{"id":66,"date":"2008-07-20T18:41:42","date_gmt":"2008-07-20T16:41:42","guid":{"rendered":"http:\/\/www.gender.gov.sk\/en\/?p=66"},"modified":"2012-07-20T18:46:14","modified_gmt":"2012-07-20T16:46:14","slug":"comprehensive-amendment-of-the-anti-discrimination-act","status":"publish","type":"post","link":"https:\/\/www.gender.gov.sk\/en\/comprehensive-amendment-of-the-anti-discrimination-act\/","title":{"rendered":"Comprehensive amendment of the Anti-discrimination Act"},"content":{"rendered":"

On 14 February 2008 the Slovak Parliament passed the second amendment of the Anti-discrimination<\/strong>
\nAct<\/strong>\u00a0(1) harmonising national law with the existing EU directives. The amendment was proposed by the
\nSlovak government, the Deputy Prime Minister for Knowledge Society, European Affairs, Human Rights
\nand Minorities. The first amendment from June 2007 represented a quick response to the reservations
\nabout the existing Anti-discrimination Act expressed by the European Commission. This amendment is
\na follow-up to the first one as both the ministries and civil society represented by NGOs called for more
\nsystemic and substantial changes to the Anti-discrimination Act. The amendment is therefore the result
\nof joint discussions between the representatives of government and NGOs.<\/p>\n

The amendment changed the structure of the Act, making it more understandable and its interpretation
\nclearer. One of the most important legislative changes is a clear statement of the grounds on which
\ndiscrimination should be prohibited in all areas covered by the Act. The grounds are: sex, religion or
\nbelief, race, national or ethnic origin, disability, age, sexual orientation, marital status, family status, colour
\nof skin, language, political or other opinion, national or social origin, property, lineage or other status. In
\ncomparison to the previous legislation, this provision broadens protection against discrimination, e.g. in
\nthe area of social protection as well as in access to goods and services, in which there was a minimum
\nstandard guaranteed by the Directives. As far as the ground of \u201csexual orientation\u201d is concerned, the
\namendment introduced a definition of sexual orientation and this ground became explicit for the area
\nof social protection, education, health care and access to goods and services. Before the amendment it
\ncould only be claimed in the above-mentioned areas under the general clause \u201cother status\u201d.
\nSurprisingly, the amendment also established an unexplained restriction to the areas in which
\ndiscrimination should be prohibited, as the new wording leaves out housing and social advantages,
\nallegedly because there is no definition of housing and social advantages in the existing legislation.
\nThe second amendment finally defines an exception for a genuine and determining occupational
\nrequirement which complies with both the Racial Equality and the Framework Employment Directives.
\nThe amendment also harmonises the Slovak anti-discrimination legislation with Directive 76\/207\/EEC
\nand Directive 2004\/113\/EC on equal treatment between men and women in access to and supply of
\ngoods and services. The provision on shifting the burden of proof has been improved, making it clear that
\nthe claimant before the court should indicate the facts from which discrimination may be presumed. The
\noriginal wording used the expression \u201cadduce evidence\u201d which could be interpreted restrictively, putting
\nthe claimant into a disadvantaged position.<\/p>\n

The most discussed and most criticised provision refers to positive measures, which is a very sensitive
\ntopic politically in Slovakia. In October 2005 the Constitutional Court declared the provision on positive
\nmeasures linked to disadvantaged people of certain racial and ethnic origin to be unconstitutional. The
\nnewly proposed provision reflects the decision of the Constitutional Court and introduces very specific
\nexamples of temporary positive measures intended for the elimination of disadvantages linked to racial
\nand ethnic origin, national or ethnic minorities, sex, age and disability, e.g. creating equal opportunities in
\naccess to employment and education through special preparatory programmes, spreading information,
\nand other measures.<\/p>\n

Nevertheless, the former Minister of Justice and current Member of Parliament, who initiated the
\nproceeding before the Constitutional Court in 2005, insisted that introducing measures according to racial
\nand ethnic origin was unconstitutional. He therefore suggested that the reason for positive measures
\nshould instead be social and economic disadvantages. Finally, the Parliament adopted the following
\ngrounds for introducing positive balancing measures: elimination of social and economic disadvantages
\nand disadvantages linked to age and disability. The temporary measures can only be introduced and
\napplied by state agencies.<\/p>\n

Along with the amendment of the Anti-discrimination Act, the Act on the Slovak National Centre for
\nHuman Rights was revised. The Slovak National Centre for Human Rights, which fulfils the role of a national
\nequality body, was granted new competencies, which amount to conducting independent surveys
\nrelated to discrimination and preparing and publishing independent reports and recommendations on
\nissues related to discrimination. The law became effective as of 1 April 2008.<\/p>\n

 <\/p>\n

9 Act No. 365\/2004 Coll. On Equal Treatment in Certain Areas and Protection against Discrimination, amending and\u00a0supplementing certain other laws (Anti-discrimination Act) and Act No.308\/1993 Coll. On Establishing the Slovak National\u00a0Center for Human Rights.<\/address>\n
\u00a0<\/address>\n
Source:\u00a0http:\/\/www.non-discrimination.net\/content\/media\/LR-6%2B7-SK-1.pdf<\/a><\/address>\n","protected":false},"excerpt":{"rendered":"

On 14 February 2008 the Slovak Parliament passed the second amendment of the Anti-discrimination Act\u00a0(1) harmonising national law with the existing EU directives. The amendment was proposed by the Slovak government, the Deputy Prime Minister for Knowledge Society, European Affairs, Human Rights and Minorities. The first amendment from June 2007 represented a quick response to … <\/p>\n

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