Slovak National Centre for Human Rights

Overview

The Slovak National Centre for Human unites the mandate of a sole National Human Rights Institution and National Equality Body in Slovakia. It comprises of number of human rights and legal experts motivated to protect, promote human rights and provide legal assistance to victims of discrimination and manifestations of intolerance in Slovakia as stipulated in its mandate.

Brief history

The Slovak National Centre for Human Rights (Centre) was established by the Act of the National Council of the Slovak Republic No 308/1993 Coll. adopted by the National Council of the Slovak Republic on 15 December 1993 on Establishment of the Slovak National Centre for Human Rights (Act on the Establishment of the Centre), which entered into force on 1 January 1994. The Centre’s activities and its position are extended by the Act No. 365/2004 Coll. on Equal Treatment and Protection against Discrimination (Antidiscrimination Act). By adopting this Act, Slovakia incorporated into its legislation the EU antidiscrimination directives. The Centre is the only institution with legal competencies within the field of protection and promotion of the principle of equal treatment. 

Governing laws and regulations

Mandate

Sectors covered

Private, Public

Legal standing before the courts

Amicus curiae brief or similar, Intervention in support of a party, Representing victims of discrimination before the courts

Functions

• Carrying out specialist research on equality and non-discrimination
• Making recommendations on claims of discrimination [or other decisions on the merit that are not legally binding]
• Organising awareness raising and communication activities
• Organising training, advising and capacity-building activities for particular stakeholders on meeting their obligations
• Networking with relevant entities in the country and internationally
• Advising government on the development, adoption and amendment of law and policy

Fields and grounds

Other grounds

Nationality, Marital Status, Skin Colour, Language, Political or Other Affiliation, National or Social Origin, Property, Reporting of Criminality or Other Antisocial Behaviour

Other functions

Other

Other mandates of the institution

Multi-mandate equality body

National human rights institution

Institution

Management and Appointments

Management

Single headed equality body (led by director or ombudsman/commissioner)

Executive Director (ED) is a statutory body, who controls and oversees the Centre´s activities, elected and recalled by the Administrative Board. ED accounts to AB for the operation of the Centre; due economy and accounting; performance of decisions of AB; preparation of annual reports on the observance of human rights, annual reports on the activities of the Centre, the financial statement of the Centre and annual financial report.

Procedure for nomination and appointment of management and board

The Executive Director (a statutory body of the Centre) is elected and recalled by the members of the Administrative Board (AB) for a three-year tenure following proposals submitted by the members of AB. Article 3b (2) of the Act No 308/1993 Coll. on the Establishment of the Centre specifies that an unimpeachable person with education of second grade and active in the area of protection of human rights or children´s right can be elected as the Executive Director. A person is considered unimpeachable in case he/she has not been lawfully sentenced for a deliberate criminal act or for a criminal act for which the person was imposed an unconditional sentence of imprisonment. The unimpeachability is to be shown by an extract from the Criminal record not older than three months. The same person may be elected as the Executive Director for not more than two consecutive tenures. The performance of a position of Executive Director terminates by expiring of the tenure, by resignation, by recalling by AB due to a failure to perform his/her duties for more than six months or due to a serious violation of obligations of the Executive Director, in case of death of an Executive Director, by recalling due to his/her lawful conviction for a deliberate criminal act or a criminal act for which he/she was imposed an unconditional sentence of imprisonment.
Article 3a (1) of the Act No 308/1993 Coll. on the Establishment of the Centre specifies the composition of AB of the Centre. The AB consists of 9 members selected from persons enjoying natural authority and trust in the field of protection of human rights. Members of the AB comprise the members appointed by the President of the Slovak Republic, Speaker of the National Council of the Slovak Republic, Public Defender of Rights, Dean of the Faculty of Law of the Comenius University in Bratislava, Dean of the Faculty of Law of the University of Pavol Jozef Šafárik in Košice, Dean of the Faculty of Law of the University of Matej Bel in Banská Bystrica, Dean of the Faculty of Law of the University of Trnava, Prime Minister of the Government of the Slovak Republic following the proposal of non-governmental organizations; procedure of submitting a proposal to appoint a member of the Administrative Board is determined by the Prime Minister of the Government of the Slovak Republic, Minister of Labor, Social Affairs and Family of the Slovak Republic. Each of the listed appoints one member.
The criteria for choosing an appointee for the AB are set by the given institution which chooses the nominee. However a nominee for the AB of the Centre has to be a person who is active in the field of human rights, upright with a good moral character. The tenure of a member of the Ab is three years and commences on the date given in the letter of appointment. The letter of appointment of a member is delivered to the Centre by the person appointing the given member. The reappointment of the member is possible and the same person may be appointed for a member of the AB for not more than two consecutive terms of office. The grounds and procedures of the termination of membership in the AB of the Centre is stated in Article 3a(4-6) of the Act No 308/1993 Coll. on the Establishment of the Centre. The membership is terminated by expiring of tenure, by resignation (in such case the member who has resigned is obliged to notify the person having appointed him/her of the termination of the membership), by recalling of a member (by the person having appointed him/her provided that the member failed to participate in the three consecutive meetings of the AB without giving any serious reasons), by death of a member (in such case the termination is notified to the person having appointed the passed-away member by the Chairperson of the AB or by the Executive Director when a Chairperson is not available).

Regional or Local offices

3

Accountability

National Audit Institution