Slovakia’s parliament is on the verge of voting on a contentious legal change that could have severe repercussions for transgender individuals in the country. The proposed amendment seeks to eliminate the long-standing legal recognition of gender changes on official documents, effectively denying transgender people the right to modify their gender identity. This controversial move, which breezed through the first reading in March, has ignited a firestorm of opposition from human rights organizations and is likely to be contested in the constitutional court.
Inspired by a similar law enacted in neighboring Hungary in 2020, the amendment has stirred a wave of outrage among activists advocating for transgender rights. Critics argue that the proposed legislation would only allow a change in gender designation if a genetic test conclusively proved an error in identification, effectively blocking transgender individuals from obtaining legal recognition. This measure not only undermines their autonomy but also has far-reaching consequences, as it could result in the stigmatization and discrimination of transgender individuals in various spheres, including employment.
The timing of the vote is particularly significant as Slovakia approaches an early election in September amidst a backdrop of political unrest. With a caretaker government recently installed, the decision on this polarizing issue will be a litmus test for the country’s commitment to equality and inclusivity. Presently, transgender individuals in Slovakia have the ability to change not only their names and surnames but also their gender and birth number on official identification cards. However, if the amendment were to pass, transgender individuals would be limited to changing only their names, while other crucial personal data would remain unchanged, effectively creating a dissonance between their legal gender and their chosen identity.
The proposed amendment has elicited strong condemnation from advocacy groups, with Martin Macko, the executive director of Iniciativa Inakost, a civic group for LGBTI rights, likening the potential outcome to a modern-day Jewish star. Macko emphasizes that such a scenario would lead to individuals being identifiable by their legal documents, exposing them to potential discrimination from employers and others. Amidst mounting international pressure, Dunja Mijatovic, the Council of Europe Commissioner for Human Rights, called upon Slovakian lawmakers to reject the amendment, highlighting the importance of safeguarding the rights of transgender individuals.
Although the authors of the amendment declined to comment on the matter, the issue is far from settled. Slovakia’s constitution presently restricts marriage to unions between men and women, and a proposal to tighten abortion laws was narrowly defeated in 2020. The final reading of the bill, which initially secured 87 out of 150 votes in its first reading, is expected to take place next week. If approved, there is a possibility that President Zuzana Caputova, a liberal advocate, may exercise her veto power, potentially delaying a re-vote until after the upcoming election. Martin Macko remains optimistic that the Constitutional Court, which retains its independence in Slovakia, would ultimately invalidate the proposed change, recognizing the fundamental importance of protecting transgender rights.
By focusing on the potential infringement of transgender rights in Slovakia, this article sheds light on the imminent vote regarding a controversial gender recognition ban. The proposed amendment, which mirrors a Hungarian law, has drawn significant criticism from activists and human rights organizations.