EPPride is deeply concerned and appalled by the draft constitutional amendment passed by the Slovak Parliament on 26 September, which stipulates that only two genders – “male” and “female” as defined biologically – will be recognised in future. Furthermore, the law severely restricts the rights of transgender people and same-sex couples, for example by reserving adoption exclusively for married male-female couples and banning surrogacy. Another dangerous element of the reform stipulates that decisions on “cultural and ethical issues” such as education, family life and language should fall exclusively within the remit of national legislation.

EPPride sees this development as a clear breach of fundamental democratic values, deliberate discrimination against minorities and a regressive restriction of human rights.

Why this constitutional amendment is incompatible with EU and human rights standards

1. Violation of human rights and fundamental freedoms
By exclusively recognising two genders, the identity of transgender and intersex people is explicitly ignored and denied. At the same time, same-sex couples are structurally disadvantaged – in terms of adoption, everyday family life and legal recognition. This clearly contradicts the EU’s fundamental rights and international human rights agreements to which Slovakia is committed.

2. Threat to legal coherence and EU treaties
The stipulation that decisions on “cultural and ethical issues” should be a matter for national legislation alone threatens compliance with EU law, especially when this EU law provides for standards for the protection of minorities, non-discrimination and equality. This opens the door to conflicts with treaty law, in particular with the EU Charter of Fundamental Rights.

3. Signal effect and social division
This reform sends a fatal signal: people are being systematically excluded, marginalised and restricted in their fundamental rights. It acts as a call for prejudice, creates uncertainty and exacerbates social polarisation.

EPPride’s demands on the EU

EPPride calls on the European Union, its institutions and, in particular, the European Commission and the European Parliament to:

1. Initiate infringement proceedings
If the Slovakian legislative changes come into force and violate existing EU directives and rights, the Commission must immediately examine whether infringement proceedings are warranted.

2. Conditionality of EU funding
EU funds should not be granted without restriction if Member States systematically violate human rights or EU obligations. Consideration should be given to whether funding can be suspended or made conditional on guarantees of respect for all citizens.

Already allocated funds must be withheld and considered for reallocation according to the possibilities provided in the recently renewed Multiannual Financial Framework.

3. Strengthening and effective implementation of the rule of law
The rule of law within the EU must not be mere lip service. Institutions such as the European Court of Justice and the Venice Commission must be more closely involved in order to ensure legal certainty and equal treatment for all.

4. Awareness-raising and protective measures for affected groups
Programmes are needed to protect transgender people, intersex people, same-sex couples and their children – legally, socially and psychologically. EU institutions should establish monitoring mecanisms and document abuse and discrimination.

5. Dialogue and precedent-setting
The EU must take a clear stance: these changes must not serve as a model. Open dialogue with Slovak authorities, human rights organisations and the communities affected is necessary to develop alternatives that are compatible with EU values and international standards.

Frontal attack on millions of Europeans

This constitutional amendment is a frontal attack on the dignity and rights of millions of Europeans. When a Member State denies the existence of trans and intersex people and actively discriminates against rainbow families, it is not just a domestic issue – it is a threat to the community of values of the entire European Union. We call on the EU to act clearly and decisively now so that no one in Europe is excluded because of their identity or family form.

This step by the Slovakian government is not an isolated case and must not become the norm in Europe. Anyone who sees the rights of minorities being curtailed is attacking the very foundations of a Union that is characterised by diversity, equality and human dignity.

We call for decisive, clear and swift action by the EU and all Member States. Not back to the past – but towards an inclusive future in which all genders are recognised and all families are welcome.