Recognition of same-sex unions in Slovakia
Slovakia does not recognise same-sex marriage or civil unions. However, there is some limited legal recognition for unregistered cohabiting same-sex couples, notably with regard to inheritance rights.[1][2] The Constitution of Slovakia has limited marriage to opposite-sex couples since 2014, and bills to allow same-sex civil partnerships have been introduced several times, most recently in 2023, but have all been rejected.
In June 2018, the European Court of Justice ruled that under certain circumstances same-sex spouses of European Union (EU) citizens should be granted a right of residency in Slovakia.[3] Slovak authorities announced compliance with the ruling.[4]
Unregistered cohabitation edit
Since 2018, Slovak civil and penal law has recognised a "close person" (Slovak: blízka osoba), defined as a sibling or a spouse. A family member or a person in a relationship shall be considered under law as a "close person" "if an injury suffered by one of them is reasonably felt by the other person as an injury suffered by him or her." Only limited rights are granted, namely in the area of inheritance.[1][2]
In 2023, Minister of Justice Viliam Karas introduced a cohabitation bill to the National Council, which was approved at first reading in a 72–21 vote in May.[5] However, later that same month, Jana Dubovcová, who succeeded Karas as minister of justice on 15 May, withdrew the legislative proposal due to criticism from LGBT organizations.[6]
Registered partnerships edit
Background edit
In 2008 and 2009, Iniciatíva Inakosť ("Otherness Initiative"), an LGBT advocacy group, launched a public awareness campaign for the recognition of registered life partnerships (Slovak: životné partnerstvo,[7] pronounced [ˈʐiʋɔtɲeː ˈpartɲerstʋɔ])[a] between same-sex couples. Previously, bills to recognise same-sex civil partnerships had been defeated in 1997 and 2000.[9] In January 2008, activists met with Deputy Prime Minister Dušan Čaplovič to discuss proposed partnership legislation. Iniciatíva Inakosť also held a number of public discussions about registered partnerships throughout 2008.[10] During this time, the Green Party announced its support for registered partnerships for same-sex and opposite-sex couples.[11]
Slovakia is obliged under the European Court of Human Rights' ruling in Fedotova and Others v. Russia to provide legal recognition to same-sex unions. In January 2023, the Grand Chamber ruled in Fedotova that Article 8 of the European Convention on Human Rights, which guarantees a right to private and family life, places a positive obligation on all member states of the Council of Europe to recognize same-sex partnerships.[12]
Failed attempts in 2012–2023 edit
In March 2012, the Freedom and Solidarity (SaS) party announced that it would submit a draft law on registered partnerships.[13] The partnership bill was submitted to the National Council on August 23. It would have granted same-sex couples similar rights and obligations as married couples, including alimony, inheritance, access to medical documentation and the right to a widow's and widower's pension, but excluding adoption rights.[14][15] On September 19, the ruling Direction – Social Democracy (Smer) party announced that it would vote against the bill,[16] which was later rejected by a 14–94 vote in November 2012.[17]
In August 2017, Deputy Speaker of the National Council Lucia Ďuriš Nicholsonová promised to re-submit draft legislation on registered partnerships to Parliament.[18] On 11 December 2017, following a meeting with Iniciatíva Inakosť representatives, President Andrej Kiska called for a public debate on the rights of same-sex couples.[19] That same day, SaS reiterated its intention to introduce a registered partnership bill.[20] SaS introduced its partnership bill to the National Council in July 2018. Under the proposed bill, partnerships would have been open to both same-sex and opposite-sex couples and would have granted couples several rights and benefits enjoyed by married couples, namely in the areas of inheritance and healthcare.[21] The bill was defeated in September 2018, with only 31 out of 150 lawmakers in support.[22]
In 2021, the Progressive Slovakia party introduced a life partnership bill, but it was rejected in a 7–67 vote in October 2021.[23] MP Tomáš Valášek reintroduced a life partnership bill in 2022,[24] but it was rejected in a 31–53 vote in October 2022.[25][26] In August 2022, SaS introduced a cohabitation agreement bill to the National Council which would have granted couples various rights including co-ownership, inheritance, access to health documentation, the right to a widow's and widower's pension, and the right to nursing allowance.[27][28] A vote on the legislation took place only a few days after a terrorist attack on a gay bar in Bratislava in October 2022, but it failed to gather the sufficient number of votes. The bill was supported by 50 MPs with 37 opposed, but failed as it required 76 votes to pass. President Zuzana Čaputová criticized the bill's defeat, saying, "We need to act. Our society is not threatened by the love of two people of the same sex or their partnership."[29] The Catholic Church opposed the legislation, and was widely criticized by civil society after Archbishop Ján Orosch said that the two victims of the terrorist attack were "steeped in immoral behaviour" and "should not have been referred to as innocent".[30]
In 2023, registered partnerships were opposed by most Slovak political parties represented in the National Council, including For the People, the Christian Union, People's Party Our Slovakia, Ordinary People and Independent Personalities, Direction – Social Democracy, and We Are Family.[31][32][33] Progressive Slovakia, Freedom and Solidarity, Voice – Social Democracy,[34] and some members of Smer were in favour.[35] Another partnership bill was introduced to Parliament by SaS in April 2023,[36] but failed to pass before the September 2023 parliamentary election.
2023 court case edit
In May 2023, a group of lawmakers filed a lawsuit with the Constitutional Court of Slovakia arguing that Parliament's failure to pass legislation recognizing same-sex couples is contrary to the Constitution as well as Slovakia's international obligations.[37]
Same-sex marriage edit
In January 2014, the Christian Democratic Movement (KDH) announced that it would submit a draft law to prohibit same-sex marriage in the Slovak Constitution.[38] In February 2014, Minister of Culture Marek Maďarič said there were enough Smer MPs in favour of the constitutional ban for it to pass.[39] 40 MPs subsequently introduced a draft law to the National Council to ban same-sex marriage in the Slovak Constitution.[40] Prime Minister Robert Fico said that the governing Smer party would be willing to support the amendment in exchange for the opposition's support for an amendment introducing changes to the judicial system.[41] The bill passed its first reading in a 103–5 vote in March 2014.[42] The amendment would cause any future laws recognising same-sex marriage to be unconstitutional.[43][44] The bill was passed with 102 MPs voting for and 18 against in June 2014. President Ivan Gašparovič signed it into law.[45] Article 41 now reads as follows:[46][47]
Marriage is a unique union between a man and a woman. The Slovak Republic protects marriage in all of its aspects and supports its welfare. Marriage, parenthood and family are under the protection of the law. Special protection of children and juveniles is guaranteed.[b]
In 2022, the Žilina Regional Court ruled that immigration authorities' refusal to recognize the marriage of a Slovak national, Jakub Šanko de Ruiz, and his Argentine partner, Mariano Ruiz de Šanko, for the purposes of granting permanent residency to Ruiz de Šanko was unconstitutional. The court found that the refusal was unjustified discrimination based on sexual orientation, as well as a violation of the right to private and family life and preventing a Slovak citizen from returning to his home country.[48][49]
The Progressive Slovakia party supports same-sex marriage. Ahead of the 2023 election, party leader Michal Šimečka said the party is "a strong backer of a human rights agenda including same-sex marriage".[50]
2015 referendum edit
In December 2013, a conservative civil initiative group, the Aliancia za rodinu ("Alliance for the Family"), announced that it would push for a constitutional definition of marriage as "a union solely between a woman and a man".[51] The group intended to initiate referendums on several issues, and called for a ban on same-sex adoption and the prohibition of sex education in schools. They also suggested that other types of cohabitation should not be held equal to marriage between a man and a woman.[52][53] The group also criticised Swedish company IKEA for its corporate magazine which featured two lesbians raising a son.[54]
By August 2014, the group had collected more than 400,000 signatures for a petition to hold a referendum on 4 questions:[55]
- 1. Do you agree that no other cohabitation of persons other than a bond between one man and one woman can be called marriage?
- 2. Do you agree that same-sex couples or groups shouldn't be allowed to adopt children and subsequently raise them?
- 3. Do you agree that no other cohabitation of persons other than marriage should be granted particular protection, rights and duties that the legislative norms as of 1 March 2014 only grant to marriage and to spouses (mainly acknowledgement, registration, or recording as a life community in front of a public authority, the possibility to adopt a child by the spouse of a parent)?
- 4. Do you agree that schools cannot require children to participate in education pertaining to sexual behaviour or euthanasia if their parents or the children themselves do not agree with the content of the education?
President Andrej Kiska asked the Constitutional Court to consider the proposed questions.[56] In October 2014, the Constitutional Court ruled that the third question was unconstitutional.[57] A referendum on the other three questions was held on 7 February 2015. All three proposals were approved, but the referendum was declared invalid due to insufficient turnout (21.07%). The referendum required a 50% turnout to be valid.[58] Opponents, including human rights activists, advised voters to boycott the referendum.
2018 European Court of Justice ruling edit
On 5 June 2018, the European Court of Justice ruled in favour of a Romanian-American same-sex couple who sought to have their marriage recognised in Romania so that the American partner could reside in the country.[59] The court ruled that European Union (EU) member states must recognise the freedom of movement and residency rights of same-sex spouses, provided one partner is an EU citizen.[60][61][62] The court ruled that EU member states may choose whether or not to allow same-sex marriage, but they cannot obstruct the freedom of residence of an EU citizen and their spouse. In addition, the court ruled that the term "spouse" is gender-neutral and does not necessarily imply a person of the opposite sex.[59][4] The Slovak Interior Ministry, led by Denisa Saková, announced immediate compliance with the ruling.[63] While the ruling was well received by the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) and other human rights groups, it was condemned by the Slovak Catholic Church.[64][65]
Religious performance edit
The Catholic Church opposes same-sex marriage and does not allow its priests to officiate at such marriages. In December 2023, the Holy See published Fiducia supplicans, a declaration allowing Catholic priests to bless couples who are not considered to be married according to church teaching, including the blessing of same-sex couples.[66] The Conference of Slovak Bishops issued a statement on 21 December calling the declaration "a gesture of the Church's attention to every person.", adding that "[t]he bishops will familiarize themselves with the document and, if necessary, will look for suitable forms in the context of the local Church".[67]
Public opinion edit
Public opinion has shifted in Slovakia in the past few years, becoming more favourable to granting rights to same-sex couples. A 2008 poll commissioned by Iniciatíva Inakosť showed that 42% of Slovaks supported same-sex registered partnerships, while 45% were opposed. In addition, 47% supported "mutual maintenance duty among partners", 41% supported tax benefits, 45% supported spousal pensions for a deceased partner, 64% supported access to information about the medical condition of a partner, 54% supported the right to a day-off if the partner requires accompaniment to the doctor, 69% supported the right to bereavement leave, 58% supported the right to mutual inheritance, 55% supported the possibility to establish undivided co-ownership, and 58% supported the right to nursing benefits during care for a sick partner. According to a similar poll conducted in 2009, 45% of respondents supported same-sex registered partnerships, while 41% were opposed, and 14% were unsure.[68] Support for specific rights was higher, with 56% supporting the right of same-sex couples to jointly own property, 72% supporting access to medical information about the partner and 71% supporting the right to bereavement leave.[10]
A 2012 commissioned by Iniciatíva Inakosť showed that 47% of Slovaks supported registered partnerships, while 38% were opposed. Support for specific rights had also increased in comparison to 2009, with 57% supporting the right of same-sex couples to jointly own property, 75% supported access to medical information about the partner and 73% supporting the right to bereavement leave.[69]
The 2015 Eurobarometer found that 24% of Slovaks supported same-sex marriage, while 69% were opposed. EU-wide support was 61%.[70] At the same time, a poll conducted by FOCUS (Centrum pre sociálnu a marketingovú analýzu) the same year showed that 50% of Slovaks supported registered partnerships, while 35% were opposed.[71] A poll conducted in 2016 by the same polling organization showed that 40% of respondents supported partnrships, while 55% were opposed. The poll also showed that 27% of Slovaks were in favour of same-sex marriage and 20% were in favour of adoption by same-sex couples.[72]
According to a 2017 Pew Research Center poll, 47% of Slovaks supported same-sex marriage, while 47% opposed and 6% undecided. Among 18–34-year-olds, opposition to same-sex marriage was 42%.[73] The May 2019 Eurobarometer showed that 20% of Slovaks thought same-sex marriage should be allowed throughout Europe, while 70% were opposed. This was second lowest level of support in the European Union after Bulgaria, and significantly lower than the EU average of 69%.[74] A 2019 survey conducted by the AKO polling agency found that 57% of Slovaks were in favour of same-sex registered partnerships.[75] However, a FOCUS poll conducted the same year showed that only 30% of respondents supported registered partnerships, while 68% were opposed. 14.5% of respondents supported adoption by same-sex couples, while 83% were against.[76]
According to a 2022 Ipsos poll, 49% of Slovaks were in favour of same-sex civil partnerships and 39% were opposed. In addition, 32% supported same-sex marriage with 55% opposed, and 29% supported adoption by same-sex partners with 58% against.[77] The 2023 Eurobarometer found that 37% of respondents thought same-sex marriage should be allowed throughout Europe, while 56% were opposed. The survey also found that 47% of Slovaks thought that "there is nothing wrong in a sexual relationship between two persons of the same sex", while 48% disagreed.[78]
See also edit
Notes edit
- ^ Hungarian: bejegyzett élettársi kapcsolat,[8] pronounced [ˈbɛjɛɟzɛtː ˈeːlɛtːaːrʃi ˈkɒpt͡ʃolɒt]; Rusyn: горожанськоє цимборенє, gorožans'koje tsimborenje
- ^ In Slovak: Manželstvo je jedinečný zväzok medzi mužom a ženou. Slovenská republika manželstvo všestranne chráni a napomáha jeho dobru. Manželstvo, rodičovstvo a rodina sú pod ochranou zákona. Zaručuje sa osobitná ochrana detí a mladistvých.
References edit
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- ^ a b JUDGMENT OF THE COURT (Grand Chamber) 5 June 2018
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- ^ "Životné partnerstvá pre každého aj tri veľké nemocnice. Progresívne Slovensko predstavilo program". SME (in Slovak). 2 September 2023.
- ^ Takács Henrietta, Németh (19 October 2022). "Szlovákiában nem vezetik be a bejegyzett élettársi kapcsolat intézményét. A képviselők nem szavazták meg az SaS javaslatát". Körkép.sk (in Hungarian).
- ^ Roberts, Scott (6 November 2012). "Civil partnership defeat for Slovakia". PinkNews.
- ^ a b Iniciatíva Inakosť
- ^ 7 bodov pre krajšie a zdravšie Slovensko "podpora registrovaných partnerstiev medzi ľuďmi rozdielneho aj rovnakého pohlavia"
- ^ "ECtHR: refusal of any form of legal recognition and protection for same-sex couples breaches Convention". EU Law Live. 17 January 2023.
- ^ SaS predloží partnerstvá gejov Denník SME, 2012
- ^ SaS proposes same-sex registered partnership Denník SME, 2012
- ^ Návrh zákona o registrovanom partnerstve
- ^ Vládny Smer-SD registrované partnerstvá homosexuálov nepodporí
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- ^ News digest: 'Cohabitation' bill to help LGBT+ couples In: SME, 17 October 2022
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- ^ KDH chce v Ústave definovať manželstvo ako zväzok muža a ženy
- ^ Podľa Maďariča je správne, aby spoločnosť podporovala tradičnú rodinu
- ^ Návrh skupiny poslancov NR SR na vydanie ústavného zákona, ktorým sa mení a doĺňa zákon č. 460/1992 Zb. Ústava Slovenskej republiky v znení neskorších predpisov
- ^ Slovakia mulls constitutional ban on same-sex marriage
- ^ Hlasovanie podľa klubov
- ^ Hrušovský: Ak Ústava prejde, gayovia nedostanú práva ako manželstvo
- ^ Activists protest constitutional amendment on marriage
- ^ Poslanci zmenili Ústavu, manželstvo dostalo ochranu
- ^ "Ústavný zákon č. 460/1992 Zb". Zákony pre ľudí (in Slovak).
- ^ "Slovakia's Constitution of 1992 with Amendments through 2014" (PDF). Constitute Project. 27 July 2018.
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- ^ Traditional family advocates criticise Ikea
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- ^ Slovak conservatives fail to cement gay marriage ban in referendum The Guardian, 8 February 2015
- ^ a b "Same-sex spouses have equal residency rights". BBC News. June 6, 2018.
- ^ EU states must recognize foreign same-sex marriages: court, Reuters, June 5, 2018
- ^ Rights for same-sex married couples to move around the EU confirmed in landmark ruling, Yahoo News, June 6, 2018
- ^ Alina Tryfonidou (June 7, 2018). "Rights for same-sex married couples to move around the EU confirmed in landmark ruling". The Conversation.
- ^ Same-sex married couples have the right to stay in Slovakia, The Slovak Spectator, 5 June 2018
- ^ Landmark EU marriage ruling hailed as big win for gay rights, Thomson Reuters Foundation News, 5 June 2018
- ^ East European church leaders fret about same-sex marriage ruling, Crux: Covering all things Catholic, 9 June 2018
- ^ Flynn, JD (2023-12-22). "Is the 'false narrative' narrative a false narrative?". The Pillar. from the original on 23 December 2023. Retrieved 2023-12-23.
- ^ Coppen, Luke (19 December 2023). "'Fiducia supplicans': Who's saying what?". The Pillar.
- ^ (in Slovak) Je spoločnosť na RP pripravená
- ^ Public opinion 2012 Iniciatíva Inakosť, 2012
- ^ (PDF). Archived from the original (PDF) on 2016-01-22. Retrieved 2017-12-30.
- ^ Alternatívu k manželstvu podporuje väčšina spoločnosti Poll by the Focus, 2015
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- ^ Eastern and Western Europeans Differ on Importance of Religion, Views of Minorities, and Key Social Issues, Pew Research Center, 2017
- ^ Eurobarometer 493 - Discrimination in the EU (including LGBTI), May 2019
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