“Parliamentarians should not adopt amendments to the Slovak Constitution that undermine general human rights protections, or which weaken the human rights of specific groups in society”, said the Council of Europe Commissioner for Human Rights, Michael O’Flaherty, today.
“In the coming days, the National Council of the Slovak Republic will debate at second reading amendments to the Constitution put to it by the government (print no. 733, tabled on 7 March 2025 and having received its first reading on 9 April 2025). These amendments have raised concerns of the Slovak National Centre for Human Rights, the Public Defender of Rights, civil society, and various legal experts. Furthermore, just today (13 June 2025), further proposals to amend the Constitution were put forward, which give rise to additional grave human rights concerns.
One central proposal is to the effect that the Slovak Republic retains sovereignty in matters falling within the broadly defined notion of ‘national identity’, especially ‘fundamental cultural-ethical questions’.
I am concerned that this proposal conflicts with the principle that nothing in a state’s internal law, including constitutional law, may be invoked to justify an act or omission which is in breach of international law. This includes the obligation under the European Convention of Human Rights to give full effect to the rights and freedoms defined in that instrument. Furthermore, it extends to all other international treaties to which the Slovak Republic is party, including other Council of Europe treaties such as the European Social Charter, and global human rights instruments. Seeking to disapply specific rights because they touch upon ‘national identity’ would be fundamentally incompatible with the Slovak Republic’s international obligations.
As regards other amendments, the proposal to recognise ‘only the sex of male and female’ risks denying the realities of trans and intersex people, and may impact on human rights guarantees such as access to legal gender recognition. Furthermore, one of the proposals tabled today, to make this recognition biologically determined, would entirely undermine this guarantee.
I note that concerns have also been raised about amendments impacting on family life or access to comprehensive sexuality education in view of international standards. It is crucial that parliamentarians take such concerns, including as expressed by domestic independent bodies, fully on board and ensure that there is no diminution of rights for any group in society.
I welcome the proposal to constitutionally guarantee equal pay for men and women as a positive step to ensure gender equality. I encourage the government and parliamentarians to address this important issue through another initiative, disconnected from steps that would weaken human rights.
I appeal to parliamentarians to uphold the rule of law and the human rights of everyone in the country.”