Legislation
A significant document in our legal system is the Government Resolution No. 153/1991 – The principles of state politics in relationship to the Roma, which acknowledges the ethnic origin of the Roma population at the level of other ethnic minorities living in Slovakia. This means that the government official acknowledges the Roma as a national minority and confirms their political and legal equality in comparison to other national minorities in Slovakia. Article 34 section 1 of the Slovak Constitution guarantees national minorities the right to full development, especially the right to develop their own culture together with other members of the minority group, spread and receive information in their native tongue, gather in national associations, establish and maintain educational and cultural institutions. Article 34 section 2 of the Slovak Constitution guarantees the citizens belonging to national minorities or ethnic groups, under the conditions set by the law, the right to learn the state language, the right to education in their native tongue, the right to use their tongue in official communication, the right to participate in solving the matters related to national minorities and ethnic groups.
The legal protection of the Roma minority together with the protection of other national minorities in the light of international legal regulations stemming from the scope of international conventions, with an emphasis on ethnic elements, is incorporated in the legal regulations of the Slovak Republic. Specifically, we can mention the implementation of duties stemming, for example, from the Framework Convention of the European Council on the Protection of national minorities, passed under the number 160/1998 S. and the European charter for regional or minority languages published under the number 588/2001 S. This fact was confirmed by the Law No. 184/1999 S on the Use of minority languages, which is reflected also in the Principles of the Government of the Slovak Republic No. 593/2009 S and in the law of the Nation Council of the Slovak Republic No. 270/1995 S on the State language of the Slovak republic as amended. During the ratification process of the Charter, the legal fact was formally and internationally declared, that the legal system of the Slovak republic declares the position of the Roma population as a state minority and that the language of this minority is the Roma language.
The rights of the national minorities are incorporated in the legal system of the Slovak republic as well as extensively in individual laws and other generally binding legal regulations, regulating the specific field of education and culture. The field of Roma education is contained in the Law No. 245/2008 S. On Education and vocational training (Education Act) as amended.
The legal protection of individual rights of citizens from discrimination is established in the Law No. 365/2004 S. On equal treatment in some areas and on protection against discrimination as amended (Antidiscrimination law). In 2008, the Antidiscrimination law formulated temporary emergency measures. These measures led to the removal of economic and social inequality as well as just redistribution of open positions in the labor market and in education. Law No. 601/2003 S. on Sustenance minimum as amended, which specifies financial support on the level of sustenance minimum.
The institutional framework of the agenda of minorities in Slovakia has undergone significant changes in recent years. In 2012, the Ministry of Foreign Affairs and European Matters of the Slovak Republic greatly strengthened the powers in the field of human rights. The transition of competences was a reaction to the undefined position of the Deputy Prime Minister for human rights and national minorities in the present government. The Deputy Prime Minister and Minister of Foreign Affairs and European Matters deal with the questions of coordination and management activities of the Government Council for human rights, national minorities and lineage equality as the Government’s advisory body on human rights.
For further strengthening of the institutional protection of human rights, the right of the members of national minorities to a representative of national minorities was created in July 2012, by the government advisory body for the field of national minorities. The representative fulfills tasks related to the maintaining, development and enforcement of rights of people belonging to national minorities. It is the main authority for performing two legally binding agreements related to national minorities: Framework Convention for the Protection of National Minorities and the European Charter for Regional or Minority Languages.
The improvement of the Roma situation in all areas of life remains one of the priorities of the Slovak Republic government. In January 2012, the strategy for the integration of the Roma by 2020 was issued as a complex document, in which the government reacts to the need to solve the issues of social integration of the Roma community at the EU level. The rules contained in the strategy have the ambition to create the basis for a policy (especially in the field of education, employment, accommodation and health) with the goal to solve the unfavorable situation of the Roma by 2020.
The institutional framework for the protection of Roma communities in Slovakia is set by the Office of Government Representative for the matters relating to Roma communities. The Office of the Representative for Roma communities created several regional branches, which offer help to villages and other institutions when formulating project goals to get subsidies from the state budget and structural funds of the EU. It focuses mainly on the field of education (Teacher assistant programme, Second chance programme), social services (Community social work programme), accommodations (Construction programme for the Roma with the low level of accommodation, subsidies for planning documents) and health (healthcare workers).