Bulgaria

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Rape and Domestic Violence: The law criminalizes rape, and authorities generally enforced its provisions when violations came to their attention. Sentences for rape convictions range up to 20 years in prison. There is no specific criminal law against spousal rape; authorities could prosecute spousal rape under the general rape statute, but rarely did so. According to the NGO Bulgarian Fund for Women, domestic violence helplines received up to 50 percent more reports between April and November during the COVID-19 pandemic.

The law provides penalties of up to 10 years’ imprisonment for crimes committed in the context of domestic violence. The law defines domestic violence as systematic physical, sexual, or psychological violence; subjection to economic dependence; or coercive restriction of the personal life, personal liberty, and personal rights of a parent or child, a spouse or former spouse, a person with whom one shares a child, a cohabiting partner or former cohabiting partner, or a member or former member of the same household. The law restricts the persons who can report domestic violence to the victim or the victim’s direct relatives, and excludes friends and other unrelated persons. The law empowers courts to impose fines, issue restraining or eviction orders, and to order special counseling. Noncompliance with a restraining order may result in imprisonment for up to three years, or a fine. According to a nationwide study on violence commissioned by the Ministry of Labor and Social Policy and released in February, 56 percent of the population has experienced domestic violence.

In one example, on June 9, the Sofia regional court sentenced a man to one year in prison for inflicting bodily injuries on his wife of 15 years. The court heard testimony from witnesses including the victim, her daughter, a neighbor, and police who responded to an emergency call during a family altercation. The victim also had medical records showing injuries from two prior assaults. According to the victim, she only filed a complaint after long-term abuse because she noticed that her 10-year-old son had started copying his father’s behavior.

In January the NGO Center for Creative Justice reported concerns that the law does not provide sufficient protection to victims of domestic violence. In addition, a Supreme Cassation Court judgment granting a perpetrator of domestic violence the right to collect rent from the survivor could discourage victims from reporting domestic violence or petitioning for a restraining order. In June the ombudsman criticized the legal provisions exonerating the offending person from prosecution for inflicting a medium injury (e.g., a broken tooth) or a more serious injury, such as deliberately infecting a person with a sexually transmitted disease, and sent the Justice Ministry a proposal for abolishing these legal provisions.

NGOs continued to express concern over an increase in cases in which women or girls were killed as a result of domestic violence. NGOs criticized authorities for not tracking domestic violence cases and not keeping statistics, which NGOs claimed were needed for authorities to assess the risk of abuse turning deadly.

In June, Sofia police reported nine deaths from domestic violence since the beginning of the COVID-19-related state of emergency in mid-March, in addition to receiving 3,500 reports of domestic aggression and the Sofia City Court issuing 600 restraining orders. In September, for example, a man set his partner on fire in the village of Tri Kladentsi while she was sleeping. The woman died in the hospital. According to news reports, the man had previously attempted to drown her in a lake. As of October pretrial proceedings were underway and the perpetrator remained in custody.

The Animus Association Foundation and other NGOs provided short-term protection and counseling to domestic violence survivors in 22 crisis centers and shelters throughout the country. The government funded an NGO-operated 24-hour free helpline that survivors could call for counseling, information, and support, as well as to report abuse. Police and social workers referred domestic violence survivors to NGO-run shelters.

Sexual Harassment: The law identifies sexual harassment as a specific form of discrimination rather than a criminal offense, although prosecutors may identify cases in which harassment involves coercion combined with sexual exploitation. If prosecuted as coercion, sexual harassment is punishable by up to six years in prison.

Reproductive Rights: Couples and individuals generally have the right to decide the number, spacing, and timing of their children and had access to the information and means to do so, free from discrimination, coercion, or violence. Women in poor rural areas and Romani communities had less access to contraception due to poverty and lack of information and education. The cost of contraception was not covered by health insurance. Individuals younger than 16 could not schedule an appointment with a gynecologist or have an HIV test performed without parental consent. Lack of health insurance sometimes limited skilled attendance at childbirth. According to the Bulgarian Helsinki Committee, approximately half of all uninsured women, or between 8 and 9 percent of all women in the country, did not receive prenatal care, and approximately 80 percent of those uninsured (about 12 to 14 percent of all women) did not have access to relevant medical tests. Home births were illegal, and medical personnel could be prosecuted if they assisted them.

There were reports that maternity services were denied during the year due to COVID-19-related restrictions. In November and December, media reported that some hospitals refused to admit women in labor unless they produced a negative polymerase chain reaction test for the disease.

Victims of sexual violence, who NGOs stated were mainly uninsured, often did not have access to sexual and reproductive health services. Trafficking victims had access to health care through NGOs approved by authorities.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: While the law provides women the same legal status and rights as men, women faced some discrimination in economic participation and political empowerment. The law establishes equal opportunities in all spheres of public, economic, and political life, equal access to public resources, equal treatment, exclusion of gender-based discrimination and violence, balanced representation of men and women in decision-making authorities, and overcoming gender-based stereotypes.

In March the UN Committee on the Elimination of Discrimination against Women identified an increased number of cases in the country of “antigender discourse in the public domain, public backlash in the perception of gender equality, and misogynistic statements in the media, including by high-ranking politicians.” The committee also expressed concern that women facing discrimination had “limited access to justice owing to pervasive corruption, social stigma, the inaccessibility of the judicial system, and gender bias among law enforcement officers.” The committee further noted that women with disabilities and Romani women were “underrepresented in the parliament, ministerial positions, decision-making positions at the municipal level, and high-ranking posts in the foreign service.”

On December 22, the government adopted the new 10-year National Strategy for Encouraging the Equality between Women and Men, which focuses on five priority areas: equality in the labor market and an equal level of economic independence; decreasing the gender pay gap and income gaps; equal participation in decision-making; combating gender-based violence and providing victim protection and support; and overcoming gender stereotypes and sexism.

According to the National Statistical Institute, in 2019 women received on average pensions that were 32 percent lower than those for men. Women faced discrimination in employment, in the workplace, and in access to pension benefits and retirement (see section 7.d.).

Birth Registration: Citizenship derives from one’s parents or by birth within the country’s territory, unless one receives foreign citizenship by heritage. The law requires birth registration within seven days.

Education: Due to a lack of access to appropriate devices or the internet, the Ministry of Education estimated that 35,000 children could not fully participate in education after the COVID-19 pandemic forced schools to switch to online learning in mid-March. The Romani NGO Amalipe conducted a survey in 200 schools with majority Romani enrollment and found that in a quarter of them, more than 50 percent of the students did not have devices able to access online content. In 20 percent of the schools, most students could not afford to pay for suitable internet service. The survey found that 13 percent of the schools served neighborhoods where there was no internet service available.

Child Abuse: The law protects children against any type of abuse, including physical, psychological, and sexual violence and exploitation. The law punishes violators with fines, unless the abuses constitute a criminal or more severe administrative offense. Violence against children continued to be a problem.

In February the State Agency for Child Protection announced that it was taking over the national helpline for children from NGOs, explaining that the agency was ready to operate the system and that the public preferred the government to operate the helpline. In an open letter to the prime minister, 76 NGOs expressed concern that the transition would jeopardize the helpline’s operation and put at risk children and parents who seek help. The NGOs voiced suspicion that the decision stemmed from the “propaganda, misinformation, and fake news regarding the work of the helpline” spread throughout 2019 by other NGOs such as March for the Family and Parents United for Children, nationalist political parties such as VMRO and Vazrazhdane, and the Holy Synod of the Bulgarian Orthodox Church in a campaign against the government’s draft Strategy for the Child 2019-2030.

In June the NGO National Network for Children released its ninth annual “report card,” which concluded that “the government departed from the development of policies supporting children and families.”

In July a video posted on social networks showed a 32-year-old woman from Pernik beating her three-year-old daughter severely “because your father does not love you, he does not love me either.” The mother recorded it herself to “punish” the father. Authorities placed the child in a family-type home and brought charges for domestic abuse against the mother.

According to UNICEF one-third of all schoolchildren had experienced violence or harassment in school at least once within the year.

Child, Early, and Forced Marriage: The minimum age for marriage is 18. In exceptional cases, a person may enter into marriage at 16 with permission from the regional court. In its concluding observations in March, the UN Committee on the Elimination of Discrimination against Women expressed concern about the “persistence of child and/or forced marriages, in particular among Roma girls.” NGOs criticized authorities for treating early marriages as an ethnic Romani rather than a gender problem but acknowledged that child marriage was pervasive in Romani communities. As of September 23, the country’s courts had sentenced 85 adults for cohabiting with girls younger than 16, 11 adults for cohabiting with girls younger than 14, and 11 parents for aiding and abetting such cohabitation.

Sexual Exploitation of Children: The law differentiates between forcing children into prostitution, which is punishable by up to eight years’ imprisonment and a fine, and child sex trafficking, which is punishable by up to 10 years’ imprisonment and a fine. The law prohibits child pornography and provides for up to six years in prison and a fine for violations. Authorities enforced the law. The legal minimum age for consensual sex is 14. The report on the April 2019 visit of the UN special rapporteur on the sale and sexual exploitation of children found that “child sexual exploitation, including sexual abuse within the inner circle of trust and at a residential institution, is real and extensive.” The report acknowledged there was a lack of systematic and reliable data on the scope of the problem and cited evidence gathered from child protection stakeholders. The report also identified insufficient cooperation among the various authorities engaged in child protection as a problem.

Displaced Children: As of November a total of 512 unaccompanied minors sought asylum in the country, almost the same number as during the same period in 2019. As of October the Supreme Administrative Court was reviewing a case based on the 2017 petition from the ombudsman to establish uniform legal treatment of unaccompanied children across the court system. According to the ombudsman, courts apply varying standards for determining whether migrant children are unaccompanied and routinely placed children designated as such in detention centers for irregular migrants.

Institutionalized Children: The government continued to close residential care institutions for children. As of January a total of 476 children remained to be relocated from the 19 legacy facilities and placed in community-based care. According to the government, the focus of the reform was on preventing child abandonment and encouraging reintegration in a family environment. NGOs, however, believed that the new family-type placement centers did not ensure improved quality of life for children and the quality of family support services remained unchanged.

In November 2019, the NGO Disabilities Rights International published a report which concluded that the country’s deinstitutionalization reform had “replaced a system of large, old orphanages with newer, smaller buildings that are still operating as institutions” and that, while physical conditions in group homes were clean, they remained “dehumanizing and dangerous.” Most of the institutions in question housed children with disabilities, and while they provided good physical conditions (having been recently renovated or built), NGOs alleged that the service providers–other NGOs–isolated residents and immobilized them to avoid any trouble. The Ministry of Labor and Social Policy described the report’s findings as “biased, nonrepresentative, and seeking to demean the deinstitutionalization process.”

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

The 2011 census indicated that 1,130 Jews lived in the country, but local Jewish organizations estimated the actual number was 5,000 to 6,000.

Anti-Semitic rhetoric continued to appear regularly on social networking sites and as comments under online media articles. The Organization of Bulgarian Jews, or “Shalom,” reported a trend of increasing online anti-Semitic speech and conspiracy theories in the context of the coronavirus pandemic, as well as periodic vandalism of Jewish cemeteries and monuments. Souvenirs with Nazi insignia were available in tourist areas around the country. According to Shalom, the national coordinator on combating anti-Semitism and the Ministry of Interior “responded unfailingly” to anti-Semitic incidents, but weak laws prevented the authorities from punishing offenders more severely.

In January vandals broke tombstones and fences in the Jewish cemetery in Shumen. As of October authorities had not identified the perpetrators of the incident. In June vandals defaced a playground and the facades of the adjacent houses in Sofia with 56 swastikas. Authorities responded quickly, cleaning up the playground.

In February the Supreme Administrative Court upheld Sofia mayor Yordanka Fandakova’s ban on an annual march which gathers right-wing extremists from across Europe to honor Hristo Lukov, 1940s leader of an anti-Semitic and pro-Nazi organization, the Union of Bulgarian National Legions. The mayor’s ban cited serious concerns that a torchlight march in downtown Sofia would disrupt public order; the ban restricted the event to laying flowers at Lukov’s plaque in front of his house on February 22. The Ministry of Foreign Affairs, the Democratic Bulgaria alliance, the Bulgarian Socialist Party, NGOs, international organizations, and diplomatic missions denounced the rally. On February 10, a prosecutor petitioned the Sofia city court with a claim for deregistration of the rally organizer, Bulgarian National Union-Edelweiss, claiming its activity violated individual rights, incited ethnic, racial, and religious hostility and homophobia, spread anti-Semitic propaganda, and undermined national integrity. As of December the case was ongoing in the Sofia city court.

In June, Shalom reported organizations such as the Revived Bulgaria-Bulgarian National Unity and Military Union-Bulgarian National Movement, or “Shipka,” spread online propaganda alleging Jews were involved in the COVID-19 pandemic in order to provide “a deadly pseudoantidote” that would lead to the “mass extermination of people.” Authorities issued a warning protocol to Shipka leader Lyudmila Kostadinova, informing her that she would be held criminally liable if she persisted in making anti-Semitic statements.

On December 16, Sofia University fired Mihail Mirchev, a part-time professor teaching a course on social work with ethnic groups, after the university’s ethics commission found his lectures included negative ethnic stereotypes and denigrating cliches. The university’s decision came after a student society, Shalom, and other NGOs protested that Mirchev’s lectures featured racist, xenophobic, and anti-Semitic content such as: “Is it possible that Bulgaria could turn into a Jewish country if they, being fewer than 1 percent, own the state, the capital, the media, and the art?” Mirchev explained to the ethics commission that his words had been taken out of context and he denied sharing such views.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The law protects the rights of persons with physical, mental, intellectual, and sensory disabilities, including their access to health services, education, employment, housing, public infrastructure, transportation, sports and cultural events, public and political events, the judicial system, and other services. The government did not effectively enforce these provisions, focusing most of its efforts on providing disability pensions, social services, and institutional care. According to NGOs, the ongoing deinstitutionalization, which was designed to be a carbon copy of a similar reform of childcare institutions, failed to reintegrate persons with disabilities in the community. Instead, the government allocated domestic and EU resources for institutional care.

In January 2019 the prosecution service opened investigations against members of medical expert evaluation boards for defrauding the country’s social assistance system by approving “fake disability pensions.” As of October the investigations were ongoing.

While the law requires improved access to public and transportation infrastructure for persons with disabilities, enforcement lagged in some new public works projects and existing buildings. The Commission for Protection against Discrimination continued its nationwide campaign of inspecting public buildings, utility providers, telecommunications operators, banks, and insurance companies. Those not in compliance with the law for persons with disabilities were fined. According to the commission, while there was a general consensus on the problems faced by persons with disabilities, solutions took time to implement, and persons with disabilities had difficulty accessing not only public infrastructure, but also employment, health-care services, and education. According to the informal group Accessibility Alliance, the public environment for persons with disabilities remained a problem, as the law does not require accessibility of public development projects.

The law promotes the employment of persons with disabilities and covers 30 to 50 percent of an employer’s related insurance costs in addition to the full cost of modifying and equipping workplaces to accommodate them. The government provided a 24-month program of subsidies for employers who hire unemployed persons with a permanent disability. The law requires that companies with 50 to 99 employees hire at least one person with a permanent disability; in larger companies, persons with permanent disabilities must make up at least 2 percent of the workforce. According to the National Statistical Institute, in 2019 the number of unemployed persons with disabilities dropped by 4.8 percent and the number of employed persons with disabilities increased twofold compared to 2018.

Individuals with mental and physical disabilities were widely stigmatized and often housed in institutions in remote areas under harsh conditions. According to NGOs, the government did not provide adequate medical care for all persons with mental disabilities. In February 2019 the NGOs European Network for Independent Living, the Center for Independent Living, and the Validity Foundation issued a petition that claimed replacing legacy institutions with smaller community-based centers would result in “transinstitutionalization” and fail to deal with the “deeply ingrained discrimination, social exclusion, and segregation of these groups.”

The Ministry of Education transformed most of the 55 “special schools” for students with specific education needs into education support centers, leaving only five segregated schools with approximately 500 students with sensory and hearing disabilities. Most of the remaining 18,000 students with disabilities attended mainstream schools. Those studying in segregated schools received diplomas that higher-level learning establishments did not recognize as qualifying the student for further education.

In July the NGO Life with Down Syndrome Foundation petitioned authorities with a claim that medical certification regulations discriminated against children with Down syndrome, neglected their needs, damaged their entitlement to financial support, and restricted their right to a quality and dignified life. The regulations instruct the assessment committee to assign children with genetic anomalies up to the age of three a 50 percent disability and those older than age three a 30 percent disability, which determines the level of support they are entitled to, including financial benefits, and depriving them of additional opportunities for physical and psychological development.

NGOs believed police and prosecutors lacked training and skills in dealing with persons with mental disabilities and often traumatized them further with their actions.

The law provides specific measures for persons with disabilities to have access to the polls, including mobile ballot boxes, voting in a polling station of their choice, and assisted voting. According to the OSCE Office of Democratic Institutions and Human Rights, those measures were “not sufficient to ensure equal participation, especially for persons with visual impairments who cannot vote independently.”

Members of National/Racial/Ethnic Minority Groups

Societal intolerance against minority groups persisted, and manifested in occasional violence against the Roma in particular, as well as societal discrimination against ethnic Turks. Political and government actors sometimes condoned or prompted it. Human rights organizations reported that the level of racial discrimination against Roma persisted and increased during the coronavirus state of emergency. Media outlets often described Roma and other minority groups using discriminatory, denigrating, and abusive language, highlighting instances in which Romani persons had committed a crime. Nationalist parties such as Ataka, VMRO, and the National Front for Salvation of Bulgaria routinely resorted to strong anti-Romani, anti-Turkish, and anti-Semitic slogans and rhetoric. In May the UN special rapporteurs on racism and minority issues stated that “racial discrimination and racism within state institutions is a reality,” and called on the government to condemn hate speech and racist and nationalist populism targeting Roma and other minorities.

On May 14, four persons between the ages of 16 and 20 assaulted a 15-year-old Rom, Stefan Stefanov, near a school in Lyaskovets while he was on his way to a local shop. Stefanov subsequently stated that he lost consciousness after the first punch and only remembered waking up later in a park. According to media reports, the attackers’ parents offered to pay Stefanov a settlement if his family withdrew the charges. As of October police were investigating.

According to NGOs, government authorities, pressured by governing coalition member VMRO, imposed ethnically biased measures on Romani neighborhoods during the coronavirus crisis by restricting movement to and from them with police checkpoints even before identifying cases of infection. Local governments quarantined at least nine Romani neighborhoods during the pandemic compared with only three non-Romani communities. NGOs pointed out that while Romani neighborhoods were locked down, which restricted their residents’ access to basic services such as pharmacies and supermarkets, and contributed to higher unemployment, other neighborhoods with the same, or sometimes worse, levels of COVID-19 remained open. After the government lifted the state of emergency in May, VMRO insisted that Romani “ghettos” should remain restricted.

According to the Standing Roma Conference, local authorities disproportionately targeted illegal Romani dwellings for demolition. NGOs frequently petitioned the European Court of Human Rights to order the government to freeze the razing of homes in Romani neighborhoods until authorities provided adequate alternative accommodation for pregnant women, children, the elderly, and sick persons. In August the local government in Stara Zagora demolished 97 illegally built dwellings in the Romani neighborhood of Loznitsa, planning to turn the open space into a pine forest. Residents affected by the demolition told journalists they had been paying taxes on their properties and had no housing alternative, but the municipality had refused to sell them the land and legalize the houses.

The law establishes Bulgarian as the official language of instruction in the country’s public education system but allows instruction in foreign languages, provided that instruction in Bulgarian language and literature is conducted in Bulgarian. The law also permits study of the mother tongue. Local government and school officials reported they were instructed to ensure that primary school classes were conducted only in Bulgarian, even in schools where more than 50 percent of the students had Turkish or Romani as their mother tongue. There were officially approved curricula for the teaching of Armenian, Hebrew, Romani, and Turkish.

According to the National Statistical Institute, the average number of students who learned their mother tongue in public schools declined by nearly 14 percent for a second consecutive year, although there was a 22 percent increase in the number of Romani students studying their mother tongue. However, Romani NGOs claimed there were no students learning Romani and there was no officially approved textbook. The government operates foreign language schools in English, Spanish, German, Hebrew, French, and Italian, but none in Turkish.

On October 14, Kemal Eshref, GERB party regional coordinator and spouse of the deputy regional governor of Shumen, wrote on Facebook that since more than 50 percent of the population in Shumen was Turkish, school instruction in the region should be in Turkish. GERB’s local leadership distanced itself from Eshref’s statement, opposition socialist member of the National Assembly Ivan Ivanov called for prosecutorial investigation, and VMRO National Assembly member Dean Stanchev characterized it as “scandalous provocation, bordering on national treason since it represents an open call to separatism.” After the backlash, Eshref posted an apology on October 17 “to all who felt offended by his previous post,” explaining that it referred to allowing Turkish-speaking students an opportunity to learn their language as part of the elective curriculum.

The law prohibits ethnic segregation in multiethnic schools and kindergartens but allows ethnic segregation of entire schools. Of Romani children, 30 percent (up from 16 percent five years earlier) were enrolled in segregated schools outside mainstream education, according to the European Roma Rights Center. According to the NGO Amalipe, approximately 10 percent of general education schools in the country were ethnically segregated. Romani children often attended de facto segregated schools where they received inferior education. There were instances of ethnic Bulgarian students withdrawing from desegregated schools, thereby effectively resegregating them. Romani NGOs reported that many schools throughout the country refused to enroll Romani students. In March the Blagoevgrad regional court confirmed the Commission for Protection against Discrimination’s sanction on a local school principal for racial segregation and ethnic discrimination. In 2018 the principal refused to enroll new Romani students, arguing that the school had become segregated and she wanted to reverse that trend.

The Education Ministry provided financial support to municipalities that pursued policies for educational desegregation and prevention of resegregation.

According to the NGO Trust for Social Achievement, life expectancy was 10 years lower and infant mortality was twice as high in the Romani community compared with the general population. In addition, one-third of Romani men and two-fifths of Romani women between the ages of 45 and 60 had a disability. Health mediators helped Roma and other marginalized communities improve their access to health care; the National Health Mediators Network employed 245 mediators in 130 municipalities.

According to the BHC, Romani women were routinely segregated within maternity hospital wards. Romani NGOs stated that some municipalities set discriminatory requirements for access to services in order to restrict Romani women’s access to them. For example, the assisted reproduction program in Veliko Turnovo and the one-time allowance for giving birth in Svilengrad both require the mother to have completed secondary school.

NGOs identified an overall rise in the occurrence of hate speech and hate crimes. In September the Commission for Protection against Discrimination opened an inquiry into social media publications alleging the Heaven Hotel in Slanchev Bryag displayed signs advising that the swimming pool was for “white people only” and proclaiming “White Lives Matter.” Hotel owner Georgi Slavov denied to local media the existence of the signs but also expressed regret he had not put them up, since he claimed hotels were allowed that cater to guests based on whether they have children and for gays, so “why not [allow hotels] only for white people?”

The law prohibits discrimination based on sexual orientation and gender identity, but the government did not effectively enforce this prohibition. No laws protect against hate crimes based on sexual orientation and gender identity. Societal intolerance to lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons persisted.

There were reports of violence against LGBTI persons. On September 27, a group of approximately 30 teenagers, who had a goal of “cleansing” gays and lesbians, reportedly assaulted boys and girls whom they perceived as gay or lesbian with eggs, flour, and punches in the city garden in Plovdiv, shouting homophobic insults. Videos from the incident appeared on social media networks. As of October police had identified the attackers and had referred their names to the local education inspectorate for counseling with school psychologists. Police investigated by collecting evidence, examining videos, and interrogating witnesses. Police prevented similar occurrences in Burgas and Sofia after NGOs alerted them that incidents were being organized on Facebook. LGBTI NGOs expressed concern that authorities underestimated the homophobic threat when police initially provided little security at a scheduled demonstration in support of LGBTI rights on October 10 in Plovdiv. This allowed a group of counterdemonstrators to surround LGBTI activists and block their march for nearly an hour. Graffiti with threats appeared on the facades of the building where the organizer of the Plovdiv event worked and on the home of another local LGBTI activist.

According to LGBTI organizations, courts rejected the right of same-sex partners for protection against domestic violence because the law treats “spousal” only as applying to married persons who cannot legally be the same sex. The Commission for Protection against Discrimination reported receiving very few cases–two as of October–regarding sexual orientation. In May the Supreme Administrative Court revoked a decision of the Commission for Protection against Discrimination which had dismissed a 2019 complaint regarding homophobic threats and insults on Facebook against the Balkan Pride exhibition in Plovdiv. The court ruled that the commission had not fully utilized its powers to require law enforcement authorities to identify the authors of the offensive posts and had instead accepted the Interior Ministry’s “excuse” that it was unable to obtain data traffic information on user profiles due to Facebook being owned by a foreign company.

In May the EU Agency for Fundamental Rights reported that nearly 30 percent of LGBTI persons had experienced workplace discrimination. Further, nearly 40 percent of the LGBTI persons who had experienced workplace discrimination did not report it due to fear of police discrimination based on their sexual identity. A March study by the NGOs Single Step and Bilitis reported that 83 percent of LGBTI students had experienced homophobic insults, 70 percent had suffered harassment, 34 percent had been physically abused, and 19 percent had been assaulted, while 50 percent never reported incidents. According to the International Lesbian, Gay, Bisexual, Trans and Intersex Association’s annual report released in February, cases where officials publicly used homophobic speech increased.

NGOs stated persons suspected of being gay were often fired from their jobs, and such individuals were reluctant to seek redress in court due to fear of being identified as LGBTI. Many health professionals considered LGBTI status a disease. The general stigma around sexual orientation and gender identity frequently resulted in refusal of health services, particularly to transgender persons. NGOs complained that most political parties in the National Assembly, government ministers, and municipal authorities were reluctant to engage in a dialogue on the challenges facing LGBTI individuals and related policy issues.

NGOs urged the government to discontinue normalization therapies on intersex children, which were funded by the National Health Insurance Fund with consent from their parents.

In June the Sofia city court overturned a Sofia regional court decision to fine a couple and to issue a public reprimand for libelously stating in a complaint to police that the husband’s police officer brother was gay. The Sofia city court found that the trial court had violated the plaintiff’s right to privacy by accepting evidence and requesting a technical examination of his sexual orientation. The court further found that the defendants’ “views on homosexuality or transgenderness are only meaningful to themselves” and that their “discriminatory prejudice cannot stigmatize a certain sexual orientation and its public manifestation.”

On August 5, vandals destroyed posters from an exhibition titled Together Is Super which had been installed hours earlier on Lovers Bridge in Sofia as part of the Summer Festival of Equal Rights. The posters featured photographs of LGBTI, deaf, and Romani persons, and provided information about their communities and the discrimination against them. Authorities did nothing in response.

As reported by the government’s national program for HIV and sexually transmitted disease prevention and control, “Despite the enormous medical progress in HIV treatment, little has been achieved in terms of overcoming the stigma and discrimination [associated with HIV]. Negative societal attitudes have a strong impact on persons with HIV/AIDS.” According to the Health Ministry’s National Center for Infectious and Parasitic Diseases, there was on average a four-year delay in the diagnosis of persons with HIV because they were reluctant to be tested due to the stigma in society in general and from the medical community. In a media interview in July, the executive director of the National Patient Organization, Alexander Milanov, stated that “HIV patients are invisible” and cannot stand for their rights for fear of stigma and discrimination if they “come out.” According to the Bulgarian Infectious Disease Association, surgeons and intensive care wards often refused treatment to HIV patients, even though their infection had been brought under control. The stigma within the rest of the medical community was even greater. NGOs reported that the general stigma around sexual orientation and gender identity frequently resulted in denial of health services to persons living with HIV or AIDS.

According to a 2019 public opinion poll, 90 percent of those surveyed would not live with persons with HIV or AIDS, 75 percent would not be friends, 60 percent would not work with them, and 50 percent were afraid to communicate with such persons.

NGOs accused the health minister of age discrimination, and a group of lawyers challenged in the court his May 13 order which provided for mandatory isolation and hospitalization of COVID-19 patients who were 60 and older. On May 19, the minister amended the order, removing that provision.

Croatia

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Rape and Domestic Violence: The law criminalizes the rape of men or women, including spousal rape and domestic violence. The law was in most cases enforced. Sentences range from fines to jail, depending on the crime’s severity. Rape, including spousal rape, is punishable by a maximum of 15 years’ imprisonment. Conviction for domestic violence is punishable by up to three years’ imprisonment. Amendments to the penal code, which entered into force in January, introduced stricter penalties for violence among closely related family members and violence against women. In the amendments, sexual intercourse without consent is classified as rape, punishable with three to 10 years’ imprisonment. A separate law (Law on Protection from Domestic Violence), last amended in January, provides sanctions (fines and up to 90 days’ imprisonment) for misdemeanor domestic violence. According to the ombudsperson for gender equality, despite recent legislative changes, violence against women, including spousal abuse, remained a problem largely due to limited education on gender-based violence laws for investigators, prosecutors, and judges that often led to cases being decided in favor of alleged perpetrators.

On January 22, the municipal court in Slavonski Brod convicted Pozesko-Slavonska County Prefect Alojz Tomasevic to a 10-month sentence, suspended for two years, for domestic violence. State prosecutors reportedly did not request a prison sentence in the case, and Tomasevic remained in his position. Civil society organizations and the ombudsperson for gender equality criticized the verdict as too lenient and asserted that victims of domestic violence could have “no trust” in the country’s judiciary with such a punishment.

On April 19, Interior Minister Bozinovic publicly acknowledged increased public reports of domestic violence during the COVID-19 pandemic. According to the 2019 report by the ombudsperson for gender equality, the latest available, the number of misdemeanor cases of domestic violence decreased by 6.3 percent compared with 2018, while the number of criminal acts committed against “closely related people” (i.e., domestic violence cases) increased by 28 percent. The report stated that 78 percent of the victims of domestic violence were women (29 percent more than in 2018).

On March 12, the Croatian Association of Employers (HUP) signed a consensual termination agreement with former deputy director Bernard Jakelic after more than 10 female employees presented sexual harassment claims over the course of his 24-year career. Upon his dismissal, Jakelic received a significant severance pay package. The ombudsperson for gender equality filed a criminal complaint against Jakelic with the state prosecutor and warned HUP against revictimizing victims with its decision to sign a consensual termination employment agreement with the perpetrator instead of firing him.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children; to manage their reproductive health; and to have access to the information and the means to do so, free from discrimination, coercion, or violence. No legal, social, or cultural barriers adversely affect access to contraception. The government provided access to sexual and reproductive health services for survivors of sexual violence, including survivors of conflict-related sexual violence.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: Women have the same legal status and rights as men with regard to family, employment, labor, religion, inheritance, personal status and nationality laws, property, access to credit, owning or managing businesses or property, and voting. The law requires equal pay for equal work. The government did not enforce the law effectively. Women experienced discrimination in employment and occupation.

Birth Registration: Authorities registered all births at the time of birth within the country or abroad. Citizenship is derived by descent from at least one citizen parent or through birth in the country’s territory in exceptional cases.

Child Abuse: Amendments to the penal code, which entered into force in January, provide stricter penalties for grave criminal acts of sexual abuse and abuse of children. Penalties depend on the crime’s gravity and include long-term imprisonment if the child dies as a consequence of the abuse. Child abuse, including violence and sexual abuse, remained a problem. The ombudsperson for children reported in 2019 her office received almost 10 percent more overall complaints regarding children than in 2018. The office received 97 complaints of domestic violence against children, 35 more than in 2018 (a 56 percent increase). Violence was most frequently reported by parents, followed by institutions such as schools and kindergartens.

On March 18, media widely reported an incident from February 2019 in which a 54-year-old man allegedly threw his four children, ages three, five, seven, and eight, off the balcony of their home on the island of Pag, significantly injuring one. On March 18, the Zadar County Court convicted the perpetrator to 30-years’ imprisonment and mandatory psychiatric treatment for attempted murder.

Child, Early, and Forced Marriage: The legal minimum age for marriage is 18; children older than 16 may marry with a judge’s written consent.

Sexual Exploitation of Children: The law prohibits commercial sexual exploitation of children; the sale, offering, or procuring of a child for prostitution; and child pornography. Authorities enforced the law. Amendments to the penal code, which entered into force in January, provide stricter penalties for the sexual exploitation of children. The Office of the Ombudsperson for Children stated that crimes and violence committed against children increased during the year and claimed many crimes remained unreported. The Ministry of the Interior conducted investigative programs and worked with international partners to combat child pornography. The ministry operated a website known as Red Button for the public to report child pornography to police. The minimum age for consensual sex is 15.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

The World Jewish Congress estimated the country’s Jewish population at 1,700. Some Jewish community leaders continued to report anti-Semitic rhetoric, including the use of symbols affiliated with the Ustasha and historical revisionism. Historian Ivo Goldstein and Director of the U.S. Simon Wiesenthal Center Efraim Zuroff criticized the government for tolerating the rise of pro-Ustasha sentiment in the country.

During the observance of International Holocaust Remembrance Day on January 27, the Office of the Prime Minister characterized the Jasenovac concentration camp as a “painful and tragic part of the Croatian history” and stated that “remembering victims and strongly condemning atrocities are a pledge for Croatia’s European future.” On February 5, Prime Minister Plenkovic opened a Holocaust exhibition in Zagreb entitled If I forget you…The Holocaust in Croatia 1941-1945Final destination Auschwitz. The exhibition was open until mid-April and was located near the site where Jews were transported to Croatian and other European concentration camps.

On April 22, the government held its official annual commemoration for victims killed by the Ustasha regime at Jasenovac, which was also attended by President Zoran Milanovic. For the first time since 2016, after having boycotted previous government commemorations, representatives from the Jewish community, Serb National Council (SNV), Romani community, and Alliance of Antifascist Fighters joined the official commemoration. Head of the Jewish Community of Zagreb Ognjen Kraus was quoted by the media saying he attended to “extend the hand of friendship and goodwill” but still sought tangible results from the government in the fight against historical revisionism. Serbian Independent Democratic Party (SDSS) president and member of parliament Milorad Pupovac stated the participation represented a show of solidarity in light of the March 22 earthquake in Zagreb and COVID-19 crisis.

On June 3, the Zagreb High Misdemeanor Court ruled that the use of salute Za Dom Spremni (For the Homeland, Ready) when used by singer Marko “Thompson” Perkovic in his song did not violate the law. The Zagreb-based chapter of NGO Human Rights House claimed the constitution prohibits incitement of national, racial, or religious hatred.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The law prohibits discrimination against persons with physical, sensory, intellectual, or mental disabilities, including in access to education, employment, health services, information, communications, buildings, transportation, and the judicial system and other state services, but the government did not always enforce these provisions effectively. While the law mandates access to buildings for persons with disabilities, building owners and managers did not always comply, and there were no reported sanctions.

The 2019 report of the ombudsperson for persons with disabilities stated there were insignificant advances in policies aimed at persons with disabilities. The ombudsperson further stated that systemic solutions were lacking for special categories of persons with disabilities and children with early on-set developmental challenges. The ombudsperson also noted the law still lacks provisions to provide for the basic rights for persons with disabilities.

Children with disabilities attended all levels of school with nondisabled peers, although NGOs stated the lack of laws mandating equal access for persons with disabilities limited educational access for those students.

Members of National/Racial/Ethnic Minority Groups

Constitutional provisions against discrimination applied to all minorities. According to the ombudsperson for human rights, ethnic discrimination was the most prevalent form of discrimination, particularly against Serbs and Roma.

According to the SNV, the Serb national minority faced increased hate speech and anti-Serb graffiti. Serbs were subject to physical assaults especially in Vukovar, where Serb youths reportedly were attacked several times by Croatian youths. The SNV also said members of the Serb national minority faced significant discrimination in employment, and there were unresolved, long-standing issues of registration of Serb schools in Eastern Slavonia and in the justice system, particularly with respect to missing persons and unprosecuted war crimes cases.

On June 13, police arrested six Zagreb Dinamo soccer club fans after a photograph was circulated online of them posing with a banner depicting a vulgar and hateful anti-Serb message. Charges against the suspects were pending at year’s end. Separately, on June 14, Zagreb police reported they were investigating anti-Serb graffiti near a children’s park that depicted a “Serbian Family Tree,” with several individuals hanging from its branches, accompanied by a Nazi SS logo.

The eight parliamentary seats held by representatives of the national minorities became the main partner to the ruling HDZ’s coalition government following the July 5 parliamentary elections. Boris Milosevic, a member of parliament from the Serb national minority was appointed deputy prime minister in charge of social affairs issues and human rights.

On August 12, police confirmed they questioned a man from Perusic, later identified as the mayor of Perusic, Ivan Turic, on suspicion that he threatened a Romani woman with a handgun and shot at her children, allegedly because the woman’s goats entered the man’s field. Turic denied the accusations but confirmed police questioned him and told him to stay a minimum 328 feet away from the family who accused him.

The government and representatives of the Serb national minority publicly delivered positive messages of reconciliation on the 25th anniversary commemoration of Operation Storm in the town of Knin on August 5. In a speech at the event, Prime Minister Plenkovic acknowledged all victims, including Serbs, and expressed regret for war crimes committed by Croats. President Milanovic highlighted the victory, giving credit to the role of those who fought, but stated that unity required “different perspectives.” He acknowledged that crimes had been committed during the war and emphasized the need for better relations with Serbia, pledging to do everything he could do to accomplish that goal and calling on the Serbian leadership to do the same. Deputy Prime Minister Milosevic from the SDSS considered his participation at the commemoration to be a pledge for the future and the first step to reconciliation. Milanovic, Deputy Prime Minister and Minister of Veterans’ Affairs Medved, and Milosevic attended a commemoration for Serb civilian war victims in the village of Grubori on August 25. At the event Milanovic stated the commemoration was a “debt of honor,” adding that the “murder in Grubori was a moral disaster which harmed Croatia.” Medved declared establishing trust between the majority Croatian people and ethnic minorities was a prerequisite for development and a safe future together, while Milosevic stated the acknowledgement of all civilian victims was a prerequisite for reconciliation [between Serbs and Croats] in the country. On September 28, Prime Minister Plenkovic headlined a commemoration for nine Serb civilians killed in Varivode in the aftermath of Operation Storm in 1995, the first time a prime minister attended the event.

The law prohibits discrimination in employment and occupation, nationality laws, housing, access to education, and health care based on sexual orientation, gender identity, or gender expression. Representatives from minority groups said these provisions were not consistently enforced. A June report published by NGO Zagreb Pride stated that 60 percent of lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons experienced some form of discrimination, either at school, at work, or through contact with institutions such as the police, judiciary, and health systems. In June an NGO reported that two LGBTI persons experienced discrimination because of their sexual orientation and gender identity, one of whom claimed being verbally insulted and humiliated on a bus commuting from Rijeka to Zagreb. In the other, during the police questioning of the perpetrator, a witness was verbally attacked and spat upon because of her sexual orientation. The perpetrator was sentenced to a misdemeanor fine of 5,000 kuna ($770).

LGBTI NGOs noted the continuation of the judiciary’s uneven performance in discrimination cases. They reported members of their community had limited access to the justice system, with many reluctant to report violations of their rights due to concerns regarding the inefficient judicial system and fear of further victimization during trial proceedings. NGOs reported that investigations into hate speech against LGBTI persons remained unsatisfactory. According to Zagreb Pride’s report, since 2013 fewer than 10 percent of LGBTI persons had been subjected to physical or verbal violence at least once, of which 64 percent involved verbal abuse.

Anti-LGBTI organizations continued to promote anti-LGBTI sentiment in their rhetoric, declaring same-sex couples, same-sex parents, and transgender persons a threat to the country and to traditional society. In February during the traditional Mardi Gras festivities in the southern town of Imotski, three dolls depicting a same-sex couple and their child were publicly burned. Following the event, LGBTI organizations reported the organizers to police for public incitement of violence and hatred, while in Split the municipal state prosecutor pressed charges against them in June.

Societal discrimination against persons with HIV/AIDS remained a problem. The NGO Croatian Association for HIV (HUHIV) reported some physicians and dentists refused to treat HIV-positive patients. HUHIV reported violations of the confidentiality of persons diagnosed with HIV, causing some to face discrimination, including in employment, after disclosure of their status. There were reports that transplant centers refused to place HIV-positive patients on their lists of potential organ recipients.

HUHIV reported that the government’s National Plan for Fighting HIV helped combat the stigmatization and discrimination of persons with HIV/AIDS. Additionally, HUHIV reported that an HIV diagnosis was no longer listed on government-supplied sick leave forms, protecting the privacy of HIV-positive individuals.

Czech Republic

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Rape and Domestic Violence: The law prohibits rape, including spousal rape, and provides a penalty of two to 10 years in prison for violations, with longer sentences in aggravated circumstances. The government did not consistently enforce the law effectively.

Observers reported prosecutors and judges in rape cases often lacked knowledge on the subject and cited a shortage of experienced judicial experts. Demanding criminal procedures required repeated victim testimonies that contributed to their further traumatization. Penalties were often too low, and only half of all sentences included prison time.

NGOs and attorneys reported that an increasing number of victims of sexual violence did not meet the legal definition of a “particularly vulnerable victim,” attributing it to the court’s interpretation of the term. Victims were consequently not entitled to benefits such as free legal representation in courts. Victims of sexual violence were insufficiently shielded from “secondary or tertiary victimization,” which includes exposing them to attackers and asking about prior sexual history. In court proceedings, victims of sexual violence had the burden of proving lack of consent. Perpetrators of spousal rape, including brutal attacks, were frequently given inadequate sentences, including probation.

In July a regional court confirmed a lower court’s June decision that a victim of domestic violence did not qualify as a “particularly vulnerable victim” and therefore did not receive free legal representation. Her partner had repeatedly physically attacked her, choked her, and threatened her with a knife. The court based its decision on the victim’s financial means, ability to seek help, and a lack of evidence that she was at risk of secondary harm.

Domestic violence is punishable by up to four years in prison, with longer sentences in aggravated circumstances. Police have the authority to remove violent abusers from their homes for 10 days. The law states a removal order can remain in effect for a total of up to six months, including extensions. The Ministry of Interior reported police removed 1,256 offenders from their homes in 2019.

The law also provides protection against domestic violence to other individuals living in the household, especially children and seniors. The government supported a widely used hotline for crime and domestic violence victims.

In July, Charles University and several NGOs issued a survey evaluating the impact on domestic violence of the restrictive measures imposed in the spring due to COVID-19. The survey concluded the government failed to respond to the increased number of cases. NGOs reported that courts adjourned most of the proceedings related to domestic violence and sexual abuse while they continued to process other, less serious, cases. The survey noted that NGOs filled the gap and introduced new online services, virtual consultations, and other support measures to assist the increased cases of domestic violence unaddressed by the government.

In February the Vodafone Foundation, police, and the NGO Rosa fully launched a new mobile application, Bright Sky CZ. The application enables endangered persons to document incidents of domestic violence and provides a list of nearby domestic violence support services. It also serves as a resource for family and friends to help those suffering from abuse. In the first five months, 1,300 persons downloaded the application, and users submitted more than 500 questionnaires regarding their safety (in 270 cases the questionnaire was done by a third person regarding a potential victim).

NGOs reported an increase in calls to domestic violence hotlines during the spring COVID-19 lockdown. Some attributed the increase to the rise in domestic violence during the COVID-19 related state of emergency, with some NGOs reporting up to a 40 percent increase in their workloads or clients. Others attributed the increase in calls to the fact that in-person assistance was not possible during the state of emergency. Police data did not reflect an increase in domestic violence, but many NGOs attributed this to the limited work of police officers during the state of emergency.

Sexual Harassment: The antidiscrimination law prohibits sexual harassment and treats it as a form of direct discrimination. If convicted, penalties may include fines, dismissal from work, and up to eight years in prison. Police often delayed investigations until the perpetrator committed serious crimes, such as sexual coercion, rape, or other forms of physical assault.

Offenders convicted of stalking may receive sentences of up to three years in prison.

Reproductive Rights: Couples and individuals in most cases had the right to decide the number, spacing, and timing of their children. Most had access to the information and means to do so, free from discrimination, coercion, or violence. The government does not allow women access to artificial insemination (e.g., using the cells of an anonymous donor) without the written consent of their partner, and medical providers can only use artificial insemination for opposite-sex couples. Unmarried persons, persons who do not have consent from a partner, and LGBTI persons are therefore ineligible to receive treatment. Some observers reported that Roma faced obstructions in access to health care in general, including to reproductive health care.

The government provided access to sexual and reproductive health services for survivors of sexual violence.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities. Transgender individuals must undergo sterilization to obtain a sex change or receive legal gender recognition.

Discrimination: The law grants men and women the same legal status and rights, including under family, religious, personal status, labor, property, nationality, and inheritance laws. Women sometimes experienced employment and wage discrimination (see section 7.d.).

Observers criticized measures implemented under the first COVID-19 state of emergency that prevented persons other than medical personnel from attending childbirths, on the grounds that it was an infringement on the parental rights of fathers and the rights of birthing women to have help and support.

Although the number of children growing up in institutions has declined, the numbers were still very high. Observers criticized the length of foster care proceedings, the rising number of social work cases involving abuse or mistreatment, the lack of public housing, and difficulty accessing adaptive equipment for children with disabilities. Observers also criticized the lack of effective tools for identifying child victims in a timely manner. The lack of a centralized regulatory body or coordinated interministerial approach to child issues slowed the reform process.

In November the Council of Europe’s European Committee of Social Rights criticized the country for the extensive and discriminatory placement of disabled and Romani children in institutional care, such as infant homes for small children. According to their findings, the problem concerned hundreds of children younger than age three, mainly from low-income families.

Birth Registration: Children derive citizenship from their parents. Any child with at least one citizen parent is automatically a citizen. Children born to noncitizens, such as asylum seekers or migrants, retain their parents’ citizenship. Authorities registered births immediately.

Child Abuse: Prison sentences for persons found guilty of child abuse range from five to 12 years.

The Ministry of Labor and Social Affairs registered approximately 2,500 cases in which children experienced family violence. NGOs estimated 40,000 children experience some form of violence each year.

During the spring COVID-19 state of emergency, the government placed strict restrictions on the freedom of movement, subject to few exceptions such as procurement of food and medical services. In June the Children Crisis Center reported a twofold increase during the first half of the year in reported child abuse, including sexual violence. The center attributed the increase to social isolation, financial and psychological consequences of the pandemic and related restrictions, and the inability of children and families to access other assistance. In one case an abusive family member was returned to the household after his adult daughter asked for his removal because the emergency services could not place him in an open shelter or available housing.

Media reported several cases of child abuse that resulted in deaths, including several infants. Most deaths resulted from physical abuse by stepfathers or partners of mothers and involved substance abuse or mental health issues. Observers called for the establishment of a committee that would examine deaths of children and propose recommendations on systemic preventive measures. NGOs also called for increased support and funding to government agencies that provide legal assistance and social services to children.

In its annual report, the ombudsperson reported that facilities for short-term care of children in emergency situations were often used for unintended long-term housing, lacked expert psychological assistance for children, and did not communicate sufficiently with the children’s families.

Child, Early, and Forced Marriage: The minimum legal age for marriage is 18. Some members of the Romani community married before reaching legal age. The law allows for marriage at the age of 16 with court approval; no official marriages were reported of anyone younger than 16.

Sexual Exploitation of Children: The law prohibits commercial sexual exploitation of children and the possession, manufacture, and distribution of child pornography, which is punishable by imprisonment for up to eight years. The minimum age for consensual sex is 15. Sexual relations with a child younger than 15 is punishable by a prison term of up to eight years, or more in the presence of aggravating circumstances. The law prohibits all forms of trafficking and prescribes punishments of two to 10 years in prison for violations, with longer sentences in the presence of aggravating circumstances. These laws were generally enforced.

In February a documentary film, In the Net (V siti), premiered that followed online and in-person interactions between actresses posing as underage girls and real-life sexual predators and gained significant media attention. In the 10 days after they created three fake personal social media accounts, a total of 2,458 men contacted the women posing as underage girls. As a result of the film, police initiated nine criminal investigations on charges for illicit contact with a child, endangering the morals of a child, or possession of child pornography. The perpetrators were between the ages of 21 and 62; none had a prior criminal history. At least four men were convicted and received suspended sentences. One man had threatened to rape one of the actresses–who was posing as a 12-year-old–and attempted to blackmail her by posting her nude photos on social media. His case drew significant media coverage in November when he reached a plea agreement reducing the potential maximum sentence of 12 years to a three-year suspended sentence with five years’ probation.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

There were approximately 10,000 Jews in the country. Public expressions of anti-Semitism were rare, but small, fairly well organized right-wing groups with anti-Semitic views were active. The Ministry of Interior continued to monitor the activities of extremist groups and cooperated with police from neighboring countries as well as the local Jewish community.

The Ministry of Interior recorded 23 criminal offenses related to anti-Semitism in 2019. The Federation of Jewish Communities reported 697 incidents with anti-Semitic motives in 2019, of which 95 percent were cases of hate speech on the internet. Police investigated the publisher of a Czech translation of an anti-Semitic book for children written by a German author in 1938.

In July the government approved the 2020 Counter Extremism and Hate Crime Strategy that emphasized communication, prevention, and education to curb extremism and combat hostility of radicals. The strategy also addressed extremism and hate crimes on the internet.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. The ombudsperson acted as a mediator in most cases, and a small number of cases were prosecuted in the courts. Persons with disabilities continued to face a shortage of public social accommodations as well as accommodation on the market. Economic growth and measures to increase employment opportunities for persons with disabilities led to a significant decrease in the number of unemployed persons with disabilities, although the COVID-19 pandemic slowed that trend.

According to law, only children with significant disabilities should attend segregated schools with specially trained teachers. The government took steps that limited access of children with disabilities to educational support, including teaching assistants, citing budgetary constraints. A legal challenge to the changes was pending. Many children with disabilities were able to attend mainstream primary and secondary schools and universities, but funding for additional educational support such as teaching assistants and equipment remained insufficient.

In October an NGO published a report based on a survey of 335 Czech organizations that work with persons with disabilities. In the previous three years, 52 percent of the organizations encountered at least one case of violence against a person with disabilities, and one-third encountered violence based on prejudice. The organizations stated that many cases of violence against persons with disabilities were not reported; 18 percent of respondents stated that either they or their colleagues had previously been attacked in connection with their work. Respondents reported a broad range of prejudicial violence, including verbal insults and humiliation by strangers in public places; harassment and bullying in the school, workplace, and neighborhoods; and robbery, extortion, and physical assaults by family members or friends. Perpetrators included nurses in caretaker facilities, special education teachers, and state employees.

The NGO report cited a case in which a man at a train station attacked an adult who had a mild mental disability and visual impairment associated with difficulty in expression and poor spatial orientation. The perpetrator called the victim insulting names evoking the victim’s disabilities, filmed the attack on his cell phone, and made derogatory comments against persons with disabilities in general.

In July the government approved its National Plan for the Promotion of Equal Opportunities for Persons with Disabilities for 2021-2025.

The ombudsperson’s office is a monitoring body under the UN Convention on the Rights of Persons with Disabilities. In September the office held the first meeting of a newly established advisory body for persons with disabilities. The ombudsperson visited governmental and private workplaces employing incarcerated or institutionalized persons, including persons with disabilities, to examine conditions, assure respect for fundamental rights, and advocate for improved protection against mistreatment. The ombudsperson criticized the lack of accommodations for disabilities in the railroad industry and assisted on cases in that field. The ombudsperson also criticized the lack of guide dog access laws.

The ombudsperson reported in October that courts had addressed 19 cases of discrimination based the grounds of disability from 2015 to 2019, in which the ombudsperson participated in 14. The cases alleged discrimination in employment, education, medical care, accessibility, and social inclusion. Plaintiffs sought and were entitled to various forms of relief, including monetary penalties and injunctions. The ombudsperson highlighted that the cases resulted in a number of positive outcomes, including recognition that HIV infection is a “physical disability”; judgments in favor of a man who was denied an apartment because of visual impairment and a child who was denied education because of an autism diagnosis; and an extension of the right of parents of a deceased girl with disabilities to file a complaint.

According to the Office of the Government, ministries were not complying with the law requiring companies and institutions with more than 25 employees to have 4 percent of staff be persons with physical disabilities. Instead of employing persons with disabilities, many companies and institutions either paid fines or bought products from companies that employed persons with disabilities, a practice that the National Disability Council and the ombudsperson criticized.

The ombudsperson reported 32 percent of proven discrimination cases from 2009 to 2019 were due to disabilities.

In 2019 a district court in Ceske Budejovice agreed with the ombudsperson that a teacher with a visual impairment was the victim of discrimination by the school principal, who bullied her and ultimately attempted to terminate her employment on the grounds of disability. The court granted the teacher compensation, and the school withdrew the notice of termination. During the year the ombudsperson similarly helped a visually impaired person after an appliance vendor failed to accommodate her disability. The penalty included additional training for the vendor’s employees.

Members of National/Racial/Ethnic Minority Groups

There were approximately 300,000 Roma in the country, and many faced varying levels of discrimination in education, employment, and housing, as well as high levels of poverty, unemployment, and illiteracy. The government introduced some legal measures that were considered controversial and moved the Agency for Social Inclusion from the Office of the Government to the Ministry of Regional Development. The agency lost the capacity to coordinate work with different ministries.

Hate crimes against Roma and minorities continued to be a problem. In September a regional court in Ostrava sentenced a man to five years in prison for attacking and injuring a Romani man in a bar. The court determined that the attack was motivated purely by the victim’s ethnicity. The judgment was subject to further appeals.

Government officials noted problems faced by dozens of Romani Czechs who returned from the United Kingdom during the year, both due to COVID-19 and Brexit. The returning citizens resettled primarily in areas with heavy concentration of Roma, such as the towns of Ostrava and Usti nad Labem, and confronted a lack of housing and social assimilation problems. Anticipating that more Roma would return from the United Kingdom due to Brexit, the Ministry of Labor and Social Affairs sent a representative to Czech consular offices in the United Kingdom to assist them.

School segregation remained a problem. NGOs reported there are approximately 12 schools that are fully segregated and 70 where more than half of the pupils are Roma. Observers criticized attempts by the Ministry of Education to limit the availability of educational support and to undermine minorities’ interests by amending the implementing regulations of well received 2016 legislation promoting integrated education.

Experts noted that the Education Development Strategy 2020-2030 issued by the Ministry of Education lacks a specific action plan, funding, and delegation of responsibilities. Experts also noted that precise statistics on percentages of Romani students in public schools were missing, hindering the formulation of effective inclusion measures.

Approximately one-third of Roma lived in socially excluded communities and continued to face difficulties obtaining both public and private housing. Unemployment in these communities was 31 percent, compared with 6 percent or less in nearby areas before the COVID-19 pandemic. Some municipalities continued to use a 2017 amendment to the law addressing poverty, which reduced government housing subsidies in areas that cities designated as blighted, to push Roma and other low-income citizens into a city’s periphery. Observers reported that this tool was even used against individual families to move them from their houses. Several senators initiated a constitutional complaint and requested the Constitutional Court to annul certain provisions of the law; however, the case remained pending. A government-funded investment program focused on building new public housing units and providing social services through two projects totaling 1.35 billion crowns ($58 million) continued and was made available to more cities. The Agency for Social Inclusion continued to oppose a shipping-container housing proposal in the city of Most and provided alternate solutions for the Chanov housing division; the city continued with its program, however.

The government took steps to promote Romani culture and heritage. The Museum of Romani Culture received a property in Prague from the Ministry of Culture to serve as the site of a new cultural center. Demolition of a Communist-era pig farm at the site of a WWII concentration camp for Roma in the town of Lety was postponed due to COVID-19 pandemic, although the projected completion date of 2023 remained unchanged.

Roma were the most frequent targets of hate speech on the internet, and authorities took steps to address it. In October a regional court upheld a suspended sentence for a man who posted threatening comments on the internet under a school photo of first graders from a local school. The children were mainly Romani, Arab, and Vietnamese, and the comments suggested sending them to gas chambers. The regional court denied the appeal.

In August police brought charges against an individual for posting an online article about an apartment building fire in the town of Bohumin in which 11 persons died. The article baselessly claimed the alleged arsonist and victims were Roma and used graphic and offensive language in reference to the victims and the incident. Charges carry a maximum sentence of three years in prison.

In March a court sentenced 13 individuals to suspended penalties (up to 16 months in prison with four years’ probation) for online attacks against Romani singer Radoslav Banga. In 2016 Banga posted on Facebook that he had walked out of the Czech Nightingale music awards ceremony to protest an award given to Ortel, a band associated with the far right. In response hundreds of hate comments appeared on Facebook. One comment called for a “white homeland” and for minorities to be sent to the gas chambers.

Antidiscrimination laws prohibit discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons in housing, employment, and access to health care, and the government generally enforced such laws. The country does not have specific hate crime provisions covering sexual orientation and gender identity. The number of incidents of violence based on sexual orientation was low. Local LGBTI leaders stated citizens were largely tolerant of LGBTI persons but feared society tended generally to be more divided and intolerant to minority groups.

Based on a 2019 survey by the ombudsperson, 86 percent of transgender persons reported experiencing discrimination in the previous five years, compared to 58 percent of lesbian and 33 percent of gay persons. More than one-third of surveyed LGBTI persons claimed they had faced discrimination in the previous five years, which was three times higher than for the general population. Of LGBTI survey participants, 91 percent indicated they did not report incidents of discrimination to authorities because they believed the incidents were either minor or that authorities would not take action. The most common locations where discrimination against LGBTI persons occurred were at work and school.

The law on victims of crimes covers lesbian, gay, bisexual and transgender minorities, but they are not considered “particularly vulnerable persons” and are not entitled to additional legal protections, unlike children, seniors, and victims of trafficking or terrorism.

During Prague Pride Week in August 2019, an individual set fire to a rainbow flag and fired flares at visitors to Pride Village–the main site of the Prague pride activities. The perpetrator was conditionally sentenced to 10-months’ imprisonment with a probation period of five years and assessed a monetary penalty.

NGOs reported a 50 percent increase in LGBTI children and teenagers who sought help in crisis centers during the COVID-19 pandemic. NGOs attributed the increase to the inability of LGBTI youth, some of whom have not publicly come out, to connect socially and in person with their peers in the LGBTI community.

Transgender individuals are required to be sterilized to obtain a sex change or receive legal gender recognition. The Council of Europe found this practice contrary to EU member commitments on the protection of health. The ombudsperson recommended the government submit amendments to relevant laws. In May 2019 the Supreme Administrative Court ruled, contrary to the European Court for Human Rights, the sterilization requirement was legitimate. The decision was challenged in the Constitutional Court, and the case was pending.

Persons with HIV and AIDS faced societal discrimination, although there were no reported cases of violence. HIV/AIDS is classified as a disability under the antidiscrimination law, which contributed to the stigmatization of and discrimination against HIV-positive individuals. Individuals with HIV and AIDS often preferred to keep their status confidential rather than file a complaint, which observers believed led to underreporting the problem. The Czech AIDS Help Society noted most insurance companies did not provide health insurance to persons with HIV and AIDS.

NGOs reported that some physicians refused to treat HIV-positive patients, and 67 percent of an estimated 3,500 HIV-positive persons in the country reported they were denied medical care at least once. Some patients were openly told that HIV was the reason for the denial. Observers were concerned that the COVID-19 pandemic may have led to reduced testing for HIV and resulted in fewer diagnoses.

Observers noted violence and discrimination against NGO employees and foreigners.

Online hate attacks, including death threats, against the director of an NGO that provides legal support to hate crime victims, including different minority groups and migrants, continued in 2019 and 2020. The director received hundreds of hate emails. The perpetrator testified at court that the main motivation for his attacks was to force the director to stop devoting her time to protection of victims of hate crimes. Employees of NGOs focusing on persons with disabilities also reported verbal attacks.

NGOs actively worked to combat anti-Muslim attitudes and reported a decrease in reported incidents. In October 2019 the district court in Teplice gave suspended sentences to a couple for the 2018 attack on a Muslim woman and her husband. The couple confronted the woman and her husband in a park in Teplice with an air gun and threatened to kill them.

In April a female Muslim student from Somalia withdrew her lawsuit against her secondary medical school, which banned wearing a hijab in school. At the time of the withdrawal, the matter was pending before a trial court in Prague after the Supreme Court remanded the case, stating that religious pluralism must be respected. The plaintiff cited fears of threats and retaliation as her reasons for withdrawing the lawsuit.

Hungary

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Rape and Domestic Violence: Rape of men or women, including spousal rape, is illegal. Although there is no crime defined as rape, the equivalent crimes are sexual coercion and sexual violence. These crimes include the exploitation of a person who is unable to express his or her will. Penalties for sexual coercion and sexual violence range from one year in prison to 15 years in aggravated cases.

The criminal code includes “violence within partnership” (domestic violence) as a separate category of offense. Regulations extend prison sentences for assault (“light bodily harm”) to three years, while grievous bodily harm, violation of personal freedom, or coercion may be punishable by one to five years in prison, if committed against domestic persons.

By law police called to a scene of domestic violence may issue an emergency restraining order valid for three days in lieu of immediately filing charges, while courts may issue up to 60-day “preventive restraining orders” in civil cases, without the option to extend.

Women’s rights NGOs continued to criticize the law for not placing sufficient emphasis on the accountability of perpetrators and the tendency of authorities to blame the victims. In November 2019 local media reported on a woman who shared photos on Facebook about how she had been physically assaulted on several occasions by her partner, a former member of the defense forces. While an investigation was underway in the case, her partner sued the woman for defamation and breach of his privacy rights. Women’s rights groups held a solidarity protest during the court hearing in Miskolc on September 28.

The Ministry of Human Capacities continued to operate a 24-hour toll-free hotline for victims of domestic violence and trafficking in persons. The ministry also sponsored crisis centers and secure shelters for victims of domestic violence operated by civil society organizations and church institutions. The crisis centers provided immediate accommodation and care for individuals and families for up to 90 days. The secure shelters addressed the needs of severely abused women whose lives were in danger, who were allowed a maximum stay of six months at the shelters. One type of service was the “crisis ambulance,” which provided mobile walk-in consultations, but not accommodation, for survivors of domestic violence.

NGOs criticized the lack of training on gender-based violence for professionals and emphasized the need for broader awareness-raising efforts among the public to encourage victims to seek assistance and report violence without stigmatization.

Sexual Harassment: By law harassment of a sexual nature constitutes a violation of the equal treatment principle but is not a crime.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children. Individuals have the right to manage their reproductive health, and most had access to the information and means to do so, free from discrimination, coercion, or violence. During the year the state took over fertility clinics and began providing state-subsidized assisted reproductive services (artificial insemination and in vitro fertilization), primarily tailored to support heterosexual married couples who experienced difficulty conceiving naturally. LGBTI NGOs characterized access to assisted reproductive technologies as discriminatory against same-sex couples.

Contraceptives were available but were not covered by the state health-care system, which limited access of marginalized groups living in poverty, including Romani women. Sterilization for family-planning (nonmedical) reasons is limited to persons who are older than age 40 or already have three biological children.

The government operated state-funded shelters and a hotline for victims of crime, including sexual violence against women, but these did not provide specialized assistance and sexual and reproductive health services for survivors.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: The law provides for the same legal status and rights for women as for men. According to the Economists 2018 glass ceiling index, women constituted 14.5 percent of company board membership, based on 2017 data. Women’s rights organizations asserted that Romani women could suffer multiple forms of discrimination on the basis of gender, ethnicity, and class, and experienced barriers to equal access in education, health care, housing, employment, and justice.

Birth Registration: An individual acquires citizenship from a parent who is a citizen. Births were registered immediately. NGOs asserted the law provides only partial safeguards against statelessness at birth because all children of foreign parents born in the country are registered on birth certificates as being of unknown nationality. In addition the NGOs claimed that children born to stateless parents or to noncitizen parents who cannot pass on their nationality to their children were in some cases born and remained stateless.

Education: Although the law provides for free and compulsory education between the ages of three and 16 and prohibits school segregation, NGOs reported the segregation of Romani children in schools and their frequent misdiagnosis as mentally disabled. The European Commission opened an infringement procedure in 2016 due to concerns about the disproportionate overrepresentation of Romani children in special schools with intellectual disabilities as well as a considerable degree of segregated education in mainstream schools.

On February 13, the UN Committee on the Rights of the Child published its observations regarding the country’s adherence to the UN Convention on the Rights of the Child between 2014 and 2019. The report expressed concerns about continuing segregation of Romani children in schools and the increased gap in attainment between Romani and non-Romani children in different levels of education. The findings also noted that while there were more than 200 amendments of general legislation affecting children’s rights, the government did not assess the impact of these amendments before and after their adoption.

On March 13, the government announced that all schools would stay closed as an effort against the spread of COVID-19, with all students required to continue education through digital platforms. This posed a problem for disadvantaged children, particularly in the Romani community. Throughout March several Romani NGOs drew attention to the fact that Romani children often lived together with adults in small, overcrowded spaces that were unsuitable for distance learning and often lacked internet connections and electronic devices. They added that many Romani parents were undereducated and unable to help their children with their studies at home or to give them hot meals, which schools typically provided. More than 120 civil organizations across the country set up an action group to deliver food and other donations to families living in deep poverty.

On May 12, the Supreme Court upheld an earlier lower-level court ruling that ordered 99 million forints ($330,000) in damages be paid to 60 Romani students who were unlawfully segregated by and received inferior education from a local primary school in Gyongyospata for 14 years (see section 6, Ethnic Minority Groups). In response to the ruling, parliament in June amended the public education law to ban courts from awarding financial compensation as damages to those who received segregated education.

A 2019 report prepared by Romani and pro-Roma NGOs stated that one-half of Romani students dropped out of the education system. Only 24 percent of Romani students finished high school, compared with 75 percent of non-Romani students. Only 5 percent of Romani students entered university, compared with 35 percent of non-Romani students. The report noted that segregating Romani children in schools and lowering the mandatory school age to 16 contributed to high dropout rates.

In September the Ministry of Human Capacities cut state subsidies to public schools run by the Hungarian Evangelical Fellowship and Igazgyongy Foundation as well as the Dr. Ambedkar School, attended mostly by Romani children.

Child Abuse: Efforts to combat child abuse included a “child protection signaling system” to detect and prevent the endangerment of children; law enforcement and judicial measures; restraining orders; shelters for mothers and their children; and removal of children from homes deemed unsafe. The law provides that failure of a parent to “cooperate” with the doctors, district nurses, teachers, or family supporters in the signaling system automatically constitutes gross endangerment, even without any other signs of negligence or endangerment.

In December 2019 a man from the city of Gyor who was just released from prison for attacking his wife with a hammer in 2016, beat his 13-year-old stepdaughter and 10-year-old son to death, then hanged himself. The case received widespread media attention.

Child, Early, and Forced Marriage: The legal minimum age of marriage is 18. The Social and Guardianship Office may authorize marriages of persons between the ages of 16 and 18. The guardianship authorities consider whether a girl is pregnant in making their determination. Limited data exists regarding the prevalence of child marriage in the country, including in the Romani community.

Sexual Exploitation of Children: The law prohibits child pornography. The statute of limitations does not apply to sexual crimes against children. The government generally enforced the law. The minimum age for consensual sex is 12, provided the older partner is 18 or younger. Persons older than 18 who engage in sexual relations with a minor between the ages of 12 and 14 may be punished by one to five years’ imprisonment. By law statutory rape is a felony punishable by five to 10 years’ imprisonment if the victim is younger than 12.

NGOs criticized the practice of punishing children who were victims of sexual exploitation as misdemeanor offenders. On March 10, parliament passed amendments to laws regarding “action against exploitation of victims of human trafficking.” The new provisions entered into force on July 1 and prohibit the punishment of minors exploited in prostitution. Procuring minors for prostitution and exploitation of child prostitution is now a crime punishable by imprisonment between two to eight years.

In July the country’s former ambassador to Peru received a one-year suspended prison sentence and was ordered to pay a 540,000 forint ($1,800) fine for the possession of pornographic photos of children. The sentence prompted public and legal debates that punishments involving child pornography should be more stringent.

Institutionalized Children: The February report of the UN Committee on the Rights of the Child expressed concern over the high number of children living in institutional settings, including 300 children under three years of age. According to UNICEF Hungary, approximately 23,000 children were living in state care institutions. Pro-Roma NGOs noted that institutionalized children living in state care were especially vulnerable to human trafficking for prostitution and criticized the lack of special assistance for child victims of trafficking. In a 2018 report, the ombudsperson stated that one-third of children were placed in child protection care because of their families’ poor financial circumstances.

In August former residents and staff of the children’s home in Kalocsa told local media about the physical and verbal abuse that took place inside the institution for decades. The ombudsperson’s report from 2016 had concluded that supervisors regularly abused children.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

According to the 2011 census, 10,965 persons identified their religion as Judaism. According to estimates from the World Jewish Congress, the Jewish population numbered between 35,000 and 120,000 persons. A 2018 study published in Szombat, a leading Hungarian Jewish news outlet, found that 82 percent of Hungarian Jews had a direct family member or ancestor who lost their life in the Holocaust. Jewish organizations considered the Holocaust to represent a defining element in the identity of Hungarian Jews, and they regarded it as vital to preserve the memory of what occurred during the Holocaust.

The Action and Protection Foundation, a Jewish group monitoring anti-Semitism, registered 35 anti-Semitic hate crimes in 2019. These were 27 cases of hate speech, six of vandalism, one threat, and one case of assault.

A prominent Jewish leader said that while Jews are not physically threatened in the country, the government engages in what often appears as anti-Semitic rhetoric that hurts many Jewish persons.

In an opinion piece published in the progovernment online outlet Origo on November 28, ministerial culture commissioner Szilard Demeter called a Jewish Hungarian-American businessman and philanthropist the “liberal Fuhrer” and wrote that Europe was his “gas chamber” with “poisonous gas” flowing from the capsule of a “multicultural open society.” Referring to the row over the EU’s new rule of law mechanism, Demeter described Poles and Hungarians as “the new Jews” targeted by “liber-aryans.” The Federation of Hungarian Jewish Communities (Mazsihisz) condemned Demeter’s comments as a “textbook example of Holocaust relativization” and “incompatible with the government-proclaimed zero tolerance against all forms of anti-Semitism”; the Unified Hungarian Jewish Congregation called Demeter’s comments “tasteless” and “unforgivable.” As of December government officials continued to defend Demeter’s continued tenure as a ministerial commissioner, arguing he had retracted the piece and apologized.

On March 5, graves at a Jewish cemetery in Kiskufelegyhaza were vandalized. Repair costs were estimated at between 300,000 and 2.5 million forints ($1,000 to $8,000).

On January 6, state-run Kossuth Radio station announced the appointment of Beatrix Siklosi as its new director. On January 27, in light of Siklosi’s history of making and spreading anti-Semitic and racist statements, 21 Jewish organizations published a joint open letter to the CEO of the public media organization MTVA, Daniel Papp, asking him to terminate Siklosi’s appointment. Papp rejected the accusations of anti-Semitism against Siklosi as unfounded.

On August 20, the government awarded the Hungarian Order of Merit to historian Erno Raffay, who has been criticized for disseminating anti-Semitic views. The European Commission coordinator on combatting anti-Semitism, Katharina von Schnurbein, condemned Raffay in a social media post on August 25 for openly spreading “anti-Semitic speech and conspiracy myths.”

On January 31, the government adopted a new national curriculum that was introduced on September 1 in elementary and secondary public schools. Jewish groups expressed concern that the mandatory reading material included works by writers widely viewed as anti-Semitic and removed works by Imre Kertesz, Nobel laureate for literature and Hungarian Holocaust survivor.

On February 8, approximately 500 to 600 members of radical right-wing and neo-Nazi groups from Hungary and other European countries gathered for a “Day of Honor” in Budapest, commemorating the attempted breakout of German and Hungarian troops in February 1945 during the siege of Budapest by the Soviet Red Army. Dressed in black and carrying flags of their respective far-right movements, they laid wreaths to honor “hero” Nazis and their collaborators. While police initially banned the event, a subsequent court ruling overturned the ban. Separated by a line of police, some 300 to 500 counterdemonstrators, including Romani groups, chanted and drummed during the event. No major conflicts were reported. The commemoration was followed by a march to the outskirts of Budapest following the route of the attempted siege-breakers, in which some participants wore historical uniforms and insignia. No senior government officials publicly condemned the event.

The opening of the House of Fates, a planned new Holocaust museum concept and education center in Budapest, remained pending due to controversy around the museum’s proposed concept. Leading Jewish groups and Holocaust scholars criticized the museum’s proposed concept as an attempt to obscure the involvement of the World War II-era Hungarian state and its leader, Miklos Horthy, in the Holocaust, given that Horthy allied Hungary with Nazi Germany and deported more than 400,000 Hungarian Jews in summer 1944 to Nazi death camps.

On March 1, approximately 1,000 demonstrators took part in a march organized by the far-right party Mi Hazank and the Betyarsereg and 64 Counties extremist groups honoring the centennial of Horthy’s coming to power.

Jewish leaders criticized Laszlo Biro, a Jobbik party member and the opposition parties’ unsuccessful joint candidate in the October 11 by-election in Borsod County, for anti-Semitic and racist statements.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The constitution and the law prohibit discrimination against persons with physical, sensory, intellectual, communicational, and psychosocial disabilities in employment, education, air travel and other transportation, access to health care, or the provision of other state services.

There were no data available on the percentage of government buildings accessible to persons with disabilities.

The government reviewed its 2019-36 deinstitutionalization strategy to reduce the number of persons with disabilities living in institutions with capacities greater than 50 persons. On April 28, it published its action plan, valid until 2022, to implement the 2015-25 national program on disability issues. International and domestic NGOs called on the government to avoid sustaining institutional culture by building mini-institutions because risks for persons in these settings remain as serious as for those in larger institutions. In a report released April 16 on its visit to the country in 2019, the UN Committee on the Rights of Persons with Disabilities stated that maintaining and expanding a national system of social care institutions “perpetuated segregation and isolation from society.” The report also stated that children with disabilities requiring high levels of support were overrepresented in segregated education. It also observed the prevalence of poor conditions in these institutions, overmedication, and violations of sexual and reproductive rights.

The constitution provides that a court may deprive persons with disabilities who are under guardianship of the right to vote in its adjudication of the individual’s limited mental capacity. NGOs noted that depriving persons with intellectual or psychosocial disabilities of their legal rights violated international conventions on the rights of persons with disabilities. Disability rights experts noted that persons with disabilities living in institutions were often placed under guardianship and noted the relative lack of government support for personal assistance in independent living situations.

Members of National/Racial/Ethnic Minority Groups

Roma were the country’s largest ethnic minority. According to the 2011 census, approximately 315,000 persons (3 percent of the population) identified themselves as Roma. A University of Debrecen study published in 2018, however, estimated there were 876,000 Roma in the country, or approximately 9 percent of the country’s population. The study claimed the 2011 census underestimated the size of the Romani community, since Romani respondents often preferred not to disclose their minority status. To avoid biased responses, the researchers gathered data from municipal governments and from Romani self-government bodies instead of asking respondents to self-report their ethnicity.

Human rights NGOs continued to report that Roma suffered social and economic exclusion and discrimination in almost all fields of life. According to an October 12 report prepared for the Council of Europe by the Advisory Committee on the Framework Convention for the Protection of National Minorities, Roma faced discrimination in education, employment, and access to housing and health care.

On May 28, the Mi Hazank party, joined by a few hundred supporters, held a demonstration against what they called “Gypsy crime” in front of the building of the National Roma Self-Government in Budapest. The demonstration was in response to a double homicide in downtown Budapest in which a teenager stabbed two young men. Unconfirmed press reports in some conservative and right-wing media alleged that the suspect was of Romani ethnicity. A Mi Hazank politician claimed, “The majority of perpetrators [of criminal acts] belonged to the Romani minority.” Police prohibited the gathering citing COVID-19 restrictions, but the party maintained that the demonstration was an “act of mourning” outside the scope of the law. Under heavy police presence, some protesters lit smoke bombs, chanted, “Yes, Gypsy crime exists,” and marched to the site of the scene of the killing joined by individuals from far-right paramilitary organizations. In a May 28 statement, the National Roma Self-Government stated that hostile incitement against Roma was increasing and criticized those who hold them collectively responsible for criminal acts instead of acknowledging individual responsibility. On June 1, Romani civil rights activists reported that the Roma Holocaust memorial in Budapest was defaced with the text “Eradicating Gypsies = eradicating crime.”

In a high-profile May 12 ruling, the Supreme Court upheld an earlier lower-level court ruling that ordered 99 million forints (approximately $330,000) in damages be paid to 60 Romani students who were unlawfully segregated by and received inferior education from a local primary school in Gyongyospata for 14 years. The educational authority and local government had asked the court to allow for educational instead of financial compensation, or to lower the compensation amount, but the court rejected both requests. On May 15, Prime Minister Orban called the ruling “unfair” and added: “It serves the law, but it does not deliver justice. From downtown Budapest, where the court is, justice for Gyongyospata is invisible. But we will find it.” The Fidesz member of parliament from Gyongyospata, Laszlo Horvath, called the ruling a “bad decision which disrupts social peace as it unilaterally and overwhelmingly punishes a whole town for the real or assumed grievances of a minority.”

On August 26, the Curia announced its ruling in favor of Romani mothers who were discriminated against in the maternity ward of a hospital in the city of Miskolc. The court agreed with the request by the plaintiff, the European Roma Rights Center, that the hospital immediately terminate the practice of requiring pregnant women’s family members to pay for a hygienic garment in order to accompany them in the hospital room. The plaintiff noted that Romani women were more likely to give birth alone and exposed to the risk of racist abuse and harassment by medical practitioners.

Segregation of Romani children in schools and their frequent misdiagnosis as mentally disabled remained a problem (see section 6, Children). Observers claimed the public education system continued to provide inadequate instruction for members of minorities in their own languages as required by law and that Romani language schoolbooks and qualified teachers were in short supply.

The law establishes cultural autonomy for nationalities (replacing the term “minorities”) and recognizes the right to foster and enrich historic traditions, language, culture, and educational rights as well as to establish and operate institutions and maintain international contacts.

The law prohibits discrimination based on sexual orientation. In addition, the law prohibits certain forms of hate speech and prescribes increased punishment for violence against members of the LGBTI community. Victims of discrimination had a wide choice of remedies, including a procedure by a designated government agency (the Equal Treatment Authority), enforcement of personality rights via civil court procedure, and sectoral remedies in media law. Only the civil procedure allows for the awarding of pecuniary and nonpecuniary damages. The Constitutional Court also offers possibilities to challenge allegedly discriminatory legislation. NGOs reported that the Equal Treatment Authority and courts enforced these antidiscrimination laws. On December 1, parliament voted to abolish the Equal Treatment Authority, viewed by LGBTI groups as one of the few remaining public bodies that delivered decisions against discrimination based on sexual orientation and gender identity, and to place it under the ombudsperson’s office as of 2021.

On December 15, parliament adopted a government-submitted amendment introducing additional gender-specific language into the constitution, declaring that “the basis for family relations is [heterosexual] marriage,” and “the mother is a woman, the father is a man.” It also declared that the country “protects children’s right to an identity based on their gender at birth” and that children must be guaranteed an “upbringing based on values stemming from [Hungary’s] constitutional identity and Christian culture.” Parliament also adopted government-submitted legal provisions on adoption allowing only married couples consisting of a woman and a man to adopt children, unless the minister for family affairs grants special permission.

On May 19, parliament adopted an omnibus bill that included provisions replacing the term “gender” with “gender at birth” in the civil registry and prohibited gender change on all official documents, such as identification cards, passports, and driving licenses. LGBTI organizations expressed public concern that as a result transgender persons could face harsh workplace and health-care discrimination or could be accused of fraud when presenting personal identity documents. Before the adoption of the amendment, a group of 63 members of the European Parliament sent an open letter to Justice Minister Judit Varga and the chief of the Prime Minister’s Office, Gergely Gulyas, asking them to withdraw the proposal.

In October, Prime Minister Orban stated that a book that depicted fairy tales with minority, Romani, LGBTI, and characters with disabilities was an “act of provocation.” The leader of the Mi Hazank party tore up a copy of the book in public, and a conservative campaign group collected signatures calling for a boycott. The Hungarian Publishers and Bookseller’s Association condemned the actions, comparing them to censorship under Communism or Nazi book burning.

On August 14, during the Budapest Pride Festival, members of the “Aryan Greens”–a supporters’ group of the Ferencvaros soccer club that includes far-right extremists–tore down the pride flag flying from the Budapest 9th district city hall building and shared photos on Facebook of demonstrators stepping on the flag and burning it. Police identified and detained one suspect on suspicion of harassment. NGOs noted that authorities did not classify the act as a hate crime. Subsequently the vice president of Mi Hazank, Elod Novak, tore down pride flags from two Budapest district city hall buildings. Party president Laszlo Toroczkai stated they would continue to take action against “violent, deviant homosexual propaganda, supported by international background forces,” which he said had reached a point where the symbol of “this satanic group” appeared on the facade of local council buildings. On August 17, a small group of far-right extremists attempted to disrupt a pride festival event but backed off after police asked for their identification. A group of approximately 20 persons dressed in black shirts with the text “Hungarian resistance” appeared at another pride event on August 18, where they damaged the restrooms of Loffice Budapest, which hosted the event.

On November 17, the Budapest Capital Regional Court ruled that police had failed in their duty when they did not take immediate action against a group of far-right extremists who had disrupted an LGBTI event at Aurora Center in September 2019. The Hungarian Helsinki Committee, which represented the plaintiffs, welcomed the court decision for finding that the intruders’ threatening actions and verbal violence were sufficient grounds for police intervention and for providing “clear guidance” to the authorities on what actions they must take if there is an attack on the LGBTI community.

According to the 2011 census, 5,579 persons identified their religion as Islam. Government officials regularly made statements in defense of a “Christian Europe.” In an essay published on the occasion of the start of the fall parliamentary session, Prime Minister Orban wrote in the daily Magyar Nemzet on September 21 that, while Central European countries were choosing a migration-free future, the majority population in large Western European cities and 20 percent of the European population would be Muslim by 2050. On August 31, Deputy Prime Minister Zsolt Semjen stated that the government had built or refurbished approximately 3,000 churches in the Carpathian Basin since 2010 and pledged that “none of those churches will be turned into mosques or shopping malls.”

Poland

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Rape and Domestic Violence: Rape, including spousal rape, is illegal and punishable by up to 12 years in prison.

While courts may sentence a person convicted of domestic violence to a maximum of five years in prison, most of those found guilty received suspended sentences. The law permits authorities to place restraining orders without prior approval from a court on spouses to protect against abuse.

On November 30, a new law entered into force introducing an immediate restraining order that may be issued by police who respond to a domestic dispute. Under the revised law, the perpetrator must immediately leave the location where the violence took place. The president signed the legislation into law on May 19.

The Women’s Rights Center reported that police were occasionally reluctant to intervene in domestic violence incidents, sometimes arguing there was no need for police intervention. The center also noted some women complained police did not properly respond to their calls because they were preoccupied with duties related to monitoring the implementation of COVID-19 restrictions. During the country’s lockdown in March and April due to the pandemic, women’s rights NGOs noted an increase in the number of calls to their hotlines from domestic violence victims.

The law requires every municipality in the country to set up an interagency team of experts to deal with domestic violence.

Centers for victims of domestic violence operated throughout the country. The centers provided social, medical, psychological, and legal assistance to victims; training for personnel who worked with victims; and “corrective education” programs for abusers.

Sexual Harassment: The law prohibits sexual harassment, and violations carry penalties of up to three years’ imprisonment. According to the Women’s Rights Center, sexual harassment continued to be a serious and underreported problem.

Reproductive Rights: Couples and individuals generally have the legal right to decide freely and responsibly the number, spacing, and timing of their children but had restricted access to the information and means to do so. On October 22, the Constitutional Tribunal outlawed abortion in all but limited circumstances, although the implementation of this ruling was delayed. NGOs noted that infertility treatments were only available to legally married couples defined as a man and a woman, restricting access by LGBTI couples and all single persons.

The law obliges both central and local governments to provide citizens with unrestricted access to methods and means serving “conscious procreation,” implemented by the government as gynecological counseling for women and girls and access to contraception. While there were no legal restrictions on the right to obtain contraceptives, a patient’s ability to obtain them was limited, according to NGOs. The Federation for Women and Family Planning (Federa) noted the government excluded almost all prescription contraceptives from its list of subsidized medicines, making them less affordable, especially for poor women in rural areas. The law also provides that doctors may refrain from performing health services inconsistent with their conscience. According to a report during the year by ASTRA (the Central and Eastern European Network for Sexual and Reproductive Health and Rights), doctors regularly used the conscience clause to refuse to write prescriptions for contraceptives. The report also noted that some pharmacies intentionally did not sell contraceptives or have them in stock. The law does not permit voluntary sterilization. According to Federa, young persons lacked sex counseling services.

Although women have the right to comprehensive medical services before, during, and after childbirth, home birth, while legal, is not subsidized by the National Health Fund. According to the Childbirth with Dignity Foundation, standards for perinatal and postnatal care written into the laws are adequate, but the government failed to enforce them effectively. A 2018 report by the Supreme Audit Office indicated women living in rural areas had limited access to medical services related to childbirth due to an insufficient number of gynecological and obstetric clinics in smaller towns and villages.

The government provided access to sexual and reproductive health services for survivors of sexual violence. According to women’s rights NGOs, access was limited due to victims’ fear of social stigma, some legal constraints, and the use of the conscience clause by medical doctors who refused to provide such services.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: The constitution provides for the same legal status and rights for men and women and prohibits discrimination against women, although few laws exist to implement the provision. The constitution requires equal pay for equal work, but discrimination against women in employment existed (see section 7.d.).

Birth Registration: A child acquires citizenship at birth if at least one parent is a citizen, regardless of where the birth took place. Children born or found in the country whose parents were unknown or stateless are also citizens. The government has a system of universal birth registration immediately after birth.

Child Abuse: A government ombudsperson for children’s rights issued periodic reports on problems affecting children, such as the need for improved medical care for children with chronic diseases. The ombudsperson’s office also operated a 24-hour free hotline for abused children. The government continued its public awareness campaigns, aimed at preventing physical violence or sexual abuse against children.

Child, Early, and Forced Marriage: The legal minimum age of marriage is 18, although courts may grant permission for girls as young as 16 to marry under certain circumstances.

Sexual Exploitation of Children: The law prohibits sexual intercourse with children younger than 15. The penalty for statutory rape ranges from two to 12 years’ imprisonment.

Child pornography is illegal. The production, possession, storage, or importation of child pornography involving children younger than 15 is punishable by three months’ to 10 years’ imprisonment. During the year police conducted several operations against child pornography and alleged pedophiles.

According to the government and the Children Empowerment Foundation, a leading NGO dealing with trafficking in children, trafficking of children for sexual exploitation remained a problem.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

The Union of Jewish Communities estimated the Jewish population at 20,000. Anti-Semitic incidents continued to occur, often involving desecration of significant property, including a synagogue and Jewish cemeteries, and sometimes involving anti-Semitic comments on television and social media. Some Jewish organizations expressed concern regarding the physical safety and security of their members.

On February 27, a member of the lower house of parliament, Janusz Korwin-Mikke, said, “As a result of the pogroms, the strongest and the most gifted [Jews] survived…. The Jews are a power because they had pogroms.” He added, “There are even theories that rabbis deliberately provoke pogroms precisely so that Jews survive and then there is natural selection.”

During the year there were several attacks on Jewish properties and houses of worship. Examples included: defacement in mid-March by unknown perpetrators of a plaque commemorating the local Jewish community and Jewish residents of the city of Szczecin, who were killed during World War II in the Belzec extermination camp; the breaking of a synagogue’s windows on April 14 in the city of Wroclaw by a man who used neo-Nazi speech and gestures; and the tipping over of dozens of tombstones by unknown perpetrators in three Jewish cemeteries in the city of Zabrze and the towns of Dobrodzien and Tarnowskie Gory in September.

In mid-June a narrative appeared in public media during the presidential campaign that drew accusations of anti-Semitism from the domestic and international Jewish community. On June 15, the state-run television broadcaster ran a story claiming that the main challenger to the incumbent president would use public funds to “compensate Jews” with respect to private property restitution should he be elected president. It also claimed the candidate’s approach to restitution “was not based on Poland’s interests” and included images of Israel, George Soros, the Auschwitz-Birkenau concentration camp, and money falling out of a bag. On June 16, American Jewish Committee Central Europe acting director Sebastian Rejak sent a letter to the Polish Media Ethics Council stating that public television coverage could “incite hatred and contempt towards Jews in the world and Polish Jews.” On June 18, Chief Rabbi of Poland Michael Schudrich and the Union of Jewish Communities in Poland released a joint statement that declared, “public media should educate and integrate, not divide” and added, “we must all speak against the use of anti-Semitism or hatred of any other group for political purposes.” On June 29, the OSCE issued a first-round presidential election assessment that stated public television had become “a campaign tool for the incumbent” with reporting that had “clear xenophobic and anti-Semitic undertones.”

A trial of six persons accused of publicly promoting Nazism in 2017 by organizing a celebration of Hitler’s birthday in a forest, donning Wehrmacht uniforms, and burning a swastika continued at year’s end. The incident was secretly filmed and later broadcast by undercover television journalists. The main organizer of the event, a member of the neo-Nazi Pride and Modernity Association, pleaded not guilty, claiming the event was private. In August 2019 in a separate case, the Gliwice Regional Court decided to dissolve Pride and Modernity, stating that the event was tantamount to approval or even affirmation of Hitler and Nazism. In November 2019 the legal representative of the association appealed against the decision. On February 5, the Gliwice District Court suspended the appeal procedure due to the continuing separate trial into irregularities related to the registration of the association.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The law prohibits discrimination against persons with physical, sensory, intellectual, or mental disabilities. The government did not effectively enforce these provisions, and there were reports of societal discrimination against persons with disabilities. The government restricted the right of persons with certain mental disabilities to vote or participate in civic affairs.

The law states that buildings should be accessible for persons with disabilities, but many buildings remained inaccessible. Public buildings and transportation generally were accessible, although older trains and vehicles were often less so, and many train stations were not fully accessible.

The law states that education is obligatory for all children, including those with disabilities. Children with disabilities may attend schools where they are integrated with children without disabilities, or they may attend separate schools, depending on the significance of their disability.

Members of National/Racial/Ethnic Minority Groups

A number of xenophobic and racist incidents occurred during the year. Several incidents tied to the COVID-19 outbreak occurred in the early days of the pandemic.

On February 28, a bridal store in Warsaw refused to serve two female customers of Indonesian origin because employees thought they might be infected with COVID-19.

On March 25, three men attacked a young Chinese woman who worked at the Silesian University in the town of Sosnowiec. The men surrounded her and shouted “coronavirus” and “China” at her. Police detained one man who was charged with assaulting the woman on the grounds of her national origin, for which he could face up to a three-year prison term.

On November 11, the annual Independence Day March in Warsaw was again organized by a coalition of groups, including the National Radical Camp and All Polish Youth, widely deemed extremist and nationalist in their ideologies. Unlike previous years there were no reports of slogans targeting national or ethnic minorities, but violence occurred mainly between some march participants and police. There was also an incident where participants threw flares at a building displaying a rainbow flag and the logo of a women’s rights group, starting a fire (no injuries were reported).

Societal discrimination against Roma continued to be a problem. The 2011 national census recorded 16,723 Roma, although an official government report on the Romani community estimated that 20,000 to 25,000 Roma resided in the country. Romani community representatives estimated that 30,000 to 35,000 Roma resided in the country.

Romani leaders complained of widespread discrimination in employment, housing, banking, the justice system, media, and education.

During the year the government allocated 11.2 million zloty ($2.88 million) for programs to support Romani communities, including for educational programs. The Ministry of Education helped finance school supplies for Romani children. The Ministry of Interior and Administration provided school grants for Romani high school and university students, postgraduate studies on Romani culture and history in Krakow, and Romani-related cultural and religious events.

The Ukrainian and Belarusian minorities continued to experience harassment and discrimination. On February 9, seven men verbally and physically attacked a group of five foreigners from Ukraine, Belarus, and Russia in the city center of Torun. One of the attackers, who turned himself in to police, was charged with using violence and making threats against others on the grounds of their national identity. On February 18, the man was placed in pretrial detention for three months. Police were searching for other perpetrators at year’s end.

On May 23, a man physically attacked a Ukrainian man and insulted his nationality in a store in the city of Gdansk. Police intervened and charged the man with public insult on the grounds of national identity. The man pleaded guilty and received 10 months of community service.

On June 27, a man attacked a Belarusian security guard in a store in Krakow after the guard asked him to leave the store for not wearing a face mask. The man verbally abused the guard and spat on him several times. On July 2, police detained the man and charged him with public insult on the grounds of national identity, for which he may face up to a three-year prison term.

During the year there were incidents of xenophobic attacks targeting those of African and Middle Eastern descent.

On July 14, two men attacked and shouted racist insults at a man of African descent at a bus stop in the town of Wieliczka. A bystander defended the victim and was also brutally attacked. On July 17, police detained one of the attackers and charged him with public incitement to hatred on the grounds of nationality, inflicting bodily harm, and making death threats. The man was placed in pretrial detention for three months.

On August 2, a group of six men verbally and physically assaulted a group of four foreigners, including citizens of Nigeria, Saudi Arabia, and Tunisia, on a street in Krakow. Four of the suspects were arrested and faced up to five years in prison for violence on the grounds of race or nationality. Police continued to search for the other two perpetrators at year’s end.

While the constitution does not prohibit discrimination on the specific grounds of sexual orientation, it prohibits discrimination “for any reason whatsoever.” The laws on discrimination in employment cover sexual orientation and gender identity but hate crime and incitement laws do not. The government plenipotentiary for equal treatment is charged with monitoring discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals and groups. LGBTI advocacy groups, however, criticized the plenipotentiary office for a lack of interest and engagement in LGBTI issues. The ombudsperson also continued to work on LGBTI human rights cases.

During the year several government officials made anti-LGBTI or homophobic public statements. In presidential campaign remarks on June 13, President Andrzej Duda asserted “LGBT ideology” was a form of “neo-Bolshevism” and “even more destructive” than Communism itself. Former interior minister and sitting Member of European Parliament Joachim Brudzinski wrote on Twitter on June 13 that “Poland without LGBT is most beautiful.” Minister of Education and Science Przemyslaw Czarnek stated on June 13 (he was not yet minister at the time) that LGBTI persons were “not equal to normal people.” On July 30, Deputy Minister of State Assets Janusz Kowalski declared the entire country should be an “LGBT-free zone.” He added that a law should be adopted to prohibit public funding of any activities of organizations that explicitly promote “LGBT.” At an election rally on July 1, President Duda said adoption by same-sex couples constituted experimentation on and enslavement of children. On August 25, then minister of education Dariusz Piontkowski defended the education superintendent of Lodz Province for saying the “LGBT virus…of ideology” was “much more dangerous” than COVID-19. On September 14, Law and Justice Party chairman and soon-to-be deputy prime minister Jaroslaw Kaczynski said “LGBT ideology” was a threat “to the very foundations of our civilization.”

On August 7, authorities used force to detain 48 persons in Warsaw during a protest against the pretrial detention of an LGBTI activist. The representatives of the National Preventive Mechanism (NPM) operating under the human rights ombudsperson investigated the mass arrest and released a report on September 7 that stated the treatment of detainees by police “constituted degrading treatment, and in some cases…inhuman treatment.” The NPM interviewed 33 of the 48 detainees, who complained, inter alia, about disproportionate use of force by police, use of homophobic or transphobic comments by police, lack of access to food and drinking water, not being promptly informed of the right to a lawyer, and difficulty in contacting or meeting with a lawyer. In an August 8 press conference, the minister of justice stated police had behaved professionally. On September 2, the deputy minister of interior and the chief of police briefed a Sejm committee on the August 7 events and argued the police reaction was appropriate and proportional to the situation.

During the year there were several verbal and physical attacks against members of the LGBTI community. On August 11, two perpetrators using homophobic language brutally beat a man in Poznan. The man sustained a broken nose and concussion as a result of the attack. The attackers were charged with bodily injury and theft. On August 14, an activist affiliated with LGBTI rights groups reported he was physically and verbally attacked in Warsaw because he was holding hands with his LGBTI partner. He reported he had a broken tooth and a black eye and that his partner suffered bruises on his body. Police opened an investigation into the incident.

During the year local governments around the country adopted “family rights charters,” bringing the total number who had adopted such charters or separate declarations rejecting “LGBT ideology” to more than 90 since 2019. These legally nonbinding documents focused in varying degrees on preventing “LGBT ideology” in schools, called for protection of children against moral corruption, and declared marriage as a union between a woman and a man only. LGBTI NGOs stated the declarations may have a chilling effect on institutions subordinate to local governments and may increase the number of hate crimes. On July 14, the Gliwice administrative court struck down a declaration adopted by the Istebna municipality as a result of a complaint filed by the human rights ombudsperson in December 2019. The court ruled the declaration violated administrative law and the constitution, in particular the ban against discrimination on the grounds of sexual orientation and gender identity. Minister of Justice and Prosecutor General Zbigniew Ziobro sent appeals against the ruling and a similar one regarding a declaration in the Klwow municipality to the Supreme Administrative Court in September. Meanwhile, on June 23 and 24, the Krakow administrative court rejected the ombudsperson’s complaints against the municipality of Lipinki and the county of Tarnow, arguing that the declarations neither limited nor interfered with the constitutional rights and freedoms of any group of citizens and did not discriminate against any person. On August 18, Ziobro defended local communities that signed such declarations and emphasized the declarations referred to “ideology,” not individuals. Ziobro argued that while local authorities did not persecute LGBTI persons, they also did not accept “offensive actions” of LGBTI groups that tried to “impose their ideology” on others.

On February 11, the Supreme Administrative Court dismissed the final appeal of a same-sex couple who wanted to register the birth of their foreign-born child in the country. The child was born abroad to the two women, and his foreign birth certificate listed them as his parents. Polish birth certificates list spaces for a mother and a father. The Supreme Administrative Court found that a woman could not be listed in the space provided for a father’s name, and a man could not be listed in the space provided for a mother’s name.

A 2019 survey conducted by Pew Research Center found a rise in tolerance toward the LGBTI community in the country, with almost half of citizens (47 percent) declaring society should accept homosexuality, compared with the 2002 edition of the survey, in which 40 percent of those polled expressed acceptance.

Romania

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Rape and Domestic Violence: Rape, including spousal rape, is illegal. The law provides for five to 10 years’ imprisonment for rape and two to seven years’ imprisonment for sexual assault. If there are no aggravating circumstances and the attack did not lead to death, police and prosecutors may not pursue a case on their own, but they require a victim’s complaint, even if there is independent physical evidence.

The law classifies family violence as a separate offense and stipulates that when murder, battery, or other serious violence is committed against a family member, the penalty is increased. The law also states that, if the parties reconcile, criminal liability is removed. Amendments to the law on equal opportunities for men and women passed during the year include cyberviolence among the forms of domestic violence and defines it as the occurrence of online harassment, online messages that incite to hate based on gender criteria, or the nonconsensual publication of private graphic content that aim to humiliate, scare, threaten or reduce victims to silence. The FILIA Center for Gender Studies and Curriculum Development–an NGO that aims to promote gender equality–stated that there were no regulations to implement these amendments.

Violence against women, including spousal abuse, continued to be a serious problem that the government did not effectively address. The law provides for the issuance of provisional restraining orders by police for a maximum of five days and restraining orders by a court for a maximum of six months upon the victim’s request or at the request of a prosecutor, the state representative in charge of protecting victims of family violence, or, if the victim agrees, a social service provider. Violation of a restraining order is punishable by imprisonment for six months to five years, but the FILIA center stated that some judges may issue lesser sentences because of overlapping legislation. The court may also order an abuser to undergo psychological counselling. The FILIA Center stated that police lacked procedures for the implementation and monitoring of restraining orders.

In February, a man under a restraining order killed his wife in the town of Chitila. According to the FILIA Center, the man had violated the restraining order multiple times, a fact which police were aware of, and the woman had asked social services to provide her a secure place to live in order to prevent her husband from contacting her. Regulations authorize local governments to establish emergency mobile intervention teams that assist victims of domestic violence. Observers stated that teams lacked training and funding and were often ineffective. The FILIA Center conducted a study that revealed that most local governments of cities and villages in Bacau County did not fund any social services for victims of domestic violence, a situation that was common throughout the country.

Several human rights activists reported that some police officers tried to dissuade victims of rape from pressing charges against their aggressors and, in some cases, refused to register criminal complaints submitted by victims. In some instances, police delayed action against sexual abusers. E-Romnja, an NGO that works to advance the rights of Romani women, stated police often discouraged Romani women and girls from filing complaints. E-Romnja described the case of a 14-year-old girl who reported a rape to police in April and continued to report the case for six months. Police opened an investigation but did not question the suspect and failed to protect the victim from repeated harassment by the suspect and his family. Following several interventions from the victim’s lawyer and E-Romnja, police forwarded the case to the Prosecutor’s Office and the suspect was placed in pretrial detention in September.

Courts prosecuted very few cases of domestic abuse. Many cases were resolved before or during trial when the alleged victims dropped their charges or reconciled with the alleged abuser.

Sexual Harassment: Criminal law prohibits sexual harassment, which it defines as repeatedly asking for sexual favors in a work or similar relationship. A victim’s complaint is necessary to initiate a criminal investigation. Penalties range from fines to imprisonment of three months to one year. The law on equal opportunities for men and women defines sexual harassment as the occurrence of unwanted behavior with a sexual connotation, which can be expressed physically, verbally, or nonverbally and has the effect or result of damaging a person’s dignity and, in particular, the creation of a hostile, intimidating, degrading, humiliating, or offensive environment.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children, but some individuals did not have access to the information and means to do so. According to several NGOs and observers, there were infrastructure and information barriers to an individual’s ability to maintain his or her reproductive health, including the lack of community health care and age-appropriate sex education for adolescents. Some women, especially those from poor, rural, or Romani communities, had difficulty accessing reproductive health services due to a lack of information, ethnic discrimination, and poverty.

Access to government-funded contraception and family planning services was limited because of insufficient funding and training for health professionals. According to the World Health Organization, as of 2020, 71.8 percent of women of reproductive age had their need for family planning satisfied by modern methods of contraception.

Observers reported that throughout the COVID-19 pandemic, some maternity hospitals were open only for patients infected with COVID-19, making access to reproductive and prenatal care more difficult. Although home birth is not prohibited by law, regulations forbid health professionals from providing home birth services. According to UNICEF, skilled health personnel attended 94.8 percent of deliveries in 2018.

The government provided access to sexual and reproductive health services to survivors of sexual violence, but some women had difficulties accessing these services.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: Under the law women and men enjoy equal rights. Women experienced discrimination in marriage, divorce, child custody, employment, credit, pay, owning or managing businesses or property, education, the judicial process, and housing. The law requires equal pay for equal work, but there was a 3.5-percent gender pay gap according to EU data. Segregation by profession existed, with women overrepresented in lower-paying jobs. There were reports of discrimination in employment. Women experienced discrimination in access to pension benefits and retirement (see section 7.d.).

Birth Registration: Children derive citizenship by birth from at least one citizen parent. Although birth registration is mandatory by law, it was not universal, and authorities denied some children public services as a result. Most unregistered children had access to schools, and authorities assisted in obtaining birth documents for unregistered children, but the education of unregistered children depended on the decision of school authorities. The law provides simplified birth registration for children whose mothers do not have proper documentation to register their children.

Child Abuse: Child abuse, including emotional, physical, and psychological violence and neglect, continued to be serious problems. Media outlets reported several severe cases of abuse or neglect in family homes, foster care, and child welfare institutions. The government has not established a mechanism to identify and treat abused and neglected children and their families.

Child, Early, and Forced Marriage: The legal age of marriage is 18 for both men and women, but the law permits minors as young as 16 to marry under certain circumstances. Illegal child marriage was reportedly common in certain social groups, particularly among some Romani communities. NGOs reported cases of Romani girls as young as 11 being sold into marriage by their families. Child protection authorities and police did not always intervene in such cases. There were no public policies to discourage child marriage.

Sexual Exploitation of Children: The law provides one- to 12-year prison sentences for persons convicted of sexual acts with minors, depending on the circumstances and the child’s age. Sexual intercourse with a minor who is 14 to 16 years of age is punishable by a one- to five-year prison sentence. Sexual intercourse with a person younger than 14 is punishable by a two- to nine-year prison sentence and deprivation of some rights. The law also criminalizes sexual corruption of minors (which includes subjecting minors to sexual acts other than intercourse or forcing minors to perform such acts), luring minors for sexual purposes or child prostitution, and trafficking in minors. Pimping and pandering that involve minors increases sentences by one-half. The law allows authorities to maintain a registry of individuals who had committed sexual offenses against or exploited adults and children.

Child pornography is a separate offense and carries a sentence, depending on the circumstances, of up to seven years’ imprisonment, which may be increased by one-third if the perpetrator was a family member or someone in whose care the child was entrusted or if the life of the child victim was endangered.

Institutionalized Children: During the year there were several media reports of abuses in placement centers for institutionalized children, including sexual abuse, physical violence by colleagues or staff, and trafficking in persons. Numerous reports noted a lack of adequate food, clothing, medical treatment, and counselling services.

According to media reports and NGOs, in 2018 psychiatrists administered psychotropic drugs to thousands of children in residential institutions or in foster care in order to control their behavior. According to official estimates, one-third of the institutionalized children, including those with disruptive behavior, attention-deficit, or hyperactivity disorder, were under psychotropic medication, but observers believed the number to be much higher.

By law unaccompanied migrant children are held in placement centers, where they have access to education and benefits other children receive. The detention of families with children is allowed by law, with preservation of family unity used as justification. Several such cases were recorded during the year.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

According to the 2011 census, the Jewish population numbered 3,271. Representatives of the Jewish community stated that according to their estimates, the Jewish population numbered approximately 7,000. Acts of anti-Semitism occurred during the year.

The law prohibits public denial of the Holocaust and fascist, racist, anti-Semitic, and xenophobic language and symbols, including organizations and symbols associated with the indigenous Legionnaire interwar fascist movement. The oppression of Roma as well as Jews is included in the definition of the Holocaust.

Streets, organizations, schools, or libraries continued to be named after persons convicted for war crimes or crimes against humanity, according to the Elie Wiesel Institute for the Study of the Holocaust in Romania. For example, Radu Gyr was a commander and anti-Semitic ideologist of the fascist Legionnaire movement convicted of war crimes. The Wiesel Institute requested the renaming of Radu Gyr Street in Cluj-Napoca. As of September, the local government had not changed the name of the street.

Material promoting anti-Semitic views and glorifying legionnaires appeared on the internet. According to a study released by the Wiesel Institute in May, several articles published online claimed that Jews or the state of Israel were responsible for the COVID-19 outbreak and were profiting from the health crisis.

In September media reported a case of anti-Semitic messages painted on the fence belonging to the relative of a mayoral candidate from the village of Dornesti in Suceava County. The messages included the candidate’s name, a swastika, and the Romanian equivalent of the ethnic slur ‘kike’.

In April 2019 media outlets reported a case of vandalism at a Jewish cemetery in Husi, where unknown individuals destroyed dozens of headstones. Law enforcement officials identified three suspects, and as of September the investigation was pending.

Romania introduced mandatory Holocaust education in 1998 and additional courses are sometimes offered. The high school course History of the JewsThe Holocaust was optional. During the 2019-20 school year, 3,209 pupils took the course.

See the Department of State’s Trafficking in Persons Report at www.state.gov/trafficking-in-persons-report/.

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. The government did not fully implement the law, and discrimination against persons with disabilities remained a problem.

The law mandates that buildings and public transportation be accessible for persons with disabilities, however, streets, buildings, and public transportation remain largely inaccessible. Persons with disabilities reported a lack of access ramps, accessible public transportation, and accessible toilets in major buildings.

Discrimination against children with disabilities in education was a widespread problem due to lack of adequate teacher training on inclusion of children with disabilities and lack of investment to make schools accessible. Most children with disabilities were either placed in separate schools or not placed in school at all. According to a report released by Save the Children Romania and the Ombudsperson in 2019, only 30 percent of schools had access ramps for persons with motor disabilities and only 15 percent of schools had accessible toilets.

The CLR identified a series of problems in centers for persons with disabilities or psychiatric sections, including verbal and physical abuse of children and adults, sedation, excessive use of physical restraints, lack of hygiene, inadequate living conditions, and lack of adequate medical care. In February the CLR released the conclusions of a visit made at a residential center for persons with disabilities located in the city of Husi, Vaslui County. According to the CLR, there were reasonable suspicions that the residents of the center were subjected to physical punishment and verbal abuse. The NGO also discovered unsanitary living conditions, overcrowding, and lack of basic personal hygiene products. According to the MFA, following a report published by CLR, the Prosecutor’s Office attached to the High Court of Cassation and Justice requested the Prosecutor’s Office attached to the Huși First Instance Court to examine the alleged abuses in order to establish whether there are elements that would warrant a criminal investigation concerning the conditions in the residential center.

The National Authority for the Rights of Persons with Disabilities, Children and Adoptions under the Labor Ministry coordinated services for persons with disabilities and drafted policies, strategies, and standards in the field of disabilities rights. The National Authority notified authorities about several alleged abuses against persons with disabilities interned in residential centers. In January the National Authority’s Director, Madalina Turza, announced it had notified prosecutors about the case of a resident of a center in Prahova County who, according to the center’s staff, accidentally fell and suffered head injuries. The staff did not call the ambulance right away and sent the person to the hospital only two days after the alleged accident. Doctors found evidence of repeated brain injuries and performed a surgery. One month after the surgery, the person was sent back to the center while in a coma where another resident allegedly unintentionally removed a medical tube attached to the patient. The center’s staff called an ambulance but several days later the patient died.

Members of National/Racial/Ethnic Minority Groups

Discrimination against Roma continued to be a problem. Romani groups complained that there were instances of police harassment and brutality, including beatings. Both domestic and international media and observers reported societal discrimination against Roma. NGOs reported Roma were denied access to, or refused service in, some public places. Roma also experienced poor access to government services, a shortage of employment opportunities, high rates of school attrition, and inadequate health care. A lack of identity documents excluded many Roma from participating in elections, receiving social benefits, accessing health insurance, securing property documents, and participating in the labor market. According to the Ministry of Interior, 177,816 persons older than age 14 did not have valid identity documents. Romani rights activists reported that most of these persons were Roma who cannot acquire legal identity documents because they resided in informal settlements and housing. Roma had a higher unemployment rate and a lower life expectancy than non-Roma. Negative stereotypes and discriminatory language regarding Roma were widespread.

In July the “Impreuna” Agency for Community Development released the results of a poll that showed seven in 10 residents of the country do not trust Roma and that 41 percent of respondents did not accept the idea of living in the same city or village with Roma. In March and April, several local government officials publicly claimed cited Roma in particular spread COVID-19, stoking anti-Romani sentiment. Throughout March and April, media outlets regularly alleged that Roma disobeyed COVID-19 stay-at-home measures. News stories specifically highlighting Romani migrants returning to the country from Italy and Spain, countries with high rates of COVID-19 infection, also circulated in local media outlets and social media, often suggesting they might be carriers of COVID-19.

Despite an order by the Ministry of Education forbidding segregation of Romani students, several NGOs continued to report that segregation along ethnic lines persisted in schools.

Researchers and activists reported a significant number of the remaining Romani Holocaust survivors who applied for a pension were denied because of unreasonable administrative barriers raised by the pension offices, problematic standards, lack of knowledge about the Holocaust and Roma, and burdensome requirements. According to researchers, despite historical evidence, in hundreds of cases authorities considered that Roma were resettled and not deported, and consequently granted them smaller pensions.

In April 2019 the driver of a minibus operated by a transportation company in the city of Zalau denied a Romani woman and her two children access to the vehicle and hit her repeatedly with a wooden stick. After she called the 112 emergency line to report the incident, the operator insulted the victim and used racial slurs against her. According to Romani CRISS, the attack was racially motivated. The Civic Union of Young Roma from Romania reported that prosecutors indicted the driver for abusive behavior and the Romani woman for public disturbance. The NGO reported that the indictment against the woman was abusive because her screams were a result of the driver’s violent behavior. As of November the case was pending before the Zalau court.

Ethnic Hungarians continued to report discrimination related mainly to the use of the Hungarian language. Ethnic Hungarians reported that the government did not enforce the law that states that ethnic minorities are entitled to interact with local governments in their native language in localities where a minority constitutes at least 20 percent of the population. There were continued reports that local authorities did not enforce the law that states that in localities where a minority constitutes at least 20 percent of the population, road signs must be bilingual.

The Democratic Alliance of Hungarians in Romania reported that in a legal dispute between separated parents over their child’s language of schooling, the Cluj-Napoca Court decided in June that the child, who has a mixed Romanian-Hungarian ethnicity, should be schooled at the kindergarten in Romanian, contrary to the will of the child’s ethnic Hungarian mother. According to the court, an insufficient knowledge of Romanian would damage the child’s ability to perform well once they become a university student considering that most universities in the country offer study programs in Romanian. According to the Department for Interethnic Relations, throughout the March 16-May 14 state of emergency, the government provided Hungarian translations of the state of emergency regulations related to the COVID-19 outbreak with a delay. In several counties with a significant ethnic Hungarian population, government agencies such as public health directorates or police inspectorates did not provide information on COVID-19-related measures and precautions in Hungarian. The Miko Imre Legal Service reported that during a soccer match in March that took place in the city of Ploiesti, supporters of the home team shouted offensive words against the rival team Sepsi OSK, which is based in the ethnic-Hungarian majority city of Sfantu Gheorghe. Supporters chanted “Hungarians out of the country!” and threw objects at some of the Sepsi OSK players, which caused the referee to suspend the match for 10 minutes. In February unknown persons painted the Romanian flag over the Hungarian name of Baia Mare city that was displayed on several welcome signs.

The law prohibits discrimination based on sexual orientation. NGOs reported that societal discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons was common, and there were some reports of violence against them. On some occasions police condoned violence against LGBTI persons. The NGO ACCEPT reported that in 2019 a person living near their headquarters continuously verbally harassed LGBTI persons who visited the NGO and its employees, and destroyed the property of a transgender woman. In June 2019 ACCEPT submitted a criminal complaint, but as of November, police had not taken any measures. ACCEPT reported that in the meantime the harassment stopped after the perpetrator moved out.

A survey carried out by the EU’s Fundamental Rights Agency reported revealed that 15 percent of respondents experienced a physical or sexual attack motivated by the victim’s sexual orientation or gender identity during the past five years. Out of respondents who described the most recent physical or sexual attack, only 4 percent reported the incidents to authorities because they are LGBTI. As many as 28 percent of respondents indicated fear of a homophobic reaction, transphobic reaction, or both from police as the reason for not reporting a physical or sexual attack.

The law governing legal gender recognition for transgender persons was vague and incomplete. In some cases, authorities refused legal gender recognition unless an individual had first undergone sex reassignment surgery. Access to adequate psychological services was also limited because some psychologists refused to accept transgender patients.

Although the law provides that HIV-infected persons have the right to confidentiality and adequate treatment, authorities rarely enforced it. Authorities did not adopt regulations that were necessary to provide confidentiality and fair treatment, and discrimination against persons with HIV/AIDS impeded their access to routine medical and dental care.

Slovakia

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Rape and Domestic Violence: The law prohibits rape and sexual violence, which carry a penalty of five to 25 years in prison. The law does not specifically define spousal rape, but the criminal code covers spousal rape and spousal sexual violence under the crime of rape and sexual violence. NGOs and rape victims criticized police for sometimes failing to enforce the law effectively and for often failing to communicate appropriately with rape victims. Rape and domestic violence victims had access to shelters and counseling offered by NGOs and government-funded programs. NGO service providers complained that authorities provided only a small portion of necessary funding, forcing many centers to close or fundraise additional resources from private and international donors.

Domestic violence against women is punishable by three to eight years’ imprisonment. Domestic violence was widespread, and activists claimed official statistics failed to capture the magnitude of the problem. NGOs also asserted the government did not enforce the law effectively. Experts complained there were no written procedures for referring battered women to counselling centers or shelters and no services for batterers. The lack of affordable public housing or rent-controlled housing often forced victims to return to abusive households.

The General Prosecution Service reported that the incidence of domestic violence increased rapidly during the COVID-19 pandemic and associated restrictions on free movement, with the number of recorded cases in the four-month period between April and June increasing by 47 percent compared with the same period in 2019. The number of calls to a national helpline for domestic violence victims increased fourfold in April compared with previous years. NGOs providing victim care services confirmed the deteriorating trend and reported difficulties in assisting victims because of a government-issued ban on admitting new clients into accommodation facilities during the early stages of the pandemic, insufficient testing capabilities, and a shortage of personal protective equipment.

In April, President Caputova, responding to reports of the unprecedented increase in domestic and gender-based violence cases during the COVID-19 pandemic, requested the police president to increase attention paid to the problem; rigorously enforce existing rules, including the authority of police officers responding to domestic disturbance calls to expel the abusive party from the household for up to 10 days; and improve police cooperation with NGOs providing victim-care services. In July police began testing a new smartphone application that would allow victims secretly to place distress calls to them.

In one example, in August a man attacked his partner with a knife just days after being sentenced to house arrest for causing a traffic accident while under the influence of alcohol. Following the attack, the man forcibly removed an electronic ankle monitor and fled the scene of the crime. Police held him in custody pending charges for aggravated assault and obstructing a court decision that carry a five- to 10-year prison sentence. Prosecution of the case continued as of September. Experts questioned whether the man’s psychological state had been considered by the court that originally sentenced him to house arrest.

Sexual Harassment: The law defines sexual harassment as unlawful discrimination, which is subject to civil penalties. Victims usually avoided legal action due to fear of reprisal, lengthy court proceedings, and lack of accessible legal services. A coordination center for gender-based and domestic violence under the Labor, Social Affairs, and Family Ministry implements and coordinates countrywide policies to prevent and eliminate violence against women, including sexual harassment, and coordinates education and training efforts for the public and professionals. The government operated a 24/7 hotline for women subjected to violence.

Reproductive Rights: Couples and individuals generally have the right to decide the number, spacing, and timing of their children, and most individuals had access to the information and means to do so, free from discrimination, coercion, or violence. NGOs reported that Romani women from marginalized communities in Eastern Slovakia at times faced reproductive health-care discrimination and a general lack of information on reproductive health. Authorities also required persons seeking a legally recognized sex change to undergo permanent sterilization, effectively ending their ability to reproduce.

While contraception was widely available, NGOs reported that a lack of reimbursement from the national health system (unless used for health-related reasons) constituted a significant barrier to access, especially for young and vulnerable populations.

In 2020 the Public Defender of Rights expressed concerns about some practices imposed on women in childbirth, including medically unjustified separations of mothers and new-born babies or refusal of a birth companion’s presence, notably due to measures implemented by health-care providers in response to the COVID-19 pandemic. Media and NGOs also reported some cases in which health-care providers refused reproductive health services to patients due to the COVID-19 pandemic.

The country does not have a national sexual and reproductive health program to provide dedicated access to sexual and reproductive health services for survivors of sexual violence. Victims approached their general practitioners, emergency rooms, or, less frequently, their gynecologists. Survivors generally had access to legal abortion and emergency over-the-counter contraception. The government runs a 24/7 national multilanguage helpline for women experiencing violence, and the Coordinating Methodical Centre for Prevention of Violence against Women offered emergency help to victims of sexual violence.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities, although human rights organizations maintained that medical personnel often asked Romani women to sign consent forms for these procedures without fully explaining their meaning or providing them in the women’s language. The government also did little to investigate cases of involuntary sterilizations of Romani women reported in the past or provide restitution to the victims.

In April the regional court in Kosice upheld a lower court ruling that awarded compensation to an illegally sterilized Romani woman. The woman was sterilized without informed consent in 1999 in Krompachy Hospital in eastern Slovakia during the birth of her second child by Caesarean section. She was not informed about the sterilization procedure by the hospital staff and did not give informed consent to this intervention. She became aware that she had been sterilized only after the procedure. The ensuing court case continued for more than 15 years.

Discrimination: The law provides the same legal status for women as for men. Discrimination against women remained a problem, particularly in the labor market, where women were less likely to be offered employment than men with equal qualifications and faced a 20 percent gender pay gap (also see section 7.d.).

Birth Registration: Children acquire citizenship by birth to at least one citizen parent, regardless of where the child is born. Each domestic birth is recorded at the local vital statistics office, including for children born to asylum seekers, stateless persons, and detained migrants.

Child Abuse: Domestic abuse carries basic penalties of three to eight years’ imprisonment. Child abuse remained a problem according to child advocates. A 2017 government study (the latest available) indicated that 70 percent of 13- to 15-year-olds had experienced some form of physical, emotional, or sexual violence or parental neglect.

The government continued implementing and annually updating the National Action Plan for Children for 2013-22, funded through the government budget. Government bodies provided financial support to crisis centers for abused children and to NGOs that worked on child abuse. The Labor and Social Affairs Office had dedicated departments for overseeing childcare and operated a national coordination body for dealing with violence against children, which collected data, provided information on domestic violence and abuse of minors, helped refer victims to service providers, and ran a national helpline.

The new government, coalition MPs, and civil society experts criticized the ombudsperson for child rights for her inactivity and failure to protect the best interests of children; there were also allegations that she employed family members without necessary professional qualifications at her institution.

Child, Early, and Forced Marriage: The legal minimum age for marriage is 18. In exceptional cases, based upon request of one of the marrying couple, a competent court may allow marriage of a person as young as 16, if both parents consent. Law enforcement authorities reported a growing number of cases of Slovak children of Romani descent being subjected to forced marriage, often by their legal guardians who sought financial benefit. Women from marginalized Romani communities were transported to the United Kingdom by force or deception to marry foreign citizens attempting to avoid deportation by marrying an EU citizen and might consequently have been subjected to trafficking in persons.

Sexual Exploitation of Children: Rape and sexual violence against a child carry basic penalties of five to 10 years’ imprisonment. The law establishes 15 as the minimum age for consensual sex. In addition to prohibiting trafficking in persons, the law criminalizes the prostitution of children. These abuses were not common, and there were no obstacles to enforcement of the law.

The production, distribution, or possession of child pornography is a crime with penalties ranging from two to 20 years’ imprisonment.

Institutionalized Children: Reports published by the ombudsperson during the year and in 2013 found that juvenile offenders at educational rehabilitation centers regularly endured hunger and were subjected to degrading treatment, including compulsory gynecological examinations of girls after their trips outside the facility. The reports also found substandard levels of education at the centers.

In March the prosecution service opened three new criminal investigations and prosecutions related to the scandal-ridden private juvenile rehabilitation facility Cisty den (Clean Day), which lost its official accreditation in 2017 after a series of allegations of severe malpractice and misconduct. In 2018 and 2019, courts convicted a former therapist and cook employed at the facility and sentenced them to a three-year suspended sentence and a five-year prison sentence, respectively, for sexual abuse of underage clients at the facility. In 2019 the prosecution service exonerated the former manager of the facility from accusations of battery and assault of a minor but continued investigating him for alleged fraud. New investigations opened during the year focused on suspicions of obstruction of justice, abuse of power, and unlawful use of personal data after leaked text messages between jailed businessman Marian Kocner and Cisty den managers showed the latter sharing sensitive client information with Kocner, who allegedly intervened on behalf of Cisty den through his network of corrupt police officials, prosecutors, and judges.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

Jewish community leaders estimated, and the 2011 census data indicated, there were 2,000 persons in the Jewish community.

Organized neo-Nazi groups with an estimated 500 active members and several thousand sympathizers occasionally spread anti-Semitic messages. Latent anti-Semitic stereotypes characterizing Jews as greedy or secretly influencing world affairs were widespread, even beyond neo-Nazi groups and their sympathizers. The neo-Nazi LSNS received 7.97 percent of the vote in the February parliamentary elections, securing 17 of 150 seats in parliament. Among the elected representatives for LSNS were several individuals prosecuted or convicted of hate crimes, including party chair Marian Kotleba, who was convicted for giving a charitable donation with Nazi symbolism; Andrej Medvecky, convicted of attacking a foreigner because of race; Stanislav Mizik, acquitted for lack of evidence of posting an anti-Semitic message on his Facebook profile criticizing the president for giving state awards to citizens of Jewish origin; and Milan Mazurek, convicted for anti-Romani statements made in a public radio broadcast.

In August the National Criminal Agency announced it would bring extremism-related charges against nine individuals suspected of disseminating extremist materials and collecting Nazi paraphernalia. Three members of the extremist musical group Kratky Proces (Short Process) were taken into custody during related police raids on charges of producing an extremist musical album. The detained singer of the band, who also repeatedly ran for the LSNS, faced three to eight years in prison.

In October the Specialized Criminal Court convicted LSNS chairman Marian Kotleba of supporting and promoting groups aimed at suppressing fundamental rights and freedoms for a March 2017 ceremony where Kotleba handed over three checks to families with children with disabilities, each worth 1,488 euros ($1,790). Experts provided by the prosecution testified that the amount was a well known neo-Nazi cypher, representing the white supremacist “14-word” slogan and a numerical representation of “Heil Hitler.” Witnesses also testified that organizers played the unofficial anthem of the wartime Slovak State, an ally of Nazi Germany, at the handover ceremony of the charitable donation and pointed out the event was held on March 14, the anniversary of the founding of the Slovak State. The ceremony concluded with a concert by neo-Nazi singer Reborn, who himself faced prosecution on extremism charges. The court sentenced Kotleba to four years and four months in prison. The case remained pending at year’s end following the defense’s appeal to the Supreme Court.

In May former LSNS candidate Marian Magat, labelled by media as a far-right extremist, published a blog questioning the existence of the Holocaust on the disinformation outlet Kulturblog. Magat summarized known conspiracy theories claiming that people did not die in concentration camps due to systemic extermination by the Nazis, but rather due to bombing by allied forces, typhoid outbreaks, or the interruption of supplies of food and medicine caused by the bombardment. Magat also presented claims that gas chambers at concentration camps were used for delousing. The National Criminal Agency opened an investigation on suspicion of denying the crimes of totalitarian regimes, a crime that carries a sentence of up to three years in prison. The case remained pending.

In January the Specialized Criminal Court convicted LSNS regional chairman Anton Grno of supporting a movement aimed at suppressing fundamental rights and freedoms for shouting the greeting of the World War II-era Slovak fascist state’s paramilitary force during a 2018 Supreme Court hearing. Grno was fined 5,000 euros ($6,000) and sentenced to six months in prison should he fail to pay the fine. Media reported that Grno’s social media profiles contained several openly racist and anti-Semitic posts.

While direct denial of the Holocaust was relatively rare, expressions of approval of the World War II-era Slovak fascist state, which deported tens of thousands of Jews, Roma, and others to death camps, occurred frequently. Throughout the year far-right groups organized small events to commemorate dates associated with the Slovak fascist state and its president, Jozef Tiso. On March 14, the Slovenske Hnutie Obrody or SHO (Slovak Renewal Movement), a far-right political party, which ran in the February parliamentary elections but did not win any seats, organized a commemoration of the 1939 creation of the fascist Slovak state, laying wreaths at a statue of Jozef Tiso in the village of Cajakovce. On April 18, the LSNS commemorated the anniversary of the execution of Tiso through a post on its website, stating that April 18 marks the “sad day of the judicial murder of the first Slovak president, Jozef Tiso.”

On September 9, government officials commemorated the Day of the Victims of the Holocaust and of Racial Violence at the Holocaust Memorial in Bratislava. The coalition government undertook initiatives to promote Holocaust education in schools and funded school field trips to Auschwitz and the Slovak Holocaust Museum in Sered. Government leaders, including President Caputova, Prime Minister Matovic, and Speaker of Parliament Kollar, denounced the anti-Semitic rhetoric of the far right.

In January, President Caputova attended the Fifth World Holocaust Forum in Israel where she stated, “Fascism is still alive in our society, that’s why I think it’s very necessary that we…do our utmost to prevent it from getting back to power.” She also highlighted that racial hatred always starts with words and cautioned against increasing hatred over the internet and discrimination against some parts of the population.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities in employment, education, access to health care, the judicial system, other transportation, or the provision of other public services. The antidiscrimination law does not qualify the denial of reasonable accommodation as discrimination on the basis of disability.

NGOs reported that persons with disabilities continued to experience a number of challenges, particularly in access to education, employment, and government as well as private services.

According to the government’s Commissioner for Disabled Persons, while a few children with disabilities were able to participate in mainstream education, most were educated separately in so-called “special” schools that further contributed to their social isolation and stigmatization. Among the main reasons for the separate schooling of children with disabilities were physical barriers at state schools, lack of qualified support staff, and reluctance from teachers and parents of children without disabilities.

NGOs and municipalities continued to report problems, including excessive administrative burden and red tape, in applying the law on opening and operating “social enterprises” that could serve to employ persons with disabilities.

Psychiatric institutions and hospitals, which fall under the purview of the Ministry of Health, used cage beds to restrain patients. The law prohibits both physical and nonphysical restraints in social care homes managed by the Ministry of Labor, Social Affairs, and Family.

Broadcasters complied with laws requiring television stations to provide audio descriptions for viewers who are blind or have impaired vision only to a limited extent.

While the law defines mandatory standards for access to buildings, NGOs noted they were not fully implemented, although access to privately owned buildings improved more rapidly than access to public buildings. Civil society organizations and the disability rights commissioner noted that navigating most cities with a visual impairment or on a wheelchair remained difficult due to the many obstacles and barriers on sidewalks and in public transport.

The government’s Council on Human Rights, National Minorities, and Gender Equality operated a committee on persons with disabilities. The council served as a governmental advisory body and included representation from NGOs working on disability problems. The country’s national human rights strategy included a chapter on the rights of persons with disabilities. The disability rights commissioner presented an annual report to parliament summarizing progress in implementing the human rights strategy and the Convention on the Rights of Persons with Disabilities; containing recommendations for legislative and policy changes, based on the commissioner’s own monitoring and complaints lodged by citizens; and providing recommendations for legislative and policy changes, based on the commissioner’s own monitoring and complaints lodged by citizens.

Members of National/Racial/Ethnic Minority Groups

Segregation and societal discrimination against Roma and individuals of non-European ethnicity was common. A 2019 study by the UN Development Program (UNDP) and the Ministry of Interior, the most recent available, found that as much as 49 percent of the Romani population resided in marginalized communities, a slight decrease compared with the previous iteration of the study in 2013, which estimated that 53 percent of Roma resided in settlements. According to the same study, only 19 percent of the Romani minority lived integrated among the majority population. The UNDP identified 180 segregated rural settlements located outside municipalities and 418 communities on the outskirts of municipalities. The UNDP study found that 61 percent of inhabitants in the 100 largest concentrations of Romani citizens had access to drinking water, compared with 48 percent in 2013.

There were reports of harassment of members of ethnic minorities during the year and reports of violence and excessive use of force by members of the police against Romani citizens.

In April police officers allegedly beat a group of five Romani children trying to leave a marginalized Romani settlement that was placed under quarantine due to a COVID-19 outbreak in the community. According to the Union of Roma in Slovakia, the officers first threatened the children with a gun and then beat them using batons, causing bruises and other injuries. The ombudsperson, the government plenipotentiary for Romani communities, and the Slovak National Center for Human Rights condemned the incident and called for a thorough investigation. The Ministry of Interior’s inspection service launched an investigation into possible abuse of power by a public official.

Ahead of the February parliamentary elections, the LSNS party organized meetings and gatherings in areas with higher concentrations of Romani citizens, rallying voters from the majority against “asocial Gypsies” and “parasites” and promising to “restore order.” There were reports of small clashes between LSNS supporters and antifascist protesters at some of the LSNS rallies, but police mostly prevented an escalation of violence.

Police generally responded quickly to gatherings targeting the Romani community and prevented crowds from entering Romani communities or inciting confrontations.

There were instances of public officials at every level defaming minorities and making derogatory comments about Roma. In April former prime minister and chair of the opposition Smer Party Robert Fico criticized Prime Minister Matovic for his handling of the COVID-19 pandemic, asserting that Matovic was “the prime minister of gypsies” and claiming the COVID tests were made available for Roma but not senior citizens or homes for the elderly.

In August, President Caputova, Prime Minister Matovic, Interior Minister Roman Mikulec, Human Rights Ombudswoman Maria Patakyova, and other government officials attended a Romani Holocaust remembrance ceremony in Banska Bystrica. Media highlighted that this was the first time the Romani Holocaust Remembrance Day was marked by such high-level government attendance.

In February the Slovak Academy of Sciences released a representative survey of majority attitudes toward Romani citizens. When examining stereotypes about Roma, the survey found that most respondents (80 percent) tended to agree with a statement that Roma in the country received undeserved benefits from the social system, and almost two-thirds of respondents tended to identify with openly negative stereotypes of Roma. Only half of the respondents tended to agree with the statements that highlighted the value of Romani culture. The survey also found that respondents identified most with a so-called hostile political discourse, where politicians referred negatively to Romani citizens, particularly regarding work habits and crime rates in Romani communities.

Widespread discrimination against Roma continued in employment, education, health care, housing, loan practices, restaurants, hair salons, religious services, and public transportation.

In April the government began blanket testing for the presence of COVID-19 in chosen marginalized Romani settlements with a higher recorded number of persons returning from abroad. The government used the military to assist in the testing, arguing the process was necessary to protect public health and safety. Human rights NGOs reported the targeted testing contributed to further stigmatization and anti-Romani prejudice and that there were reports of increased hate speech against Roma on social media. The targeted testing contributed to further stigmatization and anti-Romani prejudice and there were reports of increased hate speech against Roma on social media.

Based on the result of COVID-19 testing in marginalized Romani communities, the government’s chief medical officer ordered mandatory full-area quarantines in five settlements, with armed police and military guards stationed at the entrances to the settlements. Quarantines lasted up to one month in some of the settlements. NGO Amnesty International spoke to residents of the quarantined settlements, who confirmed that no one informed them about the duration and conditions of the quarantine. Authorities reportedly did not isolate persons who tested positive for COVID-19 from other persons in the community. In addition human rights watchdogs reported that authorities did not ensure a sufficient supply of food and medical supplies to the sealed-off settlements, forcing impoverished inhabitants to procure grossly overpriced supplies from vendors offering delivery services. Amnesty International considered the conduct of the government a violation of human rights.

Local authorities continued to use regulatory obstacles, such as withholding of construction permits, to discourage the legal establishment of Romani settlements. Media reported cases where non-Romani persons tried to prevent Romani customers from buying or renting property in “their” neighborhood.

Members of the Romani minority continued to experience obstacles and discrimination in the access to quality health care. A government report released by the Ministry of Finance in January 2019, the latest available, estimated life expectancy within the marginalized Romani population at 69.6 years, nearly seven years less than the general population, and infant mortality at three times the country average. NGOs reported Romani women faced multiple forms of discrimination in reproductive health care, including segregation in maternity departments, verbal harassment, and maltreatment by medical personnel. The hospitals claimed they grouped persons according to their levels of hygiene and adaptability, not by race. NGOs continued to express concerns over the way medical personnel obtained informed consent from Romani patients.

Romani children from socially excluded communities faced educational discrimination and segregation and were disproportionately enrolled in “special” schools or placed in segregated classrooms within mainstream schools. A government review released by the Ministry of Finance’s analytical unit in January 2019, the latest available, confirmed earlier reporting from the ombudsperson that Romani children received an inferior education compared with their non-Romani peers. The report found a disproportionately high share of Romani children in “special” schools for children with intellectual disabilities (42 percent of all children enrolled) and schools with special classes for Romani children (63 percent). According to the review, only 32 percent of Romani children had received preschool education, compared with 75 percent for the general population, and one-third of Romani children dropped out of the education system before completing elementary school.

School closures during the COVID-19 pandemic deepened the educational gap between children from disadvantaged socioeconomic backgrounds, particularly children from marginalized Romani settlements, and children from more affluent families, educational experts pointed out. According to a study conducted by NGO EduRoma, 70 percent of marginalized Romani children did not participate in distance learning, and 60 percent of them had no contact with their teachers whatsoever during the nearly four-month-long closure of primary and secondary schools, mainly because they did not have access to a computer or the internet. Educational professionals warned this interruption in the education of children from disadvantaged backgrounds would have lasting impacts on their future educational and career prospects.

There were reports of racial discrimination and inappropriate language being used against members of the Romani minority at all levels of the education system. In April the regional court in Bratislava upheld a 2016 trial court ruling dismissing an antidiscrimination lawsuit against the segregation of Romani children at an elementary school in the town of Stara Lubovna. The court determined Romani children were not segregated in education even though the school was ethnically homogenous and attended exclusively by Romani children from a nearby marginalized settlement. The human rights NGO Poradna, which initiated the lawsuit, considered the court’s judgment in breach of international human rights law and planned to file an extraordinary appeal to the Supreme Court.

The government’s Council on Human Rights, National Minorities, and Gender Equality operated a Committee for the Prevention and Elimination of Racism, Xenophobia, Anti-Semitism, and Other Forms of Intolerance. Since 2017 “extremist” crimes, including incitement towards racial, religious, and ethnic hatred; discrimination on the basis of a deliberate hate motive; defamation of race, nation or belief; founding, supporting and expressing sympathy towards movements aimed at suppressing fundamental rights and freedoms; and producing and disseminating “extremist” materials, fall under the purview of the National Counter-Terrorism Unit at the National Crime Agency and are prosecuted by the Specialized Prosecution Service at the Specialized Criminal Court. Experts credited these specialized law enforcement and prosecution agencies for increasing the number of cases and the conviction rate for perpetrators of “extremist” crimes as well as for raising the profile of the issue in Slovak society.

The law bans the spreading of profascist propaganda and hatred in public, including on social media.

LGBTI organizations reported the law requires that persons seeking legal gender recognition provide confirmation from a medical practitioner that a person has undergone a “gender change” to obtain new identity documents. The law, however, does not define “gender change.” In practice authorities required confirmation that a person had undergone permanent sterilization before issuing new identity documents.

The law does not allow educational establishments to reissue educational certificates with a new first name and surname to transgender individuals after they have transitioned. The law does allow institutions to issue such individuals new birth certificates reflecting the name with which they identify.

NGOs reported violence and online harassment of LGBTI persons. Due to COVID-19 and associated restrictions on public gatherings, annual LGBTI Rainbow Pride celebrations in Bratislava and Kosice moved online. While there were no reports of physical altercations, organizers reported online hate speech directed at their virtual programs.

Ahead of the February parliamentary elections, several political parties, notably the LSNS and the Vlast (Homeland) Party of former Supreme Court judge Stefan Harabin, campaigned on anti-LGBTI platforms, presenting sexual minorities as “sick,” “decadent,” or “perverted.” In June during a debate about the ombudsperson’s annual report in parliament, LSNS MP Milan Mazurek stated that according to him, “there are no transgender people, there are some fools who say from day to day that I am no longer a woman, I am a man, I am no longer a man, I am a woman.”

According to an EU Fundamental Rights Agency (FRA) survey released in June, more than three-quarters of Slovak same-sex couples reported fears of holding hands in public. The survey also indicated only 26 percent of members of the LGBTI community openly declared their orientation and that 36 percent were afraid to visit certain sites for fear of being attacked. In total, 46 percent of members of the LGBTI community felt discrimination in at least one area and at least one in five transgender and intersex persons reported being physically assaulted in the five years prior to the survey, double the number of other LGBTI persons. The FRA survey found that only 8 percent of victims reported such an attack to the police and 6 percent alerted an equality body or other organization to discrimination.

The law prohibits discrimination based on sexual orientation and gender identity in employment, education, state social services, health care, and access to goods and services and identifies sexual orientation as a hate crime motivation that warrants stiffer sentences. NGOs reported the government did not always actively enforce these laws.

NGOs reported online hate speech towards refugees.

Government officials at all levels and leaders from across the political spectrum, including the opposition, engaged in rhetoric portraying refugees and Muslims as a threat to society, and several political parties used antimigrant rhetoric in their parliamentary election campaign messaging. In January the political party Smer released a cartoon campaign video that mocked former president Andrej Kiska and his Za ludi political party and spread false statements that Kiska and his party intended to introduce legislation obliging each family in the country to take in one migrant family. In February, 12 major human rights organizations working with refugees and migrants in the country addressed an open letter to politicians urging them to refrain from spreading unfounded fear of migrants and using dehumanizing statements against migrants and refugees; the letter called for consistency and caution in the use of migration-related terms.

Slovenia

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Rape and Domestic Violence: Rape of men and women, including spousal rape, and domestic violence, are illegal. Sexual violence is a criminal offense, and the penalty for conviction is six months’ to eight years’ imprisonment. The penalty for conviction for rape is one to 10 years’ imprisonment. Police generally investigated accusations of rape, and courts generally tried accused offenders. The penal code defines rape as a perpetrator coercing the victim into sexual intercourse by force or serious threats. Local NGOs criticized sentencing as excessively light and demanded the government change the penal code’s definition of rape to the absence of consent.

The law provides from six months’ to 10 years’ imprisonment for aggravated and grievous bodily harm. Upon receiving reports of spousal abuse or violence, police generally intervened and prosecuted offenders, but local NGOs reported victims of sexual violence often did not report crimes to police. Local NGOs assessed that police and courts did not effectively intervene in or prosecute cases of alleged domestic abuse. NGOs contend the problem lies in deficient institutional cooperation, lengthy court proceedings, untrained investigators, prosecutors, and judges in matters of domestic violence, and poor information flow between authorities, institutions, and NGOs.

A network of maternity homes, safe houses, and shelters provided care to women and children who were victims of violence. The police academy offered annual training on domestic violence. Local NGOs reported women lacked equal access to assistance and support services and that free psychosocial assistance from NGOs was unavailable in many parts of the country. NGOs also reported a lack of practical training and educational programs for professionals who are legally bound to offer services to survivors of violence. NGOs highlighted the lack of systematic and continuous prevention programs for domestic violence and rape and reported there were no specialized support programs for Romani women, elderly women, or other vulnerable groups.

Due to COVID-19, the police academy halted its annual training on domestic violence.

Sexual Harassment: Sexual harassment of men and women is a criminal offense carrying a penalty if convicted of up to three years’ imprisonment. The law prohibits sexual harassment, psychological violence, mistreatment, or unequal treatment in the workplace that causes “another employee’s humiliation or fear.” Authorities did not prosecute any sexual harassment cases during the year.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children and had access to the information and means to do so, free from discrimination, coercion, or violence.

Under the law infertility treatment and biomedical fertilization procedures are only available for men and women living in a marital or cohabiting relationship who cannot expect to become pregnant through sexual intercourse and cannot be assisted by other treatments. Marital and cohabiting LGBTI couples and all single persons are excluded from the right to state-supported infertility treatment.

Infertility treatment and biomedical fertilization procedures are only available for spouses or common-law partners who are of legal age, can perform parental duties, and are mentally sound. The law does not restrict the right to in vitro fertilization with age but requires women must be of an age suitable for childbirth. In practice, in vitro fertilization was not available or covered by health insurance for women over the age of 43, forcing some women to have procedures in other countries.

The government provides access to sexual and reproductive health services for survivors of sexual violence but does not maintain specific statistics on whether a health services recipient was a victim of sexual violence.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: The law provides the same legal status and rights for women and men and prohibits official discrimination in matters such as employment, housing, inheritance, nationality, religious freedom, or access to education or health care. Despite legal provisions for equal pay, inequities persisted.

Birth Registration: Citizenship is derived from the parents with certain limitations. A child is granted citizenship at birth if the child’s mother and father were citizens, or one of the child’s parents was a citizen and the child was born on the territory of the country, or one of the child’s parents was a citizen while the other parent was unknown or of unknown citizenship and the child was born in a foreign country. Naturalization is possible. Children of migrants and asylum seekers do not qualify for citizenship if they are born in the country; their parents may file for asylum or refugee status on their behalf.

Child Abuse: Child abuse is a criminal offense, and conviction carries a penalty of up to three years’ imprisonment. During school closures to prevent the spread of COVID-19, between March and May and again between October and November, police reported 54 cases of child abuse and 301 cases of negligence. Police were active with social media campaigns and appealed to citizens to report any violence against children and other vulnerable groups.

There were 10 crisis centers for youth with a combined capacity of 86 children. The government allowed children to stay at these centers until they reached the age of 18, or 21 if they were still in school.

Child, Early, and Forced Marriage: The minimum age for marriage is 18. With the approval of parents or legal guardians, centers for social service may approve or deny the marriage of a person between 16 and 17. Child marriage, of individuals aged 16 or 17, occurred in the Romani community, but were not a widespread problem.

Sexual Exploitation of Children: The possession, sale, purchase, or propagation of child pornography is illegal. The penalty for violations ranged from six months to eight years in prison. The government enforced the law effectively. The law prohibits sexual violence and abuse of minors and soliciting minors for sexual purposes. Statutory rape carries a prison sentence of three to eight years in prison. The law sets the minimum age of consent for sexual relations at 15. The government generally enforced the law. Some children were also subjected to sex trafficking; however, in 2019, the government did not identify any child trafficking victims.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

There are an estimated 300 persons of Jewish descent in the country. There were no reports of anti-Semitic violence or overt discrimination.

In 2019 the Supreme Court annulled the 1946 death sentence on General Leon Rupnik, who collaborated with the Nazi occupying forces during World War II, on an appeal lodged by a relative, and sent the case to the Ljubljana District Court for retrial. The annulment means the case will be sent to retrial. Under the criminal procedure act, however, courts cannot try dead persons, which means that Rupnik’s guilt might not be re-examined. If rehabilitated, Rupnik’s heirs may claim the return of property seized by the state after the trial. The Jewish Cultural Center in Ljubljana expressed deep concern to what it called “these contemptible acts of Holocaust denial, revision…and attempts at reviving and justifying the Fascist and Nazi horrors.”

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. The law mandates access to buildings and public transportation for persons with disabilities, but modification of public and private structures to improve access continued at a slow pace, and some public transportation stations and buildings–particularly older buildings–were not accessible, especially in rural areas. The law provides social welfare assistance and early-childhood, elementary, secondary, and vocational education programs for children with disabilities. Children with physical, sensory, intellectual, and mental disabilities are entitled to tailored educational programs with additional professional assistance and resources. Depending on their individual needs, some children attended school (through secondary school) with nondisabled peers, while others attended separate schools. The law also provides vocational and independent living resources for adults with disabilities. The government continued to implement laws and programs to provide persons with disabilities access to education, employment, health services, buildings, information, communications, the judicial system, transportation, and other state services. The government generally enforced these provisions effectively.

In April 2019 the government adopted a proposal to register Slovenian sign language as a constitutionally official language.

The electoral law requires all polling stations to be accessible to persons with disabilities, but the National Electoral Commission estimated that, as of the 2017 presidential election, only 56 percent of polling stations were accessible. In March a local NGO filed a suit at the Constitutional Court alleging the country’s existing legislation did not provide persons with disabilities full access to polling stations. As of December the case remained pending. In the 2018 parliamentary elections, the National Electoral Commission used mobile ballot boxes to provide equal access to voters with disabilities. Voters with disabilities who are unable to reach a polling station on election day may also vote by mail.

Members of National/Racial/Ethnic Minority Groups

Two constitutionally recognized national minorities and one ethnic minority living in the country: Roma, Hungarians, and Italians. Other minorities living in the country are not officially recognized, such as Germans, Albanians, Bosniaks, Croatians, Macedonians, Montenegrins, and Serbs. Only members of official minorities are guaranteed special parliamentary seats to represent their communities.

Discrimination against socially marginalized Roma persisted in some parts of the country. Organizations monitoring conditions in the Romani community noted that Roma faced difficulties securing adequate housing in traditional housing markets. Many Roma lived apart from other communities in illegal settlements lacking basic utilities and services, such as electricity, running water, sanitation, and access to transportation. Government officials emphasized that the illegality of settlements remained the biggest obstacle to providing Roma access to adequate housing, water, and sanitation. By law only owners or persons with other legal claims to land, such as legal tenants, may obtain public services and infrastructure (see also section 7, Discrimination with Respect to Employment and Occupation). Ethnic Roma are particularly vulnerable to trafficking in the country.

In the first-ever case brought by the country’s Roma to the European Court of Human Rights, two families living in two separate informal Roma settlements asserted in 2014 that the government failed to offer access to basic public utilities, drinking water, and sanitation and that local authorities had engaged in negative and discriminatory treatment. In March the court found that the government took adequate steps to provide Roma settlements with drinking water and rejected the case. Several groups, including Amnesty International Slovenija and several Roma families, appealed the decision, alleging the court had not considered all circumstances in the case. In September, five judges forming the European Court of Human Rights grand chamber dismissed the appeals, quashed the allegations, and sustained the initial ruling.

Organizations monitoring conditions in the Romani community and officials employed in schools with large Romani student populations unofficially reported that high illiteracy rates among Roma persisted. While education for children is compulsory through grade nine, school attendance and completion rates by Romani children remained low.

Privacy protection laws limited the government’s ability to collect personal data on nationality, race, color, religious belief, ethnicity, sex, language, political or other belief, sexual orientation, material standing, birth, education, social position, citizenship, place or type of residence or any other personal circumstance. This resulted in, among other gaps, a lack of official data about Roma in the country.

The Center for School and Outdoor Education continued its 2016-22 project on Romani education, financed by the Ministry of Education, Science and Sport and the European Social Fund. The project helped Romani children succeed in the educational system through mentoring and support, including extracurricular activities and preschool education at community multipurpose centers. Although segregated classrooms are illegal, a number of Roma reported to NGOs their children attended segregated classes and that school authorities selected them disproportionately to attend classes for students with special needs. A local NGO estimated that 30 to 40 percent of the students attending special needs schools and classes were Romani, despite the fact that Roma comprise less than 1 percent of the total population.

In 2018 the government adopted the National Program of Measures for Roma for 2017-21 to improve living conditions of the Romani community through 41 specific measures, including improving health-care access; reducing poverty; providing antidiscrimination training; and promoting education, employment, and social inclusion. The Office for National Minorities coordinated this program and monitored its implementation. Although the government consulted Romani community representatives in preparing the National Program, NGOs claimed it focused too much on project-based initiatives and did not adequately consider the Romani community’s suggestions to address systemic issues, such as a lack of electricity, running water, sanitation, and access to transportation. Some Roma community members expressed concern over planned government reductions in funding for Roma communities due to budgetary pressures resulting from COVID-19 that could affect preparation of a National Program for 2022-26.

Local NGOs called on the government to adopt new measures to improve access to housing, education, and employment for Roma. The human rights ombudsman reported elderly Roma were among the most vulnerable individuals and needed additional care and support services. The average life expectancy of Roma is estimated to be 10 years shorter than that of the rest of the population.

A government-established commission to safeguard the rights of Roma continued to function. The commission included representatives from the Romani community, municipalities, and the government.

Representatives of the Romani community participated in a program that improved communication between police and individual Roma through discrimination prevention training for police officers working in Romani communities. As a result of COVID-19, for first time since the program’s inception in 2016, representatives of the Romani community did not participate in discrimination prevention training for police officers working in Romani communities.

The government provided medical equipment to health-care facilities and supported programs, workshops, and educational initiatives to provide best practices for health-care professionals working in Romani communities.

The German-speaking community called on the government to recognize the community as a minority officially in the constitution. The community called on the government to include German as a language of instruction in schools, recognize the minority language in radio and television programming, and provide additional funds to support German culture.

The ethnic Albanian, Bosniak, Croatian, Macedonian, Montenegrin, and Serbian communities also called on the government to recognize their communities officially in the constitution. In 2019 the government established the Government Council for Ethnic Communities of Members of Former Yugoslav Nations in Slovenia as a consultative body to address issues faced by such ethnic groups living in the country.

The law prohibits discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons in housing, employment, nationality laws, and access to government services. The government enforced such laws effectively, but societal discrimination was widespread.

The Ministry of Labor, Family, Social Affairs, and Equal Opportunities, as well as law enforcement authorities, recorded incidents of violence, but they did not track the number of cases of violence against LGBTI persons. Local NGOs asserted that violence against LGBTI persons was prevalent but that victims often did not report such incidents to police.

On June 5, a man attacked a well known gay activist and his friends at a bar in Maribor. The perpetrator approached the activist and insulted him, tore his jacket, and attacked the activist’s friends who stood up for him. The case was reported to the police, who established that it was a homophobic attack. The investigation is still under way and no arrests have been made. The case is pending.

Local NGOs assessed that transgender persons remained particularly vulnerable to societal discrimination and targeted violence. NGOs reported that in 2019, a transgender individual alleged a doctor refused to provide medical services due to the individual’s transgender status. In 2020 the case was placed under administrative complaint procedures and through the help of Amnesty International the transgender individual was able to access her desired medical services.

While the law and implementing regulations establish procedures for changing one’s legal gender, LGBTI NGOs maintained the provisions are too general, subject to misinterpretation and arbitrary decisions, and insufficiently protect the rights to health, privacy, and physical integrity of transgender persons. For example, NGOs reported only two psychiatrists were authorized to provide documentation required for individuals to begin the process, which resulted in waiting times of up to a year.

NGOs reported HIV-positive individuals often faced stigma and discrimination in access to health care. For example, Activists for the Rights of People Living with HIV and medical experts from the Clinic for Infectious Diseases and Febrile Conditions reported that 90 percent of individuals living with HIV experienced discrimination in medical institutions due to their HIV status.

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