Network of Socio-Economic Experts in the Non-Discrimination Field

SEN Country Report 1 Slovakia

Network of Socio-Economic Experts in the Non-Discrimination Field

Country Report 1 Slovakia

Sarlota Pufflerova

BratislavaSlovakia

April 2009

Contents

Executive summary

Introduction

1.Part I

1.1.Identification of groups discriminated against in the national context

1.2.Main national societal and economic issues having an impact on equal opportunities for all

1.3.Institutional framework and governance issues

1.3.1.Governmental level

1.3.2.Independent public institutions

1.3.3.Nongovernmental organisations………………………

1.4.Latest developments in the national non-discrimination policy field

1.4.1.Legislative developments

National action plans to prevent all forms of discrimination, racism, xenophobia, anti-Semitism and other forms of intolerance

1.4.2Policy developments……………………………………….

1.4.3.Monitoring …………………………………………………

1.4.4Codes of conduct……………………………………………

Other policy documents

1.5.Overview of the extent of discrimination faced by disadvantaged groups based on available data (including perceived discrimination)

2.Part II

2.1.1.Legislation, administrative practices and guidelines

2.1.2.Policy measures

2.1.3.Attitudes of public administration

2.1.4. Budgetary issues

2.2.Implementation of mainstreaming tools

2.2.1.National Strategic Reference Framework for 2007-2013

2.2.2. Regional level

2.3.Good practices

References

ANNEX A – labour force sample survey results in the Slovak Republic

ANNEX B Employment - Data provided by the Statistical Office

ANNEX C Education - Data provided by the Statistical Office

ANNEX D - Social Security - Data provided by the Statistical Office

ANNEX E - Charts /tables

Executive summary

Part I

Identification of groups discriminated against in the national context

[1].An overview of the groups (potentially) affected by discrimination is introduced based on available statistical data structured according to the grounds of discrimination (sex, age, ethnic origine, religion) in the context of relevant legislative framework.

Main national, societal and economic issues having an impact on equal opportunities for all

[2].Societal issues are presented mainly through representative sociological research polls implemented in Slovakia in the course of the year 2008. Current situation is outlined using official socio-economic indicators providedby the Statistical Office (in detailes in Annexes A-D).

Institutional framework and governance issues

[3].Institutional framework in the field of anti–discrimination at the governmental level and their competencies are put into relation with the fulfilment of their tasks.Responsibilities of specialised national body for the promotion of equal treatment as well as the Public Defender of Rights as the institutions participating inthe protection ofthe fundamental rights and freedomsare evaluated from the point of view of implementation of anti-discrimination activities.

Latest developments in the national non-discrimination policy field

[4].The development in the year 2008 rich on legislative changes in the field of anti-discriminationis described focusing on quite a significant amendment of the Anti-Discrimination Actand on theelaborate description of Action plansto prevent all forms of discrimination, racism, xenophobia, anti-Semitism and other forms of intolerance, as well as on other policy documents with relevance in the field of anti-discrimination.

Overview of the extent of discrimination faced by disadvantaged groups based on available data

[5].Certain results of Eurobarometer 2008 and surveys implemented in Slovakia in the same year were compared and put into contextual connections with the available data about perceived and experienced discrimination from relevant vulnerable groups(elder people, GLBT communitiy) showing that the interpretions of data must be based on the careful analysis of current (political) situation.

Part II

Non-discrimination mainstreaming-National situation

[6].Legislation, administrative practices and guidelines as well as policy measures, attitudes of public administration and budgetary issues are put into relation with low level of implementation of mainstreaming in accordance with duty to promote equality. Nevertheless, some examples evidencing hints of what could be considered as good practice are included.

Implementation of mainstreaming tools

[7].The situation in equality mainstreaming is described. Although mainstreaming is an integral part of legislation and policy-making, there are only a few examples of its practical illustration.

Good practices

[8].According to the lack of comprehensive non-discrimination mainstreaming approaches and tools in the field of legislation and policies only a few examples could be offered that could become good practice in the future.

Introduction

[9].There are some specific features with regard to the data contained in this report which make the interpretative and conceptual frameworks for further analyses and future policy-making rather relative. The concepts and content of terms describing grounds of discrimination – such as disability, ethnicity, nationality, religion, etc. are not clearly defined and neither the relevant stakeholders (authors of officials statistics, members of the academia, lawyers, NGO activists, representatives of public administration etc.) are unified on their meaning. For example the legal definitions of disability are much narrower than the definition developed by the European Court of Justice[1]. Also, the contents of “ethnicity”, “religion” and “national origin” overlap as they are to a very large extent officially unified in the concept of “nationality” (in the sense of a constitutionally guarantied right to national affiliation that everyone has a right to choose[2]). Also, the Statistical Office of the SlovakRepublic[3] is founding its statistics exclusively on self-identification of the persons concerned. Although this is, on the one hand, in accordance with human rights principles of self-determination of individuals, the exclusiveness of this approach may not form absolutely adequate departure points for all policies that also need to take into consideration perceived discrimination which is based on perceptions of identities of individuals and groups concerned that are attributed to them by others and that do not necessarily have to correspond with this self-identification.

[10].The availability of sufficient and reliable data is also hindered by another factor, in particular by confusing interpretations of the Act on Personal Data Protection[4]. Almost all public as well as many private institutions allege that collecting data on e. g. ethnicity, sexual orientation, nationality etc. violates this act.[5] The truth is, however, that this act does not prohibit collection of data related to prohibited grounds of discrimination if certain legal requirements are met.[6] This would, however, require appropriate guidelines and methodology which are at the moment missing.[7]

1. Part I
2. Identification of groups discriminated against in the national context

[11].The fundamental rights and freedoms are guaranteed by the Slovak Constitution to everyone regardless of sex, race, colour, language, belief and religion, political or other opinion, national or social origin, nationality or ethnic origin, property, gender, or any other status.[8] The Anti-discrimination Act[9], [10], adopted in 2004 to transpose several EU directives, lays down a general framework for combating discrimination by putting into effect the principle of equal treatment of all persons regardless of gender, race, ethnic origin, religion or belief, disability age, sexual orientation and other grounds exceeding the scope of EU legislation.

[12].Following the outlined methodology requiring an overview of the situation of groups (potentially) affected by discrimination and having in mind the context sketched in the Introduction, the data provided should be based both on available statistics and on results of sociological research polls. In both cases it must be clearly stated which type of data is being used to make the interpretative and conceptual frameworks for further analyses more reliable.

[13].The outlined concept of “disadvantaged groups” should also be perceived with appropriate consideration of the national context which oftentimes does not focus on grounds of discrimination as the primary grounds of disadvantage but on the social situation of the persons concerned (which is thus often not perceived as the consequence but as the primary ground of disadvantage). We would therefore like to make clear that we perceive the term “disadvantaged groups” as atechnical and general term to describe groups defined by the grounds of discrimination contained in EC primary and secondary legislation. We, however, see them as very heterogeneous and encompassing many other grounds causing discrimination.

[14].The following overview is based on statistical dataof the Statistical Office of the SlovakRepublic. Most of them were gained in the last census[11] carried out in 2001. According to the data obtained in this census Slovakia had 5 379 455 inhabitants out of which

• 2 612515 were male(48,6 %) and 2 766940 were female (51,4 %),
• 1 015493 were younger then 14 years (18,9 %), 1 014731 were in post-productive age (altogether 18,9 % of population representing men older than 60 and women older than 55 years); the average age was 36,1 years,
• 4 614854 (85,8 %) were Slovak, 520528 (9,7 %) were Hungarian, 89920 (1,7 %) were Roma, 44620 (0,8 %) were Czech, 24201 (0,4 %) were Ruthenian, 10814 (0,2 %) were Ukrainian and 74518 (1,4 %) had other or not specified nationality[12].
• 3 708120 (68,9 %) were with religious affiliation to Roman Catholic Church (67,4 % male, 70,4 % female, 68,6% aged 15 and above), 176845 (4,1 %) with affiliation to Greek Catholic Church (4,1 % male, 4,1 % female, 4,1 % aged 15 and above), 372858 (6,9 %) were professing the Evangelical Church of Augsburg Affiliation (6,6 % male, 7,2 % female, 6,9 % aged 15 and above), 109 735 (2,0 %) were claiming to profess the Reformed Christian Church (2,0 % male, 2,1 % female, 2,1 % aged 15 and above), 697 308 (13,0 %) claimed to have no religious affiliation (14,6 % male, 11,4 % female, 12,9 % aged 15 and above), and 160598 (3,0 %) did not specify their religious affiliation (3,3 % male, 2,7 % female, 2,9 % aged 15 and above).

[15].The current situation is not significantly different from that in 2001, as indicated by the data processed at the end of 2007 and by the data gathered and processed by the Statistical Office of the SlovakRepublic in 2008.[13]

[16].As apparent from statistical data, there are many different religions in Slovakia but, traditionally, affiliation to the Roman Catholic Church is the prevailing one, having also akind of exclusive position in relation to the state[14]. Significant shifts are, however, visible when we compare data from the census in 1991 with the one in 2001. The increase of religious affiliation is 11,3 %, which represents an increase of 680 600 inhabitants in absolute numbers.. Also the number of those who are not affiliated with any church or religious society or are classified as persons without any religion is higher: whereas in 1991 this category was represented by 515511 persons (9,8 %) , in 2001 their number increased to 697 308 (12,96 %) persons; in absolute numbers the increase is 181797 inhabitants (3,16 %). In March 2009 there were18 registered churches in Slovakia.[15]

[17].According to the Act No. 218/1949 Coll. on State Economic Support for Churches and Religious Societies, every citizen, regardless of whether she or he is a believer or unbeliever, whether she or he belongs or not to a registered church or religious society, is obliged to contribute to the running costs of all/any of 18 churches and religious societies that have been registered in Slovakia.[16] The Act No. 192308/19912 Coll. on the Registration of Churches and Religious Societies states that if a church or a religious society wishes to be registered, it has to present a proof that it has at least 20.000 adult followers with permanent residence in the territory of the SlovakRepublic who are at the same time its citizens.[17]

[18].There are 326 Evangelical Church of the Augsburg Confession (ECAV) congregations in Slovakia.[18] Almost all of them are staffed by women (equal to ordained men). In 1989 there were 36 clergywomen in the ECAV, and by 2001 the number had increased to 83 clergywomen. The ECAV in Slovakia has 357 active clergy at the moment, of whom 219 are men and 138 are women.[19]

[19].According to Articles 33 and 34 of the Slovak Constitution, citizens belonging to national minorities are guaranteed special rights – to promote their culture, to disseminate and receive information in their mother tongue and to use it in official communications, to be educated in their language –(in addition to the right to learn the official language), and to participate in decision-making in matters affecting national minorities and ethnic groups[20]The State Language Act[21] regulates the use of the Slovak language in official communication. It defines the scope of official communication in such a way that the mandatory use of the state language applies to state bodies and organisations and bodies of public authorities. According to the Act on the use of national minority languages[22], citizens belonging to aparticular national minority may only use their mother tongue in official communication with public administration in municipalities where the particular national minority has representation exceeding 20 % of the municipality population.[23]

[20].The use of official language in mass media, at cultural events and public assemblies is compulsory. The broadcasting of regional or local TV and radio stations in other than the official language can only take place before and after the given programme is broadcast in the official language.[24]

[21].The Government of the SlovakRepublic signed two documents relevant in this respect - the Framework Convention for Protection of National Minorities (on 1 February 1995) and the European Charter for Regional or Minority Languages[25] (on 20 February 2001). In principle, the SlovakRepublic adopted such commitments from the Charter that mostly correspond with the existing legislation, but it is still necessary to adopt certain legislative and other measures.[26] According to a declaration attached to the Charter, there are the following minority languages in the SlovakRepublic: Bulgarian, Croatian, Czech, German, Hungarian[27], Polish, Roma, Ruthenian and Ukrainian. There are no exact data about the speakers of these minority languages. But e.g. the number of inhabitants with Hungarian language as mother tongue is higher (10,7%) than the number of inhabitants of Hungarian nationality (9,7%) because part of bilingualinhabitants could haveclaimed Slovak or Roma nationality in the census.

[22].On 17 January 2001, the Government of the SlovakRepublic established the Council of the Government of the SlovakRepublic for National Minorities and Ethnic Groups[28] as its advisory body. Majority of the local population in territory of Southern Slovakia speak Hungarian[29]. The position of Hungarian minority is to a large extent specific as it is the biggest national minority and the only having political representation at all levels (including the European Parliamenent), but historically it is perceived to be the potential source of problems by many political and societal groups[30]. The role of local governments is described in paragraph[44].

[23].Before 1989 there was a strong bid for assimilation as Roma were considered to be culturally under-developed ethnic group. There were policies of “civilisation” which brought almost no improvement of their bad social situation. The democratic regime rejected the categorization of the Roma as a deviant group but in practice even today the stereotypes are deeply rooted in society making it difficult for the Roma to integrate and reinforcing their deprivation as well as social and economic exclusion.[31] Roma minority is officially recognised as national minority in Slovakia. Although according to the census there are only 0,8 % of Roma inhabitants the estimation of their number is ten times higher.

1.2.
Main national societal and economic issues having an impact on equal opportunities for all

[24].In 2008 there were two significant public opinion polls carried out in Slovakia, one by the Slovak National Centre for Human Rights (SNCHR), an institution with statutory responsibilities in the field of anti-discrimination[32], and the other[33] by the Institute for Public Affairs (IPA), an independent non-governmental think-thank.[34] IPA also conducted aqualitative research on perceptions of discrimination by the Slovak population.

[25].A representative quantitative survey conducted by IPA[35] has proven that discrimination is a serious social phenomenon, with 17 % of the population having the subjective feeling of being subject to it. This subjective feeling of discrimination varied with different groups in terms of age, profession and education; it has upheld the existing empirical data obtained in previous surveys[36]. The survey has shown that elderly people feel discriminated against most frequently. The elderly who come from a more vulnerable environment say that they have experienced more discrimination based on all prohibited grounds of discrimination[37]. Among the respondents above 55 years of age, 24 % said that they felt discriminated against. On the other hand, the 18-25 age group perceives itself to be the least discriminated one. The subjective feeling of discrimination varied also with gender: 18 % of women and 15 % of men said that they felt discriminated against. The largest group of respondents who feel discriminated against includes senior citizens (25 %), people above 55 years of age (24 %) and the unemployed (21 %). Although discrimination is not a new phenomenon, a considerable portion of the Slovak population does not understand it and tends to understand discrimination as any injustice in general.

[26].According to Slovak citizens, the most important human rights include the right to healthcare (86 %), the right to social security (77 %), the right to personal security (76 %) and the right to equality before the law. Quite paradoxically, respect for these rights is on an average or below-average level. The right to vote and to stand as a candidate in elections (58 %), freedom of conscience and religion (37 %) and the right to education (35%) are considered as absolutely respected rights. The issues of discrimination and human rights rank lower on the list of social problems as perceived by the public. The most serious social problems include healthcare services, social welfare and living standards.

[27].As far as the environments where discrimination occurs are concerned, most respondents (79 %) named the labour market. The labour market is even more prominent when age-based discrimination is taken into account, as 84 % of the respondents said that discrimination based on age was the most frequent type of discrimination on the labour market.

[28].Better insight into the perception of discrimination can be obtained if we compare the perception of environments where discrimination occurs against individual grounds for discrimination. The respondents were asked about the frequency of discrimination based on specific grounds on the labour market and in the healthcare system.Set of question dedicated to the tolerance and intolerance provides the picture of attitudes towards different potentially discriminated groups. (See the charts and tables in Annex E).

[29].As many as 17 % of the respondents decide not to do anything when they feel discriminated against (e.g.by public administration authorities); the feelings of powerlessness and helplessness are more common among the elderly (as many as 26 % for respondents in the above 60 age group), among people with elementary school education (21 %) and among people of other than Slovak or Hungarian origin, i.e. mainly among the Roma (28 %).

[30].Although the word “discrimination” is part of the Slovak public’s common, day-to-day vocabulary and the term is generally known and widely used, it is not always used correctly in public debate. To answer the question if the Slovak population had good knowledge of the concept of discrimination a qualitative survey[38] was conducted from March to May 2008 by IPA. The questions asked in the survey[39] were based on the premise that the understanding of discrimination and the level of knowledge of this phenomenon is insufficient. These assumptions have also been upheld by other studies dealing with this particular issue[40] where 52% of the respondents of the same survey said that human rights were important but that there were other areas that deserved to become priorities. The survey has also demonstrated that the Slovak population retains a reserved approach to diversity, minorities and immigrants, which encourages various prejudices and stereotypes. In light of the increasing social, national and ethnic diversity in Slovakia, the survey results suggest that the issues of multiculturalism and multicultural education will surely require much more attention. The results also indicate that we need a more consistent approach in order to eliminate stereotypes and prejudices and that the Slovak population must become more sensitive and better informed about human rights and discrimination.