The Constitutional Court Rules in Favor of Single Women and Same-Sex Couples in Slovenia
Background
After four years of deliberation, the Constitutional Court of Slovenia has ruled that the regulation excluding single women and women in same-sex partnerships from accessing assisted reproductive technologies (ART) is unconstitutional. The National Assembly has been given one year to rectify the discrepancy, but until then, the controversial provisions remain in effect.
A group of 38 members of parliament, along with advocate for equality Miha Lobnik, filed a request for the constitutional review of the law on infertility treatment and ART procedures in October 2020. The applicants argued that Article 55 of the constitution guarantees everyone the right to make free decisions about childbirth, emphasizing the concept of “positive freedom” that allows individuals to choose their own path.
Implications of the Court’s Decision
The court’s ruling addresses the issue of unconstitutional discrimination in access to ART for three specific groups: single women without partners, women in same-sex marriages or partnerships, and women in informal relationships. However, the ruling does not address the lack of access to ART for single men or same-sex male couples.
Upon the court’s decision, the political party Levica stated that this rectification represents a significant step towards correcting the injustices imposed on women by right-wing politics and the Catholic Church in Slovenia. They criticized the misleading and illegitimate referendum of 2001 as a stain on the country’s democratic history.
Political Response and Historical Context
In 2001, during the tenure of then-Prime Minister Janez Drnovšek, the government passed a law that would have allowed women not in relationships to access ART. However, this decision faced opposition, including from medical professionals who argued that gynecology typically treats couples rather than individuals.
Levica emphasized that the conservative forces in Slovenia, supported by the Catholic Church, have perpetuated a cultural battle to uphold the patriarchal family as the only acceptable form of family supported by the healthcare system. This narrative has persisted for over two decades, impacting many women in the country.
Positive Outcome for Women’s Rights
Following the court’s ruling, Matej T. Vatovec, a member of Levica, highlighted the importance of granting every woman the right to infertility treatment and ART regardless of their social or marital status. He urged swift legislative action to eliminate unconstitutional provisions and discrimination that have persisted for too long.
The National Assembly now has a year to amend the law, but Levica plans to push for expedited legislation to ensure prompt access to ART for single women. The party will collaborate with coalition partners to enact the necessary changes as soon as possible.
Conclusion
The Constitutional Court’s decision in Slovenia marks a significant victory for women’s reproductive rights and equality. It underscores the importance of protecting individual freedoms and combating discriminatory practices in healthcare access. The upcoming legislative changes will pave the way for a more inclusive and equitable society.
FAQs
What was the basis for the Constitutional Court’s ruling?
The court ruled that the exclusion of single women and women in same-sex partnerships from accessing ART violated the constitutional right to free decision-making about childbirth.
How has the political landscape in Slovenia contributed to this issue?
The influence of conservative forces, including the Catholic Church, has historically hindered progress in women’s reproductive rights, leading to discriminatory practices in healthcare access.
What steps will be taken to rectify the unconstitutional provisions?
The National Assembly has one year to amend the law to ensure equal access to ART for all women, but efforts are underway to expedite the legislative process and address the issue promptly.