LGBT rights in Slovakia

LGBT rights in Slovakia Slovakia
Location of  Slovakia  (dark green)

– in Europe  (light green & dark grey)
– in the European Union  (light green)  –  [Legend]

Same-sex sexual intercourse legal status Legal since 1962 as part of Czechoslovakia,
age of consent equalized in 1990
Gender identity/expression Allowed to change legal gender
Military service Gays, lesbians and bisexuals allowed to serve
Discrimination protections Sexual orientation and gender identity protections since 2002
(see below)
Family rights
Recognition of
relationships		 Partial recognition of unregistered cohabitation per the Penal and Civic law[1][2]
Restrictions:
 Same-sex marriage constitutionally banned
Adoption Single LGBT person allowed to adopt

Lesbian, gay, bisexual, and transgender (LGBT) people in Slovakia face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in Slovakia, but households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples. Slovakia does not recognise same-sex marriage or civil unions. Slovakia, unlike its neighbour, the Czech Republic, tends to be socially conservative on issues dealing with LGBT rights.

Nevertheless, Slovakia possesses comprehensive anti-discrimination laws covering sexual orientation and gender identity, among others, in areas such as employment, goods and services, education, health services, hate crimes and hate speech. Gays and bisexuals are allowed to serve openly in the Slovak Armed Forces. Additionally, attitudes towards members of the LGBT community are slowly becoming more accepting, in line with worldwide trends. A 2007 poll showed that two-thirds of Slovaks believe that homosexuality should be accepted by society. Opinion polls have reported a trend in support for same-sex marriage and civil unions, with a majority of Slovaks now favouring the latter.[3]

Law regarding same-sex sexual activity

Same-sex sexual activity was legalized in 1962. The age of consent was equalized with the heterosexual age of 15 in 1990.[4]

Recognition of same-sex relationships

There is no legal recognition of same-sex unions in Slovakia. On 4 June 2014, the Slovak Parliament approved a constitutional amendment banning same-sex marriage, with 102 deputies for and 18 deputies against the legislation.[5]

In 2018, the Freedom and Solidarity party prepared a bill to legalise registered partnerships, which would have granted same-sex couples some of the benefits and responsibilities of marriage. President Andrej Kiska has called for more discussion on this issue.[6] The proposal failed in September 2018.[7]

In June 2018, the European Court of Justice ruled that EU members states must grant married same-sex couples, where at least one partner is an EU citizen, full residency rights. Slovak officials quickly announced compliance with the ruling.[8]

Discrimination protections

The Anti-Discrimination Act was adopted in 2004, in requirement with European Union protocols on anti-discrimination in its member states. The Act, broadened in 2008, made it illegal to discriminate on the basis of sexual orientation and "gender identification" in a wide variety of areas, including employment, education, housing, social care and the provision of goods and services.[9]

In May 2013, the Criminal Code was amended to include sexual orientation as a ground for hate crimes, allowing penalty enhancements where a crime is motivated by homophobia.[10] Additionally, hate speeches on the basis of sexual orientation are outlawed.[3]

Gender identity and expression

Transgender people in Slovakia are allowed to change legal gender, but require undergoing sex reassignment surgery and sterilization, divorce if married, and receive a medical diagnosis to do so.[3]

Blood donation

Gay and bisexual men are allowed to donate blood, provided they haven't had sex in a year.[11]

Living conditions

Bratislava Pride parade in 2012

Slovakia's first gay pride event took place on 22 May 2010 in Bratislava. A crowd of about a thousand were confronted by anti-gay right-wing groups. While the National and Bratislava's municipal police forces kept the two sides apart, several anti-gay protesters were able to infiltrate the event and throw stones at speakers and disperse tear gas into the crowd. Pride demonstrators had to cancel their march through the city center, but were able to cross the Danube under police protection. Twenty-nine persons were arrested.[12] The event has since improved its security measures and it has been supported by many foreign embassies.[13]

There is a small gay scene in Slovakia with a few bars and clubs in Bratislava.[14]

Public opinion and demographics

A 2006 European Union poll showed that 19% of Slovaks supported same-sex marriage,[15] however, a 2015 survey found that more than 50.4% of Slovaks would vote in favor of same-sex registered partnerships.[16]

A 2007 Pew Global Attitudes Project survey recorded that 66% of Slovaks believed that homosexuality should be accepted by society.[17]

A 2016 opinion poll conducted by FOCUS found that 27% of Slovaks supported same-sex marriage.[18]

In 2017, the Iniciatíva Inakosť conducted a survey enquiring into the lives of Slovak LGBT people. The survey found that 52% were irreligious, while 33% were Roman Catholics, 6% were Evangelicals and 2% were Greek Orthodox. However, 56.5% considered religion "important" in their lives. When divided by political ideology, 58.5% considered themselves either "very liberal" or "liberal". Only 2.5% considered themselves "conservative", and 18% said they were "centrist". Freedom and Solidarity and Progressive Slovakia were the most popular political parties among LGBT people. With regards to coming out, most respondents said it had been "positive". 71% and 52% of sisters and brothers respectively were accepting of their coming out. 54% of mothers, 42% of fathers and 49.5% of grandparents responded the same, and a significant number (including 28.5% of fathers and 29% of grandparents) were indifferent. Furthermore, 78% of respondents considered their relationship with their partner as "serious", but less than half were willing to hold their hand in public. However, many respondents reported low self-esteem, anxiety, depression, alcohol abuse and suicidal feelings.[19]

Summary table

Same-sex sexual activity legal (Since 1962)
Equal age of consent (Since 1990)
Anti-discrimination laws in employment (Since 2004)
Anti-discrimination laws in the provision of goods and services (Since 2008)
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) (Since 2016)[3]
Hate crime laws include sexual orientation (Since 2013)
Same-sex marriage / (Constitutional ban since 2014; same-sex marriages performed in the EU recognised for residency purposes since 2018)
Recognition of same-sex unions (unregistered cohabitation) (Since 2018) (Limited rights for "close person" recognized under civil and penal law[20][21].)
Single LGBT individuals allowed to adopt
Stepchild adoption by same-sex couples
Joint adoption by same-sex couples
Lesbians, gays and bisexuals allowed to serve openly in the military
Right to change legal gender (Since 1995)[3]
Conversion therapy banned on minors
Access to IVF for lesbians
Commercial surrogacy for gay male couples (Illegal for all couples regardless of sexual orientation)
MSMs allowed to donate blood / (12 months deferral period)

See also

References

  1. ↑ Zák. č. 40/1964 Z. z. Občiansky zákonník
  2. ↑ Zák. č. 301/2005 Z. z. Trestný poriadok
  3. 1 2 3 4 5 Rainbow Europe: Slovakia
  4. ↑ "Wayback Machine" (PDF). 26 February 2012. Archived from the original (PDF) on 26 February 2012. Retrieved 15 December 2017.
  5. ↑ Radoslav, Tomek (4 June 2014). "Slovak Lawmakers Approve Constitutional Ban on Same-Sex Marriage". Bloomberg Businessweek. Retrieved 12 July 2014.
  6. ↑ (in Slovak) Tímlíderkou SaS pre osobné slobody sa stala Natália Blahová
  7. ↑ (in Slovak) SaS nepresadila zákon o životných partnerstvách, ktoré by mohli uzatvárať aj páry rovnakého pohlavia.
  8. ↑ Same-sex married couples have the right to stay in Slovakia, The Slovak Spectator, 5 June 2018
  9. ↑ "Wayback Machine" (PDF). 23 December 2009. Archived from the original (PDF) on 23 December 2009. Retrieved 15 December 2017.
  10. ↑ "Law change criminalises homophobia / Slovakia / Country-by-country / Guide to Europe / Home / ilga - ILGA Europe". 30 August 2014. Archived from the original on 30 August 2014. Retrieved 15 December 2017.
  11. ↑ "Dotazník pre darcov krvi, plazmy a krvných buniek" (PDF). 2016-05-01. Archived from the original (PDF) on 2017-09-24. Retrieved 2017-09-24.
  12. ↑ "Dúhový pochod stopli extrémisti". Sme.sk. Retrieved 15 December 2017.
  13. ↑ "Veľvyslanci podporujú Dúhový Pride". Sme.sk. Retrieved 15 December 2017.
  14. ↑ "Gay - Slovakia". 29 September 2006. Archived from the original on 29 September 2006. Retrieved 15 December 2017.
  15. ↑ "Eight EU Countries Back Same-Sex Marriage: Angus Reid Global Monitor". 5 September 2008. Archived from the original on 5 September 2008. Retrieved 15 December 2017.
  16. ↑ "Alternatívu k manželstvu podporuje väčšina spoločnosti". Domov.sme.sk. Retrieved 15 December 2017.
  17. ↑ "Chapter 3. Views of Religion and Morality | Pew Research Center". Pewglobal.org. Retrieved 2017-03-12.
  18. ↑ Slováci sú naďalej jasne proti registrovaným partnerstvám Poll by the Focus, 2016
  19. ↑ The biggest survey showed the lives of LGBT people
  20. ↑ Zák. č. 40/1964 Z. z. Občiansky zákonník
  21. ↑ Zák. č. 301/2005 Z. z. Trestný poriadok
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