The Venice Commission of the Council of Europe has issued today its urgent opinion on the draft amendments to the Constitution of the Slovak Republic concerning, amongst others, national identity, surrogacy and equal pay.
This opinion, requested by the Monitoring Committee of the Parliamentary Assembly of the Council of Europe, was prepared through the urgent procedure so that it could be made available to the Slovak Parliament before it considers the draft amendments to the Constitution on 25 September 2025.
On 21 and 22 August 2025, a delegation of the Venice Commission travelled to the Slovak Republic and met with representatives of the Government Office, the Ministry of Interior, the Ministry of Finance, the Ministry of Justice, the Ministry of Education, Research, Development and Youth, the Ministry of Labour, Social Affairs and Family, the Public Defender of Rights, the Constitutional Court, civil society organisations and representatives of the international community. Additional online meetings were held on 11 September 2025 with representatives of the parliamentary majority and opposition.
In the opinion, the Venice Commission welcomes the introduction in Article 36 of the Constitution of the guarantee of equal pay for men and women as an important step towards gender equality.
As concerns the proposal to proclaim in Article 7 of the Constitution that the Slovak Republic "retains its sovereignty in particular in matters of national identity, consisting in particular of fundamental cultural and ethical issues […]", the Commission warns about the need for the definitions of "national identity" and "cultural and ethical issues" not to create a conflict with the existing international obligations of the Slovak Republic, notably under the Treaty of the European Union and the European Convention on Human Rights.
The Commission notes that the draft amendment to Article 15 of the Constitution concerning the prohibition of surrogacy is not per se in breach of international standards. Similarly, the amendments to Article 41 of the Constitution concerning the limitation of adoption to married heterosexual couples are not per se against European standards but reinforce a restrictive stance on adoption and in addition considerably raise the bar for future legal reforms by embedding these limitations in the Constitution.
The Commission further finds that while, as such, strengthening in Article 41 of the Constitution the right of legal representatives to approve or refuse their children's participation in educational activities, is not per se contrary to European standards, it must be balanced against the children's right to receive objective information and the State's duty to provide accessible, non-discriminatory education.
Regarding the constitutional enshrinement in new Article 52a of the Constitution of a strictly binary definition of sex, the Venice Commission finds, on the basis of the case-law of the European Court of Human Rights, that the choice of recognition of a third or neutral sex falls within the margin of appreciation of the Slovak Republic. Nonetheless, it warns that entrenching a strict binary understanding of sex in the Constitution should not result in justifying discrimination based on sexual orientation or gender identity in subsequent legislation or state measures.
The Venice Commission expresses regret that the parliamentary process prior to their adoption in second reading, when substantive changes would still have been possible, had not provided for sufficiently broad and inclusive consultations, and has thus failed to allow for meaningful debates on the controversial issues at stake.
The Venice Commission makes four key recommendations, which may be found in the opinion.
The urgent opinion will be submitted for endorsement at the 144th Plenary Session of the Venice Commission (9-10 October 2025).
Urgent opinion on the draft amendments to the constitution of the Slovak Republic
