Human Rights Committee

List of issues prior to submission of the fifth periodic report of Slovakia *

A.General information on the national human rights situation, including new measures and developments relating to the implementation of the Covenant

1.Please provide information on the measures taken to implement the recommendations contained in the Committee’s previous concluding observations, including any relevant statistical data. Please also provide information on any significant developments in the establishment of a national mechanism to ensure that the Committee’s recommendations and Views are widely disseminated and effectively implemented.

2.Please report on any other significant developments in the legal and institutional framework within which the human rights enshrined in the Covenant are promoted and protected that have taken place since the adoption of the previous concluding observations.

B.Specific information on the implementation of articles 1 to 27 of the Covenant, including with regard to the previous recommendations of the Committee

Constitutional and legal framework within which the Covenant is implemented (art. 2)

3.Please provide information regarding the measures taken to give full effect to the provisions of the Covenant in national legislation and to continue raising awareness of the Covenant among legal practitioners, such as judges, prosecutors and lawyers, and among the general public. Please provide examples of cases in which the Covenant has been invoked and implemented by national courts.

4.In the light of the previous concluding observations (para. 9), please provide information regarding the measures adopted to expand and strengthen the scope of the mandate of the Slovak National Centre for Human Rights and to ensure that it can carry out its mandate fully and independently and in accordance with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles).

Non-discrimination (arts. 2, 14 and 26)

5.With reference to the previous concluding observations (para. 11), please provide information on the legislative and policy measures adopted to address discrimination, including direct, indirect and intersectional discrimination. Please also describe the measures adopted to raise awareness about the protection framework for victims of discrimination and to facilitate effective access to justice for them, including by identifying and overcoming the obstacles responsible for the low number of disputes settled and the low number of cases in which compensation has been awarded to victims of discrimination.

Hate crime, hate speech and increasing radicalization in political discourse and in the media (arts. 2, 20 and 27)

6.In view of the previous concluding observations (para. 13), please report on steps taken to address hate crime, hate speech and radicalization in political discourse, the media and online, including by ensuring that all racially motivated crimes are investigated, perpetrators are prosecuted and, if convicted, are punished, and victims are compensated. Please provide information on measures taken to prohibit advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence, and on measures to promote tolerance and inclusion of minorities. Please provide information on the measures that have continued to be implemented to counter hate speech and stigmatization against Roma, Muslim and other minorities.

Discrimination against lesbian, gay, bisexual and transgender persons (arts. 2 and 26)

7.Recalling the previous concluding observations (para. 15), please describe the measures taken to eradicate and prevent all forms of discrimination in all spheres of life, as well as to combat stigmatization, harassment and violence, including hate speech, against persons on the basis of their sexual orientation or gender identity. Please provide information on the progress made in developing and implementing a procedure for legal gender recognition that is compatible with the provisions of the Covenant, as well as in improving the accessibility of health care in relation to transition. Please also provide information on measures taken to provide protection and legal recognition to those in same-sex relationships.

Discrimination against and exclusion of Roma (arts. 2, 3, 24, 26 and 27)

8.With reference to the previous concluding observations (para. 17), please describe the measures adopted to ensure non-discriminatory access to public services in all fields and at all levels for members of the Roma community, including effectively combating and preventing any residential, educational and health care-related segregation. Please also provide information on the measures adopted against multiple forms of discrimination endured by Roma women, and information on measures adopted to improve access to justice for Roma people.

9.Also in reference to the previous concluding observations (para. 19), please provide information regarding the efforts made to ensure non-discrimination in the education of Roma pupils and students, as well as to increase their integration into mainstream education. Please also provide information on the measures taken to address stigmatization and prejudice against Roma communities and pupils and students.

Gender equality (arts. 2, 3, 25 and 26)

10. Recalling the previous concluding observations, please describe the measures taken to increase the participation of women in the public and private sectors, including in high‑level and managerial positions. Please also provide information on the measures taken to address stereotypes and biases concerning social and family roles of women and men.

Violence against women and girls, including domestic violence (arts. 2, 3, 6, 7 and 26)

11.In view of the previous concluding observations (para. 23), please provide information on the measures adopted to combat and prevent violence against women and girls and domestic violence, including the ratification of international instruments; and to ensure that victims of violence have adequate access to protection and assistance. In this regard, please provide information on the impact of the Act on Victims of Crime and on the National Action Plan for Prevention and Elimination of Violence Against Women for 2022–2027. Please also inform the Committee about measures taken to encourage and facilitate the reporting of cases; and to ensure that perpetrators of violence are prosecuted and, if convicted, punished with adequate sanctions, and victims are compensated.

Sexual and reproductive rights (arts. 2, 3, 7, 17 and 26)

12.Recalling the previous concluding observations (para. 27), please provide information on the measures adopted to establish an independent body to investigate the full extent of the practice of the illegal sterilization of Roma women without informed consent between 1966 and 2004, and to provide reparation to the victims. Please provide information on the measures taken to ensure effective access to sexual and reproductive health information and services, including access to safe abortions and contraceptives.

Prohibition of torture and cruel, inhuman or degrading treatment and of the excessive use of force (arts. 7 and 10)

13.With reference to the previous concluding observations (para. 29), please provide information on the measures adopted to strengthen the Department of Control and Inspection Service as well as to ensure its independence to carry out investigations of alleged misconduct by police officers. Please provide disaggregated data on the gender, ethnicity and nationality of victims of the alleged instances of excessive use of force, torture and ill-treatment by law enforcement officers, as well as information on the number of investigations carried out, on the number of prosecutions and convictions of perpetrators, and on the compensation provided to victims, including victims in the context of the raid in the settlement of Budulovská in Moldava nad Bodvou on 19 June 2013. Please also provide information on the intended measures to include a definition of torture in the national legislation and to ensure that the penalties for torture are commensurate with the gravity of the crime. Please provide information on training programmes for law enforcement officers on torture and ill‑treatment, as well as on the extent to which the Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Istanbul Protocol) and the Principles on Effective Interviewing for Investigation and Information-Gathering (Méndez Principles) have been integrated.

Treatment of persons deprived of their liberty and conditions of detention (arts. 7 and 10)

14.Please provide information on the measures taken to ensure that persons deprived of their liberty enjoy all legal safeguards from the outset of their deprivation of liberty – including access to a lawyer and the possibility to communicate the deprivation of liberty to relatives or any other person of their choice. Please provide information regarding the measures adopted to improve the material conditions in prisons and holding cells as well as to ensure that the treatment of persons deprived of liberty fully adheres to the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) and the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules).

Treatment of aliens, including refugees and asylum-seekers (arts. 7, 9, 10, 12, 13, 24 and 26)

15.In view of the previous concluding observations (para. 31), please provide information on the annual number of asylum-seekers and irregular migrants detained, including families with children and unaccompanied children, on the average length of detention, and on the use of alternatives to detention. Please provide information on measures adopted to end the detention of families with children on account of their immigration or asylum status, and on the alternatives to detention implemented. Please provide information on the measures adopted to provide assistance and protection to persons fleeing from the conflict in Ukraine, and in particular to vulnerable groups; as well as to asylum-seekers and migrants from other countries. Please provide information on the measures taken to establish a statelessness determination procedure.

Access to justice, independence of the judiciary, and fair trial (art. 14)

16.Please provide information on the measures taken to increase the efficiency, integrity and accountability of the justice system, including information regarding the judicial reform process; as well as the steps taken to address the excessive length of court proceedings. Please provide information on the measures taken to ensure that the procedures for the selection, appointment, promotion, transfer and removal of judges and prosecutors are transparent and impartial.

Elimination of slavery, servitude, and trafficking in persons (arts. 7, 8 and 26)

17.Please provide information on the measures taken to fight human trafficking, forced labour and servitude, including through forced marriages. Please provide information on measures adopted to improve the identification of victims and their access to justice; to conduct effective investigations; to prosecute and sentence those responsible with sanctions proportionate to the gravity of the offence; to provide adequate protection to vulnerable groups, including Roma women and girls; and to provide adequate assistance and compensation to victims.

Freedom of thought, conscience and religious belief (art. 18)

18.Please provide information on the measures taken to ensure that registration requirements for religious groups are not discriminatory, and that such requirements do not represent a disproportionate limitation on freedom of religion and the right to manifest religion.

Freedom of expression (art. 19)

19.Please provide information on the measures taken to decriminalize defamation and to ensure that sanctions in civil defamation cases are proportionate, and do not lead to self‑censorship. Please provide information on the measures taken to protect journalists and human rights defenders against any form of surveillance, intimidation, harassment, or attack; and to promptly investigate all such attacks and bring those responsible to justice.

Corporal punishment (arts. 7 and 24)

20.With reference to the previous concluding observations (para. 35), please provide information on the measures taken to put an end to corporal punishment, to encourage alternative forms of discipline, and to conduct public information campaigns to raise awareness about the harmful effects of corporal punishment.