Bodies for the promotion of equal treatment (Article 13 Directive 2000/43)

AuthorDurbáková, Vanda
Pages89-97
89
7 BODIES FOR THE PROMO TION OF EQ UAL TREATMENT (Article 13 Directive
2000/43)
a) Body/bodies designated for the promotion of equal treatment irrespective of
racial/ethnic origin according to Article 13 of the Racial Equality Directive
By the adoption of Anti-discrimination Act in 2004,397 the Slovak National Centre for Human
Rights became the specialised body for the pro motion of equal treatment for all grounds
of discrimination covered by the Anti-discrimination Act. With the adoption of the Anti-
discrimination Act, Act 308/1993 on Establishing the Slovak Nati onal Centre for Human
Rights (‘Act on the Centre’) was amended.398
According to th e Act on the Centre, the c entre is an independent, non-judicial body,
subsidised by the state. According to Section 1 of the Act on the Centre, the centre fulfils
tasks in the field of fun damental rights and freedoms. To these ends, the centre does the
following:
- monitors and evaluates the observanc e of human rights and the observance of the
principle of equal treatment, in accordance with the Anti-discrimination Act;
- gathers information on racism, xenophobia and anti -Semitism in Slovakia and
provides this information on request;
- conducts research and surveys for the purpose of providing data in the field of human
rights, gathers and, on request, provides information in this field;
- prepares educational activities and takes part in information campaigns with the aim
of increasing tolerance in society;
- secures legal aid for victims of discrimination and intolerance;
- issues, on request of natural persons or legal entities or on its own initiative, expert
opinions in matters of observance of the principle of equal treatment in accordance
with the Anti-discrimination Act;
- carries out independent inquiries concerning discrimination.
b) Political, economic and social context of the designated body
The position of the Government in relation to the National Centre for Human Rights can be
generally characterised by two approaches, which resulted from the different political
composition of the Government in respective election periods. The Government either gave
no attention to the functioning and independence of the centre and possible deficiencies in
this area or recognised the need to evaluate the setting up and functioning of the centre.
On a long-term and continuing basis, the centre is subject to c riticism by NGOs,
international human rights bodies and others who are active in the field of human rights,
particularly for its insufficient functioning and independence.399 In recent years, these
397 Act No. 365/2004 on Equal Treatment in Certain Areas and Protection against Discrimination and on
amending and supplementing certain other laws as amended.
398 Act No. 308/1993 on Establishing the Slovak National Centre for Human Rights, as amended (zákon č.
308/1993 o zriadení Slovenského národného strediska pre udské práva v znení neskorších predpisov).
399 SeeĽ for exampleĽ DurbákovἠV.Ľ HolubovἠB.Ľ IvancoĽ Š.Ľ LiptákovἠS. (2012)Ľ Hadanie bariér v prístupe
k účinnej právnej ochrane pred diskrimináciou, (Searching for barriers in access to effective legal protection
from discrimination) Košice: Porada pre občianske a udské práva, pp. 110-112. Available at
https://www.poradna-prava.sk/sk/dokumenty/diskriminacia-na-slovensku-hladanie-barier-v-pristupe-k-
ucinnej-pravnej-ochrane-pred-diskriminaciou/; UN Committee on the Elimination of Racial Discrimination
(2018), Concluding Observations of the Committee on the Elimination of Racial Discrimination from January
2018, (CERD/C/SVK/CO/11-12), para. 7-8. Available at
https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CERD/C/SVK/CO/1
1-12&Lang=En; UN Committee on Economic, Social and Cultural Rights (2019), Concluding Observations of
the Committee on Economic, Social and Cultural Rights from November 2019, (E/C.12/SVK/CO/3), para. 6-
7. Available at
https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=E%2fC.12%2fSVK
%2fCO%2f3&Lang=en.

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