Legal union of a same-sex couple in the Slovak Republic and the scope of recognition of such unions validly established abroad

Abstract

The paper focuses on the issue of legal regulation of unions of same-sex couples under the conditions of the Slovak legal order. The author notes that within the Slovak Republic there is no equivalent of the institution of marriage for cohabiting persons of the same sex. It is further specified on the issues of recognition of marriages of same-sex couples, respectively registered partnerships established abroad. The aim of the contribution is to summarize and stimulate a wider discussion on the issues addressed and to point out the fact that human rights must be guaranteed in a state of law, while their guarantee can be interpreted as a security granted to all and the rejection of discrimination. The lack of legal recognition for same-sex unions not only presents social challenges but also practical hindrances in daily affairs such as healthcare, taxation, and social security benefits, which can often be predicated on marital status. It is crucial to consider the implications of such legal gaps on the well-being of individuals who are part of same-sex couples, as well as their children. The evolving social fabric and changing attitudes towards same-sex relationships necessitate a reassessment of existing legal frameworks to ensure inclusivity and equality under the law. The continued efforts and discussions within the Slovak Republic highlight a growing awareness and potential for legislative change that aligns with the European consensus on human rights. Moreover, the exploration of legal avenues for recognition of same-sex unions must consider the dynamic nature of family structures in the contemporary context, where diversity in family units is becoming increasingly normative.