FAMILY LAW | SLOVAKIA

On 4th June 2014, the Slovakian parliament – the National Council – amended the country’s constitution to include the definition of marriage as a „unique bond between a man and a woman“. The amendment to the constitution was adopted with an overwhelming majority of votes – 102 members of parliament voted for the amendment, whereas only 18 voted against, with 3 abstentions. Such a distribution of votes is the result of the trade-off between the social democrats (SMER) and the Christian democrats (KDH). The ruling social democrat party, even though declaratory against the amendment, agreed to vote for it, in return for KDH supporting their judicial reform.

The amendment prevents any other type of relationship, save the relationships between a man and a woman, to be recognized under the term marriage. It also supposedly excludes any other type of relationship, such as a same-sex relationship, from enjoying the rights and protections conferred by marriage. Namely, the amendment was accompanied by an explanatory document for legislators which, according to a translation by the activist group ILGA, inter alia, states: “It is impossible to establish the rights and duties associated with marriage in any other way.”

Many have criticized the amendment claiming that its sole purpose is to limit the rights of lesbian and gay couples, as well as any other forms of families, such as single parents or unmarried couples, and not to “defend” marriage, which was the proclaimed purpose of the amendment.

A similar provision became part of the Croatian constitution as a result of the constitutional referendum held on 1st December 2013. The majority of Croatian voters showed support for the proposed amendment that would define marriage as a union between a man and a woman. In the meantime, however, the Croatian government drafted the Life Partnership of Same-Sex Couples Act, which will regulate civil unions between same-sex couples. According to the draft proposal of the Act, same-sex couples that register their partnerships will enjoy many rights conferred by marriage, the right to adopt children being the biggest exception. It is expected that this Act will be adopted in mid-July.

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Ivana Kunda

Associate Professor at University of Rijeka, Faculty of Law

Ivana Kunda is the Head of the Department for International and European Private Law at the University of Rijeka, Faculty of Law. She teaches various legal courses and provides expert legal advice in the fields of conflict of laws and European private law for clients all over Europe. She is a member of the International Law Association and the International Association for the Advancement of Teaching and Research in Intellectual Property.

Latest posts by Ivana Kunda (see all)

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• Slovakia Amends Its Constitution To Define Marriage As A Union Between One Man And One Woman - June 10, 2014