national and local, refrain from acts or practices of racial
discrimination.
Article 2.1 (c). By maintaining in force the resolutions at issue the
Slovak Republic has failed to take any measures to review
governmental, national and local policies and to amend, rescind or
nullify any laws and regulations which have the effect of creating or
perpetuating racial discrimination.
Article 3. The Resolutions publicly and formally refer to the author
and other persons by their assumed racial/ethnic identity and single
them out for special treatment. As such, the Resolutions expressly
endorse policies of racial segregation and apartheid. By refusing to
withdraw them the Slovak Republic has contravened its obligation to
prevent, prohibit and eradicate all practices of segregation and
apartheid within its jurisdiction.
Article 4 (c). By maintaining in force the resolutions at issue the
Slovak Republic has failed to comply with its obligation not to permit
public authorities or public institutions, national or local, to promote
or incite racial discrimination against the author and other Roma.
Article 5 (d) (i). The resolutions at issue expressly forbid the author
and other Roma from entering the two municipalities solely because
of their status as Roma. By adopting and maintaining in force these
resolutions the Slovak Republic has infringed the author's right to
freedom of movement and residence.
Article 6. The author complained to local law enforcement authorities
and filed formal complaints with the Constitutional Court. However,
each request for a remedy was rebuffed. The ruling of 16 June 1998 by
the Constitutional Court represents the final domestic decision, from
which no appeal is permitted. Accordingly, all domestic remedies have
been exhausted.
3.2 The author states that she is a victim of the above violations for the
purposes of article 14, paragraph 1, of the Convention. Both resolutions may
be reasonably understood by the author, (as, indeed, by all Roma in Slovakia)
to apply to her. The author would like to be free to visit Nagov and
Rokytovce, for instance in order to further the work of her organization.
However, she has not entered either municipality since the resolutions were
adopted, in part because she fears that they could be enforced against her.
The author believes that, by publicly and formally using the term "Roma" to
refer to certain unspecified persons and by singling out such persons for