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Act on Family and Amendment and Supplementation of Certain Acts
As indicated in the explanatory report, the aim of the new family law regulation has been predominantly to respond to the Convention of the Rights of the Child adopted in New York on 20 November 1989. This Convention came into effect in the Slovak Republic on 6 February 1991.
The new Family Act introduces changes mostly in regulation of the reasons for nullity and non-existence of marriage, parental rights and duties, new ways of regulating the relationship of a child, parent and other relatives, regulation of the child’s property administration, educational procedures, forms of alternate care, introduction of guardianship. The Act newly regulates alimony contribution, determination and denial of fatherhood and adoption.
Representation of the Minor
The Act explicitly introduces the definition of a collision custodian meaning a custodian determined by court who will represent the minor in proceedings or in connection with a specific legal act, if the minor has no legal representative or may not be represented by such person for reasons stipulated by law.
Alternate Care for the Minor
The ambiguity of alternate care for a minor regulated by previous provisions of law has been eliminated by a clear definition of three types of alternate care. Cases of alternate care are as follows: (a) personal alternate care, (b) foster parent care, and (c) institutional care. Alternate care may be established only in a court ruling and is temporary.
The new Act clearly stipulates who may exercise personal alternate care for a minor or to whom a minor may be entrusted for purposes of foster parent care.
Institutional care may be ruled by court only if a child may not be entrusted into personal alternate care or foster parent care.
Guardianship and Caretaking
The Act reintroduces guardianship and custody, terms clearly defined in the new legal regulations. The fundamental difference between a guardian and custodian being that a guardian represents a minor in his/her education process and administers his/her property in a manner comparable to the rights and duties of a parent while the nature and scope of rights of the custodian are determined by the purpose for which the custodian has been appointed.
Act on Healthcare and Related Services
Act on Personal Data Protection
Act No. 428/2002 Coll.
Section 8 Special Categories of Personal Data
(1) The processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, membership in political parties or movements, trade-union membership, and the processing of data concerning health or sex life shall be prohibited.
(2) In the processing of personal data, an identifier of general application stipulated by a special Act may be used for the purposes of identification of anatural person only provided that its use is necessary for achieving the given purpose of the processing.
Processing of a different identifier revealing characteristics of the data subject, or releasing of an identifier of general application shall be prohibited.
(3) Processing of personal data relating to abreach of provisions of the criminal law, misdemeanours act or civil law, or relating to execution of final judgements or decisions, may only be performed by a person entitled to it by a special Act.
(4) Biometrical data may only be processed under conditions stipulated by a special Act, provided that
a) it expressly results for the controller from the Act; or
b) the data subject gave a written consent to the processing.
(5) Personal data relating to mental identity of a natural person or his mental capacity to work may only be processed by a psychologist or by a person entitled to it by a special Act.
Section 9 Exceptions from Restrictions in Processing of Special Categories of Personal Data
(1) The prohibition relating to the processing of personal data under Section 8 Paragraph 1 shall not apply if the data subject gave a written consent to their processing, or if
a) the processing is required by a special Act stipulating a list of personal data, the purpose of their processing and the group of data subjects; the processed personal data of the data subject may be provided, made available or made public from the filing system only if the special Act stipulates the purpose of provision, making available or public, a list of personal data that can be provided, made available or public, as well as the third parties to which personal data are provided or a group of recipients to which personal data are made available, unless otherwise stipulated by this Act; or
b) the processing is necessary for protection of vital interests of the data subject or of another natural person without legal capacity or physically unable to give a consent and a consent of his legal representative cannot be obtained; or
c) the processing is performed within the framework of legitimate activities by acivil society, foundation or non-profit organisation providing generally beneficial services, by a political party or movement, trade-union organisation, church or religious society acknowledged by the State, and such processing only concerns their members or the natural persons which are in a regular contact with them with respect to their objectives, the personal data serve solely for their internal needs and will not be provided to a third party without a written consent of the data subject; or
d) the processing concerns the personal data which have already been made public by the data subject or which are necessary for exercising his legal claim; or
e) the processing is performed for the purposes of providing medical care and effecting public health insurance, provided that these data are processed by a provider of the medical care, a health insurance company or the Office for Internal Supervision over Health Care; or
f) the processing is performed within the framework of social insurance, social security of policemen and soldiers, for the purposes of provision of social relief or assistance in distress or if the processing is necessary for the purposes of fulfilment of obligations or exercising the legitimate rights of the controller responsible for the processing in the field of labour law and employment services, and if it results for the controller from a special Act.
Act on Residence of Foreigners and Amendment and Supplementation of Certain Acts
Code of Civil Procedure
Constitution of the Slovak Republic
(1) Women, minors, and persons with impaired health are entitled to an enhanced protection of their health at work as well as to special working conditions.
(2) Minors and persons with impaired health are entitled to special protection in labor relations as well as to assistance in professional training.
(3) Details concerning rights listed in sections 1 and 2 will be set out in a law.
(1) Marriage, parenthood, and the family are under the protection of the law. The special protection of children and minors is guaranteed.
(2) Special care, protection in labor relations, and adequate working conditions are guaranteed to women during the period of pregnancy.
(3) Children born in and out of wedlock enjoy equal rights.
(4) Child care and the upbringing of children are among the rights of parents; children have the right to parental care and upbringing. Parents’ rights can be restricted and minors can be separated from their parents against their will only by means of a court ruling based on the law.
(5) Parents caring for children are entitled to assistance from the state.
(6) Details concerning rights listed in sections 1 through 5 will be set out in a law.
(1) Everyone may claim by the established legal procedure his right to an independent and impartial court hearing and, in cases designated by law, to another body of the Slovak Republic.
(2) Anyone who claims to have been deprived of his rights by a decision of a public administration body may appeal to the court for it to reexamine the lawfulness of that decision, unless specified otherwise by law. The reexamination of decisions concerning basic rights and liberties must not, however, be excluded from the court’s authority.
(3) Everyone is entitled to compensation for damage incurred as a result of an unlawful decision by a court or another state or public administration body, or as a result of an incorrect official procedure.
(4) Conditions and details concerning court and other legal protection will be set out in a law.
Criminal Code of the Slovak Republic