EU Expresses Regret Over Slovak Constitutional Amendment on Gender and National Identity

The European Commission has officially expressed its regret over a recently adopted constitutional amendment in Slovakia, stating that the changes violate the fundamental principle of non-discrimination. The amendment, approved by the Slovak parliament on Friday, September 26, 2025, and signed into law by President Peter Pellegrini on Tuesday, October 1, 2025, has drawn significant criticism from various international bodies and human rights organizations.

Key Provisions of the Amendment

The controversial amendment introduces several significant changes to the Slovak constitution. Primarily, it enshrines the recognition of only two genders—male and female—defined as 'biologically determined' at birth. It further stipulates that gender can only be changed for 'serious reasons' according to future legislative procedures.

Additionally, the amendment restricts adoption rights exclusively to married couples, effectively excluding same-sex couples, given Slovakia's existing constitutional definition of marriage as a union between a man and a woman. The legislation also explicitly bans surrogacy.

A crucial aspect of the amendment is its assertion that Slovakia 'retains its sovereignty in particular in matters of national identity, consisting in particular of fundamental cultural and ethical issues.' Critics argue this provision could allow national law to take precedence over EU law in these areas, potentially challenging the European Union's legal framework.

European Commission's Stance

The European Commission's regret was conveyed on Monday, September 29, 2025, with a statement provided to TASR by Katarína Touquet Jaremová from the Representation of the European Commission in Slovakia. The Commission highlighted that while the regulation of substantive issues of family law remains the prerogative of member states, their implementation 'should not undermine the fundamental principle of Union law regarding non-discrimination.'

The EC emphasized that 'EU law has primacy over national law, including national constitutional provisions' and reiterated its commitment to 'equality that includes diversity, within which all its citizens can be themselves and live without discrimination.'

International and Domestic Reactions

The amendment has sparked widespread concern beyond the European Commission. The Venice Commission, a panel of legal experts from the Council of Europe, issued an urgent opinion warning that vague formulations such as 'national identity' and 'cultural and ethical issues' could lead to 'unpredictable and arbitrary interpretation and application' and conflict with Slovakia's international obligations. They also cautioned that enshrining a strict binary sex definition should not justify discrimination based on sexual orientation or gender identity.

Amnesty International Slovakia described the changes as 'devastating news,' asserting that they put the constitution in direct conflict with international law and target the rights of LGBTI+ individuals and reproductive rights. Public Ombudsman Robert Dobrovodsky also criticized the amendment, warning that the vague concept of 'national identity' could limit the protection of fundamental human rights under European legislation and potentially lead to non-compliance with decisions from European courts.

Slovak Prime Minister Robert Fico has defended the constitutional change as 'a dam against progressivism' and a means to uphold 'the traditions and cultural heritage of our ancestors.' In response to the EC's concerns, Justice Ministry spokesperson Petar Lazarov stated that Slovakia remains bound by international law and that the content of national identity would be construed under the influence of supranational institutions.