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Recognition of same-sex unions in North Macedonia

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Part of the LGBTQ rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
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North Macedonia does not recognize same-sex marriages or civil unions. A constitutional amendment to ban same-sex marriage failed in 2015.

Civil unions

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North Macedonia does not recognize civil unions (Macedonian: граѓанско партнерство,[1] graǵansko partnerstvo, pronounced [ˈɡraɟanskɔ ˈpartnɛrstvɔ]; Albanian: bashkim civil, pronounced [baʃˈkim tsiˈvil])[a] which would offer same-sex couples a subset of the rights, benefits and responsibilities of marriage. However, North Macedonia is obliged under the European Court of Human Rights' ruling in Fedotova and Others v. Russia to provide legal recognition to same-sex unions. In January 2023, the Grand Chamber ruled that Article 8 of the European Convention on Human Rights, which guarantees a right to private and family life, places a positive obligation on all member states of the Council of Europe to recognize same-sex partnerships.[3]

Same-sex marriage

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Laws regarding same-sex partnerships in Europe¹
  Marriage
  Civil union
  Limited domestic recognition (cohabitation)
  Limited foreign recognition (residency rights)
  Unrecognized
  Constitution limits marriage to opposite-sex couples
¹ May include recent laws or court decisions that have not yet entered into effect.

Background

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There is no legal recognition of same-sex relationships in North Macedonia. The Law on Family (Macedonian: Закон за семејството,[4] Zakon za semejstvoto; Albanian: Ligji për familjen) defines marriage as "a living community of a man and a woman regulated by law."[5] Article 15 of the Law on Family also states that "a marriage may be stipulated by two persons of different gender with a freely expressed will before a competent authority, in a manner stipulated by this law."[6]

Attempts to pass constitutional ban

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The Constitution of North Macedonia does not expressly prohibit same-sex marriages. Article 40 states:[7]

The legal relations in marriage, the family and cohabitation are regulated by law.[b]

In September 2013, a proposed constitutional amendment to define marriage as a union between "a man and a woman" failed to meet the required two-thirds majority in the Assembly of North Macedonia.[10]

In late June 2014, the re-elected ruling party, VMRO-DPMNE, once again submitted a bill, this time hoping that the Democratic Party of Albanians (DPA) would provide the additional votes needed to pass it.[11] On 9 January 2015, the parliamentary committee on constitutional issues approved the amendment prohibiting same-sex marriage. On 20 January, the amendment was approved in Parliament by 72 votes to 4.[12] "Today's vote is another addition to discrimination, violence and intolerance on the basis of sexual orientation or gender identity in North Macedonia", said a spokesman for Amnesty International.[13] A final vote was required for the amendment to be added to the Constitution. This final parliamentary session was commenced on 26 January but never concluded, as the ruling coalition did not obtain the two-thirds majority required. Eventually, the amendment failed, and the Constitution was not modified to prohibit same-sex marriages.[14] Activist Antonio Mihajlov criticized the proposed amendment, telling 24Vesti that "gay marriages are often used for political discussions, as a topic to gain political points and to draw attention from important topics such as corruption, unemployment and crime".[15]

Public opinion

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A 2015 National Democratic Institute (NDI) poll showed that 2% of Macedonians considered same-sex marriages "completely acceptable" and 7% considered it "mainly acceptable", while 89% of respondents considered it "unacceptable" (11% "mainly unacceptable" and 78% "completely unacceptable").[16] A December 2022 Ipsos survey showed that 20% of Macedonians considered same-sex marriage "acceptable" (10% "completely" and 10% "mainly"), while 78% considered it "unacceptable" (69% "completely" and 9% "mainly"). With regard to special rights, 49% of respondents supported the right of same-sex couples to receive survivor pension benefits in case of the partner's death.[17]

See also

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Notes

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  1. ^ In North Macedonia's national minority languages:
  2. ^ Macedonian: Правните односи во бракот, семејството и вонбрачната заедница се уредуваат со закон.[8]
    Albanian: Marrëdhëniet juridike në martesë, familje dhe bashkësinë jashtëmartesore rregullohen me ligj.[9]

References

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  1. ^ "Промоција на прирачник за јавно-граѓанско партнерство по повод 10 години постоење на КСП „Центар Јадро"". Radiomof.mk (in Macedonian). 6 December 2022.
  2. ^ "Eşcinsel çiftler medeni birliktelik kurma hakkı kazandılar". Council of Europe (in Turkish). 2013.
  3. ^ "ECtHR: refusal of any form of legal recognition and protection for same-sex couples breaches Convention". EU Law Live. 17 January 2023.
  4. ^ "Закон за семејството" (PDF). mtsp.gov.mk (in Macedonian). Retrieved 21 May 2024.
  5. ^ "The Family Law" (PDF). Archived from the original (PDF) on 4 March 2016. Retrieved February 28, 2021.
  6. ^ "Law on Family 1992/80" (PDF). jafbase.fr. Retrieved 8 May 2023.
  7. ^ "Constitution of the Republic of North Macedonia" (PDF). Vlada.mk. Retrieved 8 May 2023.
  8. ^ "Устав на Република Северна Македонија" (PDF). www.sobranie.mk (in Macedonian). Retrieved 8 May 2023.
  9. ^ "Kushtetuta e Republikës së Maqedonisë së Veriut" (PDF). www.sobranie.mk (in Albanian). Retrieved 8 May 2023.
  10. ^ "Macedonia rejects amending constitution to define marriage as one man, one woman". LGBTQ Nation. 25 September 2013. Archived from the original on 15 January 2019. Retrieved 25 September 2013.
  11. ^ "Macedonia Moves to Rule Out Same-Sex Marriage". Balkan Insight. 1 July 2014.
  12. ^ Lavers, Michael K. (21 January 2015). "Macedonian lawmakers approve same-sex marriage ban". Washington Blade. Retrieved 2 March 2015.
  13. ^ "Macedonia: Same-sex marriage ban will entrench discrimination". Amnesty International. 20 January 2015.
  14. ^ "MACEDONIA". LGBTI Equal Rights Association for Western Balkans and Turkey. May 16, 2016. Retrieved February 28, 2021.
  15. ^ Shabani, Lirim (2015). "The topic of same-sex marriage is used for political gains in Macedonia". telegrafi. Retrieved 25 November 2024.
  16. ^ "LGBTI Public Opinion Poll Western Balkans NDI.pdf" (PDF). NDI. 2015.
  17. ^ "Attitudes towards LGBTIQ+ people in the Western Balkans" (PDF). ERA – LGBTI Equal Rights Association for the Western Balkans and Turke. June 2023.
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