Solicitud directa (CEACR) - Adopción: 2005, Publicación: 95ª reunión CIT (2006)

1. Article 1(1)(a) of the Convention. Discrimination on the basis of sex. The Committee notes that section 1, paragraph 8(7)(b), of the Anti-Discrimination Act of 2004 provides that objectively justified differences in treatment shall not be deemed to constitute discrimination where they consist of fixing different retirement ages for men and women. Being concerned that such a measure may constitute discriminatory conduct against either men or women or deny full equality of opportunity and treatment in employment and occupation, the Committee asks the Government to indicate in its next report the reasons for this measure, and to indicate whether the different retirement age would be optional or compulsory.

2. Discrimination on the basis of national extraction. With respect to its previous comments regarding the terms "national minorities" and "ethnic groups", the Committee notes the Government’s statement that, following the non-discrimination provisions in the Labour Code and the adoption of the Anti-Discrimination Act (2004), the rights of all citizens are guaranteed irrespective of whether he or she is a member of a national minority or ethnic group.

3. Article 1(2). Inherent requirements of the job - religion and sex. The Committee notes that section 1, paragraph 8(2), of the Anti-Discrimination Act provides that different treatment on the basis of sex or religion by registered churches, religious societies and other legal entities whose activities are based on religion or belief, shall not be discrimination where they are related to employment by or to carrying out activities for such organizations. The Committee hopes that the exceptions listed in section 1(8)(2) of the Act will be applied in accordance with the Convention, interpreted restrictively and limited to matters related to the inherent requirements of the job. It invites the Government to provide information on the practical implementation of this provision, including information on judicial decisions.

4. Articles 1 to 3. Equality of opportunity and treatment in the public service. Further to its observation and with reference to its previous direct request regarding the application of the principle of the Convention to the civil service, the Committee notes with interest that section 3, paragraphs 2 to 4 of Act 312/2001 Coll. on Civil Service, as amended by the Anti-Discrimination Act of 2004, now guarantees comprehensive protection against discrimination in the civil service on all the grounds set forth in Article 1(1)(a) of the Convention. It further notes that section 3 of the Civil Service Act specifically states that civil servants can claim legal protection provided for in the Anti-Discrimination Act. Please provide information on the implementation of these provisions, including any discrimination claims brought under the Civil Service Act or the Anti-Discrimination Act, and relevant judicial or administrative decisions.

5. Enforcement. The Committee notes that, following the adoption of the Anti-Discrimination Act, the Slovak National Centre for Human Rights shall monitor, review compliance with the principle of equal treatment under the Act, prepare expert opinions upon the request of natural persons or legal entities or on its own initiative, and has the ability to represent parties in court proceedings. Please provide information on the specific monitoring and representation activities of the Centre as well as information on the number and nature of the complaints received by it concerning compliance with the principle of equality of treatment in employment and occupation on the grounds set forth in the Convention.