UPR Sexual Rights Database

National Report:
Para 4) As for prevention and elimination of violence against women, several measures have been adopted in line with the National Action Plan for the Prevention and Elimination of Violence against Women 2014-2019.
Para 15) The adoption of the Victims Act also resulted in amending the provisions of CC laying down a special motive (§140). In the case of selected criminal offences, having the characteristics of a special motive warrants the use of heavier sentences. The previous provisions related to special motive in §140e established that a criminal offence is committed out of a special motive if it is committed out of hatred towards a group of persons or an individual for their actual or assumed membership of a race, nation, nationality, ethnic group, for their actual or assumed origin, colour, sexual orientation, political opinion or religion. The amendment to the CC also added sex to the definition of a reason for hatred.
Para 58) Reports of alleged inhumane treatment or use of violence against arrested, detained or accused persons by members of the PF are duly examined and investigated by an investigator or an authorised member of the PF of the Office of Inspection Service of the Section of Control and Inspection Service of the MI SR regardless of sex, race or ethnic origin of the aggrieved persons.

National Report Annex 1:
The Act on Crime Victims became effective on 1 January 2018. The Act introduces basic concepts such as ‘victim’, ‘particularly vulnerable victim’, or ‘domestic violence crimes’ into the legal system. A domestic violence crime is, among other things, a crime committed by using violence or the threat of violence against a spouse, former spouse, partner, former partner, parent of the same child or to other person who lives or lived in the same household. Particularly vulnerable persons are also persons who are victims of domestic violence crimes.

The adoption of the Act on Crime Victims also resulted in amending the provisions of the Criminal Law laying down special motive (§140). In the case of selected criminal offences, having the characteristics of a special motive warrants the use of heavier sentences. The amendment to the Criminal Law also adds sex to the definition of a reason for hatred.

Domestic violence is a criminal offence in the Slovak Republic. The interpretation of these unlawful acts covers all possible situations, while respecting the international definition of this criminal offence. Besides domestic violence crimes, the Criminal Law specifically defines sexual violence crimes, as well as rape, which also includes marital rape. The Slovak legal system does not tolerate any form of rape during marriage.

In recent years, a series of amendments amending a number of provisions of the CL, the Criminal Code and other laws, which were substantially related to prosecution of violence against women including domestic violence, have been adopted in the Slovak Republic. One of the measures is evicting the offender from the shared household. The period of time a police officer is authorised to evict a violent person for has been extended from 48 hours to 10 days. The eviction includes the obligation of an evicted person not to approach the person under threat closer than the distance of 10 metres.
The project of establishing the Coordination-Methodological Centre for Gender-Based and Domestic Violence (CMC) remains one of the key projects in the field. The CMC was officially established in 2015. The main objective is to create, implement and coordinate a comprehensive national policy in the field. The CMC set up an expert team responsible for professional coordination and supervision of systematic prevention and intervention to support victims and to provide services in the field of violence against women and domestic violence. The CMC ensures professional coordination of activities through methodological guidelines on providing services in the field of primary prevention and elimination of violence against women and their children, and creates conditions for multi-institutional cooperation.
The recommendation has been implemented.

UN Compilation:
Para 53) Several treaty bodies noted the adoption of the National Action Plan for the Prevention and Elimination of Violence against Women 2014–2019. CEDAW noted with concern, however, the prevalence of gender-based violence and harmful practices against women, the underreporting of such violence and the low numbers of prosecutions and convictions of perpetrators, the limited application of protection orders by the police and the lack of a coordinated system for preventive measures and victim assistance in cases of gender-based violence.

National Report:
Para 34) Combating trafficking in human beings, including assistance to victims has been among priorities of the Ministry of Interior for a long time. Since 2006, the policy against human trafficking is guided by the National Programme of Combating Trafficking in Human Beings. Programme for the Promotion and Protection of Victims of Human Trafficking is part of the national programme. In line with the principle of equality and non-discrimination, victims are provided with services according to their individual needs on an equal basis, i.e. regardless of their nationality. Additional measures are applied towards victims' foreigners with respect to language barrier, legalization of residence and voluntary return to the country of origin.

Para 35) Complex assistance is provided to victims of human trafficking during the period of emergency assistance and 90-day period of recovery respectively. The assistance may be extended to the whole criminal proceedings subject to victims'appoval; if needed the assistance may be provided during 90-day reintegration process following the criminal proceedings. As a first step, victims are isolated from criminal environment. They are also provided with assistance in voluntary return to Slovakia, 90-day period of emergency assistance, financial and social assistance, psychological treatment, therapy, legal assistance, healthcare services, re-qualification trainings, and 90-day period of reintegration.

Para 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).

Para 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.

National Report:
Para 8) The ratification process for the OP-ICESCR … is under way.