How to find solution or WHAT YOU CAN DO?

If you have reason to think you have become a victim of discrimination based on race, ethnic origin or nationality, you can defend your rights in civil court. The Antidiscrimination Law enacts the Civil Judiciary Order that applies in cases taken to court. If the court finds unfavorably in your case, you can appeal your claim to a higher court.

Before you decide to solve your problem through litigation, it is appropriate to consult and get advice from a lawyer. For help you can refer to the Slovak National Center for Human Rights, which is obliged by law to provide legal advice to victims of discrimination. You might also seek the help of non-government organizations (NGOs) that specialize in antidiscrimination or human rights protection, for example: Ľudia proti rasizmu (People Against Racism), Poradňa pre občianske a ľudské práva (Advisory Center for Human and Civil Rights), or Liga aktivistov pre ľudské práva (League of Human Rights Advocates). Such NGOs can also advocate for you in court.

If you do not wish to address your problem in court, there are other legal means of protecting you from discrimination. You can appeal to those state institutions in charge of inspection (for example the offices of the Slovak Trade Inspection or the National Labour Inspectorate), file a complaint about public administration bodies, or you can notify the police of a misdemeanor committed against civil cohabitation. If you are discriminated against by a public administration body (f.e. self-government – municipality of towns and villages, VÚC – Higher Territorial Authority) you can write a letter to the Public Defender of Rights (Ombudsman). Another possible avenue is to employ the service of mediation. Mediators are professionals who cope with the argument out of court but in the presence of both parties. These means often help to reach reconciliation and are usually more expedient than litigation in court.

When it is determined that the decision of a court or public administration body was discriminatory, or that its decision was based on an ordinance or law that is discriminatory, you can appeal to the Constitutional Court of the Slovak Republic. However, all other available opportunities must first be exhausted, and the complaint must be filed within two months of the previous decision.

If you have exhausted all possibilities in the jurisdiction of the Slovak legal system and your problem relates to discrimination regarding basic rights and freedoms, you may file a complaint with the European Court of Human Rights in Strasbourg (if the European Convention was violated), or with the UN Human Rights Committee in Geneva (if the Covenant on Civil and Political Rights was violated). The result may be a decision binding for Slovak authorities (in the case of the European Court) or it may come from an institution the Slovak Republic pledged to respect (in the case of the Human Rights Committee).

If your case involves breaking European Union law, in some instances it can proceed to the Court of Justice of the European Union, which controls respecting European law. In the vast majority of cases however, it is not possible that you appeal to this court directly, but must first go through one of the Slovak courts. Individuals can refer to the Court of Justice directly if they request to examine a decision that was found by some other European Union authority. Otherwise, individuals can refer to the Court of Justice when they claim protection from discrimination in Slovak court based on EU law that is not sufficiently reflected in Slovak law. If so, the presiding Slovak court can turn the particular case over to the Court of Justice to decide in accordance with EU law.
 

If you are interested in more information on antidiscrimination law protection options or in learning more about reasons for discrimination and its forms, you can look it up in the book Čo (ne)vieme o diskriminácii - What Do We (Not) Know About Discrimination by Janka Debrecéniová.