Europe’s top human rights commissioner has urged the Slovak Republic to reconsider a bill that would strip legal recognition of trans people from law.

Proposed amendments to Slovakia’s Constitution would allow the central-European country to disregard international human rights laws to preserve its “national identity” and to answer what it calls “fundamental cultural-ethical questions.”

One of the proposed amendments that attempts to answer these questions is a declaration that recognises “only the sex of male and female,” essentially denying that trans, non-binary, or intersex people exist. 

Another amendment, if passed, would restrict adoption rights to only allow married heterosexual couples to adopt.

The proposals, tabled in March, would build upon legislation passed in 2023, which essentially made legal gender recognition for transgender people impossible.

A combination of human rights organisations in Slovakia and across Europe, including the Slovak National Centre for Human Rights and the Public Defender of Rights, have expressed concerns that the amendments could “conflict” with international law.

The Council of Europe’s commissioner for human rights, Michael O’Flaherty, said the law not only risks “denying the realities of trans and intersex people,” but could be used to “justify an act or omission which is in breach of international law.”

He urged parliamentarians to reject the proposed amendments, saying they “undermine” the general human rights protections of all Slovakians and “weaken the human rights of specific groups in society.”

“It is crucial that parliamentarians take such concerns, including as expressed by domestic independent bodies, fully on board and ensure that there is no diminution of rights for any group in society,” he said.

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In April, Amnesty International said the “draconian measures” would risk “crushing the rights of LGBTQ+ people” and were a step backwards for gender equality.

It noted that the proposals could also restrict access to reproductive healthcare or abortion care on the grounds of “conscience.”

Amnesty International Slovakia director, Rado Sloboda, said the amendments are “an attempt to buttress and increasingly hostile environemtn for LGBTIQ+ people, undermine gender equality, rule of law, and broader human rights protections in Slovakia.

“These draconian measures would further undermine gender equality and deepen the crackdown on LGBTIQ+ people’s rights, mirroring the dangerous practices of other countries in the region, such as Hungary and Poland,” he added. 

“Members of the Slovak Parliament must vote to reject this multi-pronged assault on human rights.”

The Slovak Republic is 32nd out of 50 countries in Equaldex’s index on LGBTQ+ rights in Europe, landing just below Poland, Hungary, and Monaco.