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

Individual Case (CAS) - Discussion: 2006, Publication: 95th ILC session (2006)

A Government representative provided detailed information on the legislative provisions on discrimination and described their implementation through numerous judicial decisions. With regard to questions concerning article 8(8) of the Anti-Discrimination Act, he reported that the Constitutional Court had found that this provision, through the acceptance of special compensatory measures, established positive discrimination of persons in relation to their racial or ethnic origins without defining the scope of these compensatory measures. This lack of legal certainty was found to be unconstitutional. The speaker pointed to a number of bodies that dealt with discrimination complaints, including the Slovak National Centre for Human Rights (SNCHR) and the Department of Equal Opportunities and Anti-Discrimination of the Ministry of Labour, Social Affairs and Family. Gender and age-based complaints had been referred to the SNCHR or to labour inspectorates as well as any complaints on discrimination on the grounds of religion. Allegations of discrimination concerning hiring practices had also been submitted to the ombudsperson. In addition, he provided in great detail the different manners in which further implementation was carried out through social dialogue, through education and the organization of awareness-raising activities.

With respect to discrimination on the basis of race or national extraction, the speaker provided detailed information on different measures taken with respect to the Roma communities. Through these different measures 3,000 jobs had been created for unemployed Roma people in 2005, and 6,000 new employment opportunities were anticipated in 2006. In addition, the Social Development Fund, created in 2004 by the Ministry of Labour, Social Affairs and Family to improve integration of minority groups, had supported numerous projects and support structures for the Roma community. These included, in particular, employment projects, local infrastructure development programmes, and the National Support Structure and European Community Initiatives EQUAL, as well as a special project aiming at developing Roma teacher assistants, paediatrician assistants, and promoting primary education. These measures had led to the creation of numerous jobs for members of the Roma community. The speaker concluded by providing detailed information on gender-based measures, including the project "Gender mainstreaming in the national policy and programmes" funded by the UNDP and the publication of a "Proposal of measures toward reconciliation of family and work life in 2006 with an outlook until 2010" with the objective of supporting the reconciliation of family and working life. The objective of these measures was to combat gender discrimination and discrimination based on family status.

The Employer members expressed their appreciation for the information provided by the Government and stated that this case showed what should happen when a country had ratified a Convention. The Government had in its reply demonstrated that measures had been adopted, which had been recognized by the Committee of Experts in its comments. The legislative measures adopted had been noted with interest, as well as the attempts to harmonize the legal framework. An action plan had been adopted with respect to discrimination based on race as well as on gender.

The Worker members noted the information provided by the Government, stressing that detailed information was still necessary. Indeed, the legislation adopted in 2004 would enhance equality of treatment and extended protection against discrimination in employment since it provided, for the very first time, a global protection against both direct and indirect discrimination in the labour market. Despite this encouraging sign, the legislation would not be effective if it were not accompanied by certain positive measures which would rectify some disadvantages related to race or ethnicity. Nonetheless, these measures remained pending. The Worker members made two additional comments. Firstly, they pointed to the additional discrimination in employment and education that the Roma had been exposed to for years. In this respect, they noted that an act of 2002 provided for them an integration policy while another act of 2004 on disadvantaged categories also concerned them. They doubted whether these texts were comprehensive enough to tackle the problems in practice. Secondly, they highlighted the traditional discrimination between men and women, resulting in women being segregated to "feminized" sectors. In view of the lack of information and statistics on the real employment situation and the effect of these new laws on the access of women and Roma to the labour market, it would be difficult to verify the Government's efforts.

The Worker member of Slovakia welcomed the progress made by the Government, in collaboration with the social partners, in the application of Convention No. 111, and noted that labour relations in Slovakia had much improved in past years. She thanked the Government for its responses to trade union requests. She further noted the measures and programmes adopted to increase the employment opportunities for members of groups particularly exposed to the risk of social exclusion. However, the unemployment rates were still high for all disadvantaged groups, particularly the Roma community, and she requested the Government to pursue active employment policies in this regard. Likewise, she welcomed the measures taken with respect to gender equality and concluded by asking the Government to continue its efforts to ensure equal opportunities in employment and occupation without discrimination for all workers.

The Employer member of Slovakia stated that the Government had fully responded to all information requested by the Committee of Experts. The legislation to ensure the application of the Convention had been adopted and even though problems still existed, they were mainly related to cultural and traditional issues that could be dealt with more successfully through education and promotional measures. With respect to discrimination on the basis of race or national extraction, this was not an issue of inadequate legislation but a problem with deep economic and social roots. He stated that in Slovakia the unemployment rate stood at 17 per cent and that more than 60 per cent of the unemployed were persons with low or no qualifications, many of whom were most likely of Roma extraction. He further stated that this was caused by a social system which did not sufficiently motivate persons to accept jobs, especially low-paid jobs. The speaker thanked the Government for the all reforms currently undertaken and stressed the concern of the employers there was an urgent need to significantly change the social system.

The Government member of the Czech Republic stated that with respect to the information requested by the Committee of Experts on the actual number of Roma jobseekers, it was necessary to point out that the law in Slovakia as well as the Czech Republic was built strictly upon a civic basis, where no differentiation was allowed based upon race or ethnic origin. Both countries gave particular emphasis to this principle in the period after 1989 with constitutional provisions that stipulated that ethnic origin ought not be objectively determined by public authorities. For example, in the Czech Republic, it was the Roma community that strongly supported the idea that employment offices should not be allowed to collect or keep any information on the ethnic origin of jobseekers. This was also the case in Slovakia. Therefore, the information requested by the Committee of Experts could not be provided. She noted the importance of addressing the needs of the most vulnerable groups of workers and stressed the importance of finding solutions through continued focus on programmes based on dialogue and cooperation with the communities in question.

The Government representative thanked the speakers for their comments and ensured them that his Government would continue its efforts to ensure non-discrimination for women and men workers in employment and occupation and promote policies and measures targeting the reintegration of the Roma community into the labour market.

The Employer members stated that they had listened carefully to the measures taken by the Government and agreed with the Worker members on the importance of social dialogue to achieve the goals of the Convention. They encouraged the Government to continue to make progress in its application of the Convention.

The Worker members requested the Government to pursue two objectives: firstly, to elaborate together with the social partners an affirmative action plan for women and the Roma in order to establish real equality in practice; and, secondly, to provide reliable statistical information on the level of activities by men and women and the impact of the measures adopted in respect of training and employment in such a way that any progress achieved could be effectively appreciated.

The Committee noted the statement of the Government representative and the discussion that ensued. The Committee noted with interest the information provided by the Government regarding legislative measures on anti-discrimination, related judicial decisions, complaints procedures and the practical implementation of the anti-discrimination legislation. It also welcomed the wide range of projects and programmes to promote the employability and social and economic integration of the Roma communities, as well as the project on gender mainstreaming in national policies and programmes and the proposed measures on reconciling work and family life.

The Committee drew the Government's attention to the need to ensure that the relevant legislation, programmes and projects were also effectively implemented. The Committee requested the Government to provide full information to the Committee of Experts, particularly with respect to the practical application of the anti-discrimination legislation, the implementation and impact of the gender equality programmes and the programmes and initiatives promoting equality in education and employment of the Roma. This information should indicate the steps taken to ensure sustained follow-up and monitoring, as well as statistical information on the employment and training of women and men, that would allow the Committee of Experts to evaluate the progress made. The Committee also requested the Government to work with the social partners to develop a positive action plan aimed at achieving both formal and substantial equality for Roma and women.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 1(1)(a) of the Convention. Discrimination based on sex. Pregnancy. Noting the absence of information provided with regard to its previous request, the Committee once again asks the Government to step up its efforts to ensure that pregnant women are effectively protected against discrimination in employment and occupation in practice, including through the strengthening of enforcement measures of the relevant legislative provisions by labour inspectors and judges, and the development of awareness-raising of the rights of pregnant women among workers, employers and their respective organizations. The Committee also reiterates its request to the Government to provide information on the number of cases concerning discrimination on the ground of pregnancy in employment and occupation which have been dealt with by the labour inspectorate, the courts, the Ombudsman and the NCHR, as well as the sanctions imposed and remedies granted.

Sexual harassment. In reply to the Committee’s previous comment, the Government indicates, in its report, that the Action Plan on Equality between Women and Men and Equal Opportunities for 2021-2027 contains 3 measures aimed at raising awareness of the public on the issue of harassment, including sexual harassment at the workplace. The Committee notes the Government’s indication that, between 2014 and 2018, the NCHR continuously monitored cases of sexual harassment and bullying of women at workplaces but notes that this monitoring was limited to complaints submitted to the NCHR and to media publications. Recalling that sexual harassment is a serious manifestation of sex discrimination which is prohibited under the Anti-Discrimination Act, 2004, the Committee asks the Government to take proactive measures to effectively prevent and eliminate sexual harassment in employment and occupation, including through awareness-raising of workers, employers and their respective organizations, and to provide information in this regard. It also requests the Committee to provide information on the measures taken to implement the Women and Men Equal Opportunities for 2021-2027, with regard to preventing and addressing sexual harassment in the workplace. The Committee again asks the Government to provide detailed information on:

• (i)the results of the national survey carried out on sexual harassment at the workplace and any follow-up measures adopted in this regard; and
• (ii)the number of cases of sexual harassment that have been dealt with not only by the NCHR, but also by the labour inspectorate, the Ombudsman and the courts, as well as the sanctions imposed and remedies granted.

Articles 2 and 3. Equality of opportunity and treatment for men and women. The Committee notes that, in reply to its previous comment, the Government refers to the Action Plan on Equality between Women and Men and Equal Opportunities (2021-2027) but that it does not provide information on the concrete measures adopted under the Plan to promote gender equality in employment and occupation. The Committee notes, from the EUROSTAT data, that in 2019, the employment rate of women remained at 13 percentage points lower than that of men, as previously noted in 2018. The Committee also notes, from the 2019 concluding observations of the United Nations Committee on Economic, Social and Cultural Rights, the persistence of many barriers to women’s full and equal participation in the workforce, including the horizontal segregation and wage discrimination (E/C.12/SVK/CO/3, 14 November 2019, para. 22). The Committee asks the Government to step up its efforts to promote gender equality, including in management positions, and to address the persistent obstacles faced by women in employment and occupation, such as horizontal and vertical gender segregation in the labour market and gender stereotypes. It asks the Government to provide specific information on the concrete measures taken to this end and the results achieved. It also requests the Government to regularly assess the results and impact of the Action Plan on Equality between Women and Men and Equal Opportunities (2021-2027) and to provide information on any assessment made. Noting that no information is provided in this respect, the Committee again requests the Government to provide updated statistical information on the distribution of men and women in the various economic sectors and occupations, both in the public and private sectors.

Article 3(a). Collaboration with the social partners. With regard to its previous comment, the Committee notes the Government’s statement that the involvement of the social partners is part of the creation of all strategic materials and action plans and that the involvement of all relevant partners in the design, implementation, monitoring and evaluation of gender equality strategies is ensured in particular through the Gender Equality Committee, which acts as an inter-ministerial body in the field of gender equality and cooperates with ministries and other central state administration bodies. To this end, social partners have voting rights within the Gender Equality Committee. The Committee takes note of this information.

Enforcement. In reply to the Committee’s previous request, the Government states that in 2020, the National Labour Inspectorate received 252 submissions for breach of the principle of equal treatment and discrimination on various grounds out of a total of 6,527. The Government also indicates that 27 violations were detected by labour inspection services with regard to the rules on equal treatment in employment relations. The Committee takes notes of the Government’s indication that there has been an improvement in registration of cases of discrimination by courts and subsequent collection of data for statistical purposes and its disclosure to the public. Since 1 January 2019, courts have an option to choose “anti-discrimination case” as a type of court proceedings and can also record the ground of discrimination of the case. However, the Committee notes that the Government does not provide information on the number of discrimination cases dealt with by the courts. Welcoming the improvements in the collection of data regarding discrimination-related cases, the Committee asks the Government to provide information on the number of discrimination cases in employment that have been dealt with by the labour inspectorate, the courts, the Ombudsman and the NCHR, while specifying the ground of discrimination alleged, the sanctions imposed and the remedies granted. Noting the absence of information provided in this regard, the Committee once again asks the Government to provide information on the Labour Inspection Methodology which the Government was elaborating with the objective to detect and address discrimination in employment and occupation.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 1 and 2 of the Convention. Discrimination on the basis of race or national extraction in education, vocational training, employment and occupation. Roma. For more than 15 years, the Committee has been referring to the discrimination faced by the members of the Roma Community and their difficulties in integrating into the labour market. The Committee notes, from the Government’s report, the adoption of the Strategy for the Integration of Roma until 2030 (“the 2030 Strategy”). The Government indicates that “employment” is one of the four priority areas of the 2030 Strategy, and that sub-objective 4 aims to “reduce discrimination in the labour market and other forms of anti-Roma racism”. The Committee notes that Action Plans for the period 2022–24 are to be adopted under the 2030 Strategy, including awareness-raising programmes for employees and employers on diversity in the workplace and the creation of counselling structures to assist with the identification and subsequent reporting of discrimination in the labour market. The Committee notes, from the Government’s report on the application of the Workers With Family Responsibilities Convention, 1981 (No. 156), that the new Recovery and Resilience Plan aims to support and fund early care services for marginalized Roma communities to strengthen equality between women and men, and to develop the reading literacy and parental skills of mothers, with the aim of increasing mothers’ self-confidence and commitment to the labour market after parental leave. However, the Committee notes with regret that, despite its numerous requests to assess the results of the existing programmes and to communicate the results of this assessment, the Government’s report provides no information on this point. In this regard, the Committee refers to its 2012 General Survey on the fundamental Conventions, paragraph 858. The Committee also notes with regret the Government’s statement that statistical information as well as data on cases of discrimination are not available. The Committee recalls that appropriate data and statistics are crucial to determine the nature, extent and causes of discrimination, including against Roma, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures, and to make any necessary adjustments (see the 2012 General Survey on the fundamental Conventions, paragraph 891). The Committee asks the Government to take the necessary steps to ensure that the results and impact of the actions and programmes implemented, including within the framework of the action plans to the Strategy for the Integration of Roma up to 2030 and the Recovery and Resilience Plan, are assessed, and asks the Government to communicate the results of this assessment. The Committee also asks the Government to continue to take proactive measures to ensure that acts of discrimination against Roma people in employment and occupation are effectively prevented and eliminated, including through active awareness-raising addressing stereotypes and prejudices, and to provide information on the Action Plans adopted under the 2030 Strategy. Noting the lack of information provided in this regard, the Committee once again strongly urges the Government to bring an end to the segregation of Roma pupils in schools. It asks the Government to provide information on: (i) the steps taken to end the above-mentioned segregation of Roma pupils in schools (and the results thereof); (ii) the steps taken or envisaged to obtain statistical information, disaggregated by sex, on the labour market situation of Roma people; and (iii) any discrimination cases dealt with by the labour inspectorate, the Ombudsperson or the courts, or other competent authorities, as well as the sanctions imposed and remedies granted.

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

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 1(1)(a) of the Convention. Discrimination based on sex. Pregnancy. The Committee previously noted that the National Centre for Human Rights (NCHR) referred to a rising tendency of discrimination on the basis of pregnancy, especially by terminating the employment relationship during the trial period, and requested the Government to take the necessary steps to ensure effective protection of pregnant women in employment and occupation. The Committee takes note of the Government’s repeated indication, in its report that adequate protection is granted to pregnant women by the Labour Code. The Government adds that a public information campaign was undertaken by the Ministry of Labour, Social Affairs and Family with relevant stakeholders and media to raise awareness about protection of pregnant women at work. The Committee asks the Government to step up its efforts to ensure that pregnant women are effectively protected against discrimination in employment and occupation in practice, including through the strengthening of enforcement measures of the relevant legislative provisions by labour inspectors and judges, and the development of awareness-raising of the rights of pregnant women among workers, employers and their respective organizations. The Committee also asks the Government to provide information on the number of cases concerning discrimination on the ground of pregnancy in employment and occupation which have been dealt with by the labour inspectorate, the courts, the Ombudsman and the NCHR, as well as the sanctions imposed and remedies granted.

Sexual harassment. The Committee previously referred to the high incidence of sexual harassment of women in the workplace and requested the Government to provide information on the number of cases concerning sexual harassment that have been dealt with by the labour inspectorate, the courts, and the NCHR, as well as any educational programmes in this regard. It notes the Government’s statement that, in 2016, the NCHR dealt only with one case of sexual harassment, in which legal assistance was given to the victim. The Committee also notes from the National Report “Beijing +25” to UN Women (June 2019), which was prepared by the Department of Gender Equality and Equal Opportunities of the Ministry of Labour, Social Affairs and Family, that the Ministry is preparing a nationwide survey of the occurrence of sexual harassment at the workplace. Recalling that sexual harassment is a serious manifestation of sex discrimination which is prohibited under the Anti-Discrimination Act, 2004, the Committee asks the Government to provide information on any proactive measures taken or envisaged to effectively prevent and eliminate sexual harassment in employment and occupation, including through awareness-raising of workers, employers and their respective organizations, as well as on their impact. The Committee asks the Government to provide detailed information on the results of the national survey carried out on sexual harassment at the workplace and any follow-up measures adopted in this regard. It also asks the Government to continue to provide information on the number of cases concerning sexual harassment that have been dealt with not only by the NCHR, but also by the labour inspectorate, the Ombudsman and the courts, as well as on the sanctions imposed and remedies granted.

Articles 2 and 3. Equality of opportunity and treatment for men and women. In its previous comments, the Committee noted that despite the adoption of the National Strategy for Gender Equality (2009–13) and its Action Plan (2010–13), women were still facing strong gender stereotypes, vertical and horizontal gender segregation, inequalities in the level of wages, and unbalanced share of family responsibilities. The Committee takes note of the new Strategy for Gender Equality (2014–19) and its Action Plan which set as specific targets the strengthening of the economic independence of women and overcoming of wage differentials, including through active labour market policies and temporary positive action measures. The Government states that some actions have already been implemented in 2015 and 2016, to ensure balanced representation of women and men in managing positions in the public and private sectors. The Committee however notes, from the statistics of Eurostat, that the number of women managers decreased from 2016 to 2018, while a reverse trend is observed for men, with women representing only 32.3 per cent of managers in 2018 (compared to 35.3 per cent in 2016). The number of women employed as clerical support workers increased over the same period, with women representing 73.4 per cent of such workers in 2018. The employment rate of women increased from 55.9 per cent in 2015 to 61.2 per cent in 2018; it however remains 12.7 percentage points lower than that of men (73.9 per cent in 2018). The Committee asks the Government to intensify its efforts to promote gender equality, including in management positions, and to address the persistent obstacles faced by women in employment and occupation, such as horizontal and vertical gender segregation in the labour market and gender stereotypes, and to provide specific information on the concrete measures taken to this end and the results achieved. It also asks the Government to provide information on any assessment made of the results and impact of the Strategy for Gender Equality (2014–19) and its Action Plan. The Committee asks the Government to provide updated statistical information on the distribution of men and women in the various economic sectors and occupations, both in the public and private sectors.

Article 3(a). Collaboration with the social partners. Referring to its previous comments concerning the results achieved by the Memorandum on Cooperation with the Confederation of Trade Unions of the Slovak Republic for the Implementation of Gender Equality, the Committee notes the Government’s general indication that the Memorandum resulted in the adoption of the Action Plan of the Confederation of Trade Unions of the Slovak Republic for 2010–12. This led to a series of activities held by the Government in collaboration with the social partners on gender equality. The Government adds that the Economic and Social Council is responsible for approving all legislative amendments and policy proposals on gender equality before being forwarded to the Government for approval or to the Parliament for adoption. The Committee, however, notes that the European Commission recently highlighted the lack of constant and systemic dialogue between the Government and trade unions as regards non-discrimination (European Commission, Country report on non-discrimination, 2018, p. 12). The Committee asks the Government to provide information on the content of the activities undertaken in collaboration with the social partners with a view to promoting equality of opportunity and treatment in employment and occupation, including within the framework of the Economic and Social Council and as a result of the Memorandum on Cooperation with the Confederation of Trade Unions of the Slovak Republic for the Implementation of Gender Equality.

Enforcement. The Committee notes the Government’s statement that in 2016, the National Labour Inspectorate requested regional labour inspectorates to carry out systematic inspection focused on equal treatment in employment and occupation. As a result, 157 violations were detected of which 39 referred to equal treatment, the most common violation being the absence of information provided to employees on the equal treatment legislative provisions. The Government adds that 143 complaints concerning violation of equal treatment provisions by employers were dealt with by the labour inspectorate. The Committee also notes that, in its 2017 annual report, the NCHR indicated that 58 complaints alleging discrimination in employment were received. It also notes from the National Report “Beijing +25” that the preparation of the Methodology for Labour Inspectorates to ensure effective monitoring of cases of discrimination is under way. The Committee notes that the European Commission expressed concern at the lack of proper knowledge of anti-discrimination legislation by legal professionals including those in decision-making positions, as well as at the fact that existing case law shows that courts are fairly reluctant to award financial compensation at all for non-pecuniary damage in cases of discrimination and, further, when such compensation is awarded, the sums are hardly effective, proportionate or dissuasive (European Commission, Country report on non-discrimination, 2018, pp. 10 and 145). The Committee encourages the Government to take steps to raise the awareness and understanding of the principles of non-discrimination and equality among labour inspectors, judges and any other enforcement authorities, with a view to ensure that they are monitored during labour inspections and that preventive measures are taken, dissuasive sanctions imposed and appropriate remedies granted in cases of discrimination. The Committee asks the Government to provide information on the above-mentioned Labour Inspection Methodology aimed at detecting and addressing discrimination in employment and occupation. It also asks the Government to continue to provide information on the number of discrimination cases in employment that have been dealt with by the labour inspectorate, the courts, the Ombudsman and the NCHR, while specifying the ground of discrimination alleged, the sanctions imposed and the remedies granted.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 1 and 2 of the Convention. Discrimination on the basis of race or national extraction in education, vocational training, employment and occupation. Roma. For more than 15 years, the Committee has been referring to the discrimination faced by the members of the Roma Community and their difficulties in integrating into the labour market. The Committee notes the Government’s indication, in its report, that with a view to improving the situation of Roma pupils, several programmes have been adopted within the framework of the Strategy for the Integration of Roma, as updated to 2020, focusing more particularly on: (i) enhancing access to pre-school education for Roma children, including through the building of new education facilities, an increased number of education assistants and the introduction of a career coach to help them in their choice of secondary school; and (ii) reducing the number of Roma children placed in “special” schools, as a result of new legislation on the diagnosis of the mental capacity of children. In the context of addressing unemployment, other measures have also been adopted with a view to: (i) combating long-term unemployment, in the context of the new Action Plan for the Strengthening of Integration of the Long-term Unemployed, adopted in November 2016, which will also benefit members of the Roma community; and (ii) promoting social inclusion and the employment of Roma people, through community centres and field social work, as a result of two projects which started in March 2017. The Government states that information will be provided on the outcomes of these projects once available. The Committee notes that as a result of resolution No. 25/2019 of 17 January 2019, updated actions plans of the Strategy for the Integration of Roma were adopted for 2019–20, in particular in the areas of education and employment, with targeted actions on pre-school education and increased funding for education of Roma children in primary school. Concerning employment, the Committee notes that an action plan provides for: (i) awareness-raising activities on the situation of members of the Roma community in employment; (ii) improved enforceability of anti-discrimination legislation; and (iii) a survey planned for the second half of 2019 on existing barriers to Roma entry into the labour market. The Government also refers to the adoption of Act No. 336/2015 on Support to the Least Developed Districts of the Slovak Republic, which enables the Government to adopt action plans specifically tailored to the needs of the least developed regions and provide them with additional financial resources. Noting the Government’s statement that it is not in a position to provide the statistical information requested by the Committee as such information is not available, the Committee notes that, as recently highlighted by the European Commission, the collection of data about Roma population has been planned under the project “Monitoring and Evaluation of Inclusive Policies and their Impact on Marginalized Roma Communities” for 2016–22, coordinated by the Ministry of Interior and funded by the European Social Fund (European Commission, Report on non-discrimination, 2018, page 53). It also notes that, in its 2018 concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) expressed concern: (i) at the lack of comprehensive information provided by the Government on the socio-economic status of Roma, which limits the effective monitoring of the different programmes and strategies adopted by the Government; and (ii) about the insufficient resources allocated for the effective implementation of the National Strategy for Roma Inclusion which is also negatively affected by challenges in terms of coordination between national, regional and local authorities (CERD/C/SVK/CO/11-12, 12 January 2018, paragraphs 5 and 17). The Committee further notes with concern, the persistent, widespread and systemic discrimination and segregation affecting Roma children in the education system, as noted by several European and international bodies which recommended that all forms of discriminatory practices against Roma, in particular in access to education and employment, be brought to an end (E/C.12/SVK/CO/3, 18 October 2019, paragraph 50; A/HRC/41/13, 16 April 2019, paragraph 121; CERD/C/SVK/CO/11-12, paragraph 25; and European Commission, Country report on non-discrimination, 2018, page 145). The Committee strongly urges the Government to bring an end to the segregation of Roma pupils in schools and asks the Government to provide information on the steps taken to this end and the results thereof. With regard to the discrimination and segregation faced by Roma pupils, the Committee asks in particular that the Government take the necessary steps to ensure that the results and impact of the actions and programmes implemented, including within the framework of the action plans to the Strategy for the Integration of Roma up to 2020, are assessed and asks the Government to communicate the results of this assessment. The Committee further asks the Government to continue to take proactive measures to ensure that acts of discrimination against Roma people in employment and occupation are effectively prevented and eliminated, including through active awareness-raising addressing stereotypes and prejudices, and to provide information on the results of the survey on existing barriers to Roma entry into the labour market. The Committee also asks the Government to provide information on any discrimination cases dealt with by the labour inspectorate, the Ombudsperson or the courts, or other competent authorities, as well as the penalties imposed and remedies granted. Finally, recalling that collecting and analysing appropriate data and statistics are crucial in determining the nature, extent and causes of discrimination against Roma people and the setting of priorities and the designing of appropriate measures and to the monitoring and evaluation of the impact of such measures, the Committee hopes that the Government will soon be in a position to provide updated statistical information, disaggregated by sex, on the labour market situation of Roma people.

General observation of 2018. With regard to the above issues and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population. The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

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

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 1(1)(a) of the Convention. Sex discrimination. With respect to the issue of discrimination of women on the basis of pregnancy previously raised by the National Centre for Human Rights (NCHR), the Committee notes the Government’s explanations regarding the applicable legal framework. Noting however that the issue raised relates to the practice by some employers to terminate employment due to pregnancy, the Committee requests the Government to take the necessary steps to ensure that pregnant women are effectively protected against discrimination in employment in practice, including through the strengthening of enforcement measures by labour inspectors and judges and the development of awareness raising of the rights of pregnant women among workers, employers and their respective organizations. The Government is requested to provide information on the steps taken in this regard.

Sexual harassment. The Committee notes that the United Nations Committee on Economic, Social and Cultural Rights expressed concern, in its concluding observations, regarding “the very high incidence of sexual harassment, usually of women”, and recommended the effective enforcement of the laws on sexual harassment and the adoption of additional preventive and protective measures to combat the sexual harassment of women in the workplace (E.C12/SVK/CO/2, 8 June 2012, paragraph 16). The Committee reiterates its request to the Government to provide information on the number of cases concerning sexual harassment that have been dealt with by the labour inspectorate, the courts, and the NCHR, as well as any educational programmes that have been undertaken to raise awareness among workers and employers, and their organizations, about this form of sex discrimination in employment and occupation.

Article 2. Equality of opportunity and treatment between men and women. The Committee recalls its previous comments regarding the adoption and the goals of the National Strategy for Gender Equality (2009–13) and its Action Plan (2010–13), and the obstacles faced by women in employment and occupation, such as the persistence of strong gender stereotypes, gender segregation in the field of education, inequalities in the level of wages, and unbalanced share of family responsibilities and childcare between men and women. The Committee welcomes the amendment of section 8(a) the Anti-Discrimination Act, 2004 by Act No. 32/2013 Coll. of 5 February 2013 which now enables public administration bodies and legal entities, including employers, to adopt temporary compensatory measures to eliminate disadvantages due to gender or sex. According to the Government, the goals of the Action Plan have been partly transformed into some measures, in particular with a view to supporting employers taking measures to reconcile work and family responsibilities. The Government also indicates in its report on the Equal Remuneration Convention, 1951 (No. 100), that a large information and awareness raising campaign on gender equality, carried out within the national project of the Institute for Gender Equality took place in 2014. The Government indicates, however, that women are still confronted with both horizontal and vertical occupational segregation, representing 60 per cent of the public administration staff, 41 per cent of workers in the private sector and half of the number of men in managing positions. According to the Eurostat Labour Force Survey, in 2011, the employment rate of women was 52.7 per cent (66.7 per cent for men), of which only 5.5 per cent worked part time. In addition, the statistics provided by the Government show that horizontal gender segregation in the labour market is quite significant. The Committee requests the Government to intensify its efforts to promote gender equality, including in managing positions, and to overcome the persistent obstacles faced by women in employment and occupation, such as gender segregation in the labour market, and to provide specific information on the concrete measures taken and the results achieved. The Committee also requests the Government to provide information on the assessment of the impact of the Strategy for Gender Equality (2009–13) as well as information on the adoption of any new strategy for 2014 and beyond. Please continue to provide statistical information on the distribution of men and women in the various economic sectors and occupations, in the public and private sectors.

Article 3(a). Collaboration with the social partners. Recalling the Memorandum on Cooperation with the Confederation of Trade Unions of the Slovak Republic for the Implementation of Gender Equality, the Committee asks the Government to provide information on its effective implementation and the results achieved. The Committee also requests the Government to provide information on the activities of the Economic and Social Council mentioned by the Government specifically concerning discrimination and equality issues in employment.

Enforcement. The Committee welcomes the Government’s indications that extensive training on detecting discrimination during labour inspections was provided to labour inspectors in 2013 and a project on “Improving the implementation of the gender equality principle on the labour market” was carried out in cooperation with labour inspectors. The Committee encourages the Government to continue to take steps to raise the awareness and understanding of the principles of non-discrimination and equality among labour inspectors and any other enforcement authorities. The Committee requests the Government to take steps to improve awareness of and access to procedures and remedies in cases of discrimination in employment and occupation, and invites the Government to examine whether the applicable substantive and procedural provisions, in practice, allow claims to be brought successfully. Please also provide information on the number, nature and outcome of employment discrimination cases that have been dealt with by the labour inspectorate and the courts as well as through conciliation proceedings and mediation.

Specialized bodies. The Committee notes, in its concluding observations, that the United Nations Committee on the Elimination of Racial Discrimination (CERD) regrets the lack of adequate financial and human resources to empower the National Centre for Human Rights (NCHR) with the necessary means to disseminate the Anti-Discrimination Act and to assist victims of racial discrimination (CERD/C/SVK/CO/9-10, 17 April 2013, paragraph 15). The Committee understands that the Public Defender of Rights (Ombudsman) and the Government Council for Human Rights, National Minorities and Gender Equality also deal with the issue of discrimination and equality in employment and occupation. The Committee requests the Government to ensure that the NCHR, the Ombudsman and the Government Council for Human Rights, National Minorities and Gender Equality and its specialized committees have the necessary means and resources to secure observance of national policy (including legislation) in the field of equality and non-discrimination in employment and occupation. The Committee requests the Government to provide specific information on the monitoring and promotional activities in the field of non-discrimination and equality in employment and occupation carried out by these bodies and detailed information on any complaints of discrimination that they have dealt with. The Committee also requests the Government to indicate if, and how, coordination between these bodies is ensured and whether, and how, they collaborate with the labour inspectorate.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 1 and 2 of the Convention. Discrimination against the Roma. For a number of years, the Committee has been referring to the discrimination in education and employment against members of the Roma Community and the difficulties they face in integration into the labour market. In this respect, the Committee notes the concern expressed by the United Nations Committee on the Elimination of Racial Discrimination (CERD) regarding the continued stigmatization of, and discrimination against Roma and their ongoing precarious socio-economic situation, as well as the continued de facto segregation of Roma children in education, including their over representation in “special” classes and “special” schools for children with intellectual disabilities (CERD/C/SVK/CO/9-10, 17 April 2013, paragraphs 10 and 11). The European Commission against Racism and Intolerance (ECRI) also refers in its 2014 report to the limited access of Roma to employment due to inter alia poor access to education resulting in lower qualifications, poor support in job search by labour offices, the non-suitability of vocational training programmes and the lack of regular access to microcredit (CRI(2014)37, 19 June 2014, paragraphs 92–94). The Committee welcomes the adoption in January 2012 of the Strategy for the Integration of Roma up to 2020, which addresses the challenges associated with the social inclusion of Roma in the fields of education, employment, non-discrimination, health, housing and financial inclusion, with particular focus on marginalized Roma communities. The Committee notes the Government’s acknowledgment in the strategy that more attention should be paid to the issue of non-discrimination. The Government also states that “public opinion polls suggest that Roma are subjected to discrimination more frequently than the majority population and cases of suspected discrimination are not reported and addressed by the respective authorities”. The Committee further notes that the strategy aims to improve access to quality education, including pre-school facilities, and to remove school segregation of Roma children, as well as to improve access to work opportunities, including through the improvement of occupational qualifications and relations between the Roma community and labour offices. The Committee considers that it is difficult to assess the progress made in the employment and education situation of Roma in employment and education because of the absence in the Government’s report of relevant data and of an assessment of the results of past policies on Roma, such as the Medium-term Concept of the Development of the Roma National Minority in the Slovak Republic (2008–13). The Committee requests the Government to provide information on the measures taken to assess the extent of and to effectively address school segregation with respect to Roma children, including their placement in “special” schools for children with mental disabilities, and to promote their participation in education and training at the various levels, including pre-school facilities. The Committee also requests the Government to provide specific information on the practical measures taken to implement the Strategy for the Integration of Roma up to 2020, including measures to provide effective and targeted assistance to the victims of discrimination due to their ethnicity. Please provide information on the impact of these measures on the situation of Roma in education, training and employment, as well as recent statistical data, disaggregated by sex, on the socio-economic situation of Roma.

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

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Promoting and monitoring of anti-discrimination legislation and policy framework. The Committee notes that the Department of Gender Equality and Equal Opportunities organizes a competition every year, the “Employer Friendly to Family, Gender Equality and Equal Opportunities” award, in order to promote the rights of women workers and of reconciliation of family, working and personal life. The Committee also notes that in 2009 the Department of Gender Equality and Equal Opportunities participated in the preparation of the national project: “The Institute of Gender Equality”. The Committee recalls the establishment in 2008 of the Council of the Government for Gender Equality which constitutes an advisory, coordinating, consultative and initiative body for the implementation of the principle of equality between men and women, and notes the Government’s indication that focal points for gender equality at individual ministries are members of the Executive Committee of the Council. In this connection, the Committee points out the indication given by the Government to the Seventh Council of Europe Conference of Ministers responsible for Equality between Women and Men, that the effectiveness of their work is not sufficient (Seventh Council of Europe, Conference of Ministers responsible for Equality between Women and Men, 7 May 2010, page 4). With regard to the activities of the Slovak National Centre for Human Rights (NCHR), which is entrusted with the monitoring of the Anti Discrimination Act, the Committee notes the report of this equality body underlining the lack of understanding of discriminatory behaviour and their identification thereof in workplaces (NCHR, Report on the observance of human rights including the observance of the principle of equal treatment in the Slovak Republic for the year 2009, page 162). The Committee asks the Government to provide information on the measures taken or envisaged to strengthen the monitoring activities of the Council for Gender Equality and the focal points of its Executive Committee, with a view to achieving gender equality. It also asks the Government to provide information on the steps taken or envisaged to raise awareness and understanding of the anti-discrimination and equality legislation in force as well as of remedies available. Please also continue to provide information on the results of monitoring and implementation activities of the equality bodies regarding discrimination in employment and occupation, and any information taken in the implementation of the action plan for the prevention of all forms of discrimination, racism and xenophobia for 2006–08.

Article 1(1)(a) of the Convention. Sex discrimination. The Committee notes from the information provided in the NCHR’s report on the observance of human rights for the year 2009, the rising tendency of discrimination against women in the labour market on the grounds of pregnancy, especially by terminating the employment relationship during the trial period (ibid., p. 145). The Committee asks the Government to provide information on the measures taken or envisaged to address employment discrimination of women on the grounds of pregnancy. It also reiterates its previous request inviting the Government to extend the application of section 65 of Act No. 461/2003 to men having left the labour market for reasons of child rearing, and to provide information in this regard.

Sexual harassment. The Committee notes that section 2(a)(5) of the Anti Discrimination Act defines sexual harassment as “verbal, non-verbal or physical conduct of a sexual nature whose intention or consequence is or may be a violation of a person’s dignity and which creates an intimidating, degrading, disrespectful, hostile or offensive environment”; thus encompassing both quid pro quo and hostile environment harassment. The Committee asks the Government to provide information on the number of cases concerning sexual harassment that have been dealt with by the labour inspectorate, the courts, the NCHR, as well as any educational programmes that have been undertaken to raise awareness among workers and employers, and their organizations, about this form of sex discrimination in employment and occupation.

Article 1(2). Inherent requirements of the job – Religion and sex. In the absence of information concerning the matter, the Committee once again asks the Government for information on any steps taken or envisaged to monitor the application of section 8(2) of the Anti-Discrimination Act so as to ensure that, in practice, it is strictly limited to particular jobs based on the inherent requirements thereof.

Articles 1 and 3. Equality of opportunity and treatment in the public service. The Committee notes the Government’s indication that the Public Defender of Rights (Ombudsman) is an independent body which protects the basic rights and freedoms of persons against illegal acts or omission committed by the public administration. The Committee asks the Government to provide further information on the measures taken by the Ombudsman to promote the principle of equal opportunity and treatment in the civil service. It also asks the Government to provide information on any discrimination complaints registered by the labour inspectorate, and cases brought before administrative or judicial decisions regarding the application of the Anti-Discrimination Act or the Civil Service Act in the public sector.

Article 3(a). Cooperation with the social partners. The Committee notes the Government’s indication that a Commission for Gender Equality has been established within the Confederation of Trade Unions of the Slovak Republic with the aim of promoting equal opportunities between men and women in the context of collective bargaining. The Committee also notes the adoption of a Memorandum of Cooperation with the Confederation of Trade Unions for the implementation of gender equality and the reduction of the gender pay gap at all levels of competence of the signatories of the Memorandum. The Committee asks the Government to provide information on the activities undertaken or envisaged by the Commission for Gender Equality with a view to promoting equality of opportunity and treatment in employment and occupation, as well as further information on the application of the Memorandum of Cooperation.

Enforcement. The Committee recalls the Government’s statement that the labour inspection services faced particular difficulties with respect to proving the existence of indirect discrimination. The Committee asks the Government to provide information on the concrete measures taken or envisaged to address the difficulties encountered by the labour inspection services in the investigation of complaints related to indirect discrimination in employment and occupation, including any information on measures to raise their knowledge and understanding of the principle of the Convention. The Committee also asks the Government to take the necessary steps to provide training for judges and other relevant officials concerning the prohibition of discrimination in employment and occupation, as provided by the Convention. Please also provide information on the number, nature and outcome of employment discrimination cases that have been dealt with by the labour inspectorate, the courts, the NCHR, as well as through conciliation proceedings and mediation.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Discrimination on the basis of race and national extraction. The Committee notes the different measures and programmes taken under the Medium-term Concept of the Development of the Roma National Minority in the Slovak Republic (2008–13) to address the difficulties encountered by the Roma in employment and education. It particularly notes the launching of social enterprises as an important tool for improving employment opportunities of the long-term unemployed Roma, and that a programme has been developed by the Plenipotentiary Government Office for Roma Communities to address the lack of education of Roma children. However, the Committee notes the Government’s indication that the Roma continue to be affected by unemployment and discrimination in the labour market because of their lack of qualifications; and that the educational situation of Roma children remains problematic, in particular, with regard to the fact that a considerable number continue to be placed in “special” schools. In this connection, the Committee recalls that section 8(a) of the Anti-Discrimination Act, 2004, as amended by Act No. 85/2008, provides for temporary compensatory measures to eliminate forms of social and economic inequalities or disadvantage faced by persons belonging to vulnerable groups; and notes that no information has been given by the Government relating to such measures concerning Roma in employment and education. However, the Committee considers that such positive measures could assist in addressing the de facto inequalities affecting members of minority groups, including the Roma, thus giving effect to the national policy referred to in Article 2 of the Convention (see General Survey of 1996 on equality in employment and occupation, paragraph 73). The Committee also notes that, according to the Medium-term Concept of the Development of the Roma National Minority in the Slovak Republic (2008–13), comprehensive statistical data disaggregated by ethnicity must be made available in order to assess results under the Medium-term Concept. The Committee considers that such information is crucial for assessing progress and ensuring effective monitoring of the measures taken with respect to employment and occupation.

The Committee notes that the Advisory Committee on the Framework Convention for the protection of national minorities was informed by the Slovak National Centre for Human Rights (NCHR) that the majority of complaints received on the ground of ethnicity are lodged by persons belonging to the Roma minority, which is particularly affected by discrimination in the labour market regarding recruitment procedures (Council of Europe, ACFC/OP/III(2010)004, 18 January 2011, paragraph 41). In light of the above, the Committee urges the Government to increase its efforts to address the continuing discrimination faced by the Roma in employment and occupation, and particularly asks the Government to:

• (i) provide information on any temporary compensatory measures taken aimed at eliminating social and economic inequalities or disadvantage faced by the Roma population, pursuant to section 8(a) of the Anti Discrimination Act, as well as information on the steps taken to raise awareness and understanding of the concept and objectives of such measures;
• (ii) provide information on the steps taken to promote the participation of the Roma, on an equal footing with other parts of the population, in education and training at the various levels, including any positive measures to address the segregation of Roma children into “special” schools;
• (iii) take the necessary steps, in the context of the Medium-term Concept of the Development of the Roma National Minority in the Slovak Republic, to gather statistical information on the situation of Roma in employment and education;
• (iv) continue to provide information on the results achieved in realizing the objectives and obtaining the targets set out in the Medium-term Concept of the Development of the Roma National Minority in the Slovak Republic, as well as on any other achievements regarding policies aimed at eliminating discrimination against Roma in employment and education.

Equality of opportunity and treatment between men and women. The Committee notes from the Government’s report that the National Strategy for Gender Equality (2009–13) was adopted on 8 April 2009 by Resolution No. 272. The Strategy indicates that it constitutes the foundation for decision-making at all levels and formulates basic targets and goals for the achievement of gender equality. The basic objective is to create an environment, effective mechanisms, tools and methods for the implementation of gender equality in all areas of society. In this regard, the Committee particularly notes the following means to be used to achieve this objective: the adoption of legislative and non-legislative measures; the creation of a system of analytical, monitoring and control mechanisms to systematically determine the effectiveness and efficiency of adopted measures; the promotion of information and awareness of gender equality issues; and the elimination of gender stereotyping. The Committee also notes the adoption in 2010 of the National Action Plan for Gender Equality (2010–13) by Resolution No. 316, which is the implementation document of the National Strategy for Gender Equality. The Action Plan sets specific tasks and provides for systematic activities with a view to promoting the development and implementation of the basic objective of the National Strategy. The Committee further notes from the Government’s report that the Minister of Labour, Social Affairs and Family, in cooperation with other responsible ministers and organizations, is to submit summary reports annually on improvements made in the area of gender equality.

While welcoming these initiatives, the Committee notes from the information provided in the National Action Plan that some obstacles continue to hinder equality of treatment and opportunities between men and women: gender equality is not considered as a priority issue to be addressed in the public administration; and the inadequacy of staff and administrative capacity necessary to carry out gender analysis and evaluate the impact of the proposed measures related to gender. The Committee also notes from the information provided by the Government to the Seventh Council of Europe Conference of Ministers responsible for Equality between Women and Men, that strong gender stereotypes persist, particularly causing gender imbalances in decision-making, gender segregation in the field of education which is thus transferred to the labour market, inequalities in the level of wages, and unbalanced share of family responsibilities and childcare between men and women (Seventh Council of Europe Conference of Ministers responsible for Equality between Women and Men, 7 May 2010, page 6). The Committee encourages the Government to continue to take steps to overcome the obstacles faced by women in employment and occupation, and to provide information on the following:

• (i) the concrete measures taken or envisaged to implement the National Strategy for Gender Equality (2009–13) and the National Action Plan for Gender Equality (2010–13), including measures promoting women’s access to a wider range of training and jobs, and the results achieved;
• (ii) the concrete steps taken to increase public awareness regarding gender discrimination in the labour market, as well as information on any steps taken or envisaged to increase awareness and understanding on gender equality in the public administration; and
• (iii) updated statistics on the distribution of men and women in the various economic sectors and occupations, in the public and private sectors, as well as the last summary report on gender equality.

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

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Monitoring of anti-discrimination legislation and policy framework. Recalling its previous observation on the need for adequate monitoring of the legislative and policy framework on non-discrimination, the Committee notes that the Anti-Discrimination Act 2004 was amended by Act No. 85/2008, effective as of 1 April 2008. Additional avenues for redress were introduced, namely conciliation proceedings and mediation, which according to the Government, should lead to prompter and more effective resolution of discrimination cases. Furthermore, new competencies have been granted to the Slovak National Centre for Human Rights (NCHR), such as conducting independent surveys and preparing and publishing independent reports and recommendations on issues related to discrimination. The Committee further notes that with a view to strengthening the implementation of the Anti-Discrimination Act, new administrative structures responsible for promoting and monitoring of gender equality and equal opportunities have been established. The Committee notes that the newly established Department of Gender Equality and Equal Opportunities has a separate unit to monitor equal opportunities in all operational programmes for the period 2007–13. In addition, the NCHR and the labour inspectorate have intensified their monitoring in the area of discrimination. Welcoming the recent improvements in the area of monitoring, with a view to assessing results achieved, the Committee asks the Government to provide information on the results of the monitoring activities. The Committee also asks the Government to undertake a comprehensive impact assessment of the legislative and policy measures, including the Action plan for the prevention of all forms of discrimination, racism and xenophobia for 2006–08, to address discrimination in the labour market, and to report on the progress made. Please also supply information on the activities undertaken by the NCHR and other equality bodies on discrimination in employment and occupation.

Article 1, paragraph 1(a), of the Convention. Sex discrimination – retirement age. With respect to its previous comments concerning different retirement ages for men and women permitted under the Anti-Discrimination Act, the Committee notes the Government’s explanations that Act No. 461/2003 on social insurance, as amended, provides the possibility for men and women to retire at 62 years of age. However, pursuant to section 65 of the Act, during a transition period from 2004 to 2014 account is taken of the number of children reared by women adding the relevant number of months assigned to the woman’s age so as to equalize retirement ages by 2014. The Committee notes this provision and draws the attention of the Government to the important role and responsibility of both the father and the mother in child rearing. The Committee invites the Government to consider extending the application of section 65 of Act No. 461/2003 also to men having left the labour market for reasons of child rearing.

Sexual harassment. The Committee notes from the Government’s report that following Act No. 85/2008, Coll., amending the Anti-Discrimination Act, 2004, section 2(a)(5) of the Act defines and prohibits sexual harassment at work. The Committee asks the Government to provide information on the number of cases concerning sexual harassment that have been dealt with by the labour inspectorate, the courts, the NCHR, as well as any educational programmes that have been undertaken to raise awareness among workers and employers, and their organizations, about this form of sex discrimination in the workplace. Please also provide a copy of Act No. 85/2008, Coll.

Article 1, paragraph 2. Inherent requirements of the job – religion and sex. With respect to section 8(2) of the Anti-Discrimination Act allowing different treatment on the basis of sex or religion by registered churches, religious societies and other legal entities whose activities are based on religion or belief, the Committee notes the Government’s explanation that this concerns persons specifically performing activities of the clergy. The Committee invites the Government to monitor the application of section 8(2) of the Anti-Discrimination Act so as to ensure that, in practice, it is strictly limited to particular jobs based on the inherent requirements thereof.

Articles 1 and 3. Equality of opportunity and treatment in the public service. The Committee notes that during the reporting period, the labour inspectorate did not register any complaints concerning non-compliance with the principle of equality of opportunity and treatment in the civil service. The Committee asks the Government to continue to report on any discrimination complaints registered by the labour inspectorate or brought under the Anti‑Discrimination Act or Civil Service Act, including any relevant administrative or judicial decisions. Please also provide up to date statistics, disaggregated by sex, on the employees in various occupations and sectors of employment in the public service.

Enforcement. The Committee notes that in 2007 the labour inspectorate found 33 complaints alleging discrimination in labour relations to be well‑founded. Nine of those related to unequal treatment with respect to access to jobs or termination of employment. Labour inspection activities particularly focusing on non-compliance with the Anti-Discrimination Act found an additional 23 cases. The Committee also notes the Government’s statement that the labour inspection services face particular difficulties with respect to proving the existence of indirect discrimination. The Committee asks the Government to continue to provide information on the number, nature and outcome of employment discrimination cases that have been dealt with by the labour inspectorate, the courts, the NCHR, as well as through conciliation proceedings and mediation.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Discrimination on the basis of race and national extraction. The Committee recalls its previous observation in which it noted the Constitutional Court’s ruling regarding the unconstitutionality of section 8(8) of the Anti‑Discrimination Act 2004 which provided for specific positive measures aimed at addressing disadvantages linked to race and ethnic origin. It also recalls that the various measures and programmes envisaged by the Government to promote equality in education and employment of persons belonging to the Roma community remained to a large extent unimplemented. The Committee notes from the Government’s report that following amendment of the Anti-Discrimination Act 2004, by Act No. 85/2008, effective 1 April 2008, section 8a provides for “the adoption of temporary compensatory measures by state administrative bodies targeted to eliminate forms of social and economic disadvantages and disadvantages arising due to age or disability, with the aim to ensure equality of opportunities in practice”. The Committee notes that such measures could include measures “(a) consisting of the promotion of the interests of members of disadvantaged groups in employment, education, culture, health care and services; and (b) ensuring the equality in access to employment and education especially through targeted preparation programs for members of disadvantaged groups or through dissemination of information on these programmes or on possibilities to apply for jobs or places in the system of education”. The Committee further notes the Government’s statement that the “Basic propositions of the Government policy concept for the integration of the Roma communities (2003)” is the guiding policy document for addressing Roma issues, which is to be implemented by 2010 and which provides for special temporary measures for social inclusion of the Roma. The Government also approved, in March 2008, the “Medium-term Concept of the Development of the Roma National Minority in the Slovak Republic – Solidarity – Integrity – Inclusion for 2008–13”. However, without further information on the actual follow-up to these policy documents, and on the results achieved so far, it is difficult for the Committee to evaluate whether real progress has been made in promoting equality of opportunity and treatment in employment and occupation for persons belonging to the Roma national minority. The Committee therefore urges the Government to make serious and concerted efforts with respect to their implementation of the various policy documents regarding social inclusion of the Roma population. In this context, the Committee asks the Government as follows:

(i)    to provide information on any special temporary measures taken aimed at eliminating social and economic disadvantages faced by the Roma population with a view to achieving equality in practice, pursuant to section 8a of the Anti-Discrimination Act; and

(ii)   to indicate the results achieved in obtaining the targets set for 2010 by the basic policy document of 2003 with respect to access to employment and education, and in implementing the policy document for social inclusion of the Roma for 2008–13.

Noting further that no cases concerning race or ethnic discrimination in employment have been dealt with by the courts or the National Centre for Human Rights, the Committee asks the Government to take appropriate measures, in cooperation with workers’ and employers’ organizations, to increase the awareness and accessibility of available protection and remedies, and to provide information on the steps taken to this end.

Equality of opportunity and treatment between men and women. In its previous observation, the Committee urged the Government to take steps to increase public awareness with respect to gender discrimination, and to provide information on the specific impact of the various projects carried out with respect to discrimination against women in the labour market, and to promote their access to training and particular occupations. The Committee notes the information provided by the Government on the new administrative structures set up to promote equality, such as the Permanent Committee on Gender Equality and Equal Opportunities. The Committee also notes the new legislative provisions in the Labour Code and Act No. 5/2005 on employment services, as amended in 2007, to assist workers in reconciling work and family responsibilities and to prevent exclusion of disadvantaged groups in employment, such as mothers with children, from the labour market and promote their integration. The Committee further notes the very general reference in the Government’s report to projects and campaigns that have been carried out to raise awareness about discrimination. While welcoming these initiatives, the Committee notes that the Government’s report does not contain any information regarding specific activities undertaken to raise public awareness on gender discrimination, or on the specific impact of the measures taken to address gender discrimination in the labour market and promote women’s access to training and employment, as requested in its previous observation. The Committee once again urges the Government to take concrete steps to increase public awareness with respect to gender discrimination in the labour market, and report on the results achieved. It also urges the Government to undertake an impact assessment of its previous and present projects to address sex discrimination in employment and occupation, and to promote women’s access to a wider range of training and jobs, and to report on the progress made in this regard. Please also provide up to date statistics, disaggregated by sex, on the participation of men and women in employment and particular occupations and training courses.

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

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

1. Article 1(1) (a) of the Convention. Discrimination on the basis of sex. The Committee recalls its previous comments regarding the different retirement ages for men and women which under the Anti-Discrimination Act are not deemed to be discriminatory. The Committee again expresses its concern that such a provision may indeed be discriminatory against either men or women and, therefore, reiterates its request that the Government indicate the reasons for this provision and whether the different retirement ages would be optional or compulsory.

2. Article 1(2). Inherent requirements of the job – religion and sex. The Committee refers to its previous comments on section 1, paragraph 8(2), of the Anti-Discrimination Act, under which different treatment on the basis of sex or religion by registered churches, religious societies and other legal entities, whose activities are based on religion or belief, is not held to be discriminatory when relating to employment by or to carrying out activities for such organizations. The Committee requests the Government to provide information on the practical implementation of this provision, including information on judicial decisions. The Committee also recommends that the provision referred to above be interpreted strictly, in line with the Convention and limited solely to particular jobs based on the inherent requirements thereof.

3. Articles 1 and 3. Equality of opportunity and treatment in the public service. The Committee recalls its previous comments on equality of opportunity and treatment in the public service. The Committee again asks the Government to provide information on the implementation of section 3, paragraphs 2 to 4 of Act 312/2001 Coll. on Civil Service, as amended by the Anti-Discrimination Act of 2004, including any discrimination claims brought under the Civil Service Act or the Anti-Discrimination Act, and relevant judicial or administrative decisions.

4. Enforcement. The Committee notes that, according to the Government’s report, the Slovak National Centre for Human Rights has so far played a significant role with respect to monitoring compliance with the principle of equal treatment, as enshrined in the Anti-Discrimination Act of 2004. It also notes the role of the Ombudsperson, the Department of Equal Opportunities and the labour inspectorates in implementing and enforcing the anti-discrimination legislation. The Committee invites the Government to continue to provide information on the activities of the Slovak National Centre for Human Rights as well as the other bodies charged with enforcing non-discrimination legislation. Please also provide copies of the expert opinions as well as of any other documents prepared by the Slovak National Centre for Human Rights.

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

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.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Article 1(1)(a) of the Convention. Discrimination on the basis of sex. The Committee notes that section 1, paragraph 8(7)(b), of the Anti-Discrimination Act of 2004 provides that objectively justified differences in treatment shall not be deemed to constitute discrimination where they consist of fixing different retirement ages for men and women. Being concerned that such a measure may constitute discriminatory conduct against either men or women or deny full equality of opportunity and treatment in employment and occupation, the Committee asks the Government to indicate in its next report the reasons for this measure, and to indicate whether the different retirement age would be optional or compulsory.

2. Discrimination on the basis of national extraction. With respect to its previous comments regarding the terms "national minorities" and "ethnic groups", the Committee notes the Government’s statement that, following the non-discrimination provisions in the Labour Code and the adoption of the Anti-Discrimination Act (2004), the rights of all citizens are guaranteed irrespective of whether he or she is a member of a national minority or ethnic group.

3. Article 1(2). Inherent requirements of the job - religion and sex. The Committee notes that section 1, paragraph 8(2), of the Anti-Discrimination Act provides that different treatment on the basis of sex or religion by registered churches, religious societies and other legal entities whose activities are based on religion or belief, shall not be discrimination where they are related to employment by or to carrying out activities for such organizations. The Committee hopes that the exceptions listed in section 1(8)(2) of the Act will be applied in accordance with the Convention, interpreted restrictively and limited to matters related to the inherent requirements of the job. It invites the Government to provide information on the practical implementation of this provision, including information on judicial decisions.

4. Articles 1 to 3. Equality of opportunity and treatment in the public service. Further to its observation and with reference to its previous direct request regarding the application of the principle of the Convention to the civil service, the Committee notes with interest that section 3, paragraphs 2 to 4 of Act 312/2001 Coll. on Civil Service, as amended by the Anti-Discrimination Act of 2004, now guarantees comprehensive protection against discrimination in the civil service on all the grounds set forth in Article 1(1)(a) of the Convention. It further notes that section 3 of the Civil Service Act specifically states that civil servants can claim legal protection provided for in the Anti-Discrimination Act. Please provide information on the implementation of these provisions, including any discrimination claims brought under the Civil Service Act or the Anti-Discrimination Act, and relevant judicial or administrative decisions.

5. Enforcement. The Committee notes that, following the adoption of the Anti-Discrimination Act, the Slovak National Centre for Human Rights shall monitor, review compliance with the principle of equal treatment under the Act, prepare expert opinions upon the request of natural persons or legal entities or on its own initiative, and has the ability to represent parties in court proceedings. Please provide information on the specific monitoring and representation activities of the Centre as well as information on the number and nature of the complaints received by it concerning compliance with the principle of equality of treatment in employment and occupation on the grounds set forth in the Convention.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Legislative measures to address discrimination in employment and occupation. The Committee notes with interest the adoption of Act No. 365/2004 Coll. on Equal Treatment in Some Areas and on Protection Against Discrimination and Amending and Supplementing Certain Acts (the Anti-Discrimination Act). The Act prohibits and defines direct and indirect discrimination and harassment, protects against victimization and incitement or instructions to discrimination, and provides for the adoption of measures for the protection against discrimination. More specifically, the Act prohibits discrimination on the grounds of sex, religion or belief, racial, national or ethnic origin, disability, age and sexual orientation with respect to access to employment and occupation and other gainful activities, including recruitment and selection, conditions of work, including remuneration, promotion and dismissal, access to vocational training and guidance, professional upgrading and participation in labour market policy programmes, and membership in employers’ and workers’ organizations. The Committee further notes with interest that, in order to harmonize the legal framework, the Anti-Discrimination Act directly amends other Acts, including Act No. 311/2001 Coll. the Labour Code, Act No. 312/2001 Coll. on the Civil Service, Act No. 73/1998 Coll. on the Police Force, Act No. 315/2001 Coll. on Fire and Rescue Service and Act No. 5/2004 Coll. on Employment Services. As such, the Act introduces for the first time comprehensive protections against direct and indirect discrimination in employment and occupation in both the public and private sectors on the abovementioned grounds as well as the additional grounds of "marital status, family status, skin colour, language, political or other conviction, trade union activity, national or social origin, property, lineage or other status". The Committee further notes that section 8(8) of the Act provides for specific positive action to prevent disadvantages linked to racial or ethnic origin. However, according to the report of the Slovak National Centre for Human Rights of 2004, the Government has contested the constitutionality of this provision and a decision of the Constitutional Court is still pending. The Committee asks the Government to provide information on the implementation of the Anti-Discrimination Act and the non-discrimination provisions in the abovementioned Acts, as amended, including relevant judicial and administrative decisions, and to keep it informed of the decision of the Constitutional Court concerning section 8(8) of the Act.

2. Discrimination on the basis of race or national extraction. In it previous observation, the Committee expressed concern over the discrimination in employment and education of the Roma community and the serious problems related to their integration in the labour market. It had requested the Government to provide full information on the measures taken to improve their situation and to promote respect, tolerance and understanding between the Roma communities and the other parts of the population. The Committee notes with interest the adoption of a National Action Plan on Social Exclusion 2002-06, which includes a comprehensive approach to tackling exclusion of the Roma communities. It notes in this respect, that the Integration Policy for Roma Communities (2003) comprises a set of short-, medium- and long-term solutions and concrete steps to support the inclusion of the Roma communities in the areas of education, employment, welfare, housing, health, human rights and culture; with respect to employment, programmes under the "Sectoral Operational Programme - Human Resources" primarily focus on creating equal opportunities for Roma in the labour market, with an emphasis on women, in the areas of skills development, job creation and alternative employment services. With respect to access to employment, the Committee notes the information in the Government’s report that, by virtue of Act No. 5/2004 V Coll. on Employment Services, measures have been taken to increase the employability of disadvantaged jobseeker groups, which could include members of the Roma communities if they meet the characteristics of those groups. The Committee requests the Government to indicate, in its next report, the number of men and women jobseekers from Roma communities who have entered or re-entered the labour market as a result of the measures taken under the Employment Services Act, and to provide information on the extent to which the abovementioned programmes have increased the skills and employment of the Roma men and women. Please also continue to provide full information on the efforts made to promote equality of opportunity and treatment and to eliminate discrimination against members of the Roma community, including measures to promote respect, tolerance and understanding between the Roma communities and the other parts of the population.

3. Equality of opportunity and treatment between men and women. In its previous comments, the Committee noted the overemphasis on legislative protection and cultural promotion of traditional roles of women. It also noted the Government’s recognition that the labour market was highly segregated, that women continued to be concentrated in the health-care and education sectors and that their educational and qualification potential was not utilized. The Committee notes that the statistics provided by the Government for the years 2002 and 2003 continue to confirm this trend, but that the Government is taking measures to improve the situation of women in the labour market. It notes in particular that the "Sectoral Operational Programme - Human Resources" and its measure 2.2 "Elimination of barriers which prevent equality between men and women in the labour market, with emphasis on reconciliation of work and family life" will be used as a tool to eliminate discrimination in the labour market. The Government indicates that these and other projects are expected to address the low remuneration of women, the feminization of certain sectors, the phenomenon of the "glass ceiling", the under-representation of women in the business sphere, the traditional occupational segregation into so-called typically female and male occupations, and obstacles to harmonizing work and family. The Committee welcomes these initiatives and requests the Government to provide further details in its next report on the results achieved, as well as how effective they have been to facilitate access of women to a wide range of occupational training and employment opportunities and to reduce discrimination against women in the labour market. Please also continue to provide information on labour market participation, disaggregated by sex, occupation and sector.

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

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

1. Further to its observation, the Committee notes the entry into force of Act No. 312/2001 on the civil service and Act No. 313/2001 on the Public Service. The Committee requests the Government to indicate in which way the two Acts ensure that the principle of equality of opportunity and treatment are respected and promoted in the sectors of employment which they cover.

2. The Committee notes the explanations given by the Government concerning the terms "national minorities" and "ethnic groups" for whom certain rights are provided under articles 33 and 34 of the Constitution. According to the Government the term "national minority" used in article 33 is a group of inhabitants, part of another nation, which is a minority in the State in respect of the state-forming nation (e.g. the Hungarian minority). The term "ethnic minority" applies to groups of persons which have a "common origin, individual cultural features (particularly language), mentality, tradition and, possibly, separate manners of life". As an example for an ethnic group, the Government refers to the Roma. The Government is requested to confirm that no distinction is made, in law and practice, in respect of the enjoyment of minority rights between "national minorities" and "ethnic groups".

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report and the communication concerning the application of the Convention submitted by the International Confederation of Free Trade Unions (ICFTU) on 16 November 2001 alleging the existence, in practice, of discrimination in employment and occupation on the basis of sex and race.

1. Discrimination on the basis of race or national extraction. In its comments, the ICFTU states that unemployment is significantly higher among the Roma than among other groups of the population and that the problems concerning their integration into wider society starts at a very young age, with many Roma children attending special schools for mentally retarded children due to their different language background. The Government states that problems of integrating Roma into the labour market stem from the low level of education of some groups of Roma and that the Ministry of Education had developed the programme "Conception of Upbringing and Education of Roma Children and Pupils" with the aim of eliminating educational gaps between Roma and other children. The Committee, with some concern, understands from the Government’s report that the Government appears to perceive the current serious employment situation of the Roma merely as a consequence of their generally low level of education. In this respect, the Committee recalls that the UN Committee on the Elimination of All Forms of Racial Discrimination (CERD) had in fact expressed concern regarding discrimination against members of the Roma community, including with regard to opportunities for recruitment and employment (CERD/C/304/Add.110) and that the European Commission against Racism and Intolerance (ECRI) was of the opinion that discrimination - both in the labour market and in other areas of life such as education - played a large part in the disadvantaged position of Roma in the labour market (CRI (2000) 25, paragraph 33). The Committee therefore requests the Government to provide in its next report full information on the measures taken with respect to improving the situation of Roma and their communities, including as regards education and training, access to skill development, vocational guidance, placement services and jobs as well as activities directed to labour market institutions and society at large to promote respect, tolerance and understanding between the Roma communities and the other parts of the population.

2. Discrimination on the basis of sex. In its comments, the ICFTU draws attention to the findings of the UN Committee on the Elimination of Discrimination Against Women (CEDAW) regarding the overemphasis on legislative protection and cultural promotion of traditional roles of women, as well as the highly segregated labour market. The Committee notes from the Government’s initial report on the implementation of the International Covenant on Economic, Social and Cultural Rights (E/1990/5/Add. 49, paragraph 28, of July 2001) that the share of women in the economically active population decreased from 46.4 per cent in 1996 to 44.9 per cent in 1999. According to the Government, the concentration of women in the healthcare and education sectors continued to be a problem and the educational and qualification potential of women was not utilized. As stated in that report, the highest concentration of women is among lower administrative staff and a significant segment of the unqualified labour force is female. The Committee also notes the establishment in 1999 of the Department for Equal Opportunities within the Ministry of Labour, Social Affairs and Family, which is carrying out training and education on gender equality. It recalls that the National Action Plan for Women (1997) had as a main objective to promote the development and employment possibilities for women with limited professional opportunities such as Roma women, disabled women and women living in small villages. Noting that no reply was provided by the Government to the Committee’s previous comments concerning discrimination on the basis of sex, the Committee is bound to reiterate its request to the Government to provide information on the measures that have been taken and how effective they have been to facilitate the access of women to a wide range of occupational training and employment opportunities, including statistical information on labour market participation disaggregated by sex, sector and occupation.

3. The Committee notes the entry into force of a new Labour Code (Act No. 311/2001). According to section 1 of the "fundamental principles" introducing the Code, natural persons shall have the right to work and the free choice of employment, to fair and satisfying working conditions and to protection against unemployment. These rights are to be enjoyed "without any sort of restriction and direct or indirect discrimination on grounds of sex, marital and family status, race, colour of skin, language, age, state of health, belief and religion, political or other convictions, trade union activity, national or social origin, national or ethnic group affiliation, property, lineage or other status, with the exception of cases provided by law, or in the case of a tangible reason for the performance of the work consisting in aptitudes or requirements and the nature of work which the employee is to perform". Such a prohibition of discrimination is also contained in Part I (General provisions), section 13, of the Code. The Committee notes with interest that these provisions cover all the grounds of discrimination prohibited by the Convention and explicitly refer to indirect discrimination, which is further defined in section 13(2). The Committee also notes with interest that the new Code provides victims of discrimination with two courses of redress for complaints concerning discrimination, and shifts the burden of proof to the employer who "shall be obliged to prove that no violation of the principles of equal treatment has occurred". The Committee also notes Act No. 90/2001 amending the Constitution of the Slovak Republic to establish the institution of Public Defender of Rights (Ombudsman). The Committee requests the Government to provide information on the implementation of the non-discrimination provision in practice, any discrimination claims brought under the Code and any relevant administrative or judicial decisions.

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

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes the information in the Government’s report detailing the various legislative measures aimed at strengthening protection against discrimination, including the Employment Act (Act No. 387/1996), the Labour Code (Act No. 65/1965, as amended), and the new law on complaint mechanisms (Act No. 152/1998). It also notes that the Ministry of Labour, Social Affairs and Family is responsible for supervising compliance with the labour laws and the Convention, and that the National Labour Office is in charge of labour inspection. The Committee asks the Government to keep it informed on the measures taken by the Ministry to apply the Convention in practice, any discrimination claims brought under Act No. 152/1998, and the results of labour inspections conducted by the National Labour Office.

2. The Committee notes from the report of the UN Committee on the Elimination of Discrimination against Women (CEDAW) that in March 1996 a Coordination Committee for the Problems of Women was established, composed of representatives of the National Council, various ministries, non-governmental organizations, trade unions and others (A/53/38/Rev.1 of 30 June 1998). It notes also that the Coordination Committee devised a national action plan for women in compliance with the Beijing Platform of Action. The Committee notes the legal framework aimed at promoting gender equality, including the Labour Code, but also notes the statement of the Government’s representative to CEDAW of existing inequalities in employment, including in hiring opportunities and terms and conditions of employment. In this context, it notes CEDAW’s concern regarding the overemphasis on legislative protection and cultural promotion of traditional roles for women, such as the increase in the number of "household management schools", and the highly segregated labour market with men and women in different employment sectors. The Committee asks the Government to provide information on the measures taken and contemplated to facilitate the access of women to a wide range of occupational training and employment opportunities, including statistical information on labour market participation disaggregated by sex, sector and occupation.

3. With reference to its previous request for further information on the measures taken to ensure equality of opportunity and treatment for minority groups, including the Hungarian minority, the Committee notes the adoption of Act No. 184/1999 on National Minorities’ Languages. It notes also from the Government’s report to the UN Committee on the Elimination of Racial Discrimination (CERD) that the post of Deputy Prime Minister of Human Rights, National Minorities and Regional Development was created in 1998, and a Commissioner for Addressing Roma Minority Issues was appointed in March 1999. In this respect, the Committee notes that CERD expressed concern regarding discrimination against members of the Roma community, including with regard to access to opportunities for recruitment and employment, and regarding the high level of drop-out rates among Roma children. The Committee requests the Government to provide statistical and other information on measures taken or contemplated to ensure the application of the Convention to the Hungarian minority and the Roma, as well as to other minority groups. It also recalls its request for clarification of the terms "national minorities" and "ethnic groups" for whom certain rights are provided under articles 33 and 34 of the Constitution, and hopes that the Government will include information on this issue in its next report.

4. The Committee notes the various legislative and institutional measures aimed at providing access to employment, occupation and vocational training without discrimination as to race, skin colour, sex, religion, political opinion, social origin and national extraction. In this respect, it also notes that there is a draft of a new labour code which will strengthen existing enforcement mechanisms. The Committee asks the Government to provide statistical data and other relevant information which will allow the Committee to assess in greater detail the impact of these measures in eliminating discrimination and promoting equal opportunity in employment and occupation, and to provide a copy of the new labour law when adopted.

5. The Committee notes the information in the report indicating the Government’s cooperation with employers’ and workers’ organizations. It asks the Government to provide further information on practical aspects of this cooperation in promoting the implementation of the national policy on equality of employment and treatment, including in the private sector.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  The Committee notes the information in the Government’s report detailing the various legislative measures aimed at strengthening protection against discrimination, including the Employment Act (Act No. 387/1996), the Labour Code (Act No. 65/1965, as amended), and the new law on complaint mechanisms (Act No. 152/1998). It also notes that the Ministry of Labour, Social Affairs and Family is responsible for supervising compliance with the labour laws and the Convention, and that the National Labour Office is in charge of labour inspection. The Committee asks the Government to keep it informed on the measures taken by the Ministry to apply the Convention in practice, any discrimination claims brought under Act No. 152/1998, and the results of labour inspections conducted by the National Labour Office.

2.  The Committee notes from the report of the UN Committee on the Elimination of Discrimination against Women (CEDAW) that in March 1996 a Coordination Committee for the Problems of Women was established, composed of representatives of the National Council, various ministries, non-governmental organizations, trade unions and others (A/53/38/Rev.1 of 30 June 1998). It notes also that the Coordination Committee devised a national action plan for women in compliance with the Beijing Platform of Action. The Committee notes the legal framework aimed at promoting gender equality, including the Labour Code, but also notes the statement of the Government’s representative to CEDAW of existing inequalities in employment, including in hiring opportunities and terms and conditions of employment. In this context, it notes CEDAW’s concern regarding the overemphasis on legislative protection and cultural promotion of traditional roles for women, such as the increase in the number of "household management schools", and the highly segregated labour market with men and women in different employment sectors. The Committee asks the Government to provide information on the measures taken and contemplated to facilitate the access of women to a wide range of occupational training and employment opportunities, including statistical information on labour market participation disaggregated by sex, sector and occupation.

3.  With reference to its previous request for further information on the measures taken to ensure equality of opportunity and treatment for minority groups, including the Hungarian minority, the Committee notes the adoption of Act No. 184/1999 on National Minorities’ Languages. It notes also from the Government’s report to the UN Committee on the Elimination of Racial Discrimination (CERD) that the post of Deputy Prime Minister of Human Rights, National Minorities and Regional Development was created in 1998, and a Commissioner for Addressing Roma Minority Issues was appointed in March 1999. In this respect, the Committee notes that CERD expressed concern regarding discrimination against members of the Roma community, including with regard to access to opportunities for recruitment and employment, and regarding the high level of drop-out rates among Roma children. The Committee requests the Government to provide statistical and other information on measures taken or contemplated to ensure the application of the Convention to the Hungarian minority and the Roma, as well as to other minority groups. It also recalls its request for clarification of the terms "national minorities" and "ethnic groups" for whom certain rights are provided under articles 33 and 34 of the Constitution, and hopes that the Government will include information on this issue in its next report.

4.  The Committee notes the various legislative and institutional measures aimed at providing access to employment, occupation and vocational training without discrimination as to race, skin colour, sex, religion, political opinion, social origin and national extraction. In this respect, it also notes that there is a draft of a new labour code which will strengthen existing enforcement mechanisms. The Committee asks the Government to provide statistical data and other relevant information which will allow the Committee to assess in greater detail the impact of these measures in eliminating discrimination and promoting equal opportunity in employment and occupation, and to provide a copy of the new labour law when adopted.

5.  The Committee notes the information in the report indicating the Government’s cooperation with employers’ and workers’ organizations. It asks the Government to provide further information on practical aspects of this cooperation in promoting the implementation of the national policy on equality of employment and treatment, including in the private sector.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

1. The Committee notes the detailed information provided by the Government in its report and attached documentation including, in particular, the Employment Act (Act No. 387 of 11 December 1996), the provisions of the Labour Code, 1965, as amended, pertaining to the protection of women, and the relevant extracts of the Programme Proclamation, 1995.

2. As concerns measures to implement the national policy to promote equality of opportunity and treatment, the Committee notes that, in considering the Government's report under the International Covenant on Civil and Political Rights, the Human Rights Committee expressed concern over substantiated reports of discrimination, particularly against women, and noted that independent complaint mechanisms for victims of all discrimination do not exist; it recommended that priority be given to addressing discrimination, in particular through training and education campaigns, and that mechanisms to monitor non-discrimination laws and to receive and investigate complaints from victims be established urgently (UN document CCPR/C/79/Add.79 of 4 August 1997). The Committee asks the Government to indicate whether consideration has been, or is being given, to the creation of such independent bodies to ensure the implementation of the national proscriptions against discrimination. In this respect, the Committee also requests the Government to indicate whether attempts have been made both to evaluate the impact of the educational programmes undertaken by the National Centre for Human Rights with a view to heightening their impact, and to increasing the resources devoted to educational campaigns designed to increase public awareness of, and appreciation for, the government policy on non-discrimination.

3. As concerns measures taken to ensure equality of opportunity and treatment for minority groups, the Committee notes that the Human Rights Committee expressed its concern that insufficient provision, in particular in relation to the allocation of resources, is made in the field of educational and cultural rights for the benefit of the Hungarian minority, who constitute some 11 per cent of the population. The Committee requests the Government to furnish detailed information on the measures being taken to ensure the application of the principle of the Convention to the Hungarian minority, as well as all other minority groups, in respect of education, training and employment. Please also clarify, as previously requested, the difference between the terms "national minorities" and "ethnic groups", for whom certain rights are provided under articles 33 and 34 of the Constitution.

4. The Committee requests the Government to provide, in future reports, information to illustrate the impact of the various constitutional, legal and administrative measures taken to eliminate discrimination and promote equality of opportunity and treatment in employment and occupation. In this regard, the Committee hopes that the Government will provide statistical and any other relevant information -- such as might be contained in studies or surveys -- on the enjoyment, in practice, of equality of opportunity and treatment irrespective of race, colour, sex, religion, political opinion, national extraction or social origin, with special reference to:

(a) access to vocational guidance and training;

(b) access to employment and to particular occupations; and

(c) terms and conditions of employment.

5. Please provide information on the measures taken in practice to collaborate with employers' and workers' organizations and other appropriate bodies to promote the acceptance and observance of the national policy on equality of opportunity and treatment, particularly with regard to employment in the private sector.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

1. Referring to its previous direct request, the Committee notes with satisfaction that Act No. 451/1991, referred to as the "Screening Act" was repealed on 31 December 1996 for the reason, among others, that the Act was deemed incompatible with the provisions of the national Constitution and with Convention No. 111.

2. The Committee is addressing a request directly to the Government on certain other points.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the information contained in the Government's first report, and requests the Government to provide additional information on the following points.

1. Article 1, paragraph 1(b). The Committee notes that several grounds on which discrimination is prohibited are listed in addition to those explicitly covered by the Convention (language, property, descent, age and trade union activity). Please indicate whether these grounds should be considered to be covered by the Convention by virtue of this provision.

2. Article 1, paragraph 2. The Committee notes that article 35(2) of the Constitution allows for conditions and restrictions with regard to certain professions or activities to be imposed by law. The Committee recalls that such restrictions were imposed through Act No. 451/1991 of the Czech and Slovak Federated Republic (CSFR), referred to as the "Screening Act", which excludes a number of specified categories of people from a wide range of functions and occupations, mostly in public institutions, but also in the private sector. The persons liable to such exclusions are those who were holding certain specified positions or were affiliated with members, bodies or organizations of the former political system from 1948 to 1989. The Committee notes that this Act was taken over by Slovakia with the dissolution of the CSFR.

A committee set up under article 24 of the ILO Constitution in 1992 to examine Act No. 451/1991 as regards the CSFR was of the view that the exclusions established by the Act could be deemed inherent requirements of particular jobs - and therefore admissible under Article 1, paragraph 2 of the Convention - only in certain cases. It concluded that the Act constituted discrimination on the basis of political opinion, and recommended that the matter be referred to the Constitutional Court of the CSFR at the earliest date. That Court ruled on Act No. 451/1991 on 28 November 1992, ordering some amendments but not altering the substance of the Act.

The Committee requests the Government to provide information on the current status of Act No. 451/1991 in Slovakia and on any measures taken towards its repeal or amendment, and to provide copies of any other legislation or regulations allowing for conditions and restrictions under article 35(2) of the Constitution.

3. Article 2. In its report, the Government refers to a Programme Proclamation of the Government of Slovakia in January 1995 which provides for the enforcement of "principles" which are applied by all States based on the rule of law, inter alia, as regards protection from discrimination in employment and occupation. The Committee further notes that the Employment Act No. 1/1990 of the CSFR (amended by Act No. 450/1992 and now in force in Slovakia) states in its preamble that citizens are entitled to employment irrespective of their race, colour, sex, language, religion, political or other preferences, membership of political parties or allegiance to political movements, nationality, ethnic or social origin, property, health condition and age, and that according to section 3(2)(e) of the Act the relevant ministry in implementing state employment policy shall propose measures for the practical application of international Conventions in the field of employment to which the State is bound.

The Committee requests the Government to supply copies of the relevant parts of the Programme Proclamation, the most recent version of the Employment Act and any other legislation which relates to the proclamation of a policy on equality of opportunity in Slovakia. Further, it asks the Government to provide details of practical measures taken to promote the application of the Convention in the country's labour market policies.

4. The Committee notes with interest the establishment through Act No. 308/1993 of a National Centre for Human Rights. It asks the Government to provide a copy of the Act, and give details of the activities of the Centre where they relate to the promotion of equality of opportunity and treatment within the scope of the Convention.

5. The Committee requests the Government to provide detailed information (including statistics, where available) on the actual situation as regards access to vocational training and to employment and occupation of persons based on their race, colour, sex, religion, political opinion, national extraction or social origin.

6. Article 3(d). Please supply information on the policy designed to promote equality of opportunity and treatment in the public sector, including enterprises under national control.

7. Article 3(e). Please supply information on any measures taken to ensure that vocational training, vocational guidance and placement services take account of the principles of the Convention.

8. Discrimination on the basis of sex. Noting that section VII of the basic principles of the Labour Code provides for women to be guaranteed working conditions which enable them to take part in work "not only in consideration of their physiological capacities but especially in consideration of the role they play in society through motherhood, the upbringing of children and the care of them", the Committee asks the Government to provide details on any legislation or directives issued or envisaged to protect women from discrimination as regards hiring or promotion based on pregnancy, motherhood or "physiological capacity".

9. The Committee notes that the provisions in the Labour Code which create particular conditions for women workers include a prohibition from permitting a rest period of less than 11 hours for any woman, compared with a minimum of eight for men (section 90(2)); a prohibition from employing a pregnant woman or a woman taking care of a child under age one at any night-time or overtime work (section 156(3)); a prohibition from sending a pregnant woman or a woman taking care of a child under age one on work-related travel outside the locality of her workplace or residence and, until the child is eight, sending her on such travel without her consent or transfer her except at her request (the prohibitions related to night-time work, overtime work and travel apply to a man taking care of a child under age one only where he is single) (section 154(1) and (2)).

While appreciating that the above provisions are aimed at improving working conditions for women, the Committee asks the Government to indicate the effect of these measures on women's opportunities for hiring and promotion within professions where, for example, travel and overtime may be required. The Government may also wish to consider whether these provisions take sufficient account of the needs of families where the man has taken on family responsibilities or other child-care options are available. It asks the Government to inform it of any measures to ensure the regular review and revision of provisions of this nature in the light of the right of women to equality of opportunity and treatment in employment and occupation.

10. Discrimination on the basis of race, colour or national extraction. The Committee notes articles 33 and 34 of the Constitution which provide for the protection of certain rights of national minorities and ethnic groups in Slovakia. It would be grateful if the Government would explain the difference between these two terms. It requests the Government to provide details on any policies declared and pursued for the purpose of promoting equality of opportunity as regards occupational choice for national minorities and ethnic groups in Slovakia.