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

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

Other comments on C111

Observation

Direct Request

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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.