AuthorDurbáková, Vanda
The national legal system
The Slovak Republic has a parliamentary form of government and a statutory law system,
its basic law being the C onstitution,56 which lays down the scope of guaranteed
fundamental rights. International treaties on human rights and fundamental freed oms,
international treaties for the exercise of which no other law is necessary, and international
treaties that directly confer rights or impose duties on natural persons or legal persons and
that were ratified by Slovakia and promulgated as prescribed by the law, take precedence
over national laws.57 Legally binding acts of the European Union take precedence over the
laws of the Slovak Republic.58 Regulations of the Government and generally bindi ng legal
regulations of ministries have to be in compliance with the Constitution, with international
treaties that were promulgated as prescribed by the law, and with laws. 59
In matters of local and regional self-governa nce and in the exercise of tasks stipulated by
the law, municipaliti es and self-governing regions may adopt generally binding legal
regulations.60 In the field of non -discrimination, this has relevance mainly i n the field of
social protection (e.g. social services and social advantages), housing and education.
Generally binding legal regulations of municipalities and self-governing regions must be in
compliance with the Constitut ion, with international treaties that w ere promulgated as
prescribed by the law, with laws, with governmental regulations, and with generally binding
legal regulations of ministries.61
Together with the Constitution, the Act on Equal Treatment in Certain Areas and Protection
against Discrimination (Anti-discrimination Act),62 which was adopted on 20 May 2004 and
came into force on 1 July 2004, establishes the basic legal framew ork of Slovak anti-
discrimination law.
According to th e Anti-discrimination Act, the statutory obligation to observe th e principle
of equal treatment within the areas stipulated by law applies to ‘ everyone’.63 The duty to
observe the principle of equal treatment is defined as comprising the prohibition of
discrimination64 on the prohibited grounds (sex, religion or belief, race, affiliation with a
nationality or an ethnic group, disability, age, sexual orientation, marital status and family
status, colour of skin, language, political or other opinion, national or social origin,
property, lineag e/gender or other status, or the reason of reporting criminality or other
anti-social activity).65 It also requires ‘mea sures for protection against discrimination’ 66 to
be adopted.
56 The Constitution of the Slovak Republic No. 460/1992, as amended (Ústava Slovenskej republiky č.
460/1992 Zb. v znení neskorších predpisov), 1 September 1992. The version of Constitution effective until
31 December 2019 can be found (in Slovak) at
predpisy/SK/ZZ/1992/460/20190701?ucinnost=31.12.2019. All other laws published in the Collection of
Laws from 1998 onwards can be found in Slovak at:
57 Article 7(5) of the Constitution.
58 Article 7(2) of the Constitution.
59 Article 125(1)(b) of the Constitution.
60 Article 71(2) of the Constitution.
61 Article 125(1)(d) of the Constitution.
62 Act No. 365/2004 on Equal Treatment in Certain Areas and Protection against Discrimination, amending and
supplementing certain laws (Anti-discrimination Act), as amended (Zákon č. 365/2004 Z. z. o rovnakom
zaobchádzaní v niektorých oblastiach a o ochrane pred diskrimináciou a o zmene a doplnení niektorých
zákonov (Antidiskriminačný zákon) v znení neskorších predpisov), 20 May 2004. The English text of the
Anti-discrimination Act can be found at
63 Anti-discrimination Act, 365/2004, Section 3(1).
64 Anti-discrimination Act, 365/2004, Section 2a(1). According to this section, discrimination can take the
following forms: direct discrimination, indirect discrimination, harassment, sexual harassment, victimisation,
instruction to discriminate and incitement to discriminate.
65 Anti-discrimination Act, 365/2004, Section 2(1).
66 Anti-discrimination Act, 365/2004, Section 2(3).

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