Ombudsman Criticises Constitutional Changes Over Human Rights Concerns

Bratislava, 30 September (TASR) – Public Ombudsman Robert Dobrovodsky criticised on Tuesday the recent approval of the Slovak Constitution amendment, raising concerns about several of its provisions, TASR learnt from his spokesperson Branislav Gigar on the same day. The Ombudsman warned that the vague concept of "national identity" could limit the protection of fundamental human rights under European legislation. He also pointed out that he had already warned Parliament about issues with the amendment back in June. „Similarly, the phrase ‘fundamental cultural and ethical issues’ is neither defined in legislation nor interpreted by any Slovak court rulings. It is a completely new legal term. In recent years, these words have frequently appeared in political debates concerning issues of parenting and family, child adoption, same-sex cohabitation, or abortion,” Dobrovodsky stated. According to the Ombudsman, the approved changes regarding Slovakia's sovereignty in cultural and ethical matters also violate Article 27 of the Vienna Convention on the Law of Treaties, “which stipulates that a state may not invoke the provisions of its internal law as justification for its failure to perform a treaty.” Dobrovodsky warned that the new constitutional provisions could result in non-compliance with decisions made by the European Court of Human Rights and the Court of Justice of the European Union. Furthermore, the changes could prohibit the Constitutional Court from interpreting fundamental rights and freedoms in light of rulings from these European courts. „Fundamental rights such as the right to private and family life will no longer be interpreted by the Constitutional Court through the lens of international treaties or decisions from the European Court of Human Rights or the Court of Justice of the European Union. In such cases, only rights and freedoms defined by the Constitution itself will apply,” the ombudsman added. On Friday, 26 September, Parliament approved the government-sponsored constitutional amendment, which defines the existence of only two genders – male and female – and introduces a ban on surrogacy. The Constitution will also now guarantee equal pay for equal work between men and women. The amendment further regulates child adoption and the educational process. mf/mcs