O’Flaherty: Slovakia Shouldn’t Adopt Rights-Violating Constitution Changes

Strasbourg, 13 June (TASR) - Slovak MPs should not adopt constitutional changes that weaken the general protection of human rights or the rights of specific groups in society, said Council of Europe Commissioner for Human Rights Michael O’Flaherty on Friday, urging the Slovak MPs to uphold the principles of the rule of law and human rights for all people in Slovakia. O’Flaherty explained that Slovak Parliament will, in the coming days, debate in second reading the proposed constitutional amendments submitted by the government, which passed their 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,“ said the commissioner. According to O’Flaherty, one of the key proposals is that Slovakia would retain sovereignty in areas falling under the broadly interpreted concept of ‘national identity’, especially ‘fundamental cultural-ethical questions’. The commissioner expressed concern that this proposal contradicts the principle that a state's domestic legal provisions, including constitutional law, can't be used to justify actions or omissions that violate international law — including the obligation under the European Convention on Human Rights to fully uphold the rights and freedoms defined in that document. The commissioner added that this also applies to all other international treaties to which Slovakia is a party, including other Council of Europe treaties such as the European Social Charter, as well as global human rights protection instruments. O’Flaherty stated that any attempt to disregard specific rights on the grounds of “national identity” would be fundamentally incompatible with Slovakia’s international obligations. The commissioner also commented on other proposed amendments, stating that the proposal to recognise only two genders — male and female — risks denying the reality of transgender and intersex individuals. He added that it could affect human rights guarantees, such as access to legal gender recognition. He noted that one of the proposals, which seeks to make such recognition conditional on biological criteria, would entirely undermine this guarantee. O’Flaherty also noted concerns regarding proposed changes that could affect family life or access to comprehensive sexuality education, particularly in light of international standards. He stressed that it's essential for lawmakers to fully take these concerns into account — including those raised by independent domestic institutions — and to ensure that there is no diminution of rights for any group in society. The commissioner welcomed the proposal to constitutionally guarantee equal pay for men and women, calling it a positive step towards ensuring gender equality. He urged the government and lawmakers to address this important issue through a separate initiative that isn't tied to measures that would weaken human rights. lin