Legal framework or WHAT DOES LAW SAY?

The Constitution of the Slovak Republic is the fundamental document that prohibits discrimination in Slovakia. It contains the Bill of basic rights and freedoms and regulates state's duties toward its citizens or other residents. According to article 12 paragraph 1 of the Constitution „People are free and equal in dignity and rights.”

The prohibition of discrimination is heavily detailed in clause 2, stating that basic rights and freedoms in the Slovak republic are guaranteed to „all, regardless of gender, race, color of skin, language, religion and belief, political or other thought, national or social origin, affiliation to nation or ethnic group, possession, descent or other status.”. Age in these terms is perceived as “other status.” Due to these reasons it is not possible to harm anyone, privileged or unprivileged. According to the Constitution, only law can limit basic rights and freedoms. Further, such restrictions must not threaten the essence and purpose of rights and freedoms and must be utilized only for the protection of values precisely stated in the Constitution, for example the public order, health, morality, rights and freedoms of others. In democratic society, rights and freedoms can only be restricted if it is inevitable.

A significant human rights document Council of Europe operates with is the Convention for the Protection of Human Rights and Fundamental Freedoms, that in article 14 guarantees the prohibition of discrimination while exercising the rights anchored in the convention. This international agreement protects us (similarly to the Convention of SR) from active and passive discrimination coming from state institutions, although they do not provide us with full protection from the discriminatory action of private bodies.

On these grounds, the European Union passed antidiscrimination directives. The most relevant regarding the matter of this article is the Council Directive no. 2000/78/EC addressing equal treatment with persons regardless of their age. In the year 2004, the Slovak Republic fulfilled its obligation and ratified the Antidiscrimination Law, passed the EU antidiscrimination directives to its legal structure. The Antidiscrimination Law prohibits discrimination by state authorities and other public administration bodies (i.e. municipalities) as well as private bodies. Also, it defines each form of discrimination in detail. Furthermore, it constitutes the legal means of coping with discrimination by its victims.

The prohibition of discrimination is also partially comprised in laws and directives of the SR, always in relation to issues of concern.