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

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

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

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

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

The Scope employment and occupation; education; social protection, security and social benefits; healthcare; provision of goods and services, including housing.

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

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

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

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

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

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

Emerging Positive Practices Curbing Discrimination (Affirmative Action) municipal firms preferably recruiting disadvantaged job seekers (mostly Roma) public procurement with social aspects using ESIF program of Roma health mediators NGOs activities targeting girls encouraging to study IT, Roma to study economics

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