SlovakiaAnti-Discrimination Act (365/2004): ban on disability discrimination in goods and services provided to the public, and court remedies
Zákon č. 365/2004 Z. z. o rovnakom zaobchádzaní v niektorých oblastiach a o ochrane pred diskrimináciou (antidiskriminačný zákon) §§ 2, 2a, 3, 5, 9, 9a a 11
In force since .
A disability discrimination rule binding public and private bodies.
- Private right of action
- Yes
- Enforcement body
- The courts, on the claim of the person affected (section 9(2))
What it requires
- The Act names no technical accessibility standard; the duty is a ban on discrimination, including on the ground of disability, in the provision of goods and services to the public, enforced by a civil claim in court (ss. 5(1), 9(2)).
- If you are a legal person or an entrepreneur who provides goods or services to the public, including housing, do not discriminate against a person on the ground of disability in providing them, so far as the rights are set by special laws (ss. 2(1), 3(1), 5(1) and 5(2)(d)).
- Do not treat a person with a disability less favourably than you treat, have treated or could treat another person in a comparable situation, and do not apply an apparently neutral rule, decision, instruction or practice that disadvantages or could disadvantage the person, unless it is objectively justified by a legitimate interest and is appropriate and necessary (s. 2a(2) and (3)).
- The ban also protects a person who had a disability before and a person who could be presumed from external signs to have a disability (s. 2a(11)(d)).
- Different treatment on the ground of age or disability when you provide insurance services is not discrimination where it follows from a different level of risk that statistical or similar data can verify and the conditions of your insurance services are proportionate to that risk (s. 8(6)).
- Expect a court claim: a person who considers that you did not observe equal treatment can ask the court to order you to stop, to remedy the unlawful state of affairs or to give adequate satisfaction, and, where that is not sufficient, to award money for non-pecuniary harm in an amount the court sets by the seriousness of the harm (s. 9(2) and (3)).
- Once the claimant tells the court facts from which a breach can reasonably be inferred, you must prove that you did not breach equal treatment (s. 11(2)).
These lines are LexLint's reading of the law's text.
What it reaches
Instrument type
an act of a legislature
Applicability criteria
- As of
- Combinator
- Any of
- Criteria
- a legal person or an entrepreneur (fyzická osoba-podnikateľ) that provides goods or services, including housing, to the public (section 5(2)(d)); the principle of equal treatment applies only in connection with the rights that special laws set
What this law does
Section 2(1) of the Anti-Discrimination Act (365/2004) lists disability among the grounds on which discrimination is banned. Section 5(1) of the Act bans discrimination on the grounds in section 2(1) in social security, health care, the provision of goods and services and education.
Section 5(2)(d) applies the principle of equal treatment, in connection with rights that special laws set, to access to and the provision of goods and services, including housing, that legal persons and entrepreneurs provide to the public. Section 2a(11)(d) treats as discrimination on the ground of disability also discrimination on the ground of a previous disability and discrimination against a person who could be presumed from external signs to be a person with a disability.
Section 2a(2) defines direct discrimination as an act or omission by which a person is treated less favourably than another person in a comparable situation is, was or could be treated. Section 2a(3) defines indirect discrimination as an apparently neutral rule, decision, instruction or practice that disadvantages or could disadvantage a person compared with another person, unless it is objectively justified by a legitimate interest and is appropriate and necessary.
Section 8(6) provides that different treatment on the ground of age or disability in the provision of insurance services is not discrimination where it follows from a different level of risk that statistical or similar data can verify and the conditions of the insurance services are proportionate to that risk.
Section 7(1) requires employers to take the measures that give a person with a disability access to employment, to the performance of an activity in employment, to advancement or to vocational training, unless the measures are disproportionately demanding for the employer.
Section 9(2) lets a person who considers that the principle of equal treatment was not observed toward them go to court, in particular to ask that the other party stop the conduct, remedy the unlawful state of affairs or give adequate satisfaction. Section 9(3) lets the person also claim money for non-pecuniary harm where adequate satisfaction would not be sufficient, in an amount that the court sets by the seriousness of the harm and all the circumstances.
Section 9a lets a legal person described in section 10(1) seek protection of the right to equal treatment where the rights of a larger or an indeterminate number of persons could be affected, or where the public interest could otherwise be seriously endangered. Section 11(2) obliges the defendant to prove that the principle of equal treatment was not breached once the claimant tells the court facts from which a breach can reasonably be inferred. Article XXIII of Act 365/2004 sets as its commencement day.
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