Poland.

of the Ybl-prize winning architect, István Mányi. From

humana special

photo Gergő Bíró

the outside this building seems really an impermeable

nights, we need movie weeks, it should be opened for the

tower but stepping inside it’s an intimate garden, where

night of the museums. It is enough to people come inside

we can relax and we can organize fantastic concerts, as

and have fun because we want them to have experience who came inside. It is a huge discussion in

“Here is almost full with symbols which should be explained to visitors.”

Europe how to talk about the Holocaust, only showing the facts like a real historical event or make it wider and make it more colourful with every kind of art.

many examples it proves. But it’s a very delicate point

Do you think society have been processed the

what we use for this building. In my head reminding the

Holocaust?

holocaust we can find the relief. I don’t want to eve-

Not really but it’s is hard because we have a half centu-

rybody leaving upset rather to create different forms

ry delay. From 1945 till the 90’s it was a quickie process

of remembrance in the people and we create our pro-

because it was taboo topic. The families who took part in

grams accordingly.

the Holocaust are numb also. And the time after it wasn’t enough and we started to talk about it after a 50-60years

Do you think that the young people’s attention may

speechless time. And if the society don’t want to deal with

be severely disrupted in a so-called sterile, Museum

others problem, historical harm, then I think it will never

environment?

end to process it. And it is a big question if the information

Sometimes yes, and sometimes no. We would be badly

will be available for the next generation through schools

wrong when we thought only the exhibition makes them

or it will be the role of the places like ours.

to think. only this is not enough so that why is a part in the museum which it helps the kids to assimilate. It can only

What’s your opinion about that the disclaim of the

touch the youth and the others also when we talk with

Holocaust became punishable in Hungary?

the help of different tools about the Holocaust, what hap-

I really think it’s good and necessary. I don’t think it will

pened, today’s racist, intolerant danger. this is the place

stop a lot bad process but it will make the borders clear

where the music should sound, where we need poetry

which it don’t need to or mustn’t to cross. ■ Special Edition 2010 | www.humanamagazin.eu

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22

How much is human life worth? offering a short survey of the models of trafficking in people

author Laura Lesti

I

n the Caribbean area in Haiti, which is struggling

buying kids from a much poorer family. Adoption has its

with serious social trouble, there was an earth-

own lows, so if somebody would like to start a family un-

quake last month arousing people’s attention to

less obey the law they commit a crime. In these cases

an incredibly important international problem:

though these children get into a loving and thoughtful

trafficking in people. This natural disaster has claimed

family, it passes as trafficking in people.

thousands of human lives causing chaos, so some crimi-

But not only children fall victim to organized crime. A

nal organizations have appeared extending border, which

widespread and obvious form of the trafficking in people is

try to exploit orphan children without supervision. There

the women commercial with the aim of prostitution called

were a lot of instance having suspicions about members

“white slavery”. The number of victims is measurelessly

of organized criminal groups, who pretended to be col-

high in this field. Women from poorer societies choose

leagues of an international relief organization. In reality

this solution because of living or simply surviving of theirs

they worked for groups, which would like to increase their

own free will. Often the young women are caught by white

illegal profit from trafficking in people. Recently, for exam-

slavers with deception. Easy baby-sitter or hostess jobs

ple, even the domestic press was noisy because after the

with good salary requiring low qualification abroad is the

tragical natural disaster a North American relief organiza-

pitfall of white slavers. They keep the girls in captivity,

tion presumably wanted to send the orphan to organ deal-

making them vulnerable and the kidnappers exact them

ers’ hands. On the other hand the workers of international

with making a video about the raping and sending it to

relief organization said they had wanted to protect the or-

their families if they do not abbey or want to escape. Be-

phan from the traffickers in people and so they would have tried to take them to the area of Dominican Republic. Unfortunately the trade of body parts is not the only part of the internationally widespread industry of trafficking in people.

In low economic and social development level societies it is not a rare case, when the parents sell one of their children

cause of this it

“In low economic and social development level societies it is not a rare case, when the parents sell one

is an impossible task to split off from the chain of prostitution.

Our homeland,

of their children for the survival of

Hungary, is also

the others in a large family.”

affected in sev-

for the survival of the others in a large family. If the victim is a young girl, probably she would

eral fields of it.

It appears like a

catchment area, an exportation and a transit station.

have to do penal servitude in the sex industry. Frequent-

The victims of chain of white slavery can suffer from

ly little girls are made to marry richer suitor off to make

a trauma till the end of their lives, that is why we have

some money for the other members of the family. But

to pay highlight attention to their rehabilitations and re-

not only the prostitution is on the demand side. Forcing

coveries. Of course the family may be the first and most

to beg or working for a household or in agriculture as

important stage of the process, but don’t forget, with

a slave unfortunatly also appears in the visual angle of

the help of a specialist the recovery is easier. Coordi-

traffickers in people.

nated work of medical and civil services are needed to

There is a more humanitarian, but totally illegal form

provide suitable atmosphere and help for the victims to

of children trade. Usually North-American or European

recover. But it is a really difficult process after a tragic

wealthy couples without children do not shrink back from

event like this... ■

humana special

To kill and let die author Gábor Németh

O

ur culture on the northwestern part of the Earth is a rather strange one.

We value human life, al-

though we disagree on the issue of what human life exactly is. Life is a

process, without black and white borderlines defined by nature. Even the beginning and the end, betwixt and be-

Gustav Klimt:Death and Life (1911)

tween – constantly widened by technology. Thus we make laws, arbitrarily defining the

individual, on the other hand, is trying to use his right

beginning of life: for some reason the 46 chromosomes

to dignity during one of the most important periods of

within the cell are human, the same twice 23 a spare

his life – its end. The contradiction is clear, but we can

second earlier in two cells are not. When reaching the

attempt to resolve it from multiple aspects.

age of 18, one is considered an adult – whether she likes

Some regard the right to life as a consequence of life

it or not. Our ancestors thought that someone, whose

being a supernatural gift. Therefore, life is not only a right

heart or respiration stopped working is dead. Today, we

but an obligation, and the individual cannot refuse to live

routinely bring people back from this state, and associ-

it. From a legal perspective, this creates a clear situation,

ate death with the termination of brain functions. Hence,

an it would be difficult to argue with it from an ethical

it is crucial that with the evolution of our conception of

perspective, it is rather an issue of tastes.

life and the broadening of our knowledge we discuss our rights regarding our choice of life and death.

Fortunately, most of us never come into direct contact with abortion or the death penalty, however, the death of

According to others, the subjective quality of life is more important than its duration, thus the rights to dignity and self-determination can overwrite the duty of society to protect life. This brings us to euthanasia.

others is easier to talk about than our own evanescence.

This approach is very challenging for forces of regula-

The lack acceptable solutions to the legal issues concern-

tion. How do we decide when and in what circumstances

ing our own death is understandable, but disappointing,

we accept this radical form of self-determination over

as these are the most universal, pressing and personal

the claims of society?

problems, that tie all of us. The final stage of life, passing

It is important to distinguish between passive and

is the source of numerous legal and ethical controversies.

active euthanasia. The former means not doing any-

Is a regulation, acceptable to individuals and the society,

thing to prolong life, the latter its active destruc-

morality and reason conceivable?

tion. If we choose the latter one, who do we assign

We declared: everyone has a right to life, to life

to carry it out? Do we put the responsibility on doc-

with dignity and also to self-determination. How-

tors, or just as we have midwives for birth, we can

ever, nature is not interested in great human

have a new profession for people to help us die?

ideals, and it often presents us with difficult choic-

Who can make the ultimate decision? Do we allow vol-

es. Whose right and obligation is it to choose?

untary euthanasia only, or the appointment of someone

Society aims to protect its own integrity by protecting

to make the decision as well? ■

life, if necessary, against the will of the individual. The Special Edition 2010 | www.humanamagazin.eu

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24

Are We Differently Identical?

Genetics – Racism – Genism

author Péter Búzás The rapid development of medicine and biology in the last fifty years has dramatically altered our approach on humanity. At the beginning of the 21st century we can proudly declare that racial discrimination has

of scientific grounds of racial distinc-

lost all its scientific grounds. On the other hand there is no time for

tion between people was announced.

happiness as revolution in genetics has opened the way for a new, even

On the other hand, the question arose

more frightful ideology: the “racism” of the modern era, genism has ap-

that – even if there is no evidence for

peared threatening our human dignity and equality with discrimination

racial classification of people – scientif-

based on scientific evidences.

ically funded that the whole humanity belongs to the same race? The answer

Genetics and the Dusk of Racism

is yes, but the world had had to wait fifty more years for

In human communities, the “we and others” classifica-

necessary verification. The proof was found during the huge

tion has always been essential part of the common sense.

genetic research, Human Genome Project (HGP) that took

Several ways of distinction of people have appeared that

place between 1996 and 2006. The aim of the HGP was to

could be beneficial or detrimental. The latter, which is

reveal the whole human genome by indentifying the 24.000

called discrimination, is distinguishing people on the

genes and mapping 3.3 billion nucleotide base-pairs. “As

grounds of colour, national, social or ethnic origin, but

a result of the program, the systematic identification of

without any sufficient scientific evidence the idea re-

single-nucleotide polymorphisms (SNP) – that participate

mained a social or political category. On the other hand,

in the forming of genetic differences – began.” The HGP

scientific development in the 19th and the 20th century –

showed that – based on SNPs – all people are genetically

namely the appearance of evolution theories and genetics

identical for 99.9%, and there is only 0.2-0.4% difference

– has changed discrimination as people became catego-

on the level of our genes. Thereafter, opposite to the most

rized on the base of races: racial discrimination was born.

of other life-forms where genetic variability is very high,

According to this theory “distinctive human characteristics and abilities are determined by race,” thereafter it makes a distinction between people on the

“Thus we could surely declare that racial discrimination has no scientific grounds, none of the genes prove that certain human communities belong to different races.”

grounds of neutral human properties (e.g. colour, national or ethnic origin) in order to nullify or impair the recognition, enjoyment or exercise of human rights and fundamental freedoms.

mankind cannot be classified into races or subspecies.

Thus we could surely declare that racial dis-

crimination has no scientific grounds, none of the genes

Nazism meant the height of racist theories that brought

prove that certain human communities belong to different

one of the darkest chapters of history. Bearing in mind the

races. According to the UNESCO Universal Declaration on

atrocities uncovered after WWII, international community

the Human Genome and Human Rights “[t]he human ge-

declared that any doctrine of superiority based on racial

nome underlies the fundamental unity of all members of

differentiation is false, condemnable, unjust and dangerous,

the human family, as well as the recognition of their inher-

and that “there is no justification for racial discrimination,

ent dignity and diversity.” Racial discrimination similarly

in theory or in practice, anywhere.” Furthermore, the lack

to other ideologies before became a social concept.

humana special

Genetics and Genism

From International Community towards Global Con-

Abreast our effort to unify each person with the assistance

science: What can be done against genism?

of genetics under the name of humankind we managed to

In the history of discrimination, genism can open a wholly

split persons into microscopic units: we have sequenced

new chapter, but several internal and external obstacles

human genome. At the same time, we changed our view

slow down its spreading. The most important inner ob-

on ourselves by mapping genes and their functions. The

stacle is that genetic tests – necessary for mapping the

Doctrine of genetic reductionism was formulated stating

genome - are very scarce or expensive by the time be-

that the distinctive human characteristics and abilities

ing. On the other hand, one of the most significant exter-

are determined by genes regardless of environmental,

nal causes is that the international community realized

social and other factors participating in the forming of

very early the importance of genetic information and the

each person’s characteristics.

It is clear that human genome underlies our diversity hence the genome of different people is only 99.6-99.8% identical. There remains 0.2-0.4%. Based on the doctrine and these genetic differences, genism, the genetic discrimination appeared (a term not yet officially recognized).

Evidence shows that genetic discrimination can let a new kind of “racism” rise hence genism is willing to use the developments of genetics in order to verify racism. One of the first examples of genism’s appearance, which caused global indignation, happened when James Watson – winner of Nobel-prize for the discovery of double-helix structure of DNA – declared in 2007 that African people are less intelligent than Euro-

“We are all Africans under the skin” (Chris Stinger)

photo UNHCR

peans. The researcher later revoked his words and excused himself admitting that he has no evidence to prove his words. We

possible dangers connected to them. No one shall be sub-

do not have to go far for a Hungarian example as well: a

jected to discrimination based on genetic characteristics

mayor cynically talked about the labour morals of Roma

that is intended to infringe or has the effect of infringing

people participating in a communal work program and

human rights, fundamental freedoms and human digni-

said that “I am not a geneticist, I cannot put [the labour

ty. In certain countries such as the United States, protec-

morals] into them.”

tion of genetic information has already been incorporated

These examples are only the recently published dec-

to acts???. Furthermore, (also) the scientific community

larations, fortunately genism has no clear signs yet, but

plays a special role in prevention of genism hence it is the

the danger genetics-based genism holds for persons,

researchers’ duty to eliminate all pseudo-scientific efforts

society and other human communities cannot be disre-

that aim to verify genetic distinction between people. The

garded: this kind of classification of persons’ is indeed

overall and most important element that could stop ge-

degrading, threatening our equality and thus deeply in-

netic discrimination would be a global social conscience

fringes human dignity. Action against genetic discrimi-

which can help realizing the possible consequences of the

nation became necessary, because, without any timely

use of genetics and to help humanity find the appropriate

steps, genism – as the most lethal disease of the planet

steps to prevent disasters deriving from the improper use

– would tarnish even the atrocities of racism.

of genetics. After all we are all Africans under the skin: we are differently identical. ■

Special Edition 2010 | www.humanamagazin.eu

Visions Photos by Magda

Jakab

background

28

Legalization

The best solution prostitute, client taxpayer alike

author Eszter Sós The most ancient profession – this is how prostitution is commonly referred to, as there have been men and women selling their bodies since ancient times. It is known from contemporary records that sophisticated heteras and geishas were generally recognized by society , while nowadays, sex work has become one of the most looked down upon professions. While a large number of people make their living from prostitution and enjoy the services of prostitutes, many people would like to see sex workers disappear. Of course, it is impossible to completely eradicate prostitution but it can be restricted and its legalization vetoed. The question is who is interested in doing so?

A law that hasn’t worked for ten years now “We do not have exact statistical data that is why we can

is not the only reason why Hungary is on the midway between legalization and criminalization.

only estimate the number of prostitutes” – says Ágnes

“Hungary signed the Treaty of New York in 1955 part of

Földi, president of the Association for the Protection of

which prohibits the operation of brothels” – says Ágnes

the Interests of Hungarian Prostitutes. “The number of

Földi. “According to current legislation it is prohibited to

Hungarian sex workers is approximately 10-15 thousand

lend property for prostitutional purposes therefore pros-

but this does not mean that all of them work at the same

titutes can only work at home. However, if someone has

time in Hungary.”

an underage child – in fact 80% of are parents – they must

According to Ágnes Földi a lot of them go to work

own two apartments, otherwise they would be commit-

abroad. The reason for this can be easily understood if

ting a crime by working and raising a child in the same

we start to examine the Hungarian situation. Prostitu-

place, thereby endangering the child. On the other hand,

tion was officially legalized in Hungary with Act LXXV of 1999 on organized crime and related phenomenon.

However, we cannot talk about real legalization since

“There are cases when someone is forced to do sex work but it is naive to think that this is typical on the sex market since most prostitutes do sex work voluntarily”

the so called ‘zones of tolerance’ where prostitutes can work under organized and

if prostitues owned two apartments, they probably would

controlled circumstances have not been marked out yet.

not have to be a sex worker. Therefore the Hungarian le-

“Nowadays, since the zones of tolerance do not exist sex

gal environment, derived from the Treaty of New York is

workers can work wherever they want to apart from the pro-

impractical. This is why our organization urges the state

tected areas. This means that they can show up legally even

to withdraw from the part of the treaty prohibiting the

on masse everywhere except for highways, main roads and

operation of brothels.”

the 300-meter-district of a public institution (for example in a new subdivision). Everyone can agree that the system

The Swedish model would make the prostitutes in-

cannot work like this.”

visible

Local governments were supposed to mark out the

Nowadays in Hungary, the proper legalization of prosti-

zones of tolerance until 1 March 2000. The failure of this

tution would mean marking out zones of tolerance and

humana special

photo Magda Jakab

establishing brothels. Those who oppose legalization

oppression and they consider every sex worker a victim.

are not against the realization of these in the first place

I these are both clichés. It should be recognized that the

but they want the establishment of the Swedish model

lives of a prostitute working on the streets and that of a

that punishes the client instead of the prostitute. Ágnes

luxury callgirl highly differ from each other. There are big

Földi thinks that the introduction of this system would

differences between the groups of sex workers from a so-

not solve the problem, and what is more.

cial point of view. Most girls who work on the streets grew

“With the introduction of the Swedish model there would

up in state care, poorly educated, have bad family back-

still be prostitutes but from that point on they would be

grounds and they basically have a lot of problems with

out of reach, invisible and we would not be able to speak

social norms. Those prostitutes who work at apartments

r o f n o i t u t i t s pro

to them anymore. But the profession would not disappear

are mostly like regular people. Most of them have a de-

since the reasons that make someone become a prosti-

gree and not all of them are young – there are forty-fifty-

tute would still exist.”

year-old mothers too.”

The Hungarian Civil Liberties Union (HCLU) is not in

favour of the Swedish model either. Péter Sárosi , mem-

Instead of the continuous battle of views

ber of HCLU’s executive committee and head of their drug

HCLU thinks that nobody should be allowed to be a sex

policy program, says that according to Swedish organiza-

worker under 18. On the other hand, they believe that

tions protecting women’s interests the number of pros-

people above 18 can decide what they want to do with

titutes on the streets has dramatically decreased after

their lives.

the law punishing the clients entered into force. He says

“Legitimate forms of prostitution should be separated

that this might be true but prostitution on the streets is

from the cases when underage people are included and

only a small part of the overall phenomenon. Because of

forced prostitution. There is a big debate over which of

the law, people hide to places where they cannot be seen

these is more frequent between the representatives of the

and in fact their number has not decreased. Prostitution

two sides. I think that there are cases when someone is

is less under control now.

forced to do sex work but it is naive to think that this is typi-

According to Péter Sárosi the problem is that people

cal on the sex market since most prostitutes do sex work

tend to simplify the issue, this is why there are two op-

voluntarily and not because they are forced physically or

posing points of view on the question of legalization.

mentally but because of financial reasons. It is also a sim-

“Certain people think that prostitution is a romantic

plified statement that every woman is a victim. Those who

profession while others see it as a form of patriarchal

think this should really listen to prostitutes themselves.

Special Edition 2010 | www.humanamagazin.eu

Those who support this idea often create theories in aca-

dressed girls. We think that only those should see pros-

demic ivory towers about how prostitution works based on

titutes who want to use their services. All circumstances

researches which usually use bad methods because they

should be arranged to achieve this because prostitutes

mainly ask those women who were forced and got into a

are continuously exposed to danger as well. Nowadays,

shelter afterwards or those who were arrested by the po-

a prostitute working on the streets gets into a strange

lice. We can only see the tip of the iceberg since mostly po-

man’s car in twenty seconds meanwhile those who work

lice cases become well known in the media. At the same

in apartments open the door for everyone. These sources

time, we have no information about the

of danger would end as a

number of prostitutes and those who do

“The more we check and con-

consequence of legaliza-

trol something the less possible

would not feel herself in

their jobs without problems will never be seen visible for the public.”

According to HCLU, neither criminalization nor the punishment of clients are solutions of the problem of

tion since the sex worker illegality anymore and

it is someone becomes a prosti-

as an outcast and she

tute against her own will”

would dare to call the po-

prostitutes since the problem is main-

lice when necessary. I do

ly economic.

not agree that complete

“It can be demonstrated that the rate of prostitution

legalization would increase the rate of child prostitution

is higher in those countries where unemployment is high.

since the more we check and control something the less

This is why the endangered young people should be sup-

possible it is someone becomes a prostitute against her

ported to help them succeed in the labor market because

own will. The probable increase of the men’s interest is

often they have no options and the main cause for prosti-

a wrong argument too because men’s interest is already

tution is unemployment. The medical, the social and the

given and those who do not want to just simply will not

educational sides of prostitution should receive more at-

use the services of prostitutes.”

tention too. It would be reasonable to launch complex pro-

All organizations – both against and for legalization

grams which lead young people out of prostitution and

– agree that Hungary will never be free of prostitution.

street services should receive more resources. First of all,

First of all, everyone should accept this fact. Afterwards,

it would be essential to normalize the situation on the

a genuine dialogue would be possible between the repre-

streets that is, to establish zones of tolerance. This is the

sentatives of the two sides which would lead to the con-

competence of the local authorities but since they cannot

clusion that the state should be urged to take an action

be forced to take action the law should be modified and

taking into consideration the interests of the citizens

make it the government’s task.”

and the prostitutes as well. This would be followed by the long term preventive and in-

“This is why the endangered young people should be

formative work presented by HCLU. We should add that this

supported to help them succeed in the labor market

would only operate success-

because often they have no options and the main cause

the world which could serve as

for prostitution is unemployment.”

a basis for these actions.

fully if there were changes in

According to Ágnes Földi, the most important thing is to handle prostitutes as people who are able to make

The present situation – somewhere on the midway

responsible decision on their own.

“We do not say that everyone would go to the brothels or

“I think that if in a democratic state someone wants to

to the zones of tolerance since it does not work like this

be a prostitute without being forced and as a grown-up, in

anywhere,” – says Ágnes Földi according to whom the op-

addition if the Hungarian legal system allows her to do

eration of prostitution within controlled circumstances

so, then she should have the right to become a sex worker

would decrease the defencelessness of sex workers. – “But the present situation, infavorable to everyone, would cease to exist. These days, prostitutes work wherever they want to. For example, at the side of the road where the whole family – even the children can see the scantily humana special

without anyone interfering. Prostitutes should be allowed to decide about their own lives as adults.” ■

31

background

Women’s choice or men’s decision

author Anna Kertész Most people have a particular opinion on the legalization of prostitution. The question appears on the public agenda from time to time from different aspects. Public interest organizations, NGO’s, civil society

How can it be expected that further

organizations, and everyday people take widely differing stances. Legal,

on she would make a decision about

economic and unappealable moral arguments keep flying about.

her body with a clean slate and with

S

responsibility? According to Krisztina till, the topic becomes a part of public discourse

Hoffmann, who is an associate of Street Social Workers

and gets publicity only in sensationalist media

Association (SSWA), it can be said that in general, pros-

outlets and as a part of particular political agen-

titution or the process leading to it started at the age of

das, exposing the double-faced nature of pros-

ten-twelve among street prostitutes. Getting to the streets

titution. However, meaningful conversation, preventive

from state care is also common. In Hungary, approximately

campaigns, liable forums that are willing to take ac-

twenty percent of the homeless used to be in state care,

tion and experts are quite a few in number.

this ratio is a lot higher among girls and women who make

The absence of informative quantitative and qualita-

t s n i a g a

a living from prostitution on the streets.

tive research make serious dialogue more difficult. Fac-

It is a recurrent dilemma when examining the phenom-

tual knowledge, usable at the local level would be crucial to

enon and causes of prostitution that in certain statements

handling prostitution and coming to comprehensive conclu-

it can be interpreted as a kind of response to a socially le-

sions at the social level. Having little information about the

galized demand. If we accept this, the contradiction of le-

motivation and demographic composition of prostitutes

gitimacy can be seen immediately: the demand increases

can lead to shallow and overgeneralized statements.

but not every one woman in ten becomes a prostitute vol-

n o i t u t i t s pro

untarily. The solution is human trafficking. One can meet

Along arguments

numerous Hungarian girls in the brothels of the Nether-

Support for the legalization of prostitution is based on the

lands, Italy and of other countries too but pornography

notion that prostitution is a necessary, universal and inevi-

and striptease bars employ East European girls with pre-

table social phenomenon , part of people’s nature. This is

dilection too. According to Anna Betlen, as long as there

why it always existed and will always exist, as a response

is a solvent demand for prostitution while defenceless

to demand. Is this argument acceptable? It could also be

people are becoming poor and are also easily available,

said in connection with paedophilia that it always existed

the phenomenon will keep on spreading. Furthermore,

and probably it will always exist but would this mean that

demand is constantly transforming; the guests of brothel,

it should be considered normal and acceptable? The com-

striptease clubs and street corners want divers and con-

parison may seem arbitrary if we forget that most girls

tinuous supply of girls from different nationality, ethnical

becoming prostitutes are underage. Thirty- thirty- five-

and cultural backgrounds. According to Sheila Jeffreys,

year-old prostitutes are regarded to be old in pornography,

this unbroken demand shepherds towards new merchan-

on film shootings, on meat markets where girls are bought

dise and shapes the international traffic of women and

and sold and on internet portals. If we do not forget about

girls. The existence of a local market for prostitutes is

these, it can be asked whether an eighteen-year-old young

an essential condition of the selling of women and girls

person can be considered mature both psychologically and

which can be easily enlarged if it operates legally. The

physically to be at disposal of her own body? Especial-

work of traffickers and ponces would then be eased and

ly, if she has already had an unwanted sexual experience.

they would make a lot more money.

Special Edition 2010 | www.humanamagazin.eu

photo István Faltum

In countries like Germany and the Netherlands, where

differ from each other but they have one thing in com-

prostitution is defined as a job and part of the economy,

mon: the practice of prostitution is accepted and legiti-

the ratio of women smuggled in for prostitutional pur-

mized by the state.

poses is a lot higher than the international mean. Accord-

According to foreign research, trafficking people and

ing a Group of Budapest report, 80% of women living

child prostitution have become quite widespread in coun-

in Dutch brothel is foreign. The International Organiza-

tries where the state is permissive. Since men had to fear

tion for Migration (IOM) already pointed out in its 1994

less the disgrace for attending a brothel, more of them

report that in the Netherlands almost 70% of the pros-

became regular visitors to sex clubs and night clubs, that

titutes is from a Central or Eastern European country.

is, legal consumers of prostitution. The organizations

Nowadays, belying the expectations, the sex industry in

dealing with prostitution are confident collectively that

Holland amounts to 5% of the economy. In the last dec-

state supported prostitution can be considered as one

ade, since running prostitutes became legal, there was a

of the main causes of sex trade since – as I have already

25% rise in the sex industry. The prostitutes unanimously

mentioned above – trafficking people is eminently influ-

say that the legalization of the sex market is not able to

enced by law in connection with prostitution. The big-

abolish the impress of prostitution; moreover they can

gest mistake of these laws and regulations is that they

become more vulnerable due to registration require-

are not based on the fact of exploitation but only on the

ments that is why most of them prefer to stay in illegal-

question that whether women agreed to the business -

ity and keep on looking for the protection of their ponces

based sex act or not.

just like before. Consequently, according to international

Even the expression “state supported prostitution”

experience, the expectations in connection with the le-

suggests that in those systems where sexual services are

galization of prostitution were not fulfilled. Women got

legalized in a legitimate form or regulated, the state be-

under tighter and more severe control while the owners

comes a ponce itself since it uses tax income from pros-

of brothel gained even more profit.

titution. This is why, it is important to emphasize that besides the global sex industry the number one benefi-

Tolerates, prohibits, supports- the role of the state

ciary of the legalization of prostitution is the state itself

Legal or regulated prostitution is called publicly sup-

that encourages the legalization.

ported prostitution. Legalized or controlled systems humana special

33

background

The Swedish model

handle prostitution is to manage it as a legal problem.

The Swedish model approaches the problem from the

However, it is quite disputable whether it is right to legal-

point of view that prostitution is a form of violence to

ize prostitution since thereby the phenomenon inevitably

women; and the fact that women can be bought by men

becomes a legitimate part of society despite the state’s

obstructs the evolution of a society that is based on the

regulation and control.

equality of genders. The Swedish pack of law that pro-

I think, a rational dialogue should be developed with-

nounces prostitution as an undesired social phenomenon

in the society, the topic of prostitution should outcrop

can be considered pioneering, while it has also abolished

with all of its problems. It should be disputed, spoken

all sanctions to prostitutes by which they were previ-

about and children should be taught already in elemen-

ously penalized.

tary school what it means to respect and love their own

This is one of the first laws globally that punishes

body. If girls and boys start life with this previously ac-

men who buy sexual services. Laws imposing sanctions

quired knowledge from their parents, from school and

on demand can also be found in Norway, Finland, Ice-

from society it is possible that they will be able to de-

land and Great

cide about their lives with responsibility and they will

Britain but formally differ from each other significantly. As known, there is not such a general rule in Hungary.

find it humiliating to use another person for one’s own sexual gratification.

What is the reason for the different approaches in the

We should make a decision and we should openly

regulations of the certain countries? In Hungary, the state

commit ourselves against prostitution – classifying it as

mainly focuses on the questions whether prostitution con-

a human rights violation – or in favour of prostitution –

tributes to the spread of sexually transmitted diseases or

considering it a woman’s right to have a disposal over her

not and whether certain statistical indicators of crime get

own body. In the first case, we should focus on the reinte-

worse or not; while the northern countries were the first

gration of prostitutes to society by all means (legal, penal,

to officially recognize that the problem of prostitution and

social…); those who are not reintegrated are potentially

pornography is in connection with the question of wom-

endangered and for them prevention, body consciousness

en’s right and the equality of women and men. Due to the

and the acceptance of themselves are especially impor-

Swedish law and the complementary activities at schools and workplaces, a significant change in attitude has

Since men had to fear less the disgrace for attend-

been started among young people,

ing a brothel, more of them became regular visi-

therefore they take side against the resort of sexual services.

Besides the determined and intended reduction of the demand, the

tors to sex clubs and night clubs, that is, legal consumers of prostitution.

Swedish model also puts a great emphasis on helping prostitutes quit. They offer retraining,

tant. It is also essential to keep off with legal means those

guidance on mental health and workplace for prostitutes;

living from sex industry- the ponces, the smugglers, the

they help them not to be left without financial and spir-

future clients and to deter them from prostitution.

itual support in their new lifestyles.

If we decide that prostitution is not an offense to human rights but a woman’s right to self-determination

Black and white

over her own body then we risk that prostitution will

It can be said that the global sex industry – just like multi-

become a possible living or even worse a profession for

national enterprises – is well organized, well constructed

future generations and even for our children. This would

and profitable. This is why, financial interests can obvi-

tip over values and lead for unforeseeable consequenc-

ously be connected to its maintenance and enlargement

es for society. ■

both in Hungary and other parts of the world. The concerned and the supporters of prostitution often paint a false picture about the lives of the prostitutes and their motivations and they try to influence the public opinion

This study is based on material from the MONA’s confer-

by simplifying the phenomenon and by presenting it only

ence, the seminar notes of this conference in Stockholm

as a legal and economic question so that we accept the

and on other studies and summaries that can be found on

culture of exploitation. The most common strategy to

the website of prostitucio.hu.

Special Edition 2010 | www.humanamagazin.eu

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34

Will we become dust?

Ecological burial in the XXI. century

author Esztrer Sós Most people are aware of their own caducity; that we are all part of Nature’s eternal cycle. Many people also recognize that protecting the environment not only depends on unified global actions but also through individual steps, everyone is able to contribute to the process. Still, only a few people think of the fact that even though they lead an environmentally friendly life-style, after

and-twenty kilograms. It is

their death, the way they become part of the ground is also essential.

also essential to highlight

I

that such a product has sigt is vital that the importance of environmentally

nificantly lowered production

friendly alternatives regarding funerals reaches eve-

costs compared to conventional coffins. On the other

ryone as according to the specifications of the Euro-

hand, Ecopak greatly emphasizes design. The elegant

pean Union, in the coming years, Hungary will have

lines and subdued colours characterize the next genera-

to switch gradually to environmentally friendly, recycled

tion of graves, not resembling today’s cuts but rather

materials, for example coffins and urns made of paper.

recall the features of ancient cultures. Coffins with oak

This is necessary because the currently used paper

acorns appearance receive great attention, since it re-

coffins contain certain agglutinans that are extremely

minds people of the cycle of nature and renewal. Some

polluting for the soil. The urns made of different metals (usually copper) are also leaking toxic substances into the ground.

Susan Meiler funeral consultant and diphoto www.preciousmemoriesmonuments.com

rector of the Sunset Funeral Service Ltd. envisaged the long-term process concerning the transition designed by European Union.

Hungarians need to reconsider several century-old traditions in the field. “ Hungarian burial practices are very difficult to change. It is enough to take the following fact into consideration: it took a long time until people adopted scattering funeral ceremony.

It is difficult to predict when paper urns as well as coffins will become widespread, since they are completely different in appearance, as the usual ones nowadays.”

Overseas the manufacturing of paper coffins and urns grew to become a large industry.

One of the most popular companies is the English Ecopak, which uses recy-

Biodegradable urn

cled paper in order to develop their handmade designer products. The company’s graves weigh

companies produce coffins in the form of an envelope,

only eighteen kilograms but thanks to their structure,

while others use facial portraits, heart- and shell shaped

their capacity can also be extended to one-hundred-

forms as decoration. In connection to grave and coffin

humana special

35

background

photo www.ecopod.co.uk

A papercoffin by Ecopod

production not only the simple elegance of the British

emotional reasons. In most parts of Hungary, there is no

company will prevail. There are special orders requir-

problem with free space in cemeteries. After a twenty-

ing the weaving of willow and bamboo, others order

five-year period, the graves are considered to be ‘emp-

the model representation of personal things belong-

ty’, as science defines this time the interval for a human

ing to the deceased.

body to decay. Using paper coffins, this process would be

“In Budapest paper coffins are not yet used.“ – says

reduced to ten-to-fifteen years. After this period, people

Susan Meiler. - “It is not common in the countryside ei-

could be re-buried in these graves, unless the family de-

ther, even though in Győr we already have biodegrad-

cides to buy it out, which, regrettably, is also becoming

able urns. Currently, in Hungary only a few businesses

less typical.

are specialized in the field. What is now considered to be

However we have another problem with burial prac-

the most environmentally friendly burial method is the

tices, which cannot be solved even by switching to using

scattering of ashes from a boat. Actually, they believe

paper coffins.

that this type of scattering used in cemeteries is not ec-

“If we wish to bury in paper coffins, we should also con-

ological because the pollutants wash into the ground.

trol the clothes worn by the deceased. The nylon socks,

There is also a possibility that the mortal body of the

tights and various synthetic fiber clothing are not degra-

deceased are dispersed in a specific place according the

dable, therefore we would have ban these materials, if

their last wish. Burying the remnants into the ground in

you absolutely want to have an environmentally friendly

paper urns or coffins would clearly be the most friend-

technology for funerals. As a private person and environ-

ly to the environment. Personally I am in favour of this

mental protectionist, I completely agree with this aim but

method because I think the place of the deceased is in

knowing the Hungarian funeral culture, I do not believe

the cemetery. Psychology divides the so-called “re-

it will be a smooth process. We try to draw attention to

moval ritual” process into three parts: death, funeral

this during the preparation but I am not certain when will

and grief. Unfortunately nowadays, our life often lacks

society reach the point where eight out of ten people will

the fulfilment of the third element. Many psychological

choose paper coffins over regular ones.’

problems generate from this unprocessed grief. Thus,

We can conclude first of all that raising awareness is

the grieving stage is necessary to be lived through, for

inevitably necessary. This is a sensitive area however peo-

relatives are able to say goodbye to their loved ones, visit

ple should learn to pick environmental friendly solutions.

the cemetery form time to time as well as interact with

Of course, the problem already arises if we consider the

people who lived through the same thing. But if some-

customs of the country where this method should be in-

one keeps the urn at home, they have to face the loss of

troduced; most of the cemeteries organic waste can not

that loved-one on a daily basis. Current law regarding

be decomposed, where wreaths made of fake flowers are

our topic states that if anyone decides to keep the urn

in their renaissance, where graves are decorated with

at home, it shall not be kept in the house but rather in

cast stones instead of living plants. Indeed, under these

the garden. An appointed mortician will be obliged to

circumstances it is difficult to argue for paper coffins and

put the degradable urn in the specified area.

urns, especially to draw attention to the simple fact that

The number of urns taken home are increasing. Most people base this decision not only on financial but also on

no matter how we try sooner or later the preserved human body, will eventually become pulverized. ■ Special Edition 2010 | www.humanamagazin.eu

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36

Sino-African Relations

author Astrid Van de Velde Chinese presence in Africa has expanded dramatically in the last decade.

The value of Sino-African trade rose significantly and China’s investments and political and military engagement in the continent have increased con-

countries that trade with Africa rec-

siderably. Although at first sight growing trade relations for the African

ognize the ‘one China’ policy. Coun-

continent can only be encouraged, serious problems exist.

tries such as Malawi even switched to this policy under soft pressure of

Chinese Interests in Africa

China in 2008, after 41 continuous years of Taiwan rec-

China is mainly interested in Africa’s oil in order to se-

ognition. Another strategic consideration which is more

cure its oil supply. Chinese trade deficits lie only with

or less connected to the previous one is the need of Chi-

oil exporting countries such as Angola, Nigeria and Su-

na to gain international allies, and to diminish criticism

dan. But Africa does not only serve as an oil supplier.

on its internal human rights situation. As known, China

The African continent also holds a large proportion of

is not only trading with countries with doubtful human

the world’s reserves of key metals such as chromium,

rights records, but has itself internal problems with at-

copper, gold, and many others, which China needs for

taining international human rights standards.

its manufacturing sector. Another Chinese need Africa

China is also worried about the issue of the expansion

can meet is the issue of food security. China’s popula-

of the permanent membership of the UN Security Council,

tion counts for 20% of the world’s population, but only

especially with Japan’s interest in obtaining a permanent

a small part of China’s extensive territory is suitable for

seat in the Council. Another last strategic consideration is

agriculture. On top of that, the Chinese arable land is

the growing role China wants to play in global diplomacy

declining every year.

and in international institutions. Through this, it aspires to

Africa is a gigantic potential market for China. Chinese

the establishment of an increasingly multi-polar world.

cheap products are now competitors of African, locally produced products on the African market. Often the Chi-

Problems with Sino-African Trade Relations

nese products are cheaper than the African ones, because

One of the big problems of Sino-African trade relations, is

of governments subsidies, which gains problems for the

that local people do not benefit sufficiently from the Chi-

local entrepreneurs who cannot compete with the cheap,

nese economic activity in their country. A lot of the aid

subsidized Chinese goods. Another component of China’s

projects, such as giant construction works, are obtained

interest in Africa is avoiding political difficulties in pursu-

by Chinese companies. Those Chinese companies prefer

ing resource interests in regions in which the US is already

to use Chinese labour force, which in turn creates a lot of

a major presence, such as the Middle East, and by this way

migration of Chinese people to African countries. Those

pursuing the diversification of its oil sources. This is of

Chinese companies, with Chinese labour force, prefer to

course relative, since there is in fact a competition over

use Chinese materials. Thus, the problem is that there are

the African continent between the US and Africa.

too few employment opportunities created for the local

Behind the Chinese economic diplomacy in Africa are

population and almost no use of local materials. Through

also several important strategic considerations. One of

this way, a lot of the aid money that is donated by China

the strategic considerations of China is to seek recogni-

is channelled back to China.

tion for its Taiwan policy. This policy is the so-called ‘one

Another major problem are the poor working con-

China’ policy, which recognizes Taiwan only as a province

ditions in the Chinese firms in African countries. Labor

of China, and not as an independent state. A lot of African

force are paid very low wages, child labor is an often

humana special

photo István Faltum

phenomenon, and there can be raised strong questions

overview of other actors or institutions. Plus, the country

about the safety of the working conditions. Use of bribery

is really scarce in providing information about its trade

is common, together with a lack of transparency.

relations with African countries, which led to some suspi-

Chinese factories use their African trading partners

cion among several academics. China is reluctant to too

as a market for dumping their poor-quality products and

much unwanted third-party political attention. On top of

fakes. There is unfair competition for African products

that, the individual Sino-African relations can mostly not

because of state sponsored Chinese products which un-

be called equally balanced. This inequality, taken together

dermine local production.

with the lack of information provided and China’s interac-

There have been several reported cases that show a

tions with weak regulatory and enforcement capacities on

lack of respect for the environment by Chinese firms op-

the continent create a ground for negative rumors sur-

erating in Africa. Keeping in mind that several of these

rounding the Sino-African trade.

factories are mining and oil companies, the impact for the environment and thus the society, can be devastating.

Although there could be noted some shifts the last years, the base of China’s trade relations is the princi-

Another major problem is the indirect, and sometimes

ple of non-interference. With this principle, China em-

more direct, assistance China is giving through its aid and

phasizes the sovereignty of every country with which it is

trade to some African regimes known for their abysmal

doing business. According to China, this principle means

human rights records. The case of Sudan is a clear ex-

that China will not interfere with any matter of inter-

ample of this. Not only is China indirectly supporting the

nal affair of a country it has trade relations with. This

al-Bashir government of Sudan, which is responsible for

principle received a lot of international and domestic

multiple human rights violations and war crimes, through

criticism, especially from Western countries. It is a fact

its trade relations with the country. It also built several

that China, by totally ignoring every responsibility with

arm factories in Sudan. By this, it made the government

any internal affairs of a trading partner, could establish

of Sudan self-sufficient in small arms.

profitable trade relations with some African countries

On top of this, Chinese lending practices undermine

who were under sanctions of Western countries, such as

the debt relief strategies from the IMP, The World Bank

happened in the case of Sudan. But next to that, there is

and others, devised over the past decade in cooperation

of course the question of moral responsibility in trade

with African states and regional bodies.

relations, since trading with African countries with gov-

China always opts for a bilateral context in its African

ernments with doubtful human rights records implies

relations. This makes their trade relations less transpar-

that it will benefit such doubtful and sometimes even

ent, since there is no multi-lateral context and thus no

illegitimate regimes. ■ Special Edition 2010 | www.humanamagazin.eu

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38

The Rwanda Genocide Humanitarian Intervention Dilemma in Intra State Conflicts

author Orsolya Báder The following article discusses the Humanitarian Intervention dilemma in intra state conflicts. Moral obligations versus political interest accompanied by state sovereignty are the core principles in the analysis, using the reaction of the international community in the Rwanda Genocide case

order to assist, for instance, the starv-

as an example. Moreover, it discusses the controversial elements in the

ing population of that state. Practicing

United Nation Charters as well as Conventions applied to the topic and

sovereign rights are the main princi-

suggests possible developments for these universally accepted docu-

ple for nation states. On one hand,

ments in order to take one further step towards the solution.

I

Humanitarian Intervention is violating the most crucial rights of states

n the summer of 1994 between April and July the

with its fundamental premise: an outside power have the

world witnessed the worst human tragedy of the

right and duty to intervene in other boarders for people’s

20th century. Within 100 days about 800.000 Tut-

protection. The state sovereignty dilemma regarding Hu-

sis were brutally murdered by Hutu militia. In the

manitarian Intervention not only generates from the past

meanwhile the international community stood by and re-

referring to the core characteristics in the Westphalia Trea-

fused to provide the essential humanitarian and military

ty, but we can also obviously point out controversies within

aid, while Tutsi man, women and children were being sys-

the UN Charter and Conventions. UN Charter Chapter VII

tematically slaughtered. 16 years after the massacre the

declares, that states are only allowed to threaten or use

United Nations as well as the international community

force against another state for reasons of self-defense or

apologized for the passive reaction on the behalf of their

when it is authorized by the Security Council as necessary

state. Whether or not the international arena wished to

“to maintain or restore international peace and security’.

interfere with the case via acting according to Custom-

Article 2 Point 4 recognizes the territorial integrity and

ary International Humanitarian Law, the problem with hu-

political independence of all states. Therefore, it is flex-

manitarian intervention and peacekeeping in intra- states

ible in terms of allowing interpretations, ensuring member

conflict demonstrates fundamental issues. The interna-

states and the Security Council for justifications choosing

tional reaction to the Rwanda Genocide was unacceptable.

sovereign state respect over moral state duty.

Humanitarian Interventions involves a highly sensitive dilemma, more particularly the ambiguity between politi-

Morality – Question of Genocide

cal interest and the question of state sovereignty versus

Following the outcome of the Holocaust, world leaders

moral state duty, defined in the Fourth Geneva Conven-

vowed to avoid such an event, protect humans, or ethnic

tion. The previously mentioned elements are accurately

groups from a mass murder. In 1948, the United Nations

illustrated in the Rwanda case, in fact eventually they lead

adopted the Convention on the Prevention and Punish-

to incoherence within United Nations’ member states,

ment of the Crime of Genocide (CPPCG). Article 2 of this

preventing the effective treatment of the situation.

convention defines genocide as “any of the following acts committed with intent to destroy, in whole or in part, a na-

State Sovereignty

tional, ethnical, racial or religious group, as such: killing

The unenthusiastic actions can also be explained by using

members of the group; causing serious bodily or mental

legal definitions within the generally accepted Internation-

harm to members of the group; deliberately inflicting on

al Law norms. The International Court of Justice refers ‘to

the group conditions of life, calculated to bring about its

the fundamental principle of state sovereignty on which

physical destruction in whole or in part; imposing meas-

the whole of international law rests’. No government has

ures intended to prevent births within the group; [and]

under any circumstances the right to violate the territori-

forcibly transferring children of the group to another

al integrity and political independence of another state in

group.’ Article 3 declares the obligatory prevention and

humana special

39

punishment of genocide in the international community.

background

the controversies between politics and moral values. By the

Until the 20th of May the Rwanda case was not labelled

beginning of the 21st century several state apologized for

as ‘genocide’. Despite the several hundred thousands vic-

their lack of action in the 1994 Rwanda Genocide. In 2001

tims reported by the Red Cross and other media sources,

The International Red Cross introduced a new international

the international community so as the United Nations re-

security and Human Rights norm to address the interna-

jected to use this term. Not labelling the killings as ‘geno-

tional failure and avoid future genocide, war crimes, ethnic

cide’ provided permission to avoid acting according to the

cleansing and crimes against humanity. The ‘Responsibility

universal Convention. ‘In general as long as no regional

to Protect’ became very popular among world leaders.

power feels threatened by the term, the prospects of out-

Humanitarian Intervention is highly linked to Peace-

side intervention are weak. This is morally indefensible

keeping methods and commitments. The general Assembly

and potentially subversive of the idea of general human

may consider maintaining the core principles of co-opera-

standards enforced by individual states under multilateral

tion in humanitarian intervention, international peace and

authorization, and it clearly contravenes the legal obliga-

security including a new definition and role for tradition-

tion of governments in dealing with genocide.’

al peacekeeping forces. Even though the UN Convention and its laws on Humanitarian Intervention are universal

Moral Obligations of a State

but their application is not. This is a major challenge in

The decision to intervene for humanitarian reasons is pri-

this development process. As the article points out even

marily based on public opinion, media coverage, the pres-

among the universal documents we can find contradictory

sure on intervening states, international activists, as well

elements that prevents the effectiveness on the field. Hu-

as political interest. The first four can be considered as

manitarian Intervention is not a duty by law, but there is a

generators of human moral actions. However, morality is

possibility that it would receive more political interest if it

undermined by politics in most cases. In order to briefly an-

would became implanted as measure of security.

alyse the moral justification of the Humanitarian Interven-

Moreover, throughout time new actors began to ap-

tion dilemma, the Just War Theory is an accurate example

pear in international politics, that crucially effects global

for this purpose. Even scholars and politicians believes that

political issues. Contemporary politics are characterized

the Just War Doctrine justifies Humanitarian Intervention.

by state and non state actors, media, civil society as well

The main principles are organized around the Jus as Bel-

as multinational cooperations. The United Nations shall

lum and Jus in Bello concept. Peter Hough summarized the

follow these changes via renewed policies in order to act

criteria of the jus war and the morality versus sovereignty

effectively. There are new suggestions regarding the case

dilemma in two points:1. Jus ad bellum (justice in going to

but they are only bringing further dilemmas for United

war): (a) must be waged by a sovereign authority; (b) must

Nations. However, it is also essential to highlight that the

be a just cause for the war; self defense or the enforce-

idea of state sovereignty also changed since the West-

ment of human rights; (c) peaceful means of resolving the

phalia Treaty. Globalization brought states together in

dispute must have been exhausted; (d) must be likely to

order to act for common goals such as global warming

succeed. 2. Jus in bello (justice in the conduct of war): (a)

or the war on terror. Slowly the world is forming into glo-

means used should be proportionate to the wrong being

bal village where organizations similar to the European

rectified; (b) unavoidable killing of non-combatants should

Union are suppressing the original sovereign state rights

be avoided; (c) wounded troops and prisoners of war should

in the aim of developing greater common achievements.

not be killed The moral commitment for Humanitarian In-

States needs to accept the fact, that sovereignty will not

tervention lies within the Doctrine, but political interest

have the same meaning in our shrinking globe.

and state sovereignty challenges the phenomenon.

All in all there is no state right for Humanitarian Intervention. Both the Universal Declaration of Human Rights

Aftermath

as well the Convention on the Protection of Civilian Persons

Unfortunately only following the Rwanda genocide, moral

in Time of War are linked to the jus cogens concept. The di-

principles received a higher position over politics and state

lemma of political interest and sovereign state rights ver-

sovereignty. In 1999, UN Security Council lead by Kofi An-

sus moral obligations remains. Future reaction of Security

nan released an enquiry defining their responsibility for the

Council and the major powers on interfering in conflicts-

failure of the halt of the massacre. Following the apology

even though if it is an intra state political and humanitarian

for the 800,000 Tutsi lives, the inquiry states that the slow

issue – will reflect where does domestic political intentions

reaction was a result of lack of coherence in peacekeeping

locates compared to the moral ‘Responsibility To Protect’

and conflict resolution. Indirectly it can also easily mean

vow in the 21 century. ■ Special Edition 2010 | www.humanamagazin.eu

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40

Right to food in Brazil

author Renata Cavalcanti Muniz Absence of food leads to malnutrition, improper function of the human being, brain deficiencies and death, resulting on the violation of many rights.

Therefore, the function of the State is to provide access to food. This does

means for the developing countries

not mean that the State must distribute food indiscriminately. It means

to be as competitive as developed

that it shall not allow its citizens to be in food insecurity by providing the

countries; the creation of assuranc-

proper infrastructure to guarantee the access to adequate food.

es that farmers earn reasonable in-

A

come; the increase of investments in ccording to the Food and Agriculture Organ-

agriculture; the creation of effective mechanisms to act on

ization (FAO), the definition of food securi-

food emergencies; and the development of policies to help

ty exists when “all people, all times, have

the states to adapt to climate change.

physical, social and economic access to suf-

The first goal of the Millennium Development Goals

ficient safe and nutritious food”. Undernourishment is

is to eradicate poverty and hunger. However, still 10 mil-

also important, which is “the status of persons, whose

lion people die every year of hunger and hunger-related

food intake regularly provides less than their minimal

diseases. The UN created a Special Rapporteur (there-

energy requirements”.

after SR) on the Right to Food to contribute and verify

Recently, Brazilian government amended the National

the promotion of the right among States with two basic

Constitution to include the right to food. This is a progress

goals: the definition of adequate food and the elabora-

towards the implementation of the right, but it does not

tion of cooperation and policies the States should apply

guarantee that the needed will have access to food.

to protect the right to food.

FAO’s report notes that since 1970, more than 1 bil-

The 2009 SP mission to Brazil found progress that

lion people are hungry and undernourished. The increase

resulted from government initiatives such as the prioriti-

of the number of food insecure people results from the

zation of the eradication of hunger. As referred, Brazilian

global food and economic crisis. Food prices increased

government amendment the constitution to include the

with the economic crises and affected all continents si-

right to food. This is the highest level of protection of the

multaneously. Developing countries, more vulnerable to

right. The act creates a biding responsibility to the State

food insecurity, are more integrated to the world market,

of guaranteeing food security through a positive and

thus were more affected by the crisis. The impact caused

negative responsibility: creating infrastructure, mak-

a decrease of employment opportunity and of available

ing food available (positive) and also guaranteeing that

capital to social programs, leading to a scenario of pov-

the population will not be deprived of access to proper

erty and food insecurity.

The total of undernourished people in Brazil, in 2004,

food (negative). In the Human Poverty Index, Brazil rates 43 out of 135. Hunger is extremely related to poverty in

was equivalent to 6% of the population with an increase

Brazil. According to the report of the SR, food insecurity

from 2006 to 2008. Unfortunately, the institutionaliza-

exists in 37.5% of households, in Brazil. He found a gap

tion of Human Rights does not guarantee that the effec-

between the Northern region, and the South, richer, of

tive protection of rights will follow a progressive line.

30%. Food insecurity was found present in households

In 2009, took place, in Rome, the World Summit on Food

with very low income and where the mother had a low

Security, which addressed the means to feed the world pop-

schooling level. Two other groups were very vulnerable,

ulation in 2050 with an estimate global population of more

Afro-Brazilians and women.

the 9 billion people. To achieve that, they established goals

Food security between indigenous peoples is also a

to the States such as the establishment of a more effec-

very sensitive issue. The complexity is higher because it

tive system of governance for food security; the creation of

is a group that usually lacks the information about their

humana special

photo HSL rights and the ways to complain about it. This issue is

land not doing the agrarian reform, the government is

directly connected to the issue of land distribution and

also violating their right to access food. The tax reform is

appropriation, one of the major problems faced by the

called upon, because the system is disturbed in a format

Brazilian government.

where goods and services, as well as social contributions

The government of the recent president Luis Inácio

carry the higher taxes, affecting directly the least favour-

Lula da Silva (LULA) created the program Zero Hunger,

able people. Investment in agriculture is also important

involving all ministries and sublevels, regional and the city

to make sure that small farmers also profit from it and

level. The objective is to combat hunger in Brazil through

are included into the supply chain of agriculture, not to

attacking the structural causes of it. Therefore, it involves

let them fall into a slave-like labor in big farms.

taking action on an agrarian reform, creating job oppor-

The initiative of the government with the public

tunities, providing credit for the needed and improving

schools is a beginning, but more needs to be done. There

access and quality of education. The program is meas-

have been some achievements. According to the report,

ured and monitored by The National Food and Nutritional

“over 1.5 million people out of extreme poverty and 4 mil-

Surveillance System (SISVAN), which is connected to the

lion people out of poverty”. But the challenges are still

Unified Health System (SUS).

there. The vicious structures that do not allow the com-

The Zero Hunger strategy involves also social pro-

pletion of an agrarian reform and of a tax reform still

grams such as the ‘Bolsa Família’, which is a cash-transfer

exist. These are the main structural changes that need

program and the National School Feeding program. Low-

to be completed to provide the protection of the right to

income restaurants, food banks, community kitchens and

food. The amendment to the constitution is a start, but

cisterns are also included in the program. As shown in the

the words must be transformed in actions, not only by

UN report “child malnutrition has been reduced by 73 per

superficial alleviation measures. There is a need for so-

cent between 2002 and 2008 and child deaths by 43 per

cial programs, but as far as the structural problems are

cent.” In 2009, a law was also created to guarantee that

not overcome, they will not solve the problem.

30% of the food acquired to public schools comes from

Fortunately, the right to food is being discussed in the

family farmers. There is, however, a huge challenge to be

international level and States appear to be creating a sense

overcome by the Zero Hunger program, the budget. The

of responsibility towards it. Food security must be under-

program receives 1% of the national budget, while mat-

stood with the debate over the right to food, since produc-

ters for the stabilization of the public debt receive 48%.

tion has to be connected with the capacity to deliver the

The first recommendation made by the SP was the cre-

food for those who need it. To make States aware of their

ation of an independent institution to monitor, promote

responsibility is a way of creating political will in the future

and protect Human Rights in general in the national lev-

for concrete actions. The participation of the civil society in

el. By depriving mostly the indigenous population from

the pressure and in the debate is also essential. ■ Special Edition 2010 | www.humanamagazin.eu

background

42

Women in armed conflict author Nóra Kiss War is a classical men game. The security policy makers, the members of the armed forces are mostly men. The rules of war have and the armed conflicts have changed in the 20 century. While the victims of a classical war were

central government can’t oper-

only soldiers nowadays this number is one third of the victims.

ate, there is no judiciary, border

C

management thus human trafivilian casualties – whose rate is nearly seventy

ficking flourishes and the victims are mostly women.

percent – are especially women and children

The role of women is important in maintaining society

in war zones and in chaos and confusion hu-

especially in war zones. While men almost disappear from

man rights of women are much more damaged

the community women remain. The positive effect is that

than men’s. Women are threatened by the same threats as

when the conflict is over it’s harder to restore the sup-

civilian men, however there are certain gender based forms

pressed status of women in these traditional societies. But

of violence against women. Women are thought to be moth-

on the other hand it is not fair that during peace negotia-

ers, who spread culture, national or ethnic identity symbols

tions the participation rate of women is very low - in the

so mayhem, mass rape, mutilation of women represent the

last two decades on average 6% – so men define peace and

symbolic attack against values. Human rights of women are

development. The question is what view women have on the

infringed so much and so often that dealing with the daily

safety compared to the conventional one, mostly of men: is

routine is also a huge risk. In the province of South Kivu

the allocation of the armed forces really the most impor-

in the Democratic Republic of Congo on average thirty-six

tant? It is generally accepted that the “female view” is about

rapes are reported, which is one thousand cases in a month.

ensuring basic needs like clean water, child protection.

In war zones sexual violence are really cruel, in most cases

Ten years ago, in Resolution 1325 of the UN Security

accompanied by the greatest forms of humiliation, may-

Council it says that for lasting peace it’s necessary to en-

hem or even torture. It often happens that soldiers mass

sure women’s equal participation in peace negotiations,

rape women or young girls on a higher order or to enhance

peacekeeping and reconstruction in war-torn areas. The

their pleasure in their own battle or to break the enemy. In

UN, EU and NATO troupes of Chad, Congo and Kosovo

Rwanda during the genocide around half a million women

have received special training which made the campaigns

were raped in 1994. Not far away from us, in the Balkan war

more effective. It’s a general experience that the commu-

sixty thousand women were raped in the 90’s.

nication and cooperation with the locals are much better

The victims can’t expect protection, health care, and

if there are more women in peacekeeping units.

justice doesn’t provide them with protection but punishes

Many people believe that the 21. c. is the century of

them for adultery, premarital sex, defamation or false tes-

women. The question is that only in the European Union

timony. The crime against them has a huge effect on their

and North American countries or also other areas of the

entire life not only psychologically but also socially. Rape

world? Female victims of war zones know the most about

can cause an eternal stigma especially in a nursemaid’s

their problems so also the way out of it. It’s a statistical

life. The girls who fall pregnant will not be married to

fact that women all over the world spend more of their in-

and the community outcasts them. They are stigmatized,

come to build the future - children’s care, food, education,

socially marginalized and have to live their whole life be-

etc… - than men do. That’s why strengthening the “female

ing exposed to further forms of violence. Therefore they

view” can be the key to the development. It’s important

easily become victims of human trafficking or are more

to break with the stereotype of victims and help women

likely to be forced into prostitution or slavery (in many

to take part in the peacekeeping, reconstruction, devel-

cases armed groups use women as slaves to take care of

opment process on all levels of decision-making. This is

them and satisfy their sexual desires). In areas where the

the only way we can achieve development. ■

humana special

photo Anna Kertész

43

subjective

Budapest - what a wonderful city!

t it b e… if w e l e

author Dávid Dorosz Budapest is the heart of the Danube. Budapest is the typical, ramshackle Eastern European city. These are just two extreme views on our capital.

There is, no doubt, much to develop in Budapest, but the question is how…

A

long-term solution. It is us the people involved, the residents of

s we can see, there is divergent opinion about

Budapest, who need to find the answers.

the city in which one either lives keenly or re-

Dismally, residents didn’t really care about this topic

luctantly. There is no golden mean. Budapest,

over the past years. Decision makers, impassively sip-

or Pest with its maiden name, is absolutely

ping from their coffee, have neglected their demands.

varicoloured. It is fantastic and disappointingly hopeless

Strangely enough, some political initiatives have tak-

at the same time. Personally, I belong to the first group; I

en place that included the introduction of community

am amazed by its atmosphere, its dynamism, and its hid-

budget in city development projects. According to this

den treasures from time to time. Independent of this, I can

long standing Western practice, citizens have the right to

see and experience problems and they really make me sad.

cast their votes directly over financial issues relating to

Shall I list them? Parking, smog, littering, dogs’ poop eve-

their municipalities. This idea could also be extended to

rywhere, and the lack of pleasant public places…

other everyday questions. If it had been so, there would

Very good ideas do come up sometimes, and for

not now be some tension with the new main street in

some inexplicable reasons they come true. Howev-

the fifth district in Budapest’s downtown. Although the

er, these ideas often remain local and other parts of the city do not follow the path. Unfortunately, in Budapest there is no such thing

“All in all, there have been significant im-

as a unified, long-term city development. For

provements in the city, though most of

example, two completely different concepts

them due to the initiatives of the politics-

could be carried out at the two sides of the Great Boulevard. The reason for this is that

stricken civil and economic sectors.”

the 23 Budapest municipalities hardly ever conciliate, but they have a wide scope over issues concerning the capital’s development projects.

street is beautiful, the residents living there make dif-

The solution is, of course, not the termination of lo-

ferent complaints about it.

cal governments, but an overall, city-level cooperation

All in all, there have been significant improvements in

mechanism. It is possible and even necessary to find out

the city, though most of them due to the initiatives of the

what we want to do with the downtown; for example, if

politics-stricken civil and economic sectors. Thinking of ei-

there is a need for a ’quartier latin’ in Budapest where

ther the absolutely unique underground pub movement ad-

the party is not over at 11pm, how more parks can be

mired also by tourists or the sprouting diverse festivals.

set up, and what to do with the currently unreachable

If the civil movement is able to get out of the control

Danube banks. This list goes on and on about Buda-

of decision makers, it is bound to achieve fantastic results.

pest’s future which surely calls out for a standardized,

It is time everybody was aware of this. ■ Special Edition 2010 | www.humanamagazin.eu

subjective

44

Hidden love stories author Edit Gabriel

S

ex is instinct, self-expression and enjoyment,

are different in every U.S. State: somewhere same sex

sexual orientation is not optional. It is what you

marriages are legal, somewhere they accept the mar-

get from life, such as the eye colour, or in what

riages but it isn’t allowed, and there are states where

the family you were born and you need to live

it’s not legal and they don’t accept it. They handle the

with it because no one wants to be unhappy. It is difficult

gay adoptation also different. Everywhere in Europe

to be different, to fight with ourselves, with the instincts

gay relationships aren’t punished but in not every coun-

and with the society to have accepted who we are. The

try are supported and accepted. The Nordic countries

homosexuals, bisexuals or transgenders (from now on

were the first who tried to handle the issue. The world’s

gays) are not worse or better, they are just the same as

first transgender surgery was in Sweden in 1972. The

the others and their love is also the same. They are also

Northern European countries gay relationships are fully

able to love insanely, to be jealous, to spend their whole

adopted and they have the same rights as heterosexu-

life together with one person, or break up. If two adults

als. The social acceptance is very high in these countries.

agree about their relationship it doesn’t matter if they

Homosexuality is as old as mankind, the ancient Greeks

have the same gender.

accepted the “mentoring” relationship between an older

Scientists tried to find the reason for homosexuality for years, why there is a different sexual orientation than heterosexu-

and a younger man. In the 21 century homosexual movements began in the 1940s in the Netherlands, France, Sweden and the USA among oth-

ality, but no one could exactly prove

er countries. These movements are

what can cause it. Some theories

against the hidden lifestyle and are for

saying it’s a change in DNA that

having equal opportunities. Gay people

is responsible, other view is that

don’t want to advertise and distribute

it is more psychological origin, but

homosexual relationships but they want

no one knows for sure. In the past

to love without embarrassment and proud.

they tried to heal it with electric-

Many people say that they don’t have a

ity or with psychiatric treatment

problem with gays as long as they do it

but it wasn’t successful. Nowadays

between their four walls and it shouldn’t

they don’t necessarily consider it

be taken into the “streets”. Sexuality is

as a disease but still there are some

an integral part of human life and it can’t

countries in which they still con-

hang up at an angle before leaving home.

sider it as some kind of evil illness.

In Hungary around 2-10 percentage

The social status of gays is different in every country: there are places where the relation-

of the society is gay. Of course this number can’t be correct because not everyone dares

ships of gays are fully accepted and considered as equal

to admit their sexual orientation because of various

as heterosexual relationship. However, there are still

reasons. From the 1th July of 2009 in Hungary gay can

countries where it counts as a disease, considered as

establish same-sex registered partnerships but this

a crime and is punished in different ways. Lot of the

is not equal to marriage because they can’t take each

African and Asian countries who are sentencing gays

other’s names, can’t adopt and participate in an artifi-

with prison, fines, or death. In they are forced to labor

cial fertilization procedure. The same-sex couples often

camps, while in Nigeria only men are fined. The rules

don’t want to have a registered partnership because

humana special

45

subjective

they want equal rights as heterosexual. The reason is easy: they love the same way like others. The gay questions are still considered as a delicate issue in Hungary. Under the Socialism gays were invisible as well as the unemployed. Two years after the change of the regime in 1992 the first gay parade was announced in Budapest but it wasn’t held because of the lack of interest. The next year the first festival was held with film screening and a walk for the victims of AIDS. After this year there wasn’t any festival for four years but since 1997 there is always a week about the LGBT communities with more and more people every year. The festival is more than walking through some kind of street in Budapest, it’s about films, roundtable discussions and other interesting programs so it’s a cultural festival. Since 2007 there are aggressive

the colleagues don’t know about it. IBM is an exception

and extreme voices next to the gay parade so the police

from the companies because they talk about the topic be-

presence was increased. The media has a huge role in

ing gay and they help to come out as a gay and try to talk

how they spread the picture about the gay parade and

about this topic with the staff. They don’t want to force

festival and sadly there is more about the people who

this discussion and they handle this minority same as the

act eccentric than about the culture.

others. What IBM does is an exemplary spirit for many

A Hungarian survey shows that although the extreme

other Hungarian companies because they don’t judge the

and aggressive views are strong the great majority of the

person about the sexual orientation but they do about

society accepts and acknowledges homosexual relation-

their work and knowledge.

ships. The new up-growing generation will be more nat-

Dora (which is not her real name) works at a small

ural about these relationships and in Hungary perhaps

company says she often feels as an outsider. While her

years later but gays can’t only chose registered partner-

colleagues share their joy of their love life she doesn’t

ships and they won’t be ashamed of who they love.

Today’s Hungarian gays live a hidden lifestyle and they

feel she can do the same. She can’t bring the holiday picture to the office because she is afraid of being

don’t undertake their sexual orientation because they

judged and having a problem or losing her job. “When

are afraid of being stigmatized. Being hidden and fear-

my colleagues asked me about my status I said I’m not

ful makes their life very difficult every day. Their stories

seeing anyone. This was a lie. I don’t share my person-

can’t be complete because like the sexual orientation of

al life with the others. I don’t want anything else just

gays the reaction to that is not written on us. The gays

like they: loving free and share it. It would be great

are often afraid that if they come out and it become ob-

to work at a company where I could talk about myself

vious that they love someone with the same sex their

and my love and where discrimination doesn’t exist

relationships are affected. One of the most difficult situ-

but I can’t know how the others react about this issue.”

ations is in the workplace. In Hungary only a few openly

Maybe soon in Hungary won’t be a taboo topic being gay

“gay” workplaces exist. If at a job interview the topic re-

and gay love. The next generation is more open minded

lationships comes up most of the gays remain silent or

and can handle this topic where it belongs but we need

they say something else than the truth. Since 2003 com-

to talk honestly with them and we can’t be afraid of their

panies can’t be discriminative who they employ but it’s

questions. We can’t turn away if we want for our children

always hard to prove that someone not chosen was. At

a better and a not so aggressive and angry world to live.

almost every company there is someone who is gay but

We should start the change. ■ Special Edition 2010 | www.humanamagazin.eu

culture

46

Human Rights in The Virtual Entertainment

author Sandor Vigh Games are an essential part of our lives. Playing enhances our ability to understand our surroundings and helps us to learn from toddler hood.

We observe our parents and copy their activities into our own life situ-

target audience, painting an incom-

ations. As we become older, we tend to shift the emphasis of this ‘game’

plete picture vis-à-vis the responsi-

towards the personal collected experiences. However, it does not mean

bility in human conflicts.

that we stop playing.

P

‘The player in real time makes decisions, skill and accuracy to test the

recisely, the entertainment industry focuses

game, often acts of wars.’ This is the widely accepted ac-

on this basic human quality. Humans have a

curate definition for action games.

great deal of need for ‘playing’, independently

The so-called first-person perspectives of the action

from sex, age as well as their circumstances. It

games (FPS, First Person Shooter) are very popular. The

represents a particular demand, which the industry tends

main viewpoint provides the player to see the field (as if

to fulfil in every possible way. One of the entertainment

he found the gun) but at the same it donates empathy. The

industry branch is the so-called digital market, namely

events take place in real time. The storyline is mostly lin-

the video games industry. The question is, what did we

ear, the game walks the player ‘through the track‘, grant-

learn from these games?

ing little difference for variation of choices.

The target audience is general-

Battlefield: Digit-

ly young teenagers and adults who do

al Illusions released

not have a specific knowledge in Human

Bad Company in 2008.

Rights. This group of fourteen to twenty-

ESRB classified the

eight considered to be the largest video

game under category

game consumers, regardless nationali-

‘T’ meaning it aims at

ty and gender. They are the most sensi-

Teenagers.

tive and easily influenced by these games based on their experiences.

Video games are grouped in several

T he s tor yline is based upon a fictional war fought between

ways, according to their goals. The best

the United States and

approach is to line them by genres. The

the Russian Federation.

following ought to be highlighted: we can

The players has to face

point out blurs among the boundaries between the styles.

the Russian soldiers, marines also air forces on European

There is hardly a video game these days with clear cate-

lands. The greatest innovation of the game was that the

gories. Unfortunately, in this article there is no opportu-

field is almost completely destructible. This allows the

nity to analyze the genres of video games from all Human

player to fictionally destroy private property without pros-

Rights aspects, but I would like to provide a comprehen-

ecution, even if it is not the main purpose of the game.

sive picture concerning the phenomenon.

Prior to the discussion about some games, let me stress that it is not my intention to judge video games

Raven Software released The Soldier of Fortune in 2000. ESRB classified as ‘M’ (Mature Content). The target audience is young adults (18-25 years), mainly men.

neither their design. The analysis simply draws attention

The main actor’s duty is to stop an African Neo-Nazi

to the shortcomings of these games that may affect the

group from stealing nuclear weapons in order to sell it in

humana special

47

culture

the game, the player can influence other nation’s economy creating manipulations with multinational companies or just simply exploiting the media as a tool for forming public opinion. The direct military intervention (hard power) gives a possibility to destroy the invaded territories. This can even mean entire cities. At the same time the war acA picture from Soldiers of Fortune

companied with a chosen political methods can result in a negative virtual pubic opinion.

a third world. Via this additional income they are able to

The Casual game is planned as summary category for

acquire stronger weapons of mass destruction. The desire

digital entertainment forms. The common elements are

for mass murder on the behalf of the Neo Nazi group (what

easy to be observed: the provision of a quick feeling of

the main character is destined to stop) illustrates Human

success where little intellectual investment is required

Rights violations. The program often includes scenes where

from the player.

Flash games are part of this particular genre. They

hostages as well as civilians are executed.

Another striking element is the protagonist and “STORE,”

mainly apply the possible benefits of Internet usage,

a non-official, paramilitary organization, which is involved

namely Flash animation. The system software created

in secret civilian actions, endangering their own and oth-

by Adobe Software company. It was originally developed

ers’ physical integrity. It is worth noting that the game can

to increase interactive websites. Therefore, anyone, at

turn off the violence in two different ways: One possibility

anytime has access to these experiences, which provide

is via the software setting: turn off the blood and signs of

quick as well as easy games.

violence. Another possibility is that the player destroys the opponents’ weapons , forcing them to surrender.

Thanks to technology, these flash games are simple, requiring a few hours to prepare. Such a game takes only

The so-called 4X (eXplore, eXpand, eXploit, eXtermi-

short period of time on the Internet to wander around the

nate) type of strategy games’ most famous representative

world. Several web portal offers flash games for all audi-

is the Civilization series. The latest part, the 2k Games &

ences. The given example following a one minute search is

Caring Aspyr was put on the market in 2006. According to

Baby Destruction. The game is quite easy to summarize:

the ESRB classification the game falls under ‘E’ (Everyone)

funny, gratuitous violence without any consequences.

category, recommended for everyone. The game is de-

As we can examine the different genres of vid-

signed turn-based, where the aim is to organize

eo games offer a

a civilization. Additionally the previously men-

large diversity of

tioned 4X strategy game focuses on discover-

contrasting situa-

ing, expanding the supplementary playing field,

tions for players,

exploiting the natural resources, continuing to

from

contact and trade with other civilizations. Acting

decisions through

against the enemy in a case of armed conflict is

acts of war to en-

economic

tire (virtual) popu-

another essential goal.

The game offers numerous opportunities

lational issues. The

from a Human Rights perspective. Since the

described Human Rights violations

player is in control over an entire civilization structure, he is able to optionally choose from

Civilization IV

are not always interactive and often

a variety of economic, (mercantilism, free markets, organically) political and social systems (caste sys-

did not appear intentionally. Naturally the games are

tem, feudalism, democracy). The game applies specific

only based on a simplified model of its own set and rules,

numerical provisions for various models. It doesn’t sug-

only forming a certain part of reality. Consequentially,

gest neither judges any single method but as the player

the player will inevitably encounter a situation in a game

is progressing throughout the game, they are forced to

that can result in virtual Human Rights violations. Most

use certain methods if they don’t wish fall behind the

of the time players are not even aware of this, unless

opponents. There is a chance to apply the so called ‘soft

they have a profound knowledge of the Universal Dec-

power’. In this sense, in order to reach a certain goal in

laration of Human Rights. ■ Special Edition 2010 | www.humanamagazin.eu

human

48

Against the current szerző Kertész Anna

Gábor Szendi is a psychologist, thinker, truth seeking critic of the medical sciences. In his new book “Unhappiness and evolution,” published on June 3., he discusses a completely new approach to depression. In the

Take for example a layman: they are

following interview, we discussed professional responsibility, the lobby

not even sure to understand a pro-

interweaving healing and the pharmaceutical industry.

fessional dissertation. Whose duty is it, to make all this accessible for

What do You think the Right to Health means?

anyone interested in the topic?

From a scientific point of view, the Right to Health would

Unfortunately, no such responsibility exists. While dec-

mean, that research findings are published in order for

ades old lies are still with us (e.g. Cholesterol-business),

everyone, but especially experts to decide whether a drug

proprietary science has appeared in the pharmaceuti-

is effective or not. It would also be important to make

cal industry. In the 19th century the ideal of the scientist

these findings accessible. Right now, the slogan of medi-

serving the betterment of mankind was strong, there-

cine is that healing is based on trust, which in fact is a

fore scientific results were public. Albert Szent-Györgyi

cover for treatments based on forged evidence. Unfound-

for example, didn’t want to copyright vitamin C, he said

ed cures have been used countless times – I’m not even

it belongs to everybody. If someone invented something

mentioning psychiatry this time – claiming, that they are

of this volume today, they would copyright it at once and

verified by scientific research. The refuting methods or

become and become incredibly wealthy. I don’t have a

the dangers of drugs are kept secret. In the last twenty

problem with that. The problems start when someone in-

years approximately twenty medicines have been recalled

vests capital in a research, then they get to decide about

from the market because of lethal side effects. In some

the results, whether it gets published fully or just parts

of the cases, it was revealed that the manufacturer knew

of it. For example they manufacture a new drug, examine

about the dangers of these medicines at the time of their

it and they find that it effectively reduces blood pressure,

release. It takes a few years after a medicine’s release for

but increases the risk of heart attacks by five times. In

cases refuting its effectiveness to appear in medical lit-

this case, the manufacturers publish the beneficial ef-

erature and in the meantime, people die.

fects, but keep the malicious effects secret. This is the

The Right to Health also means, that scientific litera-

problem with proprietary science, which could only be

ture has to become clear. I won’t claim that outsiders will

regulated through strict state control. Instead the prac-

start reading these articles, but the possibility would al-

tice today is that he pharmaceutical industry invents a

low responsible professionals and advocacy groups to ad-

drug, they manufacture it, they test it and register it. The

equately inform the public. In my opinion, the restriction

medicine authorities just revise the data, that is, they

of alternative healing both in the EU and in Hungary is a

don’t carry out independent inspections. The regulations

violation of the Right to Health. Regulating the vitamin

for registering a medicine are very similar throughout

market by trying to adjust the daily consumption rate to

the world, if someone wants to register a drug, they

ridiculous limits set in the 1940-50’s is a cruel interven-

have to verify two things. The first are two examinations

tion, since it has been proven that consuming even hun-

proving that the medicine is statistically effective, the

dred times of that amount is harmless for our bodies.

second, which is an achievement of the last few years, is that every clinical research has to be registered. Ear-

While we are at the Right to Health, there is the ques-

lier, most of the unsuccessful research data went into

tion of whose responsibility is it to ensure this right?

the drawers of doctors, this was the so-called drawer

humana special

photo Marianna Sárközy

effect. The registration system is trying to prevent this.

and publish about questionable scientific results and

The root of the problem is that the state has withdrawn

statements in a way, which is comprehensible for out-

itself from medicine development and monitoring. Be-

siders. This is practically absent in Hungary.

cause of this, the pharmaceutical industry and healing have been sold out. About 20-40 percent of the articles

In this respect, the medicinal industry and profession-

verifying the effectiveness of a certain drug or therapy

als are responsible for informing the public.

are estimated to be forgeries. And whoever becomes a

Absolutely. But this isn’t palpable. No one is going to lose

leading expert in the industry whether in Hungary or

sleep over representing the cholesterol hypothesis, or

abroad, has been paid by a medicinal company.

claiming that western nutrition is as good as it gets. This is what they have been taught. And we have to acknowl-

What can help the common men orientate

edge, that science is full of mediocre people. They have

themselves?

been spoon-fed something, which they will belch back

The media clearly doesn’t fulfil this task in Hungary.

for 20-30 years. The medicinal industry has taken over

If we look at large newspapers abroad, e.g. the New

the compulsory doctor’s vocational training, both in Hun-

York Times or The Independent, we can see that their

gary and abroad. During these trainings, trainees don’t

experts, who have been working in this field for years,

receive a critical view or pure science, instead they lis-

write about medicinal literature very responsibly and

ten to advertisements about the effectiveness of various

critically. In these newspapers, it would be hard to im-

drugs from paid men of the medicine industry. This way,

agine, what is common in Hungary, that a psychiatrist

the individual responsibility is lost. The psychologist pro-

wisely declares, that anti-depressants are fantastical-

fession is laying low, it is intimidated. And the psychiatry

ly effective and the journalist sitting next to him writes

profession has been sold out. The more corrupt the psy-

down and publishes all of it uncritically. In Hungary,

chiatry is, the more influence the medicinal industry has

the media greatly misleads people. They shamelessly

in a country. In our little country they did the worst, they

promote the cholesterol hypothesis, the effectiveness

killed psychotherapy. The psychologists have retired to

of anti-depressants, and a whole bunch of medicinal or

family protection centres, to education counselling and

psychiatric misbelieves misleading people. In such an

to private practice, or they switched to research or ad-

adverse situation, there isn’t much the individual can do;

vertising. There are a few men, who in the privacy of their

the medicinal journals are only accessible through paid

bathrooms, disagree with the official views, but they don’t

subscriptions, so individuals receive false and incorrect

dare to voice their opinions or form a group or any way

information, on which they can’t decide. In larger and

communicate their contrary opinion. They are afraid of

more civilized countries, advocacy organizations em-

being excluded, of being fired from their jobs. Such pres-

ploy experts, who read medicinal literature carefully

sure is very strong in Hungary.

Special Edition 2010 | www.humanamagazin.eu

nutrition” and since then, they recommend it to their patients. There is some kind of partisan action in the doctor and psychologist professions, but in Hungary, this can’t be institutionalized. People are afraid.

In Your opinion, are the diseases of our age decided in our brains or in our stomachs?

If we consider diseases of public health proportions and consider the groups of diseases which appeared during the 20th century, or we look at the types of diseases which are common in the civilized world but not in primitive cultures, I have to say the causes lie in our nutrition. I have been dealing with the psychic aspect of cancer, nevertheless I have to say, it is overrated and many abuse it. It is natural that stress affects our immune system and this helps the development of infectious diseases. It is clear, that in the case of cardiovascular diseases stress is one of the factors to be reckoned with, nevertheless, these have negligible effects when compared to nutrition. The medicinal industry is interested in diseases, for which have a medicine, that can be administered throughout a lifetime. They spend billions on a group of medicines, on a treatment, on a fallacy. In practice, this means that if we give someone the wrong treatment, instead of curing them, we make their disease chronic, their condition will worsen, which justifies new treatments. Their healing will cost a fortune, while we spent the same amount on preventing these problems. photo Marianna Sárközy

Which are the most common diseases of our civilization and why?

So who can act, what is there to do to demolish these

The metabolic syndrome actually refers to a complex

myths?

metabolic disorder. The consequences are usually high

As a matter of fact – this is a naïve idea – but it is the

blood pressure, high blood lipid level and cardiovascular

state’s responsibility to create independent institutions,

diseases which are all unknown in primitive cultures. The

if private resources are unable, which would test the ef-

second such disease is diabetes. The third is, surprising-

fectiveness of drugs and methods of treatment. This is a

ly depression. Then there are the autoimmune diseases,

naïve idea, because only those professionals would make

such as type 1 diabetes, multiple sclerosis, thyroid disor-

it to these institutions, who went through the hierarchy

ders, these are also unknown in primitive cultures.

of trainings and titles and by the time they get there, the shifty medicinal industry has bought them five times al-

Could most of these diseases be prevented through

ready. The independent professional has vanished.

Paleolithic nutrition?

Not only prevented, but cured, or at least improved. Of

Have You ever thought about why you became a

course, cardiovascular diseases are proven to be revers-

lone wolf opposed to myth fabricators and their

ible. In this respect, nutrition is similar to the medicinal

followers?

industry: behind western nutrition stands the monster

Here’s the problem: when someone says “Follow me!”,

that is food industry, which is greater even than the me-

but no one does, this is the result. You go on alone and

dicinal industry, you can’t corrode it. The agriculture, the

become a lone wolf. Still, I think I have followers, but they

dairy and meat industry form such a complex, which is

don’t dare to give their names to what I do. I get letters

present in the everyday life of people.

from doctors, that they have read my book “Paleolithic humana special

51

human

Was there ever an area of medical science, where You

I didn’t understand why doctors don’t try psychotherapy

didn’t run up against such myths? We can see huge

first, why they start with anti-depressants, which seem

economic interest behind every topic we mentioned. I

to be ineffective. Then I’ve read Kirsch’s study and start-

can see, that You have tried Yourself in various areas

ed look at these things more critically.

of science and in each case, the basic tenets turn out to be half truths …

Where did You get the inspiration for Your book, “The

That is right, I have to criticize everything I believed in

Rise and splendour of Women”?

earlier, because I only read what is the tip of the iceberg.

Medicine, as well as psychology, share the same prob-

If a writing was published in a medicinal journal, I quot-

lem, they are lacking evolutionary thought. Modern

ed it as an unquestionable truth. This was my naïve pe-

medicine sees man as a complex structure manufac-

riod and in fact it was the “anti-depressant issue” that

tured recently, as if they only had to examine how it

has opened my eyes. I wasn’t unsuspecting before, but

works and how it can be influenced. In contrast, evolu-

I always thought, these were isolated cases. Now I have

tion examines the development of the human body. If

the impression, that if You start scratching the surface,

we look at problems from this point view, we can learn

You’ll soon find out that there’s a forgery underneath.

a lot about man, the nature of human soul and the rela-

This always surprises me.

tionship between the sexes. Of course, these aren’t my inventions. I really wanted to write a book about this

It was never easy, but today perhaps ever harder, be-

topic, it’s not only funny but interesting as well. I have

cause of the previously mentioned economic lobby, to

always been interested in how we really work.

oppose the prevailing paradigm. What motivates You to risk Your professional career by having a critical at-

In every topic, You work using plenty of references and

titude towards sciences?

literature. How are Your books pieced together?

Well, for a lot of people, being honest is a luxury, but in

The way scientific thought works, is that it starts from an

my opinion, a lot of people can’t be anything else. I don’t

idea, a concept, based on data and connections collected

mean to brag, but I couldn’t be anything else. Obviously,

and filtered previously. This forms a guideline, which I fol-

as a child, You can’t be a scientist yet, but You can be a

low and examine every scientific study and article. If I find

seeker of truth. You need certain characteristics when

a study opposing or contradicting the central idea, then

entering the world of science and to put these abilities

I examine and take apart some of the prominent refuta-

into use in search for scientific truth. Just take a look at

tions. The real refutation of a study is, when You can re-

how many of these people could make it through scien-

fute it within the study itself. During this intense creative

tific training, to the point, where they can independently

phase, I collect a lot of things, read and integrate them,

support their families… Most of them get stuck at some

this is how my books take shape.

point, or go into pointless struggles, or they can’t handle it psychologically, they give up, leave the profession, so

How do you decide which literature is trustworthy?

there aren’t many of us left in service of science.

Take the topic of Paleolithic nutrition for example: publishing a statement saying that we have examined 10.000

How do You discover the topics You write about in Your

people and those who died of heart diseases had lower

books?

cholesterol levels than the safety margin - if someone

My book titled “The Depression industry” and the pre-

publishes such an article, you can be sure they don’t have

ceding study, which was published in Mozgó Világ (Mov-

any relating interests and that they are taking risks with

ing World), was triggered by the paper written by Irving

the publication. You can tell the trustworthiness of a study

Kirsch, American placebo researcher, which is a meta-

by looking at whether they are claiming something that

analysis on how anti-depressants are just as effective as

matches mainstream ideas. You should always doubt stud-

placebo. When I read this, it stuck in my mind at once. I

ies, which join in with the choir of mainstream. Of course,

already had some reservations against anti-depressants,

there are correct statements in modern medicine, but You

because at the policlinic, where I have been working, I

should always scratch the surface. If You look at the struc-

found that two months of psychotherapy can cure pa-

ture of scientific revolutions, there is always a “paradigm”,

tients “insensitive” to anti-depressant treatments. This

which seems to explain the known facts and figures. And

started to bother me, why is it that psychiatrists don’t

there are always the ones sticking out from the paradigm,

see, that there is no such things as a panic attack, or if

these are the ones I’m interested in. ■

there is, it’s part of a wider category, such as depression.

Special Edition 2010 | www.humanamagazin.eu

01

Human rights in General

02

The right to life

Armed Conflicts

Refugees, migrants, diasporas 07

The right to health

Economic rights

05

04

03

06

Liveable environment

08

Traditions

09

Rights of generations

Still to come: Rights of sexuality, “Jokes�, Dignity