UPR Sexual Rights Database

National Report:
Para 53) In 2005, Slovakia adopted legislative measures with respect to the rights of patients to comply with international standards. Women allegedly affected by shortcomings in connection with sterilization prior to 1 January 2005 can seek compensation before the courts in civil proceedings. In relation to the call for the thorough investigation of all cases of forced sterilizations, Slovakia refers to the report of the Council of Europe Commissioner for Human Rights on Slovakia of March 2006 (CommDH(2006)5) stating that considerable effort has been made to investigate allegations about involuntary and forced sterilizations of Roma women in Slovakia. A professional medical inspection was established beyond the framework of criminal investigation, and an expert opinion of the Faculty of the Medicine of the Comenius University in Bratislava was requested. It was not confirmed that the Government supported an organized discrimination sterilization policy. The Government adopted legislative and practical measures with a view to eliminate administrative shortcomings identified during the investigation, and to prevent similar situations from occurring in the future. In his findings, the Commissioner did not require Slovakia to conduct any further investigation. His recommendations were only related to the issue of compensation of victims of violations according to the European Convention on Human Rights (ECHR) as a result of performing illegal sterilizations.

Para 54) The European Court of Human Rights (ECtHR) delivered judgments against Slovakia in three cases related to sterilization of women without their informed consent (V.C. against Slovakia (judgment of 8 November 2011 which became effective on 8 February 2012), (N.B. against SR (judgment of 12 June 2012 which became effective on 12 September 2012) and (I.G., M.K. and R.H. against Slovakia (judgment of 13 November 2012 which became effective on 29 April 2013). In the case of V.C. against Slovakia, the ECtHR did not require national authorities to initiate criminal proceedings on their own initiative, as it did not find that medical staff acted with the intention of ill-treatment of the applicant. The ECtHR declared non-violation of procedural part of Article 3 of the ECHR in the case of V.C. against Slovakia related to the inefficiency of the investigation. Similarly in the case of N.B. against Slovakia, the ECtHR did not accept the applicant's allegation on ineffective investigation of her sterilization. It stated that the complaint had been reviewed at three levels of proceedings, and the General Prosecutor acknowledged that the applicant had been sterilized contrary to the relevant law, as her legal representative had not given consent. The ECtHR only concluded that Article 3 of the ECHR in its procedural part had been violated in the case of I.G., M.K. and R.H. against Slovakia, namely due to the particular subject-matter of the case. The ECtHR stated that the manner in which national authorities had been acting was not in compliance with the requirement of promptness and reasonable expedition. The submitted evidence did not, however, convince the ECtHR that it could have been a part of an organized policy, or that the behaviour of the medical staff had been racially motivated. The rulings of the ECtHR in these cases did not confirm the allegations of numerous illegal sterilizations of Roma women.

Para 55) Measures applied by Slovakia in relation to the execution of the judgments (legislative and other) are currently supervised by the Committee of Ministers of the Council of Europe. The applicants were paid the financial compensation awarded by the ECtHR. Judgments in the case of V.C. and N.B. against Slovakia were sent to the President of the Constitutional Court and to Presidents of all District and Regional Courts. The agent before the ECtHR familiarises judges and prosecutors with the judgments as a part of educational activities. For domestic courts, the judgment in the case of V.C. against Slovakia (as well as the other two cases) provides an important guidance on reviewing claims for compensations for women affected by sterilization and on awarding compensations.

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 44) In cooperation with the relevant partners, the Government carried out activities aimed at increasing the number of women in top-level positions and in decision-making in business and their empowerment in science and research. Among other things, the OEO organised a conference on the role of management in shaping non-discriminatory policies, together with eliminating gender-based discrimination; it conducted a survey on gender balance in decision-making positions in the business sector, organised a press conference "Have we really tapped the full potential?", which focused on gender imbalance in decision-making positions, published a brochure under the same title, and cooperated with the Managers' Association - Women Managers' Section on drafting guidelines for encouraging equality in decision-making business positions.

Para 45) Legislation stipulating a minimum quota of women and men on candidate lists contributed to an increased share of women in political decision-making positions. A draft law amending the NA Elections Act is being considered; it envisages at least a 40% share of women and men on candidate lists and amends the rules on the composition of candidate lists. With the parliamentary elections on 4 December 2011, the share of women deputies increased considerably and women account for a third of all deputies in the NA. On 27 February 2013, a woman was elected Prime Minister for the first time.

Para 46) Following the 2010 local elections, the OEO commissioned an analysis to examine the impact of gender quotas on the electability of women. In the 2010 elections, 11.95% of women stood for mayor and 10 were elected (5%). The share of women on candidate lists for a seat on town and municipal councils has increased to 38%, with 23.26% having been elected. In areas where the Roma community autochthonously resides, one female councillor was elected among 18 Roma councillors. The OEO co-funded an analysis of the impact of electoral districts on the electability of women to the NA. In 2011, it organised a Mentoring Day with a Female Politician in cooperation with the Government, the NA and the universities of Ljubljana, Maribor and Primorska.

UN Compilation:
Para 35) CEDAW expressed regret that Slovenia had not taken steps to increase the number of women mayors in the country.

Stakeholder Summary:
Para 44) OSCE/ODIHR stated that the representation of women in political life has been low but has increased slowly over the past decade and that following the full implementation of a gender quota in the 4 December 2011 election, the percentage of women elected increased to 31 percent, as compared to 13 percent after the 2008 elections.