Legal framework or WHAT DOES LAW SAY?

The Constitution of the Slovak Republic is the fundamental document that prohibits discrimination and guarantees religious freedom and freedom of conscience in Slovakia. It contains the Bill of Basic Rights and Freedoms and regulates state duties toward 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 closely specified in clause 2, stating that basic rights and freedoms in the Slovak republic are guaranteed to "all no matter what 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." Therefore, it is not possible to harm anyone, privileged or unprivileged. In article 24 freedom of thought, conscience, religious affiliation and faith as well as freedom to exhibit one’s religion is guaranteed.

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 absolutely necessary.

The prohibition of discrimination and freedom of conscience are guaranteed by several significant human rights documents that are binding for the Slovak republic, from which the best-known are:

• The International Covenant on Civil and Political Rights was acceded to by socialist Czechoslovakia in 1976 and has been binding to the present. The pact in article 26 prohibits all types of discrimination and guarantees equal rights including freedom of religion in article 18. The UN Human Rights Committee oversees its maintenance.
• Another significant document is the European Convention for the Protection of Human Rights and Fundamental Freedoms, which in article 14 guarantees the prohibition of discrimination while exercising the rights anchored in the convention. Both documents oblige the state to protect freedom of religion and enable all people to exhibit their persuasion without any discrimination. Such “individual” freedom “can only be restricted by legally established acts required for sustaining public health and safety, public order and morality, and the rights and freedoms of all in democratic society.”(article 9 paragraph 2 of the European Convention).

These international agreements protect us (similarly to the Constitution of the SR) from active and passive discrimination originating 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 has 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 religion or belief. In 2004, the Slovak Republic fulfilled its obligation and ratified the Antidiscrimination Law, including EU anti-discrimination directives into 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.