Serbia LGBT Laws

As at February 2006, the Criminal Code [L1.1] provided –

Chapter 18 Sexual Offences

Sexual Intercourse with a Child
Article 180 –

(1) Whoever has sexual intercourse or commits an equal act against a child (Chapter 12. Article 112 (8): A child is a person under 14 years of age), shall be punished with imprisonment from one to ten years.

(2) If the offence specified in paragraph 1 of this Article results in grievous bodily harm of the child against whom the act was committed or if the act is committed by several persons or the act resulted in pregnancy, the offender shall be punished with imprisonment from two to twelve years.

(3) If death of the child results due to the offence specified in paragraphs 1 and 2 of this Article, the offender shall be punished with imprisonment from five to eighteen years.

(4) An offender shall not be punished for the offence specified in paragraph 1 of this Article if there is no considerable difference between the offender and the child in respect of their mental and physical development.” [L1.1]

The Code came into force 01 January 2006

In November 2008, ILGA reported that Serbia had a higher age of consent provisions for same-sex relations than for heterosexual relations [R1.2].

In 1997, Serbia-Montenegro allowed artificial insemination treatment for women in a same-sex relationship [R1.1].

On 27 September 2013, it was reported that for the 3rd year the Serbian authorities have decided to ban Belgrade Pride March due to have taken place on 28 September [R1.1].

On 29 May 2013, the Serbian Parliament reportedly would consider a draft law on 04 June to give the right of inheritance and hospital visitation rights to same-sex partners who live in a long-term union [R1.1].

On 13 March 2009, the National Assembly voted by a narrow majority to adopt the anti-discrimination law, officially banning acts of discrimination on the basis of sexual orientation, among other grounds [R1.1].

The relevant articles are –

Article 20: Discrimination on the grounds of gender

Discrimination shall be considered to occur in the case of conduct contrary to the principle of the equality of the genders; that is to say, the principle of observing the equal rights and freedoms of women and men in the political, economic, cultural and other aspects of public, professional, private and family life.

It is forbidden to deny rights or to grant privileges, be it publicly or covertly, pertaining to gender or gender change. It is forbidden to practise physical violence, exploitation, express hatred, disparagement, blackmail and harassment pertaining to gender, as well as to publicly advocate, support and practise conduct in keeping with prejudices, customs and other social models of behaviour based on the idea of gender inferiority or superiority; that is, the stereotyped roles of the genders.

Article 21: Discrimination on the grounds of sexual orientation

Sexual orientation shall be a private matter, and no one may be called to publicly declare his/her sexual orientation.

Everyone shall have the right to declare his/her sexual orientation, and discriminatory treatment on account of such a declaration shall be forbidden.

In March 2010, the Gay Straight Alliance reported that gays and lesbians in Serbia faced violence, abuse and discrimination and that the government is failing to protect their rights. In addition, prosecutors and courts showed “extreme slowness and inefficiency” in discrimination cases [R1.2].

In 2005, discrimination in employment based on sexual orientation became unlawful [R1.3].

On 09 January 2013, in the first verdict against anti-gay discrimination in the workplace, the Court of Appeals in Novi Sad ruled that Dario K. used the term ‘faggot’ against the plaintiff M.A., in a ‘negative, humiliating, disparaging and insulting manner’, ordering the man, to pay the 25 year-old gay plaintiff 180,000 dinars (about €1,700) for causing moral damages and violating his personal rights, reputation and honour. Dario K. will also have to pay the Gay Straight Alliance (GSA) the body that represented the plaintiff, 99,000 dinars (about €850) for covering the court costs [R2.1].

On 29 May 2013, the Serbian Parliament reportedly would consider a draft law on 04 June to give the right of inheritance and hospital visitation rights to same-sex partners who live in a long-term union [R1.1].

On 13 March 2009, the National Assembly voted by a narrow majority to adopt the anti-discrimination law, officially banning acts of discrimination on the basis of sexual orientation, among other grounds [R1.1].

The relevant article is –

Article 20: Discrimination on the grounds of gender

Discrimination shall be considered to occur in the case of conduct contrary to the principle of the equality of the genders; that is to say, the principle of observing the equal rights and freedoms of women and men in the political, economic, cultural and other aspects of public, professional, private and family life.

It is forbidden to deny rights or to grant privileges, be it publicly or covertly, pertaining to gender or gender change. It is forbidden to practise physical violence, exploitation, express hatred, disparagement, blackmail and harassment pertaining to gender, as well as to publicly advocate, support and practise conduct in keeping with prejudices, customs and other social models of behaviour based on the idea of gender inferiority or superiority; that is, the stereotyped roles of the genders.

Homosexuality in Serbia was decriminalised in 1994 [R1.1].

The Serbian Constitution defines marriage as union between man and woman [R1.1].

Constitution of the Republic of Serbia [L1.1]

Right to enter into marriage and equality of spouses. Article 62

Everyone shall have the right to decide freely on entering or dissolving a marriage.
Marriage shall be entered into based on the free consent of man and woman before the state body.
Contracting, duration or dissolution of marriage shall be based on the equality of man and woman.
Marriage, marital and family relations shall be regulated by the law.

Extramarital community shall be equal with marriage, in accordance with the law.

In January 2011, the Gay-Lesbian Info Center (GLIC) NGO reportedly asked for the Serbian Constitution to be changed to include a new definition of marriage, to allow for same-sex marriage [R1.1].

Serbia prohibits openly gay, lesbian and bisexuals from serving in the army [R1.1].