Though it is overtly against law that children who are put into state care have their ethnic origins documented, in the state childcare system there is still a kind of informal filtering process for children awaiting adoption. During undercover investigations, journalists at the Roma Press Center (RSK) have posed as 'adoptive parents' in two major metropolises and found that officers of local Child Care Services do distinguish between Roma and non-Roma children. Following the RSK's findings, National Ethnic and Minority Rights High Commissioner Jenõ Kaltenbach has also initiated investigations in these cases. (RSK)

In one of the undercover operations conducted, RSK journalists tried to find out what would happen if they requested that their adopted child 'not be Roma' and in the other operation, they asked if they could specifically adopt a Roma child. In both cases, the answer was yes. Although any data referring to a child's origin, in this case Roma ethnicity, can only be recorded if the mother makes a declaration. The reality is that blood parents very rarely do, even if the opportunity arises. Local Child Care Service officers practically admitted that most children are 'determined' Roma by staff members based on their background circumstances, appearance or family name.

The form that future adoptive parents fill out to request a child does not, and cannot, contain any question referring to ethnic origin. However, it was made clear by Local Child Care Service officers that the RSK spoke to, that Roma children are filtered out of the adoption process. 'Now we have to be careful with this because the minority ombudsman is paying attention to it as well. (.) We discover all kind of ways of how we can mark it. They usually write 'white-colored' and we write for Roma kids 'Creole-skinned', (.) for it is obvious from the appearance' - one staff member explained to the RSK.

In one city, RSK journalists asked how it is possible to determine if a child is Roma. The guardianship officer asked, replied 'if eight people say that the child has Roma ethnic origin (.) We don't show the applicants a child just in case they might see him or her differently'. Indicating the child's ethnic origin is against the law unless parents directly request it.

Nobody can peremptorily give the adoptive information concerning this, as both the Law of Security of Data and Minority Law prohibit it. What most disturbs Ombudsman Kaltenbach is that, for this reason, "it can only be the case that two civil servants who did not act in accordance with laws"."Officers who make such distinctions are indeed breaking the law."

Kaltenbach also said it is really hard to tackle the subtle practices that act contrary to the law up to now and general racism supported by administrative tools. He said he thinks there is no need to change current legislation, but it should be seen to that the laws are followed.

"Administrative legislation is not enough, the assistance of propaganda is also needed." Kaltenbach said. 'If prejudice ceased to exist within the Hungarian majority society, they wouldn't mind ethnic differences and ethnic discrimination of children waiting for adoption would also cease to be.'

The Roma Press Center's work on this issue has initiated great interest on the part of the public. The reports created by the RSK have been broadcast on Hungary's two major commercial television channels' evening news. The Roma Press Center's journalists have also recently been interviewed concerning their work on this investigation and the national public television station has invited our staff members as guests for its Sunday evening News Features program.



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