Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

1. Article 1(1) (a) of the Convention. Discrimination on the basis of sex. The Committee recalls its previous comments regarding the different retirement ages for men and women which under the Anti-Discrimination Act are not deemed to be discriminatory. The Committee again expresses its concern that such a provision may indeed be discriminatory against either men or women and, therefore, reiterates its request that the Government indicate the reasons for this provision and whether the different retirement ages would be optional or compulsory.

2. Article 1(2). Inherent requirements of the job – religion and sex. The Committee refers to its previous comments on section 1, paragraph 8(2), of the Anti-Discrimination Act, under which 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, is not held to be discriminatory when relating to employment by or to carrying out activities for such organizations. The Committee requests the Government to provide information on the practical implementation of this provision, including information on judicial decisions. The Committee also recommends that the provision referred to above be interpreted strictly, in line with the Convention and limited solely to particular jobs based on the inherent requirements thereof.

3. Articles 1 and 3. Equality of opportunity and treatment in the public service. The Committee recalls its previous comments on equality of opportunity and treatment in the public service. The Committee again asks the Government to provide information on the implementation of section 3, paragraphs 2 to 4 of Act 312/2001 Coll. on Civil Service, as amended by the Anti-Discrimination Act of 2004, including any discrimination claims brought under the Civil Service Act or the Anti-Discrimination Act, and relevant judicial or administrative decisions.

4. Enforcement. The Committee notes that, according to the Government’s report, the Slovak National Centre for Human Rights has so far played a significant role with respect to monitoring compliance with the principle of equal treatment, as enshrined in the Anti-Discrimination Act of 2004. It also notes the role of the Ombudsperson, the Department of Equal Opportunities and the labour inspectorates in implementing and enforcing the anti-discrimination legislation. The Committee invites the Government to continue to provide information on the activities of the Slovak National Centre for Human Rights as well as the other bodies charged with enforcing non-discrimination legislation. Please also provide copies of the expert opinions as well as of any other documents prepared by the Slovak National Centre for Human Rights.