ANNUAL REPORT OF THE COMMISSIONER FOR EDUCATIONAL RIGHTS ON ACTIVITIES IN THE YEAR 2002

Decree 40/1999. (X. 8.) of the Minister of Education (hereinafter Ojbr.) on the tasks and operation of the Office of the Commissioner for Educational Rights (Oktatási Jogok Miniszteri Biztosa Hivatala) requires us to present an annual report on our activities to the Minister. We think it important to publish this report, so that the public may also be informed about our activities. The Office began functioning on 1 December 1999 and our third report covers the period from 1 January 2002 to 31 December 2002.

INTRODUCTION

One of the challenges faced by the Commissioner for Educational Rights and his young and talented colleagues is whether it is possible to embed a new institution in the Hungarian system of public law, which is unprecedented in Hungary and in Europe as well. One of the peculiar features of ombudsmantype institutions is that they are created by governments to protect its citizens from governmental authorities. A further peculiarity in the context of the Commissioner for Educational Rights is that instead of authorities, his inquiries can be primarily targeted at unlawful decisions and actions of educational institutions providing public education services. As a result, the Commissioner for Educational Rights always stands on the side of the weaker party or parties, protecting them by utilising the tools of law rather than politics. In addition to personal skills, his effectiveness is determined by his independence from politics.

The procedures of the Commissioner for Educational Rights are affected by the different characteristics of the various fields of education. Our activities in the context of enforcing rights in higher education correspond to the classic role of an ombudsman. In these cases, we primarily examine one-time decisions and applications of the law by universities and colleges. It follows from the autonomy of higher education institutions that they have the right to establish their own frame of reference for numerous procedures. Their decisions and actions are usually documented in writing. Thus, with the majority of our inquiries documents are sufficient to form our opinion. When examining cases in primary and secondary education, our actions rather resemble conciliation. Decisions and especially actions in this field and in vocational training are less likely to be documented, their internal rules often mix laws with pedagogy, and are sometimes not compliant with higher-level legislative rules. Therefore, in addition to rectifying a specific violation of the law, we always strive to ensure co-operation between the affected parties, both with respect to the specific issue and in the future.

In order to maintain the trust of participants in education in the institution to which they turn for assistance in the enforcement of their rights, procedures must be unbiased and fair. When investigating a complaint, we always approach the other party before forming our legal opinion, thus making it transparent that all significant components have been considered and analysed. In each case, we strive to make our reasoning easy to understand, even for a citizen who is not conversant with law, while at the same time being well-grounded in law. This can only be achieved when exclusively legal aspects are considered in the course of a procedure and other interests are not allowed to influence our activities.

A characteristic potential for action on the part of ombudsman-type institutions is to draw up initiatives and recommendations. These do not have legal force, meaning that the addressed institutions are not compelled to act upon them. Our procedures must take this into account all along. One of our most important tasks is to generate an open, honest and professionally sound dialogue about the rights of pupils, teachers and parents. The entire process must be geared towards ensuring that the parties accept the initiative or recommendation emerging from the procedure as their own, that they accept the proposed solution - which was formed with their involvement in the course of the reconciliation process - and they implement the same voluntarily, without being forced to do so legally. In 2000 we issued 35 initiatives and recommendations, 51 in 2001 and 41 in 2002. The addressed parties, with two exceptions, accepted our dispositions in 2002.

The problem is not that conflicts arise in educational institutions, but that the opportunity and the will to resolve them are often lacking. In our procedure, special principles - the principles of conciliation in person - have been developed to tackle these situations. Here, the parties affected in the conflict work together, with our help, to identify all relevant circumstances. Our role is to provide the framework for efficient discussion and to clarify the legal background. This conciliation process is organised in such a manner that provides the parties sufficient time to hear each other out. Conciliation in person facilitates the identification of possible forms of remedy in the event of a violation of the law, and thus the parties affected by the conflict can contribute to finding a solution. They are thus involved in the procedure leading to the solution and accept it as their own. We are convinced that this form of conciliation increases the possibilities for voluntary application of the law, since a solution that is reached together can have more permanent results than a decision of an authority enforced by legal means. This civilised and effective form of conflict management may create a demand for similar forums established by the educational institutions themselves. It is apparent from the cases brought before us that in most situations when the law is violated dignity is also injured. We regard the personal conciliation arrangement an effective tool in resolving conflicts, because this allows the parties to close the issue without their dignity being injured. For this reason, we continue to place much emphasis on reaching a situation at the end of our procedures whereby all affected persons feel that it was worth listening to the other party, that it was worth working together to find a solution in compliance with the law, and that it was worth resolving the conflict in a manner which respects the rights of the other party. Exposure to this sort of culture can improve the atmosphere in the institutions as well. In the coming years, we wish to follow the same principles and apply the same values in our activities.

In recent years, we have initiated several sociological surveys whose results we have discussed and will continue to discuss in the future. One survey examined the nature of school conflicts, pointing out deficiencies in legislation and the application of law. In order to be able to assist participants in education resolve their conflicts and prevent violation of the law in the future, we published a booklet in 2002 in co-operation with non-governmental organisations. In this publication we surveyed conflict management techniques that have been used successfully by teachers and pupils. Another study examined the relationship between schools and parents. A third provided us with an overview of the situation of pupils with special needs. In the near future, we hope to put the findings of these surveys on the agenda of professional events, and discuss them with numerous participants and communities in the field of education. With this, we would like to contribute to a better awareness of rights, to avoiding the occurrence of situations in which the law is violated, and to provide assistance in resolving conflicts in a lawful manner. Year 2003 will be the European Year of People with Disabilities. In view of this, we think it would be useful to organise an international conference. The aim of the conference will be to invite local NGOs, families and institutions to organise local events to discuss the problems they face. We are ready to publish a booklet based on the experiences collected in this process and which helps children with special needs, as well as their parents, to learn about their rights and opportunities.

One of our on-going tasks is to make our services known and easily accessible. In addition to publishing our annual report, we regularly issue information about ourselves through the print and electronic media. Several media outlets have published studies, presentations and other informative material about our work, categories of cases and our experience. As of 15 March 2001, we can also be reached via the Internet at www.oktbiztos.hu, in both Hungarian and English. At the site, the most important information can also be found in the languages of the national and ethnic minorities in Hungary. Our annual report is accessible here, as well as information about the events we organise, our staff and contact information. Growing awareness of our web pages and our e-mail address is shown by the fact that in 2000, only five per cent of the complaints were received by e-mail, whereas this figure was close to one-third in 2001, and in 2002 half of the 711 were received electronically. In order to enable blind and vision-impaired participants in education to use our services, a summary of our activities, as well as our reports for 2000 and 2001 have also been published in Braille format. We have continued our tradition of setting up two-day temporary offices two or three times a year at various locations in the country. In 2002, such "open days" were held in Kalocsa and Sopron, with assistance from NGOs in both places. We attend forums to meet teachers, pupils, parents and university and college pupils. During our 'day of complaints', local citizens can come to us directly to present their complaints and ask their questions about education.

To ensure the Office's autonomy and protect the personal data of all those who address us, the complaints we receive are filed in a separate system which can only be accessed by our staff. Mail sent to us is forwarded to us intact by the central mail separating and opening service; and is opened in our institution. The Office is situated at an easily accessible location, on the first floor of the Ministry of Education, somewhat separated from other units of the Ministry. We have eight well-equipped rooms, which makes it possible for complainants to talk to our staff alone, if they wish. The Office is provided with the necessary technical equipment, along with all the conditions for appropriate work. In addition to the Commissioner for Educational Rights, seven officers, with the help of an administrative assistant, are available to hear complaints. One of the officers has a diploma in teaching, three have law diplomas, while three have both. There are no special time slots allocated for consultation - citizens are heard upon previous notification in normal business hours, or beyond, if it seems necessary.

Ever since the start of our operation, we have placed much emphasis on ensuring that the full autonomy of our institution under the law is enforced. In year 2002, some amendments were made to the legal provisions concerning the Commissioner for Educational Rights. Following the change of government, Parliament amended the Public Education Act. One change was that the Commissioner for Educational Rights is now nominated by the Minister's consultative body, the Országos Köznevelési Tanács (OKNT, National Public Education Council). The role of the Minister of Education also changed in this respect, since now he appoints and dismisses the Commissioner for Educational Rights upon the proposal of the OKNT. With this step, the Minister of Education now shares the right of appointment with a council representing professional associations, thus restricting his former freedom of decision-making. We consider this change in the legislation the first step in ensuring wide-ranging autonomy for the Office. Following a procedure of application, the OKNT supported the extension of the mandate of the candidate currently occupying this post, and nominated him for appointment by the Minister. The Minister accepted the proposal and confirmed the Commissioner for Educational Rights in his position. The true winners, however, are pupils, teachers, parents, university and college teachers and students, who deserve a Commissioner with increased strength to assist them in asserting their rights. Whether further guarantees are given to strengthen the autonomy of the Commissioner for Educational Rights depends on the legislators. We provide the necessary experience.

It is an obvious sign of trust that the Commissioner for Educational Rights, who is at the same time the former and current holder of this post, has been allowed to continue his work. It is a common interest that the Office enjoy general trust, as the law can only work satisfactorily under such circumstances. Trust can be built through everyday work and through constant dialogue with all participants in education - an activity which does not and should not involve issues of day-to-day politics. It has, however, a serious democratic message: acceptance of the rule of law.

Content