OSCE/ODIHR Opinion on the Draft Amendments to the Act on Establishment of the
Slovak National Centre for Human Rights
I.
INTRODUCTION
1.
On 8 October 2018, the Executive Director of the Slovak National Center for Human
Rights sent to the OSCE Office for Democratic Institutions and Human Rights
(hereinafter “OSCE/ODIHR”) a request for a legal review of the Amendments to the
Draft Act of the National Council of the Slovak Republic on Establishment of the Slovak
- National Centre for Human Rights (hereinafter “the Draft Amendments”).
2.
On 18 October 2019, the OSCE/ODIHR responded to this request, confirming the
Office’s readiness to prepare a legal opinion on the compliance of these draft
amendments with OSCE commitments and international human rights standards.
3.
On 27 November 2018, the OSCE/ODIHR was sent amendments to the Draft
Amendment which were subsequently translated by the Slovak National Center for
Human Rights into English.
4.
This Opinion was prepared in response to the above request.
II.
SCOPE OF REVIEW
5.
The scope of this Opinion covers only the Draft Amendments, submitted for review.
Thus limited, the Opinion does not constitute a full and comprehensive review of the
entire legal and institutional framework regulating the functioning of National Human
Rights Institutions (hereinafter “NHRIs”) in Slovakia.
6.
The Opinion raises key issues and provides indications of areas of concern. In the
interests of conciseness, the Opinion focuses more on those provisions that require
improvements rather than on the positive aspects of the Draft Amendments. The
ensuing recommendations are based on international standards and practices related to
NHRIs. The Opinion will also seek to highlight, as appropriate, good practices from
other OSCE participating States in this field.
7.
Moreover, in accordance with the Convention on the Elimination of All Forms of
Discrimination against Women1 (hereinafter “CEDAW”) and the 2004 OSCE Action
Plan for the Promotion of Gender Equality and commitments to mainstream a gender
perspective into OSCE activities, the Opinion analyses the potentially different impact
of the Draft Amendments on women and men.2
8.
This Opinion is based on an unofficial English translation of the Draft Amendments
provided by the Slovak National Centre for Human Rights, which is attached to this
document as an Annex. Errors from translation may result.
9.
In view of the above, the OSCE/ODIHR would like to make mention that this Opinion
does not prevent the OSCE/ODIHR from formulating additional written or oral
recommendations or comments on the respective legal acts or related legislation of
Slovakia that the OSCE/ODIHR may wish to make in the future.
1
2
UN Convention on the Elimination of All Forms of Discrimination against Women (hereinafter “CEDAW”),
adopted by General Assembly resolution 34/180 on 18 December 1979. Slovakia is a State Party to CEDAW
since 23 May 1993.
See par 32 of the OSCE Action Plan for the Promotion of Gender Equality adopted by Decision No. 14/04,
MC.DEC/14/04 (2004), available at http://www.osce.org/mc/23295?download=true.
3