SLOVAKIA: State registration and recognition of religious or belief communities
By Prof. Marek Smid
HRWF (20.04.2026) — On 16 April, Human Rights Without Frontiers held online the third conference of its Central Europe Forum for Freedom of Religion or Belief (CEFoRB).
The event brought together more than 60 participants from several continents to examine the legal and administrative barriers faced by said communities in four countries of Central Europe. A dozen experts, mainly from EU countries, underlined that registration systems must not become instruments of discrimination or control.
Prof. Marek Smid made a presentation about the situation in Slovakia. We are pleased to share it with you.
State registration and recognition of religious or belief communities in Slovakia
By Prof. Marek Smid
The system of Church registration
The registration of churches and religious communities in Slovakia is governed by the Act number three hundred and eight of the year nineteen ninety-one of the Collection of Laws on Freedom of Religious Belief and the Status of Churches and Religious Communities. Under this Act, eighteen religious entities have so far been registered by the State (1).
Any proposal for registration of a church or a religious community submitted to the Ministry of Culture of the Slovak Republic must include affidavits of at least 50,000 (2) adult members who have permanent residence in the territory of the Slovak Republic and are citizens of the Slovak Republic, that they state their affiliation with the church or religious community in the registration application, support the proposal for its registration, are its members, are familiar with the fundamental articles of faith and its teachings, and are aware of the rights and obligations arising from their membership in the church or religious community, including their names, surnames, permanent residence addresses, and personal identification numbers.
This legal rule often raises questions, especially given the high number of members of a religious subject that the applicant must demonstrate for registration. Criticism also concerns the criteria of citizenship and permanent residence, which reduce the number of applicants for church registration.
At first glance, this objection is logical; however, in view of Slovakia’s legal and social culture, as well as the history and circumstances of religious life in Slovakia, it is necessary to possess an exceptionally large body of knowledge and experience when seeking answers.
By registering, a church acquires the right to financial support from the state as well as several other rights such as in education or the provision of chaplaincy and spiritual services of all kinds. Therefore, the registration criteria are more demanding. Adult members of a religious community who are citizens of the Slovak Republic with permanent residence have a stronger presumption of compliance with legal obligations and are better acquainted with the teachings of the relevant community, as well as with the rights and obligations arising from their membership (3). Supporters of the current framework also present this as a requirement to have a so-called “demonstrable social base.” The State should also have the right to set the threshold so that the status is not granted to very small groups(4).
On 3 February 2010, the Constitutional Court of the Slovak Republic upheld the validity of the current registration framework.
In recent years, two proposals to amend the registration rules have been debated in Parliament.
In 2023, the proposal introduced a new category alongside churches called a “religious association,” with a threshold of 150 persons.
In 2024, the proposal sought to lower the threshold for registering a church directly to 150 persons and to distinguish between the registration of churches and the churches’ special rights, for example in education or chaplaincy.
Neither proposal gained sufficient support and both ended with the result that Parliament would not continue deliberations. I would say: time will tell…
Recent amendments to the Slovak Constitution
Slovakia is currently holding debates with churches in several areas affected by various religious teachings and principles.
The European Commission’s infringement procedure concerning the constitutional amendments effective from 1 November 2025 drew the most attention and debate.
I found that Slovakia’s sovereignty in matters of national identity shaped by cultural and ethical issues was constitutionally strengthened (the Constitutional Court will likely have to take this into account when interpreting the law).
An explicit ban on surrogate motherhood was added, and the principle of equality between women and men in pay for work performed was established directly in the Constitution. It was also stated precisely who is meant in law by the term “parent”—namely, a woman who is the mother and a man who is the father of the child. It was determined who may adopt a minor child: spouses, a spouse and one of the parents if they live in marriage, a surviving spouse of a parent or adopter, as well as a single person if the adoption is in the child’s best interest, with the requirement that a court must always decide on the adoption. Furthermore, the upbringing and education of children in forming intimate life and sexual behaviour may be provided only with the consent of the legal representative, for example a parent, and in a manner appropriate to the child’s age. Finally, only biologically determined sex—male and female—is recognized.
These value-based principles of the churches’ teaching were already reflected, even before the amendment, in the adopted Article 41(1) of the Constitution of the Slovak Republic (inserted mainly thanks to the efforts of the Slovak politician known to us, Ján Figeľ), according to which marriage is a unique union between a man and a woman.
The legal relationships of non-heterosexual persons are therefore not considered marriage; however, they are addressed fairly and with sensitivity in accordance with my opinion.
Churches and hot-button value issues
Finally, let me highlight an overview of the other hot-button value issues that churches reacted strongly to in 2025 and 2026.
These issues include:
- the European Commission’s infringement procedure concerning the amendments of the Constitution of the Slovak Republic effective from 1 November 2025,
- the judgment of the Court of Justice of the European Union on the obligation to recognize same-sex marriages in EU Member States,
- the reaction by the European Commission concerning the use of the Social Fund in connection with abortions in response to the call by the organisation My Choice,
- the constitutional enshrinement of a woman’s right to abortion in France and other initiatives leading toward a human right to abortion,
- the unresolved question in Slovakia of a conflict between the constitutional human-rights protection of the nasciturus, its constitutionally protected value, and a woman’s right to privacy.
16th April 2026, Text presented online (HRWF webinar), Marek Smid
(1) Principles of state neutrality, subventions from the state budget, cooperative model of state – church relations.
(2) 50.000 is 1% of Slovak inhabitants from 5 million.
(3) In Slovakia there are sources of religious freedom and status of churches: international law, law of the EU, constitutional law, statutory law, both normative as well as judicatory, system of bilateral agreements between state and churches.
(4) Smaller religious groups may have their subjectivity and rights based on legally established associations of citizens.
Photo:Prof. Marek Smid
