The European Union Agency for Fundamental Rights (FRA) is concerned about the recent amendment to the Constitution of the Slovak Republic. The amendment introduces provisions that may conflict with the shared values and legal obligations underpinning the European Union. The constitutional changes risk undermining the principles of equality, human dignity, and respect for fundamental rights enshrined in the EU Charter of Fundamental Rights, as well as the commitments Member States have undertaken under the Treaty on European Union.

FRA recalls that by acceding to the European Union (EU), Member States have freely and voluntarily committed themselves to the shared values set out in Article 2 of the Treaty on European Union (TEU) – respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights. Constitutional changes that risk limiting equality or other fundamental rights challenge these common values and may weaken their protection across the Union.

The Venice Commission of the Council of Europe, in its recent urgent opinion, warned that amendments referring to “national identity”, particularly in relation to “fundamental cultural and ethical issues”, must not provide grounds for discriminatory treatment and must remain consistent with the state’s duties under ECHR and EU law.

These developments are of particular concern for the rights of LGBTIQ+ people, which have come under pressure in other parts of the EU as well. They emerge against the backdrop of an already dire situation for LGBTIQ+ people in Slovakia. Evidence from FRA’s EU LGBTIQ Survey (2024) points to an increase of hate-motivated violence, harassment, and discrimination against LGBTIQ+ people in the country. Trans, non-binary and gender diverse, and intersex people are disproportionately affected.

The rights of LGBTIQ+ people have also come under pressure in other parts of the EU. Restrictions on parental rights for same sex couples, bans on LGBTIQ+ contents in schools, and restrictions on civil society work and the right to peaceful assembly have been imposed in several EU Member States. Such developments risk undermining the gradual progress enjoyed by some groups, and the increase of social acceptance of same-sex couples, as shown by recent FRA and Eurobarometer surveys.

In this context, FRA raises the following specific concerns:

• The amendment provides that only married couples, namely a man and a woman who are married (or in certain other specified legally recognised relationship) may adopt a child. This poses clear risks to the fundamental rights of same-sex couples. For instance, it restricts their right to form a family (C-127/08 Metock), and their freedom of movement by making it harder to move freely as a family across the EU (C-673/16 Coman).
• The amendment recognises only the “biologically determined sexes of male and female". This definition ignores the lived experiences of transgender, non-binary, gender diverse and intersex people, and may lead to discrimination and violations of their fundamental rights.
• The amendment introduces a requirement for parental consent for a child's participation in sex education. At a time when bullying and harassment of LGBTIQ+ people are frequent across the EU, such restrictions can make it harder for schools to provide objective, reliable and age-appropriate information. This can help promote understanding and respect and prevent hate and violence in schools.

FRA calls on EU Member States to:

• Ensure that all laws affecting LGBTIQ+ people are developed and implemented in full compliance with fundamental rights, and with EU and international law. Laws and measures should respond to the experiences of LGBTIQ+ people highlighted in FRA’s EU LGBTIQ Survey, and must ensure effective protection of their rights.
• Guarantee that the best interests of the child are prioritised in all decisions affecting children. This principle should be enshrined in the design and implementation of legislation and public policies, as required by the Charter and confirmed by the Court of Justice of the EU (CJEU).
• Balance conditions on sex education with the state's obligation to provide accessible, objective, and non-discriminatory education, and with the right of the child to receive information essential for their well-being and development, which is guaranteed by the Charter.
• Examine the impact of national legislation on international legal obligations, to avoid and address potential incoherence, fragmentation and legal uncertainty, which may undermine the rule of law and the protection of fundamental rights.
• Ensure effective legislative scrutiny and public consultation in the adoption of such measures, including with the EU, and national human rights and child protection bodies.

FRA also calls on EU institutions to:

• Act decisively to address the urgent need to protect fundamental rights under threat across the Union.
• ensure the effective implementation of rulings of the Court of Justice of the EU and the full respect of EU law.