Solicitud directa (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

Monitoring of anti-discrimination legislation and policy framework. Recalling its previous observation on the need for adequate monitoring of the legislative and policy framework on non-discrimination, the Committee notes that the Anti-Discrimination Act 2004 was amended by Act No. 85/2008, effective as of 1 April 2008. Additional avenues for redress were introduced, namely conciliation proceedings and mediation, which according to the Government, should lead to prompter and more effective resolution of discrimination cases. Furthermore, new competencies have been granted to the Slovak National Centre for Human Rights (NCHR), such as conducting independent surveys and preparing and publishing independent reports and recommendations on issues related to discrimination. The Committee further notes that with a view to strengthening the implementation of the Anti-Discrimination Act, new administrative structures responsible for promoting and monitoring of gender equality and equal opportunities have been established. The Committee notes that the newly established Department of Gender Equality and Equal Opportunities has a separate unit to monitor equal opportunities in all operational programmes for the period 2007–13. In addition, the NCHR and the labour inspectorate have intensified their monitoring in the area of discrimination. Welcoming the recent improvements in the area of monitoring, with a view to assessing results achieved, the Committee asks the Government to provide information on the results of the monitoring activities. The Committee also asks the Government to undertake a comprehensive impact assessment of the legislative and policy measures, including the Action plan for the prevention of all forms of discrimination, racism and xenophobia for 2006–08, to address discrimination in the labour market, and to report on the progress made. Please also supply information on the activities undertaken by the NCHR and other equality bodies on discrimination in employment and occupation.

Article 1, paragraph 1(a), of the Convention. Sex discrimination – retirement age. With respect to its previous comments concerning different retirement ages for men and women permitted under the Anti-Discrimination Act, the Committee notes the Government’s explanations that Act No. 461/2003 on social insurance, as amended, provides the possibility for men and women to retire at 62 years of age. However, pursuant to section 65 of the Act, during a transition period from 2004 to 2014 account is taken of the number of children reared by women adding the relevant number of months assigned to the woman’s age so as to equalize retirement ages by 2014. The Committee notes this provision and draws the attention of the Government to the important role and responsibility of both the father and the mother in child rearing. The Committee invites the Government to consider extending the application of section 65 of Act No. 461/2003 also to men having left the labour market for reasons of child rearing.

Sexual harassment. The Committee notes from the Government’s report that following Act No. 85/2008, Coll., amending the Anti-Discrimination Act, 2004, section 2(a)(5) of the Act defines and prohibits sexual harassment at work. 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 the workplace. Please also provide a copy of Act No. 85/2008, Coll.

Article 1, paragraph 2. Inherent requirements of the job – religion and sex. With respect to section 8(2) of the Anti-Discrimination Act allowing 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, the Committee notes the Government’s explanation that this concerns persons specifically performing activities of the clergy. The Committee invites the Government 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 that during the reporting period, the labour inspectorate did not register any complaints concerning non-compliance with the principle of equality of opportunity and treatment in the civil service. The Committee asks the Government to continue to report on any discrimination complaints registered by the labour inspectorate or brought under the Anti‑Discrimination Act or Civil Service Act, including any relevant administrative or judicial decisions. Please also provide up to date statistics, disaggregated by sex, on the employees in various occupations and sectors of employment in the public service.

Enforcement. The Committee notes that in 2007 the labour inspectorate found 33 complaints alleging discrimination in labour relations to be well‑founded. Nine of those related to unequal treatment with respect to access to jobs or termination of employment. Labour inspection activities particularly focusing on non-compliance with the Anti-Discrimination Act found an additional 23 cases. The Committee also notes the Government’s statement that the labour inspection services face particular difficulties with respect to proving the existence of indirect discrimination. The Committee asks the Government to continue to 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.