Annual Report on Activities of the Slovak National Centre for Human Rights 2004

Transcription

1 Annual Report on Activities of the Slovak National Centre for Human Rights 2004 Name: Slovak National Centre for Human Rights Registered office: Kýčerského 5, Bratislava PSČ Telephone: 02/ Fax: 02/ Statutory representative: Executive Director JUDr. Viera Mrázová, CSc. Managing and inspection body: Administrative Board Chairperson of the Administrative Board Ing. Mária Sabolová Main activities: Monitoring Research Education Legal services Project creation Information-documentation services The Slovak National Centre for Human Rights is an independent legal person founded on the basis of an Act of the National Council of the Slovak Republic; Act no. 308/1993 Coll. on establishment of the Slovak National Centre for Human Rights (hereinafter referred to as the Act on establishment of the Centre or Act no. 308/1993 Coll. ) entered into force on 1 January In accordance with the Agreement between the United Nations and the Government of the Slovak Republic signed in Geneva on 9 March 1994, the Centre received financial assistance during the first 20 months of its existence from the Government of the Slovak Republic and from the United Nations, and thereafter from the Government of the Slovak Republic.

2 Additional responsibilities of the Government of the Slovak Republic under the abovementioned Agreement are to provide appropriate premises for the Centre and to ensure the legal and operational independence of the Centre. The Centre acquires financing for its activities also from extra-budgetary sources, and one of its main activities in this respect is project work. This was already extensive by 2004 since the Centre would otherwise not have been able to meet its tasks as laid down by the Act on establishment of the Centre as amended; some tasks would not have been performed at all (for example, research, education, information campaign against discrimination), and others not to the required level. On 1 June 2003, Act no. 136/2003 Coll. entered into force as the first law to amend the Act on establishment of the Centre. The scope of tasks was expanded to encompass the monitoring and assessment of the observance of human rights and fundamental freedoms (including the rights of children), and the annual drafting and publication of a report on the observance of human rights in the Slovak Republic during the previous calendar year. A second amendment to the Act on establishment of the Centre (Article II of Act no. 365/2004, the Anti-Discrimination Act) expanded the Centre s tasks to include the monitoring and assessment of the observance of the principle of equal treatment according to the Anti- Discrimination Act; gathering and providing upon request information on racism, xenophobia and anti-semitism; participation in information campaigns aimed at increasing tolerance in society; ensuring legal aid for victims of discrimination and expressions of intolerance; issuing expert standpoints on matters relating to the observance of the principle of equal treatment; and the authority to represent a party in proceedings relating to the violation of the principle of equal treatment. THE CENTRE S MISSION AND MID-TERM OUTLOOK Mission of the Centre The Centre is an independent legal person that performs tasks in the area of human rights and basic freedoms, including the rights of children. In this respect, the Centre in particular: 2

3 a) monitors and assesses the observance of human rights and the observance of the principle of equal treatment according to a separate law; b) gathers and provides upon request information on racism, xenophobia and anti-semitism in the Slovak Republic; c) carries out research and surveys on the provision of information in the area of human rights, and gathers and disseminates information in this area; d) prepares educational activities and takes part in information campaigns aimed at increasing tolerance in society; e) ensures legal aid for victims of discrimination and expressions of intolerance; f) issues at the request of natural or legal persons, or at its own initiative, expert standpoints on matters relating to the observance of the principle of equality of treatment according to a separate provision; g) provides library services; and h) provides services in the area of human rights. A key competence of the Centre is the authority to represent a party in proceedings relating to the violation of the principle of equal treatment, as well as to gather information on the observance of human rights from courts, prosecutors, other state bodies, bodies of territorial selfgovernments, bodies of self-governing interests, and other public institutions. The Centre may also request information on the observance of human rights from nongovernmental organizations operating in the field of human rights, and may agree with them the method of providing such information. Every year, not later than 31 January, the Centre shall draft and publish an annual report on the observance of human rights in the Slovak Republic during the previous year. The report shall be published on the internet and may also be published in national print media. The Centre s mid-term outlook In coming years, the Centre will be aiming above all to strengthen the legal consciousness of Slovak citizens and other people living in the territory of the Slovak Republic (for example, foreigners, asylum-seekers, and so on) with regard to the protection of human rights and implementation of the principle of equal treatment. Education in human rights within the fight 3

4 against discrimination will largely be in the form of courses, seminars, workshops supplemented with audiovisual aids for different target groups (for example, young people, public sector and civil service employees, employees of territorial self-governments, employers, disabled people, Roma fellow citizens, people of different sexual orientation, as well as NGOs active in the protection of human rights, media representatives, and so on). On the basis of the European Commission s decision of 29 October 2004 on a financial contribution, a project was launched at the end of 2004 entitled Development of regional structures for implementing the Anti-Discrimination Act. Its aim is to strengthen the institutional and administrative capabilities of the Centre as a Slovak body for the promotion of equal treatment (Article 13 Council Directive 2000/43/EC), in order to improve effective monitoring and implementation of the principle of equal treatment in Slovak regions. In this regard, there should be established seven regional offices. In the first phase (year 2005), needs assessments at the regional level should be carried out in cooperation with foreign experts, and there will be training of the Centre s regional employees prior to the establishment of regional offices. In the following period, the Centre will focus on managing processes so that, together with the newlyestablished offices, it is an institution operating efficiently and effectively throughout the Slovak Republic. One of the Centre s main goals, in accordance with recommendations of the UN Committee on the Rights of the Child and the National Action Plan for Children, is to set up a special body mandated to monitor on a regular basis the observance of children s rights in the Slovak Republic, to participate in research activities relating to children s rights, and to provide legal advice, legal aid and educational activity in the area of children s rights. In this respect, part of the Centre s activities will include cooperation with international organizations operating in the area of children s rights. The Centre s Library has since the beginning of 2005 been duly registered at the Slovak Ministry of Culture as a specialist library that serves not only the Centre, its founder, but also organizations, institutions, professional public and the general public especially those people who, because of their social, health or other status, do not have access to information, legal advice, or legal aid and who believe they have suffered a violation of human rights or the principle of equal treatment. Over the mid-term, efforts will be made to expand the library fund and build it up more systematically, to draft summaries, to cooperate with other libraries in 4

5 Slovakia and abroad, and gradually to provide access to information through library-information services and new information technologies. The Centre will present itself more intensively by means of its online publishing activity, assisted by a simple editing or publishing system together with application installation, design innovation, and regular updating of the website. ACTIVITIES OF THE CENTRE Research activities In 2004, the Centre carried out the project Field research into the observance of the rights of children from Roma settlements with regard to their discrimination and specific problems, as one of the projects conducted under the Action Plan for Preventing All Forms of Discrimination, Anti-Semitism and Other Displays of Intolerance for the Period The Centre conducted this research in conjunction with Slovakia s Office of the Government Plenipotentiary for the Roma Community as well as other institutions and organizations. The aim of the research was to acquire information on the observance of children s rights as set out in the Convention on the Rights of the Child; to expose the violation of the rights of children from Roma settlements with regard to their specific problems; and to describe the context in which the rights of this vulnerable group of children are observed or violated (identification of the current situation and its causes by those who are in contact with this group through their professional work). The Centre wishes to use investigative research and advisory research for an objective and constructive discussion with competent bodies, with the goal of proposing possible solutions. Educational activities The Centre s educational activities in 2004 were oriented on the preparation and realization of two series of expert seminars, organized by the Centre in cooperation with the Association of Towns and Communities of Slovakia. Both projects for these activities were incorporated into the Action Plan for Preventing All Forms of Discrimination, Anti-Semitism and 5

6 Other Displays of Intolerance for the Period , with focus on the observance by communities of certain social rights and rights governed by the Constitution and legislation. Of special significance was a conference on the theme Education in human rights within the fight against discrimination, held on 9 December 2004, with which the Centre launched a series of national activities in the fight against discrimination. The conference took place under the auspices of Pál Csáky, Slovakia s Deputy Prime Minister for European Affairs, Human Rights and Minorities. The conference programme was divided into three panels: Banning discrimination through the law of the European Union and the laws of Visegrad Four countries; The role of the ombudsman in creating legal awareness among the public; and Education in human rights from the perspective of Visegrad Four countries. Within the programme, there were 17 contributions from experts working for the protection and support of human rights in the Czech Republic, Hungary, Poland, the Slovak Republic and Belgium, as well as a contribution from a representative of the European Commission Directorate-General for Employment and Social Affairs. The discussions of individual panels were joined by invited representatives of state bodies, public institutions, the academic community, and NGOs. The individual contributions will be compiled and published on the Centre s website. The conference provided an optimal forum for effective discussion at the international level. Legal services The approval of Act no. 365/2004 Coll. on equal treatment in certain areas and on protection against discrimination (Anti-Discrimination Act) widened the Centre s authority and as well its tasks in the area of legal services. Its tasks were expanded to include ensuring legal aid for victims of discrimination and expressions of intolerance and issuing expert standpoints on matters relating to the observance of the principle of equal treatment. The Centre provided legal advice and legal aid in matters relating to discrimination, expressions of intolerance, and the violation of the principle of equal treatment, as well as in other cases where rights were violated. According to the Anti-Discrimination Act, the Centre is authorized to represent a party in proceedings relating to the violation of the principle of equal treatment. In 2004, the Centre did not receive a request to perform this function. In 2004, the Centre received more than 150 letters and 55 s from natural and legal persons requesting legal aid. It also provided advice in more than 280 telephone calls and 6

7 received visits in person from 80 Slovak citizens and five foreigners. The Centre provided legal advice and guidance to 13 citizens who complained about violation of the principle of equal treatment according to the Anti-Discrimination Act. Where necessary, the Centre requested information for particular cases from state bodies, bodies of territorial self-governments, and other public institutions. Similar requests were made to employers/private companies, and to businesspeople who accepted cooperation with the Centre in the interest of reaching an objective solution to the given matter. At the request of parties to court proceedings, the Centre drafted three expert standpoints and prepared a petition for legal action in a case where the violation of the principle of equal treatment concerned employment disputes. At the time of publication, the Centre knew of no court in the Slovak Republic that had issued a final decision on a matter relating to the violation of the principle of equal treatment; however, following approval of the Anti-discrimination Act, it registered a marked rise in requests for help from citizens. Based on information acquired from discussions with citizens, and after evaluating written submissions, it may be stated that expressions of discrimination in 2004 took place above all in the context of employment relations, as well as in the provision of goods and services and in the social area. The Centre was registered as a member of the European Network of Specialised Equality Bodies (EuroNEB). The goal of the project is to ensure a consistent and common interpretation and application of European legislation in the fight against all forms of discrimination. Through this cooperation, the Centre will acquire and share experience of how national and European antidiscrimination legislation is applied in individual Member States of the European Union. The Centre was asked by the European Commission to enter its identification information in the EC s contact database. By this registration, the Centre is able to receive regular information on the latest trends and developments in the Community Action Programme to Combat Discrimination, and also to keep in contact with other registered members. Within the development of international cooperation, the Centre has acted on an offer to cooperate more closely with the Equality Commission for Northern Ireland. Project Creation 7

8 The Project Management Section of the Slovak National Centre for Human Rights was established on 1 October Section staff: I. They cooperated closely with the Government Office of the Slovak Republic and the Central Contracting Unit of the Ministry of Finance to draft materials for the project Development of regional structures for implementing the Anti-Discrimination Act, realized within the framework of the EU Transitional Fund. Project objective: To strengthen the Centre s project and administrative capacities. Project activities: 1. Identifying needs at the regional level. 2. Establishing seven regional offices; their staff cooperate with the staff of the Centre in Bratislava and with other professionals, and create a advisory and monitoring network at the regional level. 3. Training for new staff who are to work in the regional offices. Project duration: 1. Preparatory phase: November 2004 to May Implementation phase: May 2005 to June Verification of the conduct of advisory services: July 2006 to December 2006 The Centre did not incur any costs on this project in II. They drew up a detailed schedule for implementing the information campaign project Preventing discrimination ; the Project Steering Committee was set up - including a representative of the national sponsor, the Slovak Republic s Ministry of Labour Social Affairs and the Family - and it gradually began to carry out the project. The campaign is being conducted in conjunction with the European Union s Community Action Programme. Campaign duration: Preparatory phase: November to December

9 Campaign launch: 9 December 2004, at a national conference with international participation entitled Education in human rights within the fight against discrimination. Length of campaign: January to May 2005 Campaign activities: Educational part: National conference with international participation entitled Education in human rights within the fight against discrimination ; a representative and working conference, which marked the official start of a series of activities in the information campaign. Four one-day seminars focused on raising awareness among target groups, putting the Anti-Discrimination Act into practice, and the means of legal protection against violation of the principle of equal treatment. Each seminar shall be held in each of the eight regions (VÚC), for a total of 32 seminars (discussion groups): o seminar for employers (in cooperation with the Association of Employers Associations); o seminar for secondary school students (supported by a competition and by activities on the Centre s website); o seminar for representatives of territorial self-governments; o seminar for small regional NGOs. Concluding seminar for journalists. Media campaign A series of articles in regional and national periodical press. Screening of films on the issue of discrimination and intolerance through a network of selected film clubs and regional television stations. Radio and television interviews, expert discussions on selected issues. 9