European network of legal experts in the non-discrimination field
  • Go to Logo Human European Consultancy
  • Go to the Migration Policy Group

Introduction

The information contained on this page represents the situation as of 1 January 2012 and is a summary of the country report produced by the country expert from the network. The summary can be downloaded here as well.

Contact:
Janka Debreceniova
E-mail: debreceniova@oad.sk

 

Country context

The Slovak Republic is a country of five million people. Apart from Slovak nationals, there are diverse minority groups living in the country. The largest groups are made up of Hungarians (8,5 %) and the Roma minority. The official  number of Roma in the last census (2011) was 105 738 (2%). However, the sociological studies indicate a number of 300,000 – 400,000 or more Roma living in Slovakia. The other minority groups include Czechs, Ukrainians, Croatians, Germans, Poles, Bulgarians, Moravians and Jews. (1)

Main principles and definitions

With the adoption of ADA, definitions of equal treatment and discrimination were introduced into the Slovak legal system. The Act defines direct discrimination, indirect discrimination, harassment, sexual harassment, instruction to discriminate, incitement to discrimination and victimisation.

Enforcing the law

Anyone who considers themselves wronged by a breach of the principle of equal treatment can claim damages against the perpetrator through judicial proceedings. The discriminated person can demand before a civil court (there are no special labour courts) that a person who has breached the principle of equal treatment refrains from such conduct and where possible rectifies the illegal state.

Main legislation

The Slovak Republic isaparty to several international human rights treaties including the International Covenant on Civil and Political Rights, the European Convention on Human Rights,the UN Convention on the Elimination of All Forms of Racial Discriminationand the UN Convention on the Rights of Persons with Disabilities.

Material scope

The principle of equal treatment applies to all areas defined in the EU Directives and overall does not go beyond the scope of the Directives.

In particular, the principle of equal treatment has to be observed in the field of access to employment, occupation and other earning activity or function, including recruitment requirements, selection criteria and methods, vocational training, advanced vocational training and participation in active labour market policy programmes, including vocational guidance services, membership and activity in employees’ organisations, employers’ organisations and in organisations whose members carry outa particular profession, including benefits provided by such organisations, and in the fields of social aid (social services), social insurance, old-age pension insurance, accessory pension insurance, state social support and social advantages, health care, education, goods and services, including housing, provided to the public by legal entities and natural persons – entrepreneurs. In all these fields, discrimination is prohibited on all the grounds listed in the Anti-discrimination Act. The implementation of the Anti-discrimination Act concerns both the private and the public sector.

Equality bodies

The body designated for the promotion of equal treatment is the Slovak National Centre for Human Rights. According to ADA, the Centre is an independent, non-judicial body, subsidised mainly throughthe state budget. The role and tasks of the Centre are quite complex.

Go to the European Commission - Employment, Social Affairs and Equal Opportunities This initiative is financed by the EC Programme Progress. But the views expressed in this website do not necessarily reflect the official views of the EU institutions.