UPR Sexual Rights Database

National Report:
Para 55) The problems of reproductive health are also dealt with by the National Programme for the Care of Children and Adolescents, whose aim is to ensure optimum care for pregnant women and newborns. It includes both the effort and successful implementation of measures to reduce maternal mortality and morbidity rates, as well as improvement of the health status of new-born infants by providing equal access to health care, including family planning with an emphasis on Roma communities and other disadvantaged population groups. In order to protect the health and life of unborn children, the SR promotes the use of in utero medical procedures.
Para 56) All women in Slovakia have sufficient access to contraception methods. According to the data from the database of registered medicines at the State Institute for Drug Control, there are currently 387 types of hormonal contraceptives and 13 types of topical contraceptives registered in the SR that healthcare providers can prescribe to women. These contraceptives along with other forms of contraception are not covered by public health insurance, although in cases where their use is medically justified, they may be covered by a healthcare insurer from public health insurance. Condoms are freely available for sale at retail outlets.
Para 57) As part of its efforts to improve access to healthcare gynaecology and obstetrics wards for marginalised Roma women, the Ministry of Health of the SR (hereafter as “MH SR”) is preparing a pilot scheme within the Healthy Communities project to create health education assistant positions in hospitals (i.e. at gynaecology and obstetrics wards). Health education assistants are all employees from among the Roma population who are continuously educated in the field of healthcare and reproductive health. They are a key element in breaking down social barriers to providing healthcare to Roma minorities. Health education assistants will identify and link special needs of Roma women on the hand with the requirements of medical staff on the other, with an emphasis on an intercultural approach. This will allow the monitoring of possible signs of segregation of Roma women in providing healthcare.

National Report Annex 1:
The Government of the Slovak Republic assigned to the Minister of Health the task of preparing the “National Programme on Care for Women, Safe Motherhood and Reproductive Health”. There are also ongoing discussions among interested parties on various aspects of these problems, as agreement on how to address them has not been reached. It is also for this reason that the Minister of Health of the Slovak Republic requested that the submission of the programme for approval be postponed until October 2019.
The recommendation has been implemented.

National Report:
Para 17) The amendment to the Anti-Discrimination Act of April 2013 enables the adoption of affirmative actions to eliminate disadvantages based on, inter alia, sex/gender. By this modification, prerequisite for effective measures targeted, inter alia, on increasing of women participation in decision-making positions was fulfilled. Slovakia is fully aware of the need to adopt further steps with respect to electoral legislation. However, none are currently under consideration. There are no political initiatives to increase the participation of women in political parties.

National Report:
Para 9) Slovakia signed and ratified several UN and Council of Europe human rights instruments during the period under review. In May 2010, Slovakia became a State party to the CRPD and its OP.

National Report:
Para 41) The right to access to employment is provided for in the Act on Employment Services. A citizen has the right to choose employment freely and work anywhere in the SR, or can choose to work abroad. In accordance with the Labour Code women and men are entitled to the same pay for the same work or for work of the same value. Under the Act on Equal Treatment in Certain Areas and Protection against Discrimination (Anti-Discrimination Act), sexual harassment at workplaces is prohibited.
Para 43) The MLSAF SR continuously adopts measures to reduce the salary gap between men and women. One of the most significant ones is an outreach campaign highlighting the ever-shrinking salaries paid to women, in addition to offering advice on the www.kedvyrastiem.sk (when I grow up) website on how to protect against discrimination on the labour market. Another significant measure to reduce the gender pay gap is a gradual minimum wage increase, as women find themselves in low-income jobs more often than men. Another important instrument for increasing employment and income levels for women was the national project “Family and Work” focused on balancing family and work life and on work opportunities for mothers with small children.
Para 44) As for the fight against discrimination, an important and indispensable role is played by social partners by promoting equal treatment, for example through monitoring workplace practices, access to employment, professional training and career progression, as well as through monitoring collective agreements, codes of conduct, research, or through sharing experience and best practice. In line with the principle of equal treatment, discrimination on the grounds of marital or family status, … gender … is prohibited.

National Report Annex 1:
Mitigation of multiple discrimination of the Roma is among the objectives of the Strategy of the Slovak Republic for the Integration of Roma until 2020 and its updated and new action plans. Reduction of differences in employment rates between the Roma and the national average is to be achieved by linking professional training and education with the labour market, by promoting a non-discriminative approach and by applying temporary countervailing measures in actual practice. During the 2016-2017 period, the measures were implemented using a wide range of measures at the section for education by looking for new ways of supporting youth employment, by means of programmes supporting entry onto the labour market, re-training, and by creating conditions for disadvantaged job candidates to enter the labour market through social economy entities.

A citizen has the right to unrestricted access to employment in line with the principle of equal treatment in employment relationships and in similar legal relationships, as it is established by the Anti-Discrimination Act. In line with the principle of equal treatment, discrimination on the grounds of marital or family status, colour, language, political or other opinion, engagement in trade unions, national or social origin, disability, age, wealth, gender or other status is prohibited.

Another important instrument to increase employment and income levels for women was the national project “Family and Work” focused on balancing family and work life and on work opportunities for mothers with small children.

The recommendation has been implemented.

UN Compilation:
Para 49) [CEDAW] was concerned that many public and private actors had not adopted temporary special measures to facilitate the participation of women in the labour market, and that the lack of effective measures to promote the reconciliation of work and family life constituted a barrier to women’s access to employment. It was also concerned that significant horizontal and vertical gender segregation existed in the labour market, and that the gender pay gap remained wide.

National Report:
Para 53) In 2005, Slovakia adopted legislative measures with respect to the rights of patients to comply with international standards. Women allegedly affected by shortcomings in connection with sterilization prior to 1 January 2005 can seek compensation before the courts in civil proceedings. In relation to the call for the thorough investigation of all cases of forced sterilizations, Slovakia refers to the report of the Council of Europe Commissioner for Human Rights on Slovakia of March 2006 (CommDH(2006)5) stating that considerable effort has been made to investigate allegations about involuntary and forced sterilizations of Roma women in Slovakia. A professional medical inspection was established beyond the framework of criminal investigation, and an expert opinion of the Faculty of the Medicine of the Comenius University in Bratislava was requested. It was not confirmed that the Government supported an organized discrimination sterilization policy. The Government adopted legislative and practical measures with a view to eliminate administrative shortcomings identified during the investigation, and to prevent similar situations from occurring in the future. In his findings, the Commissioner did not require Slovakia to conduct any further investigation. His recommendations were only related to the issue of compensation of victims of violations according to the European Convention on Human Rights (ECHR) as a result of performing illegal sterilizations.

Para 54) The European Court of Human Rights (ECtHR) delivered judgments against Slovakia in three cases related to sterilization of women without their informed consent (V.C. against Slovakia (judgment of 8 November 2011 which became effective on 8 February 2012), (N.B. against SR (judgment of 12 June 2012 which became effective on 12 September 2012) and (I.G., M.K. and R.H. against Slovakia (judgment of 13 November 2012 which became effective on 29 April 2013). In the case of V.C. against Slovakia, the ECtHR did not require national authorities to initiate criminal proceedings on their own initiative, as it did not find that medical staff acted with the intention of ill-treatment of the applicant. The ECtHR declared non-violation of procedural part of Article 3 of the ECHR in the case of V.C. against Slovakia related to the inefficiency of the investigation. Similarly in the case of N.B. against Slovakia, the ECtHR did not accept the applicant's allegation on ineffective investigation of her sterilization. It stated that the complaint had been reviewed at three levels of proceedings, and the General Prosecutor acknowledged that the applicant had been sterilized contrary to the relevant law, as her legal representative had not given consent. The ECtHR only concluded that Article 3 of the ECHR in its procedural part had been violated in the case of I.G., M.K. and R.H. against Slovakia, namely due to the particular subject-matter of the case. The ECtHR stated that the manner in which national authorities had been acting was not in compliance with the requirement of promptness and reasonable expedition. The submitted evidence did not, however, convince the ECtHR that it could have been a part of an organized policy, or that the behaviour of the medical staff had been racially motivated. The rulings of the ECtHR in these cases did not confirm the allegations of numerous illegal sterilizations of Roma women.

Para 55) Measures applied by Slovakia in relation to the execution of the judgments (legislative and other) are currently supervised by the Committee of Ministers of the Council of Europe. The applicants were paid the financial compensation awarded by the ECtHR. Judgments in the case of V.C. and N.B. against Slovakia were sent to the President of the Constitutional Court and to Presidents of all District and Regional Courts. The agent before the ECtHR familiarises judges and prosecutors with the judgments as a part of educational activities. For domestic courts, the judgment in the case of V.C. against Slovakia (as well as the other two cases) provides an important guidance on reviewing claims for compensations for women affected by sterilization and on awarding compensations.