Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Slovakia (Ratification: 1993)

The Committee notes the Government’s report along with its statement before the Conference Committee on the Application of Standards in June 2006, as well as the Conference Committee’s conclusions.

1. Implementation of legislation on discrimination in employment and occupation. The Committee notes that section 13 of the Labour Code has been amended so as to incorporate the Anti-Discrimination Act of 2004, notably its stipulation on indirect discrimination. The Committee notes the information provided by the Government during the Conference Committee on the enforcement and the practical application of the anti-discrimination legislation. It also notes that the Conference Committee drew the attention of the Government to the need to ensure effective implementation of the legislation and requested it to provide full information on the practical application of the anti-discrimination legislation. In this respect, the Committee notes the information provided by the Government on the judicial decisions, and complaints dealt with by the Slovak National Centre for Human Rights, the Department of Equal Opportunities, the Ombud and the Labour Inspectorate. The Government has also taken measures to implement the Anti-Discrimination Act, such as adopting the action plan for the prevention of all forms of discrimination as well as educational activities and relevant projects. Nevertheless, the Committee notes that the Advisory Committee on the Framework Convention for the Protection of National Minorities in its second opinion on the Slovak Republic (ACFC/OP/II(2005)004) has pointed out that the Anti-Discrimination Act still remains to be fully implemented and improvements are required in the area of monitoring so that the results of governmental policies can be assessed more effectively. The Committee, therefore, hopes that the necessary steps to ensure the full implementation of the legislative framework on non-discrimination are taken as soon as possible. The Committee also asks the Government to monitor comprehensively all the activities and the impact of its policies and legislative measures in the field of non-discrimination in order to enable its own organs as well as this Committee to evaluate the concrete effects of the efforts so far made. The Committee would further appreciate receiving information on the activities carried out under the action plan and their impact, including copies of the surveys, studies and independent reports referred to in the Government’s report.

2. The Committee recalls its previous comments concerning section 8(8) of the Anti-Discrimination Act which provided for the possible adoption of specific positive measures with the aim of addressing disadvantages linked to race or ethnic origin. The Committee notes with concern that the Constitutional Court found this provision not to be in accordance with article 1(1) and article 12(1) and (2) of the Slovak Constitution. In the Court’s view, by not specifying the contents and criteria governing the recognition of these measures, section 8(8) is in breach of the principle of legal certainty. Furthermore, according to the Court’s ruling, such provision would not be compatible with the principle of equality since it would have established preferential treatment for the benefit of certain categories of people on an ethnic basis. The Committee recalls that, pursuant to Article 5(2) of the Convention, special measures may be needed in order to promote effective equality, particularly of persons belonging to national minorities. The Committee asks the Government to indicate the steps taken to secure equality of opportunity and treatment of persons belonging to national minorities. The Committee also asks the Government to keep it informed of any developments and initiatives taken with a view to promoting the adoption of special measures to address past and present discriminatory practices based on race and ethnic origin.

3. Discrimination on the basis of race or national extraction. The Committee recalls that the Conference Committee requested the Government to provide full information on the programmes and initiatives promoting equality in education and employment of the Roma, and also asked the Government to work with the social partners to develop a positive action plan aimed at achieving both formal and substantial equality for the Roma. In this respect, the Committee notes the number of programmes carried out by the Government, including the National Action Plan on Social Inclusion 2004–06 and the Social Development Fund Programme, to combat the social exclusion of the Roma community. It also notes that under these programmes in 2005 about 3,000 jobs were created for the Roma people and an increase by 6,000 jobs had been anticipated for 2006. Furthermore, the Committee notes the Framework agreement on Roma communities, aimed at securing real impact of the demand-driven projects on the improvement of the socio-economic status of the Roma communities, and the Sectoral Operational Programme Human Resources, incorporating provisions regarding the Roma communities’ development. Nonetheless, the overall situation of the Roma minority seems to remain extremely serious and prejudices against persons belonging to Roma communities continue to be reported. In particular, apart from the negative effects on Roma communities of the 2004 reform of the social aid policy, the Committee observes that, according to the abovementioned second opinion on the Slovak Republic by the Advisory Committee on the Framework Convention for the Protection of National Minorities, the measures envisaged by the Government still remain to a large extent to be implemented, and in fact many Roma still face severe difficulties and discrimination in a number of areas, including access to employment and education. Moreover, the Advisory Committee has pointed out that the authorities need more precise data, particularly relating to access to employment, to ensure that policies and measures framed are effectively implemented. The Committee asks the Government to intensify its efforts to promote equality of opportunity and treatment for the Roma communities and to create an environment of tolerance and intercultural dialogue. The Committee also asks the Government to continue to provide information on the programmes and measures taken along with information and data regarding their practical implementation and impact on the Roma communities, as well as data on employment of Roma people.

4. Equality of opportunity and treatment between men and women. The Committee recalls that the Conference Committee requested the Government to provide full information on the implementation and impact of the gender equality programmes, statistical information on the employment and training of women and men and steps taken to ensure sustained follow-up and monitoring of the initiatives taken. It also requested the Government to work with the social partners to develop a positive action plan aimed at achieving both formal and substantive equality for women. The Committee notes with interest the detailed information provided by the Government on the measures and activities carried out with a view to achieving equality of opportunity and treatment for women. It also notes the document “Measures toward reconciliation of family and working life in the year 2006, with outlook until 2010”, and in this context refers to its comments on the Workers with Family Responsibilities Convention, 1981 (No. 156). However, the Committee notes the lack of information as regards the practical effects of these and previous measures taken to facilitate access of women to training and employment. In particular, it notes that according to the Government’s report several employers openly declared a lack of interest in hiring women, either generally or those older than 30 years of age. These cases were referred either to the Slovak National Centre for Human Rights or to labour inspectorates, but the complainants are reported to have been unable to provide any acceptable evidence that could be used as the basis for intervention by the competent authorities. The Committee urges the Government to take steps to increase public awareness with respect to gender discrimination at work and women’s rights in that respect. The Committee also requests that the Government provide information on the results achieved by previous and present projects carried out with respect to discrimination against women in the labour market and facilitating their access to a wider range of training courses and occupations. It further invites the Government to continue providing up to date information on labour market participation, disaggregated by sex, occupation and sector.

The Committee is raising other points in a request directly addressed to the Government.