The Slovak Republic must avoid regression on legal gender recognition

Written declaration No. 774 | Doc. 15765 | 04 May 2023

Signatories:

Mr Christophe LACROIX, Belgium, SOC ; Ms Thórhildur Sunna ÆVARSDÓTTIR, Iceland, SOC ; Mr Gergely ARATÓ, Hungary, SOC ; Ms Sibel ARSLAN, Switzerland, SOC ; Ms Petra BAYR, Austria, SOC ; Ms Margreet De BOER, Netherlands, SOC ; Mr Pedro CEGONHO, Portugal, SOC ; Ms Camilla FABRICIUS, Denmark, SOC ; Ms Sascha FAXE, Denmark, SOC ; Ms Aurora FLORIDIA, Italy, SOC ; Ms Béatrice FRESKO-ROLFO, Monaco, ALDE ; Ms Hripsime GRIGORYAN, Armenia, SOC ; Mr Domagoj HAJDUKOVIĆ, Croatia, SOC ; Mr Mogens JENSEN, Denmark, SOC ; Mr Mattias JONSSON, Sweden, SOC ; Mr Kristoffer LINDBERG, Sweden, SOC ; Mr Didier MARIE, France, SOC ; Mr Simon MOUTQUIN, Belgium, SOC ; Mr Andrea ORLANDO, Italy, SOC ; Mr Christian PETRY, Germany, SOC ; Ms Petra STIENEN, Netherlands, ALDE ; Ms Derya TÜRK-NACHBAUR, Germany, SOC ; Ms Sandra ZAMPA, Italy, SOC

This written declaration does not reflect the position of the Assembly; only of those members that have signed it. It will not be considered further by the Assembly.

We, the undersigned, declare the following:

The National Council of the Slovak Republic has recently adopted on first reading a proposal for a law supplementing Act No. 301/1995 Coll. on birth registration numbers (print no. 1486), which would make legal gender recognition impossible in practice. This would have significant negative impact on the ability of both trans and intersex Slovakians to enjoy their human rights.

Having identity documents that match one’s identity is vital to everyone’s participation in daily life, access to employment, education, healthcare, and public services, and in ensuring safety. The proposed requirement to demonstrate change in one’s chromosomes is physically impossible, thus making change impossible too. This creates a de facto ban on legal gender recognition. The Recommendation CM/Rec(2010)5 of the Committee of Ministers to member States on measures to combat discrimination on grounds of sexual orientation or gender identity makes clear that member States have a responsibility to ensure that individuals have access to a “quick, transparent and accessible” legal gender recognition mechanism.

We remind the National Council of its duty to uphold human rights standards for all citizens, including with respect to the right to privacy and family life and recognition before the law, and we call on it to reject the proposed law in the second reading.