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

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

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.