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Recognition of same-sex unions in Serbia

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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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Serbia does not recognize any form of legal recognition for same-sex couples. Same-sex marriage is banned under the Constitution of Serbia adopted in 2006. However, there have been discussions in the National Assembly to legalize civil unions.[1]

Civil unions

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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.

In January 2011, the Ministry of Foreign Affairs gave permission to the British embassy in Belgrade to conduct civil partnership ceremonies between two British citizens or a British citizen and a non-Serbian national. The French embassy in Belgrade also offers civil solidarity pacts to French citizens and their foreign partners.

Attempts to pass civil union legislation

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In May 2013, it was announced that a draft law on same-sex civil partnerships would be introduced to the National Assembly on 4 June. The law would have allowed hospital visitation and inheritance rights for same-sex partners, although it was unknown whether this would be in the form of unregistered cohabitation or registered partnerships.[2] The draft bill stalled and was never voted on.

In June 2019, plans were announced to amend the Civil Code to allow domestic partnerships between same-sex couples, providing some of the legal rights of marriage, including property rights and alimony. However, partners would not have been able to inherit, adopt or access fertility treatments.[3][4][5] In July 2019, a lesbian couple from Novi Sad, Jelena Dubović and Sunčica Kopunović, launched a legal challenge to establish legal recognition for same-sex couples.[6][7]

In November 2020, the Minister for Human and Minority Rights and Social Dialogue, Gordana Čomić, announced that a law on same-sex partnerships would be brought before Parliament in the first half of 2021.[8] The draft law was presented for public consultation in February 2021.[9] In May 2021, President Aleksandar Vučić said he would veto the bill if it were approved by the National Assembly: "I don't know what the Assembly is planning when it comes to the law on same-sex unions. But, as the President of Serbia, I am obliged to protect the Constitution and I cannot sign that law."[10] Čomić responded that the bill does not regulate the institution of marriage nor adoption of children by same-sex couples, but other issues such as hospital visitations and inheritance. Marko Mihailović, the director of Belgrade Pride, said, "We think that it is quite strange that the President of Serbia, who also holds a law degree, raises the issue of the unconstitutionality of the law, which is absolutely not true. This law cannot be unconstitutional because this is not a law on same-sex marriage." Serbia is also obliged under the European Court of Human Rights' ruling in Fedotova and Others v. Russia to provide legal recognition to same-sex couples.[11] Čomić announced in January 2022 that a final version of the bill had been completed, but any progress on the bill was delayed due to the April 2022 elections and lack of political will.[12] Tristan Flesenkemper, the head of the office of the Council of Europe in Belgrade, said that the law would "chang[e] the lives of people in Serbia for the better" and responded to the delay by stating, "To make a real change, it's necessary to have a strong political will and dedication, that will turn it into strong legislature that won't be just passed, but implemented too." If passed, the legislation would establish civil partnerships (Serbian: грађанско партнерство, građansko partnerstvo, pronounced [ɡrâdʑansko pârtnerstʋo])[a] providing some of the legal rights, benefits and responsibilities of marriage.

Same-sex marriage

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Article 62 of the Constitution of Serbia, adopted in 2006 after the dissolution of Serbia and Montenegro, states: "Marriage shall be entered into based on the free consent of man and woman before the state body."[b] The wording has been interpreted as banning same-sex marriage.

In November 2015, former President Boris Tadić expressed his support for same-sex marriage and adoption by same-sex couples.[14]

Public opinion

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A 2020 opinion poll published by the Civil Rights Defenders showed that 73% of Serbians supported hospital visitation rights for same-sex couples, 60% supported health insurance for same-sex partners, 59% supported allowing same-sex partners to inherit each other's assets at death, and 59% supported equal division of property. In total, 80% of Serbians supported granting same-sex couples some legal rights. 26% of respondents supported same-sex marriage, an increase from 11% in 2015.[15][16]

See also

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Notes

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  1. ^ In some regional languages of Serbia:
  2. ^ In Serbian: Brak se zaključuje na osnovu slobodno datog pristanka muškarca i žene pred državnim organom.[13]

References

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  1. ^ Serbian Constitution Archived 2010-11-27 at the Wayback Machine
  2. ^ "Serbia Mulls Offering Rights to Gay Couples". Balkan Insight. 2013-05-03. Retrieved 2014-04-11.
  3. ^ "Gej vanbračnim zajednicama priznaće se imovinska prava". GayEcho. 2019-06-05. Retrieved 2019-06-06.
  4. ^ Petrović, Alekaandra (4 June 2019). "Gej vanbračnim zajednicama priznaće se imovinska prava". politika.rs (in Serbian).
  5. ^ Društvo, Srbija (2 June 2019). "PALA ODLUKA O GEJ BRAKOVIMA: Novi zakon šokiraće Srbe!". pravda.rs (in Serbian).
  6. ^ Savage, Rachel (18 July 2019). "Lesbians launch landmark same-sex partnership case in Serbia". Reuters.
  7. ^ Powys Maurice, Emma (19 July 2019). "Lesbian couple launch landmark gay marriage case in Serbia". PinkNews.
  8. ^ "Čomić: U pripremi zakon o istopolnom partnerstvu". Blic. 30 November 2020. Retrieved 2020-11-30.
  9. ^ "Јавне консултације за израду текста Нацрта закона о истополним заједницама". Јавне расправе. Directorate for eGovernment of the Republic of Serbia. Archived from the original on 8 February 2021. Retrieved 8 February 2021.
  10. ^ "Vučić says he will not sign the same-sex unions law, his justification raises suspicion". European Western Balkans. 6 May 2021.
  11. ^ "ECtHR: refusal of any form of legal recognition and protection for same-sex couples breaches Convention". EU Law Live. 17 January 2023.
  12. ^ "Delay in the adoption of the Law on Same-Sex Unions in Serbia a consequence of lack of political will". European Western Balkans. 24 January 2022.
  13. ^ "Ustav Republike Srbije". paragraf.rs (in Serbian).
  14. ^ "Korigujem stav o gej parovima".
  15. ^ "Attitudes Towards LGBTI+ Rights And Issues in Serbia: 2015 vs 2020" (PDF). Civil Rights Defenders. Retrieved 6 October 2022.
  16. ^ "Serbia is Ready for Law on Same Sex Union, Poll Finds Strong Support for LGBTI+ Rights". Civil Rights Defenders. 2 April 2021.
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