Slovakia’s parliament has approved a sweeping constitutional amendment that recognizes only two sexes—male and female—while also tightening rules around adoption, gender transition, and prioritizing national law over European Union (EU) law. The move, which passed on September 26, 2025, with the minimum required 90 votes in the 150-seat National Council, has ignited fierce debate both at home and abroad, with supporters hailing it as a defense of traditional values and critics warning of dire human rights consequences.
The amendment, drafted by the government of Prime Minister Robert Fico, a figure often described as divisive and nationalist, was backed by members of the ruling coalition and a dozen conservative opposition lawmakers. According to the Associated Press, the measure required a three-fifths majority and just managed to clear that bar. The new constitutional language now defines gender strictly on biological grounds, stating, "the mother is a woman and the father is a man." It further asserts that sex is assigned at birth and "cannot be modified except for serious reasons, according to procedures that will be established by law."
The amendment goes beyond gender definitions. It makes adoption nearly impossible for anyone other than married couples, with rare exceptions, reinforcing an earlier constitutional provision from 2014 that defined marriage as a union between a man and a woman. Surrogacy is now constitutionally prohibited, and a child’s right to know their parents is affirmed. The new rules also require parental consent for access to sexual education in schools and mandate that school curricula respect the cultural and ethical positions set out in the constitution. Additionally, equal pay for men and women performing the same work is now a constitutional guarantee.
Justice Minister Boris Susko told parliament the amendment was designed to "boost traditional values." In the official government proposal, cited by Caliber.Az, proponents argued, "Strengthening the protection of traditional values is key to preserving the cultural heritage of the Slovak Republic and ensuring legal stability." The amendment, they said, was a response to what they saw as growing external pressure to abandon traditional societal norms and a step toward safeguarding Slovakia’s "sovereignty in matters of national identity, especially in fundamental cultural-ethical questions."
Prime Minister Fico, who returned to power in 2023, has never minced words about his intentions. According to Al Jazeera, he described the constitutional change as "a dam against progressivism" and "the best response to the collapse of Western societies, where progressivism and liberalism have been given priority." After the vote, he told reporters, "We know that in fundamental ethical issues, our national law must take precedence over international law, which often comes with ideas and opinions that are far removed from the values on which the Slovak Republic is built." Fico has also positioned Slovakia’s stance as part of a broader effort to defend national interests, saying, "Just as the American president does, just as the Russian president does, just as the Chinese president does."
This push for national sovereignty is explicit in the amendment, which states that Slovakia retains authority over issues of national identity, health, science, education, and civil status—asserting that national law should override EU law in these domains. This marks a potential flashpoint with the EU, as national law taking precedence over EU directives could challenge the functioning of the 27-nation bloc. The amendment’s passage also aligns Slovakia more closely with Hungary, whose Prime Minister Viktor Orbán has pursued similar policies, and with Russia, as Fico is one of the Kremlin’s few allies within the EU.
Not everyone is celebrating. The amendment has drawn sharp condemnation from human rights organizations and European institutions. Amnesty International, in a statement cited by AP, said, "Today, the Slovak government chose to follow the lead of countries, such as Hungary, whose policies have led to an erosion of human rights." Rado Sloboda, head of Amnesty Slovakia, called the vote "devastating news," arguing that, "Instead of taking concrete measures to protect the rights of LGBTI+ people, children, and women, our parliament voted to adopt constitutional amendments that put the constitution in direct conflict with international law."
The Council of Europe’s Commissioner for Human Rights, Michael O’Flaherty, previously urged lawmakers not to approve the changes, warning that they "deny the realities of trans and intersex people and may impact on human rights guarantees such as access to legal gender recognition." The Council of Europe’s Venice Commission also cautioned 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 Commission further warned that the undefined concept of "national identity" could lead to conflicts with Slovakia’s existing international obligations.
Domestically, the amendment has triggered political and social upheaval. Michal Simecka, leader of the opposition Progressive Slovakia party, called the vote "shameful" and said it "will hurt the people of Slovakia and call into question Slovakia’s place in the EU and its legal space." The LGBTI+ group Inakost, quoted in AFP, described the move as "one of the most dangerous decisions ever made by the Slovak parliament," warning that it "directly threatens our membership in the EU, bringing us even closer to authoritarian Russia."
Since Fico’s return to power, Slovakia has witnessed repeated mass protests, with thousands rallying against his government’s policies, including its pro-Russian stance and efforts to tighten control over the media and cultural institutions. Critics argue that these moves, alongside the new constitutional amendment, represent a broader trend of democratic backsliding and a retreat from Western liberal norms.
Supporters of the amendment, including members of the Christian Democratic Movement and Christian Union, maintain that the changes are necessary to preserve Slovakia’s cultural and spiritual heritage, protect children, and ensure legal clarity. They argue that the amendment simply codifies long-standing societal values and that concerns about human rights are overblown or ideologically driven by outside interests.
Still, the international ramifications remain uncertain. The amendment’s assertion that national law should override EU law in areas of national identity and ethics could set the stage for legal battles with Brussels and potentially jeopardize Slovakia’s access to EU funds or its standing within the bloc. The Council of Europe and other watchdogs have indicated they will closely monitor how these constitutional changes are implemented in practice.
For now, Slovakia stands at a crossroads—its government proclaiming a defense of tradition and sovereignty, while critics warn of growing isolation and the erosion of hard-won rights. The coming months will reveal whether this constitutional shift cements a new national direction or sparks further resistance both at home and across Europe.
