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平等措施
均等措施
According to the judgement of the Constitutional Court of the SR, the contested provision by failing to refer to the temporary nature of special equalisation measures as a relevant factor can eventually become the basis of discrimination against other groups without the existence of a constitutionally accepted basis for it.
Paragraph 8, section 8 of the Anti-discrimination Act did allow to adopt special equalisation measures, but only in relation to the disadvantage on the grounds of racial or ethnic origin: "for ensuring equal opportunities in practice and the compliance with the principle of equal treatment to adopt special equalisation measures to prevent the disadvantages associated with the racial or ethnic origin".
The introduction of such equalisation measures is currently made harder in Slovakia by the recently adopted judgement of the Constitutional Court of the SR, of October 2005, by which it ruled that the cited section of the Anti-discrimination Act established an advantage of persons that was related to the racial or ethnic origin and was therefore not constitutional.
On that account, the Ministry of Labour, Social Affairs and Family of the SR was assigned short-term and long-term priorities, which through temporary equalisation measures will promote equal opportunities on the labour market for the Roma.
It supported its decision on inconsistency of the Anti-discrimination Act with the Constitution of the Slovak Republic in its judgement, in particular, by claiming that the contested provision of the Anti-discrimination Act by adopting positive measures, which are special equalisation measures, establishes an advantage for the persons and at the same time fails to determine, even in a framework, the subject, content and the criteria for the adoption of special equalisation measures, whereby it undermines, in a constitutionally unacceptable manner, the legal security in legal relations created prior to and after the adoption of special equalisation measures.
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