Act 80 of 2007 (Asylum Act) (Hungary)

Article 60 (2) b) of the Asylum Act says "persecution can take the form of gender-based actions" and the explanation of this passage specifies FGM as an example for this: "Gender based violence are particularly: sexual violence, domestic violence, dowry-violence, family planning under force, genital mutilation, punishment due to violating gender norms in a particular country, human trafficking and discrimination based on homosexuality" Also: Article 64 (2) "Depending on the circumstances in the country of origin, those groups too can qualify as a particular social group where the shared characteristic of the group members is their sexual orientation or their gender"

Asylum Provisions

Definition of 'refugee' in asylum law

"Hungary -- in case they lack protection in their country of origin and also in other countries -- provides refugee right at request for those non-Hungarian citizens who are persecuted in their home country or in the country of their regular residence due to their race, nationality, being part of a particular social group, religious or political convictions or their fear of such persecution is well-founded" (Article 14 (3) Constitution). Article 6 (1) of the Asylum Act, which defines the term "refugee" refers to this Article in the Constitution (Article 6 (1) of the Asylum Act was modified in 2011 entering into force on January 1, 2012).

Definition of 'particular social group' and type(s) of persecution addressed

Women might count as a social group depending on the circumstances in the country of origin: Article 64 (2). According to OIN contact person, FGM is treated as gender based violence. Regarding past FGM cases, OIN contact person said that the refugee claims are assessed for the possibility of future persecution, that is, either for future FGM or serious future health consequences. E.g. if it is type III, which has serious health consequences or there is a chance that FGM will be performed again, then they grant the claims. If it is past FGM and it is not type III and there is no likelihood of performing it again in the country of origin, OIN regularly do not grant the asylum claim (at the same time, individual circumstances are considered according to Article 40, and there might be other grounds -- e.g. sexual violence -- based on which the asylum claim is granted).