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Slovakia
Summary of Domestic Prohibition
Slavery and slave trade
There appears to be no legislation in place in Slovakia which prohibits slavery, although section 182 of the Criminal Code criminalises deprivation of personal freedom and slavery may form an element of an offence of trafficking under sections 179 and 180.
Practices similar to slavery and servitude
There appears to be no legislation in place in Slovakia which prohibits institutions and practices similar to slavery, although placing a child under the control of another for the purpose of exploitation and in exchange for money is criminalised under section 181 of the Criminal Code. Practices similar to slavery and bondage may also form elements of an offence of trafficking under sections 179 and 180.
Servitude
There appears to be no legislation in place in Slovakia which prohibits servitude.
Forced or compulsory labour
Provisions related to forced labour are found in the Constitution which prohibits forced labour at article 18. Section 190 of the Criminal Code also criminalises gross coercion, and forced labour may form an element of an offence of trafficking under sections 179 and 180.
Human trafficking
Provisions related to trafficking in persons are found in the Criminal Code which criminalises trafficking in human beings under section 179 and trafficking in children under section 180.
Forced marriage
Provisions related to forced marriage in Slovakia are found in the Family Law, which addresses marriage by force at Article 17.
Consent to marriage
Although legislation in Slovakia does not recognise consent as a strict requirement of marriage, section 1(1) of the family law recognises that marriage is based on consent.
Servile marriage
There appears to be no legislation in Slovakia that prohibits servile matrimonial transactions.
Marriage trafficking
Provisions related to marriage trafficking in Slovakia are found in the Criminal Code, which prohibits trafficking for practices similar to slavery, including forced marriage, in Section 179, with a potential penalty of imprisonment from 4 to ten years.
Minimum age for marriage
The minimum age for marriage in Slovakia is 18, without differentiation by gender, as set out on Article 11 of the 2005 Civil and Family Law. However, marriages below the minimum age are permitted in exceptional circumstances and with the permission of the court, as set out on Article 11 of the 2005 Civil and Family Law. These exceptions are not differentiated by gender, and allow marriage as early as 16. Where marriages are conducted involving a person below the age of 16, the marriage does not arise, as set out on Article 17 of the 2005 Civil and Family Law.
Region
Eastern Europe
Regional Court
European Court of Human Rights
Legal System
Civil
International Instruments
International Obligations
- Slavery
- Servitude
- Institutions and Practices Similar to Slavery
- Forced Labour
- Human Trafficking
- Marriage Trafficking
Regional Organisations
- European Court of Human Rights
- Organanisation for Economic Cooperation and Development
- Organisation for Security and Cooperation in Europe
- European Union
- Council of Europe
Legislative Provisions
CONSTITUTION OF THE SLOVAK REPUBLIC 1992 (REV. 2014)
Article 12
1. All human beings are free and equal in dignity and rights. Their fundamental rights and freedoms are inalienable, irrevocable, and absolutely perpetual.
Article 14
Every person shall be entitled to his or her rights.
Article 16
1. The right of every individual to integrity and privacy shall be guaranteed. This right may be limited only in cases specifically provided by law.
2. No person shall be subjected to torture or cruel, inhuman or degrading treatment or punishment.
Article 17
1. Personal liberty of every individual shall be guaranteed.
Article 18
1. No one may be subjected to forced labour or services.
2. Section (1) of this Article shall not apply to:
a. prisoners or persons sentenced to alternatives of imprisonment,
b. military service or other services performed in lieu of compulsory service in the armed forces,
c. services lawfully required in cases of natural disasters, calamities and other events threatening the lives, health or valuable property of citizens,
d. activities lawfully required for the protection of life, health and rights of other people,
e. minor municipality services on the basis of a law.
Article 23
- Freedom of movement and residence shall be guaranteed.
Article 35
- Every person shall have the right to choose freely his or her profession and to receive appropriate training, as well as the right to earn his or her living through entrepreneurial activities.
- Terms of, or restrictions on, specific professions, trades or activities may be regulated by law.
- Citizens shall have the right to work. The State shall guarantee, within reasonable limits, the material welfare of those who cannot enjoy this right through no fault of their own. The terms thereof shall be specified by law.
- The rights of aliens provided in sections (1) to (3) of this Article, as concerns aliens, may be governed under a separate law.
Article 36
All employees shall have the right to fair and satisfactory conditions at work. The law shall provide in particular for:
- the right to compensation for the work performed to secure a dignified standard of life,
- the security from arbitrary dismissal and discrimination at work,
- the protection of health and safety at work,
- the setting of maximum working hours,
- reasonable rest time after work,
- a minimum amount of paid vacation,
g. the right of collective bargaining.
Constitution of the Slovak Republic 1992 (revised 2014) (PDF)
CRIMINAL CODE
Section 179. Trafficking in Human Beings
(1) Any person who, by using fraudulent practices, a trick, restriction of personal freedom, violence, threatened violence, threat of grievous bodily harm or other forms of coercion, by accepting or offering monetary payment or other benefits in order to get approval of a person on whom another person depends, or by misusing his powers, or abusing of defencelessness or other vulnerable position, entices, transports, harbours, hands over or takes over another person, even upon his consent, for the purposes of his prostitution or another form of sexual exploitation, including pornography, forced labour or domestic slavery, slavery or practices similar to slavery, bondage, taking of organs, tissues or cells or other forms of exploitation, shall be liable to a term of imprisonment of four to ten years.
(2) The same sentence as referred to in paragraph 1 shall be imposed on any person who entices, transports, harbours, hands over or takes over a person under eighteen years of age, even upon his consent, for the purposes of his prostitution or other form of sexual exploitation, including pornography, forced labour or domestic slavery, slavery or practices similar to slavery, bondage, taking of organs, tissues or cells or other forms of exploitation.
3) The offender shall be liable to a term of imprisonment of seven to twelve years if he commits the offence referred to in paragraphs 1 or 2,
a) and obtains larger benefit for himself or another through its commission,
b) against a protected person,
c) by reason of specific motivation, or
d) acting in a more serious manner.
(4) The offender shall be liable to term of imprisonment of twelve to twenty years if he commits the offence referred to in paragraphs 1 or 2,
a) and obtains substantial benefit for himself or another through its commission,
b) and causes grievous bodily harm or death, or other particularly serious consequence through its commission, or
c) as a member of a dangerous grouping.
(5) The offender shall be liable to a term of imprisonment of twenty to twenty-five years or to life imprisonment if he commits the offence referred to in paragraphs 1 or 2,
a) and obtains large-scale benefit for himself or another through its commission, or
b) and causes grievous bodily harm or death to several persons through its commission.
Note: Law No 204/2013 (no text available) amended section 179 as follows –
In section (1), instruments of THB also include abduction,
the purposes of exploitation include, apart of forced service, also begging,
and new purposes have been added, such as forced marriage and exploitation of criminal activities.
Qualified merits of the criminal offence of THB are specified in sections (2) to (5). Section (2) related to commitment of the criminal offense of trafficking in humans younger than 18 years of age has been fully substituted, and section (3) includes new letters b) and c)
Section 180. Trafficking in Children
(1) Any person who, in breach of a generally binding legal regulation, places a child under the control of another for the purpose of adoption shall be liable to a term of imprisonment of up to three years.
(2) The offender shall be liable to a term of imprisonment of four to ten years if he commits the offence referred to in paragraph 1,
a) and obtains larger benefit for himself or another through its commission, or
b) acting in a more serious manner.
(3) The offender shall be liable to a term of imprisonment of ten to fifteen years if, through the commission of the offence referred to in paragraph 1, he causes grievous bodily harm or death, or other particularly serious consequence.
Section 181
(1) Any person who, in exchange for money, places a child under the control of another for the purpose of exploiting the child for child labour, or for any other purpose, shall be liable to a term of imprisonment of four to ten years.
2) The offender shall be liable to a term of imprisonment of seven to twelve years if he commits the offence referred to in paragraph 1,
a) and obtains larger benefit for himself or another through its commission, or
b) acting in a more serious manner.
(3) The offender shall be liable to a term of imprisonment of twelve to twenty years if he commits the offence referred to in paragraph 1,
a) and causes grievous bodily harm or death, or other particularly serious consequence through its commission, or
b) and obtains substantial benefit for himself or another through its commission.
(4) The offender shall be liable to a term of imprisonment of twenty to twenty-five years or to life imprisonment if he commits the offence referred to in paragraph 1,
a) and obtains large-scale benefit for himself or another through its commission,
b) and causes death to several persons through its commission, or
c) as a member of a dangerous grouping.
Section 182. Deprivation of Personal Freedom
(1) Any person who unlawfully deprives another of personal freedom shall be liable to a term of imprisonment of four to ten years.
(2) The offender shall be liable to a term of imprisonment of seven to twelve years if he commits the offence referred to in paragraph 1
a) by reason of specific motivation,
b) against a protected person, or
c) acting in a more serious manner.
(3) The offender shall be liable to a term of imprisonment of ten to fifteen years if he commits the offence referred to in paragraph 1,
a) and causes gruievous bodily harm or death through its commission, or
b) and obtains substantial benefit for himself or another through its commission.
(4) The offender shall be liable to a term of imprisonment of fifteen to twenty-five years or to life imprisonment if he commits the offence referred to in paragraph 1,
a) and obtains large-scale benefit for himself or another through its commission,
b) as a member of a dangerous grouping, or
c) and causes death to several persons through its commission.
Section 183. Restriction of Personal Freedom
(1) Any person who, without lawful authority, prevents another from enjoying personal liberty shall be liable to a term of imprisonment of between six months and three years.
(2) The offender shall be liable to a term of imprisonment of three to eight years if he commits the offence referred to in paragraph 1
a) acting in a more serious manner,
b) by reason of specific motivation,
c) as a public figure,
d) against a protected person, or
e) and causes larger damage through its commission.
(3) The offender shall be liable to a term of imprisonment of seven to twelve years if he commits the offence referred to in paragraph 1,
a) and causes grievous bodily harm or death through its commission, or
b) and causes substantial damage through its commission.
(4) The offender shall be liable to a term of imprisonment of twelve to twenty-five years or to life imprisonment if he commits the offence referred to in paragraph 1,
a) and causes death to several persons through its commission,
b) and causes large-scale damage through its commission, or
c) as a member of a dangerous grouping.
Section 184. Restricting the Freedom of Residence
(1) Any person who, through deception or violence, threat of violence or other harm,
a) forces without lawful authority other person to stay in a certain place, or
b) prevents without lawful authority other person from staying in a certain place,
shall be liable to a term of imprisonment of between six months and three years.
(2) The offender shall be liable to a term of imprisonment of one to five years if he commits the offence referred to in paragraph 1
a) acting in a more serious manner,
b) by reason of specific motivation, or
c) as a public figure.
(3) The same sentence as referred to in paragraph 2 shall be imposed on the offender who forces without lawful authority other person to leave the territory of the Slovak Republic, or prevents other person from staying on the territory of the Slovak Republic.
Section 190. Gross Coercion
(1) Any person who, by violence, the threat of violence or other serious harm, forces another to render consideration of proprietary or other than proprietary nature for himself or for a third party in return for his own services or the services of a third party, which he forces on such person against his will, even if he pretends providing the services concerned, shall be liable to a term of imprisonment of four to ten years.
(2) The same sentence as referred to in paragraph 1 shall be imposed on the offender who, with respect to a group of persons because of their race, complexion, ethnicity, age or health condition, or with the intention to obtain an unlawful or undue advantage for himself or another,
- a) without lawfull authority, forces them by violence or the threat of violence to do anything, omit doing or endure anything being done contrary to their fundamental human rights, or
- b) batters, tortures or treats them in a similar inhuman and cruel manner.
(3) The offender shall be liable to a term of imprisonment of seven to twelve years if he commits the offence referred to in paragraphs 1 or 2,
- a) and causes larger damage through its commission,
- b) against a protected person,
- c) by reason of specific motivation, or
- d) acting in a more serious manner.
(4) The offender shall be liable to a term of imprisonment of twelve to twenty years if he commits the offence referred to in paragraphs 1 or 2,
- a) and causes grievous bodily harm or death through its commission, or
- b) and causes substantial damage through its commission.
(5) The offender shall be liable to a term of imprisonment of twenty to twenty-five years or to life imprisonment if he commits the offence referred to in paragraphs 1 or 2,
- a) and causes large-scale damage through its commission,
- b) and causes death to several persons through its commission, or
c) as a member of a dangerous grouping.
CONSTITUTION OF THE SLOVAK REPUBLIC 1992 (REV. 2014)
Article 41
1. Marriage is a unique union between a man and a woman. The Slovak Republic protects marriage in all of its aspects and supports its welfare. Marriage, parenthood and family are under the protection of the law. Special protection of children and juveniles is guaranteed.
2. Pregnant women shall be entitled to special treatment, terms of employment, and working conditions.
3. Equal rights shall be guaranteed to both children born of legitimate matrimony and those born out of lawful wedlock.
4. Child care and upbringing shall be the right of parents; children shall have the right to parental care and upbringing. The rights of parents may be limited and minor children may be separated from parents against the parents’ will only by a court order as provided by law.
5. Parents taking care of their children shall have the right to assistance provided by the State.
6. Further details of the rights defined in sections (1) to (5) of this Article shall be set by law.
Slovakia Constitution 1992 (Rev 2014) – Constitute project – English (PDF)
CRIMINAL CODE
Section 179. Trafficking in Human Beings
(1) Any person who, by using fraudulent practices, a trick, restriction of personal freedom, violence, threatened violence, threat of grievous bodily harm or other forms of coercion, by accepting or offering monetary payment or other benefits in order to get approval of a person on whom another person depends, or by misusing his powers, or abusing of defencelessness or other vulnerable position, entices, transports, harbours, hands over or takes over another person, even upon his consent, for the purposes of his prostitution or another form of sexual exploitation, including pornography, forced labour or domestic slavery, slavery or practices similar to slavery, bondage, taking of organs, tissues or cells or other forms of exploitation, shall be liable to a term of imprisonment of four to ten years.
(2) The same sentence as referred to in paragraph 1 shall be imposed on any person who entices, transports, harbours, hands over or takes over a person under eighteen years of age, even upon his consent, for the purposes of his prostitution or other form of sexual exploitation, including pornography, forced labour or domestic slavery, slavery or practices similar to slavery, bondage, taking of organs, tissues or cells or other forms of exploitation.
3) The offender shall be liable to a term of imprisonment of seven to twelve years if he commits the offence referred to in paragraphs 1 or 2,
a) and obtains larger benefit for himself or another through its commission,
b) against a protected person,
c) by reason of specific motivation, or
d) acting in a more serious manner.
(4) The offender shall be liable to term of imprisonment of twelve to twenty years if he commits the offence referred to in paragraphs 1 or 2,
a) and obtains substantial benefit for himself or another through its commission,
b) and causes grievous bodily harm or death, or other particularly serious consequence through its commission, or
c) as a member of a dangerous grouping.
(5) The offender shall be liable to a term of imprisonment of twenty to twenty-five years or to life imprisonment if he commits the offence referred to in paragraphs 1 or 2,
a) and obtains large-scale benefit for himself or another through its commission, or
b) and causes grievous bodily harm or death to several persons through its commission.
Note: Law No 204/2013 (no text available) amended section 179 as follows –
In section (1), instruments of THB also include abduction, the purposes of exploitation include, apart of forced service, also begging, and new purposes have been added, such as forced marriage and exploitation of criminal activities.
Qualified merits of the criminal offence of THB are specified in sections (2) to (5). Section (2) related to commitment of the criminal offense of trafficking in humans younger than 18 years of age has been fully substituted, and section (3) includes new letters b) and c)
FAMILY LAW
Basic Principles
Article 1
Marriage is a union of a man and a woman. The company comprehensively protects this unique union and helps his good. Husband and wife are equal in rights and responsibilities. The main the purpose of marriage is the establishment of a family and the proper upbringing of children.
Article 3
Parenting is a society that is extremely recognized by women and men. The company recognizes that a stable environment of the family formed is the most suitable for the all – round and harmonious development of the child father and mother of the child. Society provides parenthood not only with its own protection, but also with its protection care, in particular through material support for parents and assistance in exercising parental rights and duties.
Article 4
All family members have a duty to help each other and to the best of their ability and the possibility of increasing the material and cultural level of the family.
Parents have the right to raise their children in accordance with their own religious and philosophical conviction and the obligation to provide the family with a peaceful and safe environment.
Parental rights and responsibilities belong to both parents.
Article 11
(1) A minor may not marry a minor. The court may exceptionally, in accordance with the purpose of the marriage to allow a minor over the age of 16 to marry. It is without the permission of the court marriage invalid. In such a case, the court will decide without a motion that the marriage is invalid.
(2) The court shall not decide on the invalidity of the marriage and the marriage shall become valid if the spouse or a wife (hereinafter referred to as “the husband”) who was a minor over the age of 16 at the time of the marriage, has already turned 18 or if his wife has become pregnant
Article 14
(1) A marriage is invalid if the declaration of marriage has not been made freely, seriously, definitely and intelligibly.
(2) The court shall decide on the motion of either person that the marriage is invalid pursuant to paragraph 1 husband.
(3) The right of the spouse to file a petition for the commencement of proceedings on the invalidity of the marriage pursuant to paragraph 1 shall expire one year from the date on which the grounds for the annulment of the marriage under paragraph 1 learned.
Article 17
Marriage does not arise if the declaration of marriage
a) was forced by force,
b) made by a minor under the age of 16,
c) was made before the relevant registry office, with the exception according to § 4 par. 2 and 3 or if the declaration of marriage has been made before the relevant mayor or mayor, or a member of the municipal council or city council,
(d) was made before a church or religious society not registered under special regulation, or if the declaration of marriage was made before a person, which was not authorized to perform the activity of a spiritual registered church or religious companies,
(e) was made abroad before an authority which was not designated for that purpose; or
(f) is made by a representative without a valid power of attorney or if the power of attorney has been revoked under of this Act.
Article 18
Spouses are equal in rights and responsibilities in marriage. They are obliged to live together, to be faithful, respect each other’s dignity, help each other, take care of the children together and create healthy ones family environment.