Ján Hero,
Member of CAHROM Committee by CoE
Director of Private Secondary School of Zefyrin Jiménez Malla in Kremnica
Slovakia
EURoma meeting, 3rd-4th May, Bratislava, Slovakia
Introduction
Council of Europe
 1949 – Creation of CoE
 Mission
 - to protect human rights, pluralist
democracy and the rule of law;
 to promote awareness and
encourage the development of
Europe's cultural identity and
diversity;
 to find common solutions to the
challenges facing European
society;
 to consolidate democratic stability
in Europe by backing political,
legislative and constitutional
reform
Slovak Context on Roma
issue
 1993 - Slovakia
 Indipendent State
 State of many nationalities –
Slovak(86,9%), Hungarien
(9,7%), Roma (1,7%-/8%/),
Czech(0,8%),
Rusinien(0,4%),
Ukrainien(0,2%),
German(0,1%),
Croation(<0,1%),
Serbian(<0,1%) - 2001
EURoma meeting, 3rd-4th May, Bratislava,
Slovakia
Legal starting points to Roma issue
Council of Europe
Slovak Context on Roma
issue
 The Council of Europe's main
 The Government of the Slovak
objective is to encourage its
members to take a comprehensive
approach to Roma issues.
 This involves three main priorities
- protecting minorities, combating
racism, anti-gypsyism and
intolerance and preventing social
exclusion.
 One of the fundamental principles
guiding this approach is
participation of the communities
concerned, through Roma and
Travellers representatives and
associations
Republic in its resolution No. 153
of 1991 declared the recognition
of the Roma as a minority,
guaranteed them a versatile
cultural and ethnic development
 The Romani language is
explicitly mentioned among the
regional and minority
languages, which SR recognises
for the purposes of the
application of the European
Charter of regional or minority
languages.
EURoma meeting, 3rd-4th May, Bratislava,
Slovakia
Legal starting points to Roma issue
Council of Europe


From the point of view of creating a pan-European policy aimed
at improving the situation of the Roma PA is considered crucial
to clarify, align and strengthen the work of the Council of
Europe, the European Union and the Organization for security
and cooperation in Europe.
general conditions for improving the situation of Roma:

resolve the legal status of the Roma as an ethnic or
national group members, in particular,

to draw up and implement specific programmes aimed at
improving the integration of the Roma people as
individuals and minority groups in society and to
guarantee the Roma communities as their participation in
decision-making at local, regional, national and European
level,

guarantee the equal treatment of the Roma minority as
with ethnic minority or naional minority group in the
field of education , employment, housing, health care and
public services,

develop and implement affirmative action or preferential
treatment of Roma and with the social excluded and
disadvantaged groups in the areas of education,
employment and housing,

to take specific measures and create a special institution
for the protection of the Roma language, culture,
traditions and identity, the fight against racism,
xenophobia, intolerance and to guarantee nondiscriminatory treatment of Roma at local, regional,
national and international level.
Slovak Context on Roma issue

Legislative adjustment of the position of the
Roma

The legislative basis governing the status of
national minorities and ethnic groups in
Slovakia, in particular, the Constitution of
the Slovak Republic consists of 1992 and the
constitutional law of 23 February 2001
amending the Constitution of the SR No.
460/1992 in which is expressed the nonconventional hierarchy of legal standards . In
the art. 154c in this context writes that
international treaties on human rights and
fundamental freedoms, which has SR ratified
and promulgated in the manner laid down by
law, have been part of its legal order and
have precedence over its laws if they provide
a wider range of rights and freedoms.

SR has ratified most of the relevant
international documents on human rights
and freedoms, including the rights of
national minorities and ethnic groups.
EURoma meeting, 3rd-4th May, Bratislava,
Slovakia
Roma-related texts adopted
at the Council of Europe and its influences
on the Slovak context (to 1992)
Council of Europe
Slovakia
 Texts adopted by the Committee of
 Slovak Context on Roma issue strongly
Ministers (CM):
 Recommendation No. R(83)1 of the
Committee of Ministers on stateless
nomads and nomads of
undetermined nationality
 Resolution (75)13 of the Committee
of MInisters on the social situation
of nomads in Europe
 Texts adopted by the Parliamentary
Assembly (PA) of the CoE:
 Recommendation 563 (1969) of
the Consultative Assembly on the
situation of Gypsies and other
travellers in Europe
influenced by communist regime as part of
Czechoslovakia to 1989

Roma as socially group
 Slovak Context on Roma issue as part of
Czechoslovakia after Velvet Revolution
(1990-1992)
Status of national minority (1991)
Opening new positions of officer for
Roma minority on Ministry of Education
an on Ministry of Culture
 Preparatory classes in Primary Schools



the Colloquy organised by the
Committee on Culture, Education and
the Media and CLRAE of CoE in the
Slovak town of Liptovsky Mikulás from
15 to 17 October 1992 ;
EURoma meeting, 3rd-4th May, Bratislava,
Slovakia
Roma-related texts adopted
at the Council of Europe and its influences
on the Slovak context (to 1992)
Council of Europe
 Texts adopted by the
Congress of Local and
Regional
Authorities(CLRAE):
 Resolution 125 (1981) of the
CLRAE on the role and
responsibility of local and
regional authorities in regard
to the cultural and social
problems of populations of
nomadic origin
Slovakia
 The topics addressed included
education, vocational training and
thepromotion of Roma culture.
 Emphasis was placed on the need to
provide information:



EURoma meeting, 3rd-4th May, Bratislava,
Slovakia
about the situation of Roma
communities in order to do away
withstereotypes;
about the European programmes set
up and how to obtain access to them.
Flexibility was called for, given the
diversity of situations. This meant
encouraging:


micro-projects, which were appropriate
in this context;
•networking of existing bodies.
Roma-related texts adopted
at the Council of Europe and its influences
on the Slovak context (1993-1998)
Council of Europe
Slovakia

 Texts adopted by the PA of the CoE:
 Recommendation 1203 (1993) of the
Parliamentary Assembly on Gypsies en
Europe
 Texts adopted by theCLRAE of the CoE:
 Resolution 249 (1993) of the CLRAE on
Gypsies in Europe: the role and
responsibility of local and regional
authorities
 Recommendation 11 (1995) of the CLRAE
on “Towards a Tolerant Europe: the
contribution of the Rroma (Gypsies)
 Resolution 16 (1995) of the CLRAE on
«Towards a Tolerant Europe: the
contribution of the Roma (Gypsies)”
 Resolution 44 (1997) of the CLRAE on
“Towards a Tolerant Europe: the
contribution of Roma”




1993-1998 – After the formation of a separate Slovak
Republic in 1993, the Government, whose policy got
to the power, was held in the nacionalistic spirit.
Until its change in 1998 cannot be speak about a
satisfactory policy of the State to Roma in Slovakia.
The fracture in the approach of the Slovak Republic
to the Roma issue occurred in 1998, when it began
the democratic transformation of Slovakia.
Democratisation was not possible without the coping
with the problems of minorities in Slovakia. In
particular, the situation of the Roma minority was
acute.
Shortcomings in the area of protection of human and
minority rights, i.e the rights of the Roma, were the
cause of the failure to fulfil the Copenhagen criteria
for accession to the European Union in Slovakia too.
EURoma meeting, 3rd-4th May, Bratislava,
Slovakia
Roma-related texts adopted
at the Council of Europe and its influences
on the Slovak context (1993-1998)
Council of Europe
Slovakia



The Constitution of the SLOVAK REPUBLIC from
1992, while guaranteeing national minorities and
Texts adopted by the ECRI
ethnic groups of the equality, rights and freedoms and
 ECRI General Policy Recommendation
for the Roma people in Slovakia should also apply to
N°3 on combating racism and intolerance
international human-rights standards, however, in the
against Roma/Gypsies (1998)
period 1992-1998 has been in power the Government,
In 1995 CoE has cretaed the Committee of
whose policy is suffering from serious deficiencies in
Experts on Roma and Travellers (MG-Sthe area of protection of human and minority rights in
ROM) ,
General.
 whichas been tasked with advising
 The human right activity were supported by NGOs and
member states and encouraging
from international institutions
international authorities to take action
 the title Roma, Gypsies and Travellers. Written by
where needed.
Jean-Pierre Liégeois, Director of the Gypsy Research
 Its role complements that of the Secretary
Centre (Université René Descartes – Paris), this book
General's Co-ordinator of Activities
is a response to Resolution 125 adopted by the
concerning Roma, responsible for
promoting co-operation with other
Conference of Local and Regional Authorities
relevant international organisations and
of Europe – translation to SK supported by CoE
developing working relations with Roma
 The first contact to MG-S-ROM has started to develop
and Travellers issues organisations
Ms. Klára Orgovánová as representative of NGO. (since
2000 transferred to permanent membership by Ján
Hero)
EURoma meeting, 3rd-4th May, Bratislava,
Slovakia
Roma-related texts adopted
at the Council of Europe and its influences
on the Slovak context (1999-2002)
Council of Europe
 Texts adopted by the Committee
of Ministers (CM):
 Recommendation No.
R(2000) 4 of the Committee of
Ministers on the education of
Roma/Gypsy children in
Europe
 Recommendation Rec(2001)17
of the Committee of Ministers
on improving the economic
and employment situation of
Roma/Gypsies and Travellers
Slovakia
 In 1999(end of 1998) was seting up the
Plenipotentiary Office of the Slovak
Government to address the problems of
the Roma minority, since 2001
Plenipotentiary Office of the Slovak
Government for Roma community
 In 1999 was adopted a Strategy of SR to
solve the problems of the Roma national
minority and the set of measures for its
implementation – I-stage.
 In 1999 was adopted a Elaborated
strategy of SR to solve the problems of
the Roma national minority and the set
of measures for its implementation – IIstage. (M.Šimečka -the best elaborated
after 1989 befor the last from 2011
EURoma meeting, 3rd-4th May, Bratislava,
Slovakia
Roma-related texts adopted
at the Council of Europe and its influences
on the Slovak context (1999-2002)
Council of Europe
 Texts adopted by the PA of the
CoE:
 Recommendation 1557 (2002)
of the Parliamentary
Assembly on the legal
situation of Roma in Europe
Slovakia
 In May 2000, the Government adopted
an action plan to prevent all forms of
discrimination, and SR racism,
xenophobia, anti-Semitism and other
expressions of intolerance for the period
2000-2001.
 In 2001, Slovakia has ratified the
"European Charter for regional and
minority languages," also for the Romani
language
 The first document with complex steps
aimed at improving the situation of the
Roma minority in Slovakia have become
The Priorities of the Government of the
Sr in relation to Roma community for the
year 2002.
EURoma meeting, 3rd-4th May, Bratislava,
Slovakia
Roma-related texts adopted
at the Council of Europe and its influences
on the Slovak context (1999-2002)
Council of Europe
Slovakia
 Texts adopted by the PA of the
 A major part of the Priorities was the
Comprehensive development
programme for Roma settlements and
the Programme of social field workers
CoE:
 Recommendation 1557 (2002)
of the Parliamentary
Assembly on the legal
situation of Roma in Europe
 Has started development of Program of
Roma school assistants
 on the employment of the Roma-positive
impact of policies had the starting of the
public utility works in 2000
EURoma meeting, 3rd-4th May, Bratislava,
Slovakia
Roma-related texts adopted
at the Council of Europe and its influences
on the Slovak context (1999-2002)
Council of Europe
Slovakia
 The Government of the Slovak Republic
in the period 1998 to 2002 established
the appropriate institutions dealing with
Roma question:
Deputy Prime Minister for human rights,
minorities and regional development.
 Section of the human rights and
minorities, which coordinates the
implementation of the action plan for the
prevention of all forms of discrimination,
racism, xenophobia, anti-Semitism and
other expressions of intolerance for the
preparation, implementation and

EURoma meeting, 3rd-4th May, Bratislava,
Slovakia
Roma-related texts adopted
at the Council of Europe and its influences
on the Slovak context (1999-2002)
Council of Europe
Slovakia
 Government Council for national
minorities and ethnic groups, the new
advisory, initiative and coordinating
body of the Slovak Government for State
minoritypolicy
 Advisory Board of the Plenitontentiary
Office of Slovak Government for Roma
communities. A huge benefit is the fact
that the choir is composed of members
of the Roma community.
EURoma meeting, 3rd-4th May, Bratislava,
Slovakia
Roma-related texts adopted
at the Council of Europe and its influences
on the Slovak context (2003-2006)
Council of Europe
 Texts adopted by the Committee
of Ministers (CM):
 Recommendation Rec(2004)14
of the Committee of Ministers
on the movement and
encampment of Travellers in
Europe
 Recommendation Rec(2005)4
of the Committee of Ministers
on improving the housing
conditions of Roma and
Travellers in Europe
Slovakia
 Evaluation of the priorities of the
Government of the SLOVAK REPUBLIC
in relation to the aim of communities for
the year 2002, the Slovak Government
Strategy to address the problems of the
Roma community for the year 2001
 the elaboration of document the Basic
Theses of the Government’s Policy
Concept for the Integration of Roma
Communities for 2003. This concept
contains a number of tasks in areas such
as human rights,education,employment,
housing and health for resolving
problems faced by Roma in these
areas(multicultural approuch)
EURoma meeting, 3rd-4th May, Bratislava,
Slovakia
Roma-related texts adopted
at the Council of Europe and its influences
on the Slovak context (2003-2006)
Council of Europe
 Texts adopted by the
Committee of Ministers (CM):
 Recommendation
Rec(2006)10 of the
Committee of Ministers on
better access to health care
for Roma and Travellers in
Europe
Slovakia
 In the spotlight remained the issue of
housing. Still in 2002, began the
construction of a lower standard and
comprehensive development of Roma
settlements, dwellings connected with
efforts
 After reform´s mechanism of assistance
in material need is working on a
common basis, which means that
benefits are fixed set of basic living
conditions such as health care or
housing allowance
 Established the first secondary school
designed to study the Romany language
and literature for gifted Roma children
by positive precedent of Gandhi
EURoma meeting, 3rd-4th May, Bratislava,
Slovakia
secondary school in Pecs (HU)
Roma-related texts adopted
at the Council of Europe and its influences
on the Slovak context (2003-2006)
Council of Europe
Adopted Measure :

„ The MG-S-ROM adopted the agenda for
the meeting, as well as the list of decisions
of the 20th meeting on 22-23 ovember 2005,
subject to an amendment from Slovakia. The
Vice–Chair, Mr. Jan Hero, suggested
including, under item IV, a reference to the
discussion held in November on the decision
of the Slovak Constitutional Court on the
Anti-Discrimination Law, and to the Group’s
decision to address a letter to the Slovak
authorities concerning the impact of such a
decision.“
Slovakia



At the legislative level to strive for equal Roma
minority also "peaked" by adopting antidiscrimination law 20th May 2004 - but the
problem was that strictly excluded a positive
measures, which is a European standard.
The constitutional court in Slovakia has ruled
that affirmative action is unlawful and
unconstitutional.
Later came to amendment and the Act now
also provides possibility of positive measures
to be adopted for, among others, persons who
are socially disadvantaged. ECRI thus noted in
his 3rd report that this Act is broadly in
keeping with international and European
standards concerning the protection against
racial discrimination.
EURoma meeting, 3rd-4th May, Bratislava,
Slovakia
Roma-related texts adopted
at the Council of Europe and its influences
on the Slovak context (2003-2006)
Council of Europe
Slovakia
 Texts adopted by the PA of the
 One area of progress as far as ECRI’s
mandate is concerned, is the adoption of
a new Criminal Code in January 2006
which contains several provisions on
racially-motivated crimes, including
incitement to racial hatred. The Code
also provides that the racist motivation
of a crime is considered to be an
aggravating circumstance.
CoE:
 Recommendation 1633
(2003) of the Parliamentary
Assembly on Forced Returns
of Roma from the former
Federal Republic of
Yugoslavia, including
Kosovo, to Serbia and
Montenegro from Council of
Europe member States
EURoma meeting, 3rd-4th May, Bratislava,
Slovakia
Roma-related texts adopted
at the Council of Europe and its influences
on the Slovak context (2003-2006)
Council of Europe
Slovakia
 The European Court of

Human Rights has ruled in
favour of a Slovak woman of
Roma origin who demanded
compensation for being
‘forcibly sterilized’ by by
doctors in a public hospital in
Prešov

Negative case - In January 2003, published
the Center for Reproductive Rights and the
Center for Civil and Human Rights of Body
and Soul: Forced Sterilization and Other
Assaults on Roma Reproductive Freedom in
Slovakia (Center for Civil and Human Rights
2003)
ECRI 3rd report – „..following allegations of
sterilisations of Roma women without their
full and informed consent, the Slovak
authorities have made some legislative
changes concerning sterilisations, by including
the crime of “illegal sterilisation” in the
Criminal Code. Several safeguards concerning
sterilisations were also added in the Law on
Healthcare including the provision that this
procedure may only be carried out following a
written request and informed consent.“
EURoma meeting, 3rd-4th May, Bratislava,
Slovakia
Roma-related texts adopted
at the Council of Europe and its influences
on the Slovak context (2003-2006)
Council of Europe
Slovakia
 ECRI – 3rd report on Slovakia

-period 2004-2007
There has been an increased Roma presence
on the Slovak political scene, with 19 mayors
having been elected in the 2006 municipal
elections.
EURoma meeting, 3rd-4th May, Bratislava,
Slovakia
Roma-related texts adopted
at the Council of Europe and its influences
on the Slovak context (2007-2011)
Council of Europe
Slovakia
 Texts adopted by the Committee of
Ministers (CM):

 Recommendation CM/Rec(2008)5
of the Committee of Ministers on
policies for Roma and/or Travellers
in Europe
 Recommendation CM/Rec(2009)4
of the Committee of Ministers to
member states on the education of
Roma and Travellers in Europe

The Slovak authorities adopted, in May 2008, a
new School Act which prohibits
discrimination and segregation in education.
They have also adopted a Concept of
Education and Training of Roma Children and
Pupils, including the Development of High
School and University Education.
EURoma meeting, 3rd-4th May, Bratislava,
Slovakia
Roma-related texts adopted
at the Council of Europe and its influences
on the Slovak context (2007-2011)
Council of Europe
Slovakia


Texts adopted by the PA of the CoE:
 Recommendation 1924(2010) of the
Parliamentary Assembly on the situation
of Roma in Europe and relevant activities
of the Council of Europe
 Resolution 1740(2010) of the
Parliamentary Assembly on the situation
of Roma in Europe and relevant activities
of the Council of Europe
 Recommendation 1941 (2010) of the
Parliamentary Assembly on Roma asylum
seekers in Europe
 Resolution 1768 (2010) of the
Parliamentary Assembly on Roma asylum
seekers in Europe
One of the objectives of this concept is to
decrease the number of Roma children
attending Special Elementary Schools for
disabled children and to integrate them into
mainstream education.
 In the area of housing, the Slovak authorities
have built social housing to improve the
conditions in which Roma live.
 They have also adopted detailed guidelines for
the police on the manner in which forced
evictions ought to be carried out in order to
reduce the possibility of past human rights
violations being repeated in this regard.
EURoma meeting, 3rd-4th May, Bratislava,
Slovakia
Roma-related texts adopted
at the Council of Europe and its influences
on the Slovak context (2007-2011)
Council of Europe
Slovakia
 Texts adopted by theCLRAE

of the CoE:
 Recommendation 315 (2011)
of the CLRAE on the
situation of Roma1 in
Europe: a challenge for local
and regional authorities
 Resolution 333 (2011) of the
CLRAE on the situation of
Roma in Europe: a challenge
for local and regional
authorities

. In March 2008, the Slovak authorities
adopted aMedium-term Concept of the
Development of the Roma National Minority
in the Slovak Republic for the Period 20082013 which incorporates the current defined
issues and proposes solutions in the fields of,
inter alia, education, health, healthcare and
the media.
The Employment Services Act also contains
measures designed to assist members of this
group in integrating into the labour market.
Thus, it provides that private entities or public
companies should have a workforce
comprising 30% long-term unemployed. The
majority of long-term unemployed are Roma.
EURoma meeting, 3rd-4th May, Bratislava,
Slovakia
Roma-related texts adopted
at the Council of Europe and its influences
on the Slovak context (2007-2011)
Council of Europe
Slovakia
 Texts adopted by the ECRI

 ECRI General Policy
Recommendation N°13 on
combating anti-Gypsyism and
discrimination against Roma
(2011)



A number of Roma community officers have
been recruited in the police since ECRI’s third
report .
Roma health workers are currently working in
Roma communities to improve the health
situation of the persons who live in therein.
These measures are a positive step in better
involving Roma in implementing measures
taken to address issues of concern to their
communities.
In July 2007, the Slovak legislation was
amended to provide subsidiary protection for
asylum seekers and conditions are reported to
have improved in detention centres for noncitizens.
EURoma meeting, 3rd-4th May, Bratislava,
Slovakia
Roma-related texts adopted
at the Council of Europe and its influences
on the Slovak context (2007-2011)
Council of Europe
Slovakia

 Other texts
 Strasbourg Declaration, High
Level Summit (20 October
2010)
 Final Declaration of the
Summit of Mayors (22
September 2011)
 CoE initiative:

Dosta Campaign !



The ROMED programme was launched in January 2011
as part of the implementation of the Strasbourg
Declaration on Roma. It is a joint Council of
Europe/European Commission action aimed at
enhancing the quality and the effectiveness of the
work of mediators, assistants and facilitators, by
providing additional skills, tools and approaches to
complement existing national and European training
provisions.
Slovakia has been chosen for implementation of
Romed program .
The program has been completed and finished for
Roma school and Health mediator (40 persons) – the
certificates for them are in process under cooperation
of CoE and National Focal point
4 Roma Mayors or mayors by high concentration of
Roma people from Slovakia have participated on
Summit of Mayors
 There is a plan to start Dosta Campaign – this
is a part of adopted Strategy for public
EURoma meeting, 3rd-4th May, Bratislava,
communication to majority about Roma issue
Slovakia
•CoE has got importatnt influence on improving Human rights aprouch for
Roma minority living in Slovakia
•The overview shows indirect the big influnces on positive development Slovak
Context of Roma issue - EURom is an instrument to analyse and evalute the
importancy and efect of using the European structural funds
•We have many evidence and statistical data tha by positive legal frameworks
we could not achieve the practical succes to improve the life condition for many
Roma families.
•The chalenge is - by international cooperation to achieve good setting of
National reference frameworks for next planned perion 2014-2017 for effective
inclusion process of Roma to the society by complementary aprouch of state
institutions, local and regional authorities and and wide Roma participation.
EURoma meeting, 3rd-4th May, Bratislava, Slovakia
EURoma meeting, 3rd-4th May, Bratislava, Slovakia