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

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

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.