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Anti-discrimination Law and Practice in Slovakia Lessons Learned

This publication provides an overview of Slovakia's adoption of the Anti-discrimination Act in 2004, highlighting its accomplishments, remaining challenges, key case law, and emerging positive models. It explores the transposition of EU directives on equal treatment and addresses issues such as multiple discrimination and limitations in training for judges and public prosecutors. The text emphasizes the need to strengthen expert capacities, build institutions to curb discrimination, and empower victims through accessible legal aid.

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Anti-discrimination Law and Practice in Slovakia Lessons Learned

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  1. Anti-discrimination Law and Practice in SlovakiaLessons Learned JarmilaLajčáková Centre for the Research of Ethnicity and Culture Bratislava, Slovakia Skopje, 19 February 2019 Working group II Social Policy and Employment

  2. adoption of the Antidiscrimination Act in 2004, main barriers & overview • 15 years looking back – accomplishments • remaining challenges • key case law • emerging positive models • conclusions

  3. Transposition of EU Directives through a single antidiscrimination legislation • 2000/43/EC Racial Equality Directive (race & ethnicity in education, employment, social affairs, health, goods and services), 2000/78/EC, Equal Treatment in Employment (religion or belief, disability, age, sexual orientation) + directives on Gender Equality 76/238/EEC and 86/378/EEC. • major opposition against prohibition on the grounds of sexual orientation • 365/2004 Coll. Act on the Principle of Equal Treatment (Antidiscrimination Act)

  4. Positive action on the grounds of ethnicity– ‘temporary equalizing measures‘-the government in 2004 successfully challenged the provision as unconstitutional with the Slovak Constitutional Court

  5. AntidiscriminationAct 365/2004 Coll., as amended Prohibited grounds: Sex and gender, religion or belief, race, belonging to a national minority or an ethnic group, disabiliy, age, sexual orientation, marital status, skin color, language, political or other beliefs, national or social background, property or other status

  6. TheScope • employment and occupation; • education; • socialprotection, security and socialbenefits; • healthcare; • provision of goods and services, includinghousing.

  7. ProhibitedForms of Discrimination • direct discrimination • indirect discrimination • harassment • sexual harassment • an instruction to discrimination • undue infliction (unfavourable treatment related to filing a complaint, pursuing legal action or providing a testimony in a discrimination case)

  8. Exemptions – pursuing legitimate objectives, proportionate and necessary (pension system, however, not different age of pensions for men and women), temporary equalising measuresspecific exemptions (regulation relevant for non-citizens, army, secret services, fire brigades, religious groups in relations to religious beliefs)

  9. Some of theAdressedIssues • actiopopularis(as of 2008) – a right of a public entity (typically an NGO but also the Equality Body) to pursue litigation against a discriminatory practice that affects a higher or indefinite number of individuals • Definition of shifted burden of proof • temporary equalizing measures (can be adopted municipal and state administration, private entities, NGOs, professional organisations, schools etc)

  10. RemainingChallenges • multiple discrimination; • limits in training of judges - the ability to correctly apply the law especially in relation to the shifted burden of proof; • limits in training of public prosecutors, school and labour inspections to properly recognize discrimination; • institutional protection – the Slovak National Centre for Human Rights – limited powers and capacities; • limited access to legal aid by the victims of discrimination especially those from the disadvantaged background.

  11. Application of theAct in Practice Infringement procedure pursued by the EC against Slovakia for violation of RED in failing to curb segregation of Romani children in education (on going since 2015)

  12. Successfullitigations • Spatial segregation of Romani children (Centre for Civil and Human rights vs. The Elementary School in SarisskeMichalany(2012) • Residential segregation of Roma (Telek case (2018) 8 petitioners vs. Town of Sabinov and the Ministry of Construction) – 12 years of litigation • Discrimination in employment on the grounds of ethnicity (Viera Pompova vs. Spisska Nova Ves (2018) 8 years of litigation

  13. EmergingPositivePracticesCurbingDiscrimination (AffirmativeAction) • municipal firms preferably recruiting disadvantaged job seekers (mostly Roma) • public procurement with social aspects using ESIF • program of Roma health mediators • NGOs activities targeting girls encouraging to study IT, Roma to study economics

  14. Final Comments • systematically train and support expert capacities of judges, public prosecutors, inspectors • build institutions curbing discrimination – equality bodies, school inspectorates, labour inspections • empower victims & provide accessible legal aid for disadvantaged groups

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