If a person is treated unequally when compared to another person in a similar situation, on the grounds of sex or gender, such treatment may result in sex or gender discrimination.
‘Sex’ (pohlavie in Slovak) refers to a person’s biological status and means a male or a female, a group of men or a group of women, girls or boys. Sex may also mean gender identity, the way one perceives oneself – as a man, a woman or a transsexual. ‘Gender’ (rod in Slovak) refers to the roles that are given to people in society based on their sex.
example The Slovakian legislation uses both terms, albeit in a somewhat ambiguous way: The Constitution enumerates among the grounds of discrimination both pohlavie and rod, however, here rod means “birth”, “descent” or “lineage” as in the Universal Declaration of Human Rights. The Anti-discrimination Act also mentions both pohlavie and rod among the protected characteristics, however, here views differ whether rod shall mean gender or lineage. Case law and judicial practice of the Slovakian courts are still rather limited in this field. For many years it has tacitly been assumed by both politicians and human rights activists that “rod” in the Anti-discrimination Act means “gender”. This assumption seems to be confirmed by the fact that in another section the law stipulates that “discrimination on grounds of sexual or gender identification shall also be considered discrimination”. In the period 2009-2019 two National Strategies for Gender Equality were adopted by the Government and, in 2010 the Government established the Council on Human Rights, National Minorities and Gender Equality as one of its principal advisory bodies. Nevertheless, the concept of gender as such has recently become a matter of heated political dispute. The Parliament refused to accomplish the process of ratification of the Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention) and, the National Strategy on Gender Equality should now be replaced by a National Strategy for Equality between Men and Women.
There are many gender stereotypes in society. For example, the belief that a certain job should be done by a woman simply because of her sex, or that women are generally less competent than men in decision making because they are more emotional.
Unfortunately, gender stereotypes often lead on to gender discrimination, when certain rights are denied to someone because of their sex or gender. Moreover, there are different ways in which discrimination can occur, and this is not always in a direct and overt manner. Therefore, it is important to recognize different types of discrimination.
Special forms of discrimination in context of sex and gender are sexual harassment and sexualised or gendered violence. Sexualised violence is any physical, visual or sexual act that is experienced by the other person a threat, invasion or assault, that has the effect of hurting or degrading her and depriving the ability to control intimate contact. Gendered violence refers to verbal or other conduct that includes stereotypical, discriminatory and disrespectful attitudes towards the other sex.
Employment context
Sex or gender discrimination, especially against women, often takes place in an employment context. For instance, it often occurs when hiring, promoting or determining salary.
example Sex discrimination against a woman would take place if she is refused a job because the employer thinks she might become pregnant or through paying a male employee a higher salary for doing the same job. Sex discrimination against a man would occur if only women were hired as social workers, because they were perceived to have more empathy.
Sexual harassment is also a form of discrimination associated with the workplace. In cases of sexual harassment, the victim may not have received lower pay or been passed over for promotions. However, it may be difficult or impossible for the person to do their job due to inappropriate sexual comments, or the type of behaviour taking place there.
example Inappropriate sexual jokes or material placed on a bulletin board, which would create a hostile working environment, would be considered sexual harassment. A supervisor’s demand that subordinates tolerate sexual advances as a condition for getting or keeping a job, is sexual harassment.
The Slovakian Constitution permits special protection for women at workplace, including an increased level of health protection and special working conditions. Pregnant women shall be entitled to special treatment, terms of employment, and working conditions.
In this Guide, you can read more about the most common areas of daily life where discriminatory practices may occur.