Introduction to the European Commission for Democracy through Law (Comisión de Venecia)
The European Commission for Democracy through Law, also known as the “Comisión de Venecia,” is an advisory body of the Council of Europe with expertise in issuing opinions for institutional transformation in member countries. Although its members are primarily from Europe, Mexico’s participation makes the Comisión de Venecia’s pronouncements highly relevant for our nation.
Hungary’s Controversial Constitutional Reform of April 14, 2025
In October of the previous year, the Comisión de Venecia analyzed a recent constitutional reform in Hungary, which sparked controversy due to its narrow interpretation of human rights. The reform defined humans as “men or women,” reinforcing a binary understanding of gender based on biological sex. Furthermore, it prioritized children’s right to protection and care over other fundamental rights, except for the right to life.
Key Concerns Raised by the Comisión de Venecia
1. Gender Identity and Right to Change Gender:
The Comisión de Venecia emphasized that the right to identity should not solely depend on one’s sex at birth but also encompass gender identity. This aspect falls under an individual’s private life rights, implying that states must establish swift, transparent, and accessible procedures for gender change. The reform should not serve as a legal basis to prohibit the recognition of a person’s acquired gender identity, nor should it deny trans individuals their right to have their gender identity acknowledged.
2. Absolute Hierarchy of Fundamental Rights:
The Comisión de Venecia pointed out that the reform creates an inflexible hierarchy of fundamental rights by prioritizing children’s protection and care above other human rights. This rigid structure could jeopardize a balanced exercise of rights when children’s interests conflict with other human rights, such as those of individuals belonging to the LGBTI community. Such an approach contradicts democratic principles of equality, pluralism, and tolerance.
3. Derechos de Nacionalidad y Ciudadanía:
The Comisión de Venecia reminded member states of various international standards related to nationality and citizenship. It advised limiting the suspension of citizenship, not resulting from a criminal conviction, to specific situations. Moreover, the Comisión stressed that regulations governing such suspension processes must respect individuals’ rights to be heard, receive a motivated decision, and access judicial review. The Comisión also recommended the possibility of a suspensory measure against citizenship suspension decisions.
Relevance for Mexico and the Broader Human Rights Landscape
The Comisión de Venecia’s legal corpus serves as an indispensable reference for understanding the international human rights landscape. As Mexico is part of this Commission, its pronouncements on constitutional reforms and human rights standards hold significant value for our nation’s ongoing efforts to strengthen constitutional democracies.
Key Questions and Answers
- What is the European Commission for Democracy through Law (Comisión de Venecia)? It is an advisory body of the Council of Europe that provides expert opinions for institutional transformation in member countries, including Mexico.
- What was the controversial aspect of Hungary’s constitutional reform? The reform narrowly defined humans as “men or women,” reinforcing a binary understanding of gender and prioritizing children’s rights over other fundamental human rights.
- What concerns did the Comisión de Venecia raise regarding gender identity? The Comisión emphasized that states must establish accessible procedures for gender change and that the reform should not prohibit the recognition of a person’s acquired gender identity.
- How did the Comisión de Venecia address the hierarchy of fundamental rights in Hungary’s reform? The Comisión pointed out that the rigid hierarchy could jeopardize balanced rights exercise when children’s interests conflict with other human rights, such as those of LGBTI individuals.
- What recommendations did the Comisión de Venecia provide regarding nationality and citizenship? The Comisión advised limiting citizenship suspension to specific situations, ensuring due process rights for affected individuals, and considering suspensory measures against citizenship suspension decisions.
