Introduction

• Author: Durbáková, Vanda
• Pages: 13-15

13

INTRODUCTION

The national legal system

The Slovak Republic has a parliamentary form of government and a statutory law system,

its basic law being the Constitution,56which lays down the scope of guaranteed

fundamental rights. International treaties on human rights and fundamental freedoms,

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 binding 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-governance and in the exercise of tasks stipulated by

the law, municipalities and self-governing regions may adopt generally binding legal

regulations.60 In the field of non-discrimination, this has relevance mainly in 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 Constitution, with international treaties that were 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 framework of Slovak anti-

discrimination law.

According to the Anti-discrimination Act, the statutory obligation to observe the 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, lineage/gender or other status, or the reason of reporting criminality or other

anti-social activity).65It also requires ‘measures 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 https://www.slov-lex.sk/pravne-

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: https://www.slov-lex.sk/domov.

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 http://www.snslp.sk/CCMS/files/AntidiskriminacnyZakon_ENG-

1.1.2015.pdf.

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).