Slovakia's Controversial Constitutional Overhaul
In a landmark decision that has sent shockwaves through the European Union, Slovakia's parliament has approved a constitutional amendment that significantly restricts LGBT rights and asserts national sovereignty over EU law in matters of "national identity." The controversial legislation passed with exactly the required 90 votes out of 150, following multiple delays due to uncertainty about support levels.
Contentious Provisions
The new constitutional framework recognizes only two genders—male and female—effectively excluding intersex individuals from legal recognition. It makes adoption nearly impossible for LGBT individuals by requiring prospective parents to be married, while simultaneously defining marriage exclusively as "a unique union between a man and a woman." The amendment also bans surrogacy, restricts access to abortion care, and mandates parental consent for sexual education in schools.
Prime Minister Robert Fico, a pro-Russian populist serving his third term, described the amendment as a "dam against progressive currents." "Today has marked a turning point for our national sovereignty and traditional values," Fico declared after the vote.
EU Law Supremacy Challenged
The most contentious aspect involves the declaration that Slovak law takes precedence over EU law in matters concerning "national identity," including family and gender issues. This directly contradicts the fundamental EU principle of the supremacy of European law, raising concerns about potential legal conflicts.
Michael O'Flaherty, Commissioner for Human Rights at the Council of Europe, warned that the amendment "denies the reality of trans and intersex persons and jeopardizes human rights guarantees." Legal experts suggest this move could have prevented Slovakia's EU accession had it been in place during negotiations.
International Condemnation
Amnesty International condemned the decision, stating that Slovakia has chosen to follow the path of countries like Hungary, where similar policies have led to the erosion of human rights. The organization had previously campaigned against the proposed changes, citing concerns about democratic backsliding.
The vote comes amid growing tensions between Slovakia and EU institutions. Under Fico's leadership, the country has reversed anti-corruption measures, dismantled public broadcasting, and restricted organizational freedoms—earning one recent legislative change the nickname "Russian law" due to its similarity to Russian legislation targeting NGOs.
Protests have erupted across Slovakia in recent weeks, initially focused on austerity measures but increasingly targeting the government's pro-Russian orientation and human rights policies. The constitutional amendment represents the latest escalation in Fico's ongoing confrontation with European institutions.