SLOVAKIA: Children's Rights References in the Universal Periodic Review

9. Slovakia signed and ratified several UN and Council of Europe human rights instruments during the period under review. In May 2010, Slovakia became a State party to the Convention on the Rights of Persons with Disabilities and its Optional Protocol. In March 2012, Slovakia ratified the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. National ratification procedure with respect to the Optional Protocol to the Convention on the Rights of the Child on Communication Procedure is currently under way. At the regional level, Slovakia was among the first countries to sign the Council of Europe Convention on preventing and combating violence against women and domestic violence; the treaty is currently subject to national ratification

procedure. National ratification procedure was launched with respect to the Council of Europe Convention on the protection of children against sexual exploitation and sexual abuse (more details on international human rights treaties in paragraph 74–75 of the report).

 

B. Gender equality, protection of women and children against violence

(recommendations No 8, 10, 15, 24, 38, 39, 41, 42, 45, 46, 58, 63, 87)

 

21. Two EU Regulations were transposed by the amendment to the Criminal Code of 1 August 2013.

• Directive 2011/93/EU of the European Parliament and the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography;

• Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims.

 

22. The aim of the amendment was to achieve compliance with the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (signed by Slovakia in 2009) and the Convention on combating trafficking in human beings in line with recommendations made by relevant monitoring body (GRETA).

 

23. The Code of Criminal Procedure guarantees victims the access to legal assistance through mandatory reporting of authorities conducting criminal proceedings. The legislation enables organizations to provide assistance and legal aid to victims. Current legal framework guarantees victims the right to be provided with free legal assistance in exercising compensation claims in criminal and civil proceedings through the Centre of Legal Assistance. The Ministry of Justice will transpose Directive 2012/29/EU of the European Parliament and the Council of 25 October 2012, establishing minimum standards on the rights, support and protection of victims of crime, with a view to reach comprehensive arrangement of victims’ rights in criminal proceedings, including their

access to legal assistance.

 

24. The Act on compensation of persons affected by violent crimes was amended as of 1 June 2013 with a view to explicitly stipulate that persons affected by the crime of rape, sexual violence and sexual abuse have the right to pecuniary compensation for bodily injury and for moral damages (mental trauma, stress, anxiety, frustration).

 

25. Since 2009, the so-called zero tolerance of physical punishment of children has been introduced into legislation. It means that according to the Act on Social and Legal Protection of Children and on Social Care, it is prohibited to use any forms of physical punishment against children and other gross or degrading forms of treatment or punishment which cause or may cause physical or mental injury. Everybody has the obligation to report the violation of children’s rights to the socio-legal protection authority. The ban of physical punishment in exercising parental rights and obligations is proposed to be included in the new Civil Code, currently under preparation.

 

26. In case of suspicion that a child is victim of violence, a socio-legal protection authority shall take appropriate steps, including provide social assistance, field social work and facilitate involvement in programmes for victims of violence. The socio-legal protection authority is in close contact with law enforcement authorities (police, court, and prosecution), school, municipalities, territorial units, healthcare facilities and other relevant stakeholders involved in the protection of children. Based on the overall case history, the socio-legal protection authority develops a social work plan and proposes solution of the situation.

 

27. If a child is threatened within his/her own family and it is not possible to ensure his/her upbringing within a wider family, the socio-legal protection authority shall ensure the alternative care by a court ruling. The actions of socio-legal protection staff in protecting the minors – victims of violence are guided by an internal rule of the Centre of Labour, Social Affairs and Family of December 2010. For the purpose of crisis intervention, 24/7 availability of the socio-legal protection authority is ensured. Suspicions of torture, abuse or neglect of a child can be anonymously reported to a free phone line of the Centre of Labour, Social Affairs and Family. In 2012, 111 reports of suspicion for violation of children’s rights were recorded in this way.

 

28. In 2010, the Ministry of Labour, Social Affairs and Family carried out campaign on alternative forms of upbringing and on strengthening parental rights. Manuals from the Council of Europe programme “Building a Europe for and with Children” and from campaign on sexual violence against children were distributed to foster homes and to offices of labour, social affairs and family.

 

29. The Ministry of Labour, Social Affairs and Family is responsible for the preparation of the National Strategy for Protection of Children against Violence. The Strategy is expected to apply an integrated and holistic approach to the fight violence against children and is envisaged to be discussed by the Government in November 2013.

 

30. Slovakia recognizes the need to develop further steps to increase the protection of children’s rights. The National Action Plan for Children for 2013–2017, currently under preparation, gives an emphasis to the adoption of measures in the area of human rights education with special focus on children’s rights. Tasks resulting from the Action Plan will pertain, inter alia, to education of professionals working for and with children, spirit and principles of the Convention on the Rights of the Child, including the principle of the best interests of the child. The Action Plan will also focus on training of judges, prosecutors and judicial staff.

 

C. Ensuring fundamental rights of detained juveniles and imposing punishment (recommendation No 54)

 

31. The Code of Criminal Procedure strictly limits juvenile custody; it is permitted only if necessary. Relevant authorities have the obligation to investigate, in each stage of criminal proceedings whether the purpose of custody cannot be achieved in different manner. During the custody, the accused juvenile may be limited in exercising his/her rights only in restricted extent. The human dignity of the accused is to be strictly respected; it is prohibited to use cruel, inhuman or degrading forms of treatment. Juveniles may only receive disciplinary punishment – solitary confinement of not more than 10 days. In case a juvenile is involved in educational activities, he/she may also participate in those during the placement in solitary confinement.

 

32. Juvenile custody is considered an exceptional custodial mean which is applied only if its purpose cannot be achieved in different manner. Juveniles are placed separately from the accused adults. Detention centre may create a separate section with moderate regime for juveniles; or a juvenile is placed in section with moderate regime together with accused adults but in a separate cell. Juvenile custody may be replaced by a guarantee, promise, supervision or a pecuniary guarantee.

 

33. The prosecution pays relevant attention to juvenile custody. Since 2008, there have been prosecutors specializing in dealing with criminal activities committed by juveniles and minors; and crimes committed against children and domestic violence. Regular trainings are organized for prosecutors. A seminar about criminal activities committed by juveniles and violence against women is scheduled for November 2013. The issue of criminal prosecution against juveniles is a part of the curricula at the Academy of Justice.

 

D. Combating human trafficking and assistance to victims

(recommendations No 43, 44 and 47)

 

36. The legal order contains provisions on combating trafficking in human beings. Its criminal aspects based on the Protocol to prevent, suppress and punish trafficking in persons, especially women and children are reflected in the Criminal Code. The crime of trafficking in human beings committed against person under the age of 18 is considered an aggravated circumstance with respect to imposing criminal penalty (further details on the protection and assistance to victims are included in paragraphs 21–24 of the report).

 

37. In case a minor becomes a victim of trafficking, a socio-legal protection authority in cooperation with the International Organization for Migration (IMO) or with non-governmental organization shall ensure that a minor is involved in the Programme of Support and Protection of Victims of Human Trafficking, and that he/she is provided with assistance and protection in a safe facility such as foster homes and crisis centres. Trainings on identification of victims of trafficking are regularly conducted for professionals working with children; training is also provided to staff of foster homes.

 

E. Migration and asylum policy (recommendations No. 85 and 86)

 

40. Domestic legal framework related to the residence of foreigners complies with international standards, in particular with the Convention Relating to the Status of Refugees, Convention for the Protection of Human Rights and Fundamental Freedoms, Convention on the Rights of the Child and with the EU law in the field of administrative expulsion. The Ministry of Interior endeavours to protect the rights of foreign nationals, migrants and asylum-seekers. With this in mind various forms of legal assistance are reflected in the Act on Residence of Foreigners, including the obligation of the police to advise a third-country national immediately after his/her detention about the possibility to communicate a legal representative about his/her detention, possibility to review decision on detention and to submit a request for assisted voluntary return, and the possibility to contact NGOs and UNHCR on issues asylum-related matters.

 

G. Human rights education, implementation of multicultural aspect into educational programmes (recommendations No 16, 71, 91)

 

49. Human rights education is an integral part of the Plan on Human Rights Education in the School System for 2005–2014, a comprehensive programme of the Ministry of Education, Science, Research and Sport. Since 2008, it has been included in national educational programmes for primary (1st level of primary schools), lower secondary (2nd level of elementary schools), and higher secondary education (secondary schools). The Plan is conducted through educational topics such as “People and society”, “People and values”, “Art and culture”, “People and health”, as well as through the implementation of cross- cutting topics such as “Multicultural education” and “Personal and social development” in educational programmes of primary and secondary schools. The National School Inspectorate supervises the implementation of the Plan on Human Rights Education on the basis of criteria elaborated in line with legal regulations and international human rights treaties. The Inspectorate’s findings at elementary and secondary schools confirmedsufficient equipment of schools with international and national documents on human rights,appropriate level of the implementation of human rights aspects into school educationalprogrammes and integration of human rights education into educational plans. The functioning of school coordinators obtained positive evaluation as well as the involvement of pupils in school projects focused on human rights and multicultural education. Establishment of pupils’ school councils/parliaments in 40% of the assessed schools was assessed as a clearly positive achievement. Certain space for the improvement was identified with respect to building of barrier-free environment aimed at the inclusive education of physically disadvantaged children.

 

50. In 2012, a research of the opinions and attitudes of pupils “Example of tolerant behaviour of young people in the family and school” was carried out. The research was a response to the requirement to review the status of the implementation of multicultural education into educational process with an emphasis on models of behaviour and awareness about culturally different groups presented to young people by their nearest surroundings (family and school). The national project “Comprehensive Advisory System for the Prevention and Influence of Social-Pathologic Phenomena in School Environment” carried out since 2013 has been focusing, inter alia, on increasing the quality of psychological services (psychological testing, psychological, career and educational advisory) in school and counselling facilities for Roma pupils.

 

51. The intercultural aspect in view of the culture and history of minorities is applied in national educational programmes, in particular in cross-cutting topics of “Multicultural education”, “Personal and social development” as well as in educational areas such as ”People and values”, “Art and culture”, “People and society”. The Ministry of Education, Science, Research and Sport approved the reviewed national educational programmes effective from September 2013. They pay special attention to human rights; in addition, individual contextual standards of vocational education in the field of human rights were elaborated as well.

 

52. Slovakia pays appropriate attention to raising awareness of human rights also through information campaigns. IUVENTA – Slovak Youth Institute – performs educational and cultural activities involving human rights aspects. A “Live library” is scheduled for December 2013, creating space for an informal dialogue between readers - members of the public and books - members of disadvantaged groups. In 2013, an art and literary competition of primary schools - Human Rights as Seen by Children – was carried out under the auspices of the Deputy Prime Minister and the Minister of Foreign and European Affairs. A competition about human rights, consisting of tests and essays on human rights topics is organized for secondary schools. Slovakia actively participates in the Council of Europe campaigns (in 2013 the “No hate speech movement” internet campaign). Activities focused on raising awareness for primary and secondary schools and for university students, including organizing literary and art competition were performed by the Slovak National Centre for Human Rights as well.

 

I. Social inclusion of Roma, use of EU funding 

(recommendations No 13, 19, 20, 21, 25, 26, 62, 64–66, 70, 81–84, 89)

 

56. During the period under review, Slovakia adopted several key policy programmes for Roma integration. In 2011, the Reviewed National Action Plan for the Decade of Roma Inclusion 2005-2015 updated for 2011–2015 was adopted focusing on Roma integration in four priority areas (education, employment, health, and housing). In 2012, the Government approved the Strategy for Roma Integration up to 2020 which recognized the Reviewed National Action Plan for the Decade of Roma Inclusion 2005-2015, updated for 2011–2015 as the Strategy’s Action Plan for four priority areas. In addition, the Strategy covers financial inclusion, non-discrimination and attitudes towards majority and active involvement of Roma in the process of integration.

 

64. A programme for health support for disadvantaged communities has been performed by the Ministry of Health since 2007; currently its 2 nd stage is under way (2009–2015). It is aimed at segregated Roma settlements and locations of Banská Bystrica, Košice and Prešov regions, where health conditions and sanitation are most critical. The programme is realized through community workers for health education who facilitate contacts between inhabitants of the settlements and medical staff. The main task of the community workers is to establish contacts with inhabitants of segregated Roma settlements, and to assist in increasing healthy conditions, including raising awareness of the prevention of diseases, healthcare, health insurance and the rights of patients. During the period under review, the number of community workers for healthcare has gradually increased – in 2009 they worked in 115 and in 2011 in 122 Roma settlements. Their action is focused mainly on direct work with families living in settlements, as well as on specific activities with children and young women. Health education is focused, inter alia, on personal hygiene, prevention of infectious diseases, sexual and reproductive health and children care. The programme is accompanied with informal discussions in community centres, settlements and schools. In 2013, a programme “Draft to Ensure Financial Stabilization of the Programme of Health Support in Disadvantaged Communities in Slovakia for 2013-2015” was prepared. It includes significant extension of the network of community workers in the area of healthcare; their number is presumed to triple by late 2013.

 

J. Access of children to education with focus on education of Roma children 

(recommendations No. 72–77)

 

67. The access to education is ensured systematically from both the financial and institutional point of view. It includes free pre-school education from the fifth year of age, zero class at primary schools, specialized classes at primary schools with compensation and development programme (4–8 children per class), teacher’s assistant, contribution for socially disadvantaged children, food subsidies and school things assistance for children whose parents are in material need, developing and standardization of relevant diagnostic tools. Measures are adopted on a conceptual basis, addressing causes of school failure of Roma children from socially disadvantaged environment as well. The School Act prohibits measures that would lead to the exclusion of Roma children from mainstream school system and their placement in special schools and thus to lead to continuing segregation. Children are enrolled to primary schools subject to their permanent residence, unless child’s parents select different primary school. This approach is applied to all children regardless of their nationality, sex, ethnic origin etc. Rights stipulated by the School Act are guaranteed equally to everyone in accordance with the principle of equal treatment in education as specified by the Anti-Discrimination Act.

 

68. The legal order does not allow the schoolmaster to enrol a pupil to special school or special class without certificate issued by relevant authority (counselling services) proving a disability of a child and setting the diagnosis. The State School Inspection reviews justification of enrolment of children to special schools and special classes. Since 2004, counselling diagnostic services have used tests developed for children from socially and linguistically disadvantaged environment which enable to identify the reasons for children’s lag behind and thus to avoid their enrolment to special schools for reasons other than mental disability. The Ministry of Education, Science, Research and Sport issued a guideline which excludes that children without disability coming from socially disadvantaged environment are examined by psycho-pedagogical counselling services for children with disability. Another practical measure to avoid unjustified enrolment of children to special schools is re-diagnostics after the first year of school attendance.

 

69. Enrolment of children to special schools is subject to regular monitoring. The State School Inspection reviewed the situation in 37 special primary schools. According to findings of the inspection the enrolment of children to special schools complied with relevant laws with the exception of one primary school which did not justify disability of children. Sensitive attitude of teachers, efforts to improve children’s school attendance, cooperation between schools and counselling services, out-of-schools activities, including involvement of children in projects are among positive achievements. The level of school integration is regularly reviewed as well. As a result of follow-up inspections at schools and in psycho-pedagogical counselling centres most of the shortcomings were remedied. Respect for equality of access to education for all children and identification of hidden forms of racism and segregation of children is supervised as well. Several areas should be further addressed, including the need to establish classes with compensation or development programme, modification of curricula for children from socially disadvantaged environment, adoption of measures to improve school attendance and school results in upper classes, removing language barrier in a nationally mixed territory, and preparation of children at home. The State School Inspection currently monitors how the principle of non-discrimination with focus on Roma children from socially disadvantaged environment is respected and assesses events that could be identified as segregation in education based on ethnic origin, including follow-up steps to be taken with a view to its prevention.

 

70. Financial contribution represents a tool to increase conditions for education of children from socially disadvantaged environment. In 2012, EUR 6,546,000 was allocated to 65,460 children from socially disadvantaged environment. Romani language, literature and history may be included in school curricula subject to the interest of schools. Textbooks are available in both Romani and Slovak language. Two projects on inclusive education and improvement of access of Roma children to pre-school and primary education are currently performed by the Methodology and Pedagogical Centre.

 

L. Adoption of international human rights treaties and cooperation with special procedures of the Human Rights Council (recommendations 1–6 and 22)

 

75. There is a permanent dialogue between Slovakia and the UN monitoring mechanisms. In 2013, the Initial Report on the Implementation of Optional Protocols to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflicts and on the Sale of Children, Child Prostitution and Child Pornography was considered by the Committee on the Rights of the Child. The Committee for the Elimination of Racial Discrimination considered the 9th and 10th periodic report on the Implementation of the International Convention on Elimination of all Forms of Racial Discrimination. By the end of 2013, Slovakia will submit its next periodic report on the Implementation of the Convention on the Rights of the Child and the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment.

 

N. Protection of life, promotion of religious freedom, the right to conscientious objection (recommendations No 31, 55 and 56)

 

78. The right to conscientious objection is guaranteed by law. Medical personnel may not be required to perform an operation or to participate in operation contrary to their conscience, with the exception of cases of immediate threat to life or health. Ethical issues in providing healthcare are reviewed by an independent ethical committee; its mandate is regulated by law. The right to conscientious objection applies exclusively to cases of induced abortions, sterilization and assisted reproduction.

 

 

 

 

I. Background and framework

A. Scope of international obligations 1

 

2. In 2013, the Committee on the Rights of the Child (CRC) urged Slovakia to ratify OP-CRC-IC. 11

 

B. Constitutional and legislative framework

 

3. In 2013, CRC remained concerned that the Criminal Code did not adequately specify all offences under OP-CRC-SC. It recommended that Slovakia revise the draft amendment of the Criminal Code to ensure the full and direct criminal liability of legal persons for offences covered by OP-CRC-SC. 12 Furthermore, CRC requested Slovakia to ensure the full incorporation of the OP-CRC-SC in its domestic legal system. 

 

4. The Human Rights Committee (HR Committee) urged Slovakia to raise awareness of ICCPR among judges, lawyers and prosecutors to ensure that it was taken into account before the domestic courts. The Committee on Economic, Social and Cultural Rights (CESCR) and CRC made similar recommendations regarding ICESCR, 15 and OP-CRC-AC and OP-CRC-SC, 16 respectively.

 

III. Implementation of international human rights obligations, taking into account applicable international humanitarian law

 

B. Right to life, liberty and security of the person

 

26. CRC was concerned that targeted preventive measures against the exploitation of children, including their engagement in forced labour, prostitution and pornography, and measures to identify and address the root causes of the offences remained limited. 

 

27. CRC recommended that Slovakia enact in its legislation explicit prohibition and criminalization of the recruitment or use in hostilities of children under the age of 18 in State Armed Forces and non-State armed groups; and ensure that domestic legislation enables it to establish and exercise extraterritorial jurisdiction over the recruitment and use over all offences under OP-CRC-AC, including the recruitment and use in hostilities of children under the age of 18. 

 

28. CESCR and CRC were concerned at the persistence of human trafficking. 86 CAT was concerned about cross-border trafficking of women for sexual and other exploitative purposes, Roma children trafficked abroad — especially for forced begging, and internal trafficking of Roma women and children. 87 The ILO Committee of Experts on the Application of Conventions and Recommendations (ILO Committee of Experts) also expressed concern at reports of the trafficking of Roma children. 

 

29. In this respect, CRC recommended the effective implementation of the National Plan of Action on Combating Human Trafficking. 89 The ILO Committee of Experts encouraged the Government to pursue its efforts to take comprehensive measures to address the growing phenomenon of the trafficking of children. 90 CESCR recommended that Slovakia pursue cooperative efforts with neighbouring States to prevent and combat human trafficking. 

 

C. Administration of justice, including impunity, and the rule of law

 

35. In 2013, CRC was concerned that the majority of persons convicted of trafficking in 2008 was given suspended sentences and served no time in jail or received prison sentences. It recommended that Slovakia combat the impunity that perpetrators of offences under OP-CRC-SC enjoy.  The ILO Committee of experts made similar observations. CAT recommended that Slovakia investigate promptly and impartially all allegations of human trafficking, prosecute alleged perpetrators and provide reintegration and rehabilitation services to victims. 

 

38. CRC recommended that Slovakia ensure that child victims of offences under OP-CRC-SC are provided with appropriate assistance, including for social reintegration and physical and psychological recovery, and have access to adequate procedures to seek, without discrimination, compensation for damages from those legally responsible; and establish a victim compensation fund. 

 

39. The HR Committee stated that Slovakia should ensure that victims of racist attacks committed by law enforcement personnel are adequately compensated. 

 

40. While noting the initiative to incorporate child victim and witness protection into the criminal procedure law, CRC was concerned that special protection measures in relation to interrogation only covered children younger than 15 years. It recommended that Slovakia consider as mandatory the special protection measures in criminal proceedings for all child victims and witnesses up to the age of 18. 

 

41. CAT was concerned about detention conditions for juveniles, such as solitary confinement for periods up to 10 days, and the placement of juvenile detainees in pretrial detention together with adults. It recommended that Slovakia implement the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules) adopted in 1985 and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty (Havana Rules) adopted in 1990 and ensure that juveniles were held in detention only as a last resort. 

 

H. Right to health

 

54. CESCR recommended that Slovakia ensure that students receive sexual and reproductive health education at school to avert the risks associated with early pregnancy and sexually transmitted diseases. 

 

I. Persons with disabilities

 

56. Concerned by discrimination in schools against children with disabilities, CESCR recommended that Slovakia adopt and apply an inclusive approach to the education of children with disabilities. 

 

J. Minorities and indigenous peoples

 

58. Concerned by the low enrolment rate among Roma children and their persistently high school dropout rate, CESCR recommended that Slovakia put in place a national strategy and plan of action to raise the enrolment rate and lower the school dropout rate of Roma children. 128 UNESCO encouraged Slovakia to continue its efforts to ensure that minorities have access to suitable and affordable education without discrimination. 

 

59. In 2013, CERD was concerned about the ongoing de facto segregation of Roma children in the education sector, and by information that Roma children were dramatically overrepresented in special classes and “special” schools for children with intellectual disability. In 2010, CERD urged Slovakia to bring to an end to and prevent segregation of Roma children in education. It recommended that Slovakia revisit the procedure used to determine which children are to be enrolled in special schools, with a view to avoiding discrimination against Roma based on their cultural identity. 130 The HR Committee and CESCR made similar observations. 

 

K. Migrants, refugees and asylum seekers

 

67. UNHCR stated that, in the foster-care system, many unaccompanied minors and children separated from their caretakers faced challenges in accessing the asylum procedures. For example, often there were delays in identifying a guardian for a child, which could result in delayed access to asylum procedures, as the asylum procedures were only available to children who had a guardian appointed by the court. UNHCR recommended that Slovakia ensure unaccompanied children full access to asylum procedures by adopting measures aimed at eliminating all obstacles that delay or hinder their access to asylum procedures; and that the unaccompanied or separated minors receive legal representation during legal procedures through the provision of a lawyer experienced in asylum law and children’s rights. It also recommended amending legislation concerning age assessment to meet international standards and practices. 

 

68. CRC recommended that Slovakia put in place mechanisms to identify at an early stage children among refugees and asylum seekers who might have been involved in armed conflict in order to ensure their protection, recovery and reintegration. 

 

 

C. Implementation of international human rights obligations

 

2. Right to life, liberty and security of the person

 

15. As noted by CoE, the European Social Charter (CoE-ESC) concluded that not all forms of corporal punishment of children were explicitly prohibited in the home. 22 The Global Initiative to End All Corporal Punishment of Children (GIECPC) stated that despite the Government’s acceptance of the recommendation made during the 2009 review, legislation did not prohibit corporal punishment of children in the home. 

 

17. The Group of Experts on Action against Trafficking in Human Beings of the Council of Europe (CoE-GRETA) considered that the authorities should step up their efforts to reintegrate victims of human trafficking into society. In particular, the authorities should devise specific programmes aiming at the reintegration of victims of human trafficking into the labour market and/or education system and be able to verify the results of these programmes.  JS3 made similar observations. 

 

18. Furthermore, CoE-GRETA considered that more systematic and robust economic, social and educational measures should be taken by the authorities vis-à-vis groups vulnerable to human trafficking based on the identified structural causes of human trafficking (economic and social conditions, poverty, inadequate education, absence of employment opportunities, etc.) and should consist of actions aiming to eliminate these causes. 

 

3. Administration of justice, including impunity, and the rule of law

 

25. CoE-GRETA stated that the authorities should take legislative and practical measures to ensure that compensation is made available to all victims of human trafficking, irrespective of their nationality and residence status. 

 

4. Right to privacy, marriage and family life

 

26. CoE-Commissioner was concerned at the disproportionate representation of Roma children among children placed in institutional care. According to legislation, poverty and material conditions cannot serve as grounds for the removal of children from their families. He noted, however, that those grounds were reported to be the most common reason for child removal. CoE-Commissioner called on Slovakia to ensure that no child is placed in institutional care solely on grounds relating to the poor housing conditions or financial situation of his or her family. 

 

7. Right to health

 

37. JS1 stated that the lack of accurate and comprehensive information on contraceptive methods further inhibited women’s and adolescent girls’ access to modern contraceptives. In many schools, sexuality education was either absent altogether or was inadequate, focusing primarily on reproductive organs and anatomy. 

 

42. CoE-Commissioner urged Slovakia to ensure that all allegations of forced sterilisations of Roma women are investigated promptly, impartially, thoroughly and effectively, and that the perpetrators are prosecuted and punished. Allegations of sterilisations of minors without parental consent must be investigated with the utmost seriousness. He stressed that adequate, effective and prompt reparation, including compensation, should be made available to women who have been sterilised without their full and informed consent, and should also be proportional to the gravity of the violations and the harm suffered. Domestic statutes of limitations, including time limitations applicable to civil claims, should not be unduly restrictive. 

 

9. Persons with disabilities

 

45. JS2 stated that according to the Education Act, the education of children with intellectual and psycho-social disabilities could be provided in three different ways: in special schools; in special classes of mainstream schools; and in mainstream classes. It stated that even if a child with a disability was accepted into a mainstream school, the school had no obligation to provide him or her with reasonable accommodations and individualised support measures. It concluded that in contradiction with the international human rights standards, education was provided for the majority of children with disabilities in special schools, which were segregated from mainstream educational systems and facilities. As JS1 noted, the Education Act and the practice of special education did not

reflect an inclusive education paradigm but rather upheld the paradigm of segregated and isolated education of children with disabilities.  CoE-Commissioner made similar observations. 

 

46. CoE-Commissioner stated that the authorities should consider changing to the existing legal and regulatory framework that would facilitate the enforcement of inclusive education in practice, notably by developing the obligation on schools to reasonably accommodate children with special educational needs. JS2 recommended that Slovakia develop an action plan to prioritise inclusive education for all children in mainstream educational settings and ensure that schools and curricula are adaptable and accessible to all children with disabilities. 

 

10. Minorities and indigenous peoples

 

53. CoE-ACFC noted that children belonging to the Hungarian minority did not have adequate opportunities to learn the Hungarian language in schools with instruction in the Slovak language located in ethnically-mixed areas. In addition, Roma language teaching had not been sufficiently developed. 

 

54. FORUM stated that the schools with Hungarian as the language of instruction were less developed than schools with Slovak as the language of instruction. CoE-CM recommended that Slovakia continue efforts to provide for the teaching of all minority languages at all appropriate levels and improve teacher-training, and set up a body in charge of monitoring the measures taken and progress achieved in minority language education. 

 

55. CoE-Commissioner was concerned that many Roma children continued to receive education of lower quality than their non-Roma peers due to policies and practices resulting in segregation. He noted that there were two main ways in which segregation manifested itself: the disproportionate placement of Roma children in special schools or classes for children with mild mental disabilities; and the assignment of Roma children to Roma-only mainstream schools or classes. CoE-Commissioner stated that in segregated mainstream schools or classes, Roma children ended up receiving a lower standard of education. Teachers in Roma-only classes were reported to often have lower expectations of their students and fewer resources and poorer quality infrastructures at their disposal. 

 

56. In this respect, Amnesty International (AI) regretted the rejection of the recommendations made during the first cycle of the universal periodic review to implement measures to end discrimination of Roma in education and considered that the government had so far failed to effectively address this problem. While AI appreciated that Slovakia made a commitment to increase access by all pupils to inclusive education, specific measures to put this commitment into practice had so far been lacking. As a result, Roma pupils continued to experience discrimination in access to education and continued to be overrepresented in special education and/or in segregated Roma-only education. ERRC stated that government failed to adopt and implement a sound legal framework and appropriate policies to address and combat the disproportionate numbers of Roma children in special and segregated education. AI made a similar observation.

 

57. Furthermore, AI referred to a 2012 decision of the Regional Court in Prešov, which ruled that by placing Romani pupils in separate classes, the elementary school in the village of Šarišské Michaľany had violated the equal treatment principle enshrined in the Anti-Discrimination Act and the Schools Act. The school was requested to change the arrangements. AI noted with concern that the government had so far failed to take measures to ensure that the Court’s definition of ethnic segregation in education was disseminated and promoted so that it was understood by the relevant authorities responsible for its implementation, both at national and local levels. 

 

58. AI was also concerned that schools lacked the necessary support to address existing cases of segregation and that some authorities such as the State School Inspectorate lacked the ability, power, resources and will to effectively monitor occurrence of ethnic segregation in schools. 

 

59. As CoE noted, CoE-ECRI, in 2009, recommended that in order to combat the de facto segregation of Roma children the authorities provide incentives, including financial ones, to local authorities to draw up and implement action plans to desegregate schools in their areas. In respect to this recommendation CoE-ECRI, in 2012, stated that the situation of the Roma in the school system remained unchanged and concluded that its recommendation had not been implemented. 

 

60. CoE-CM and CoE-ACFC recommended that Slovakia take resolute measures to put an end, without further delay, to the continuing segregation of Roma children at school and their unjustified assignment to “special” schools; and strengthen efforts to ensure adequate inclusion of Roma children into mainstream education. AI recommended that Slovakia effectively implement the prohibition of discrimination as enshrined in the Anti- Discrimination Act and the Schools Act; adopt and operationalize a definition of what acts amount to “segregation” in education, utilizing the definition of segregation provided by the case law of the European Court of Human Rights and of the Prešov Court; and disseminate and promote it in all relevant education and monitoring authorities.