 | You can helpexpand this article with text translated fromthe corresponding article in Serbian. (October 2022)Click [show] for important translation instructions.
|
LGBTQ rights inSerbia | |
|---|---|
.svg) Location ofSerbia (green) –Kosovo (light green) on the European continent (dark grey) | |
| Legal status | Legal nationwide since 1994, age of consent equalized in 2006 |
| Gender identity | Transgender people allowed to change legal gender, without any surgery[1][2] |
| Military | Lesbians, gays and bisexuals allowed to serve openly |
| Discrimination protections | Sexual orientation, gender identity and sex characteristics protections (see below) |
| Family rights | |
| Recognition of relationships | No recognition of same-sex relationships |
| Restrictions | Same-sex marriage constitutionally banned |
| Adoption | Same-sex couples not allowed to adopt |
Lesbian, gay, bisexual, and transgender (LGBT) people inSerbia face significant challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in Serbia, and discrimination on the basis ofsexual orientation is banned in areas such as employment, education, media, and the provision of goods and services, amongst others. Nevertheless, households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.
In May 2014,Amnesty International identified Serbia as one of a number of countries where there is a marked lack of will to tacklehomophobia andtransphobia, noting that public authorities had repeatedly bannedpride marches on the basis of violent threats from homophobic groups. They had also failed to protect LGBT individuals and organizations from discrimination, including verbal and social media threats and physical attacks.[3][4] TheBelgrade Pride successfully took place in September 2014 inBelgrade.[5] Since then, successful pride parades have been held every year, withlocal mayors and some government ministers regularly attending.[6] In 2024, the associationILGA-Europe ranked Serbia 27th in terms of LGBT rights out of 49 observedEuropean countries.
In June 2017,Ana Brnabić became thePrime Minister of Serbia, as the first woman and first openly gay person to hold the office, and the second female LGBT head of government overall (afterJóhanna Sigurðardóttir ofIceland). She was also the first Serbian Prime Minister to attend a pride parade. On 20 March 2024, she was electedpresident of the National Assembly of Serbia, leaving her Prime Minister position.
Although religious laws existed prohibiting same-sex love and relationships, expressions were common in both Orthodox Christian and Islamic society.[7][8][9] The primary expression of same-sex love for Orthodox Christians were brotherhood unions known as "Pobratimstvo" (Adelphopoiesis).[10][11] The early nineteenth century saw a time of relative turmoil for Serbia, with sporadic periods of stability. In 1804,Serbia gained its autonomy from the Ottoman Empire following two uprisings.Karađorđe's Criminal Code (Карађорђев криминални законик) was subsequently promulgated by the Serbian Jurisprudential Council (Praviteljstvujušči sovjet serbski) sometime in late spring or early summer 1807, and remained in force until 7 October 1813, when theOttoman Empire re-gained control of Serbia.[12] The Code penalised certain issues related to marital life and sexuality (such as forced marriage, rape, separation/divorce without the approval of a clerical court, and infanticide). It did not, however, mention same-sex sexual activity; and so homosexuality became effectively legal for a period of six years.
In 1858, theOttoman Empire, of which Serbia was nominally avassal,legalized same-sex sexual intercourse.[13]
However, the progressive reforms introduced byPrince Alexander Karađorđević andPrince Mihailo were overturned whenMiloš Obrenović returned to power. In the first post-medieval Criminal Code of thePrincipality of Serbia, named "Kaznitelni zakon" (Penalty Act), adopted in 1860, sexual intercourse "against the order of nature" between males became punishable by from 6 months' to 4 years' imprisonment. Like in many other countries' legal documents of the time, lesbian sexuality was ignored and not mentioned.[14][15]
In 1918, Serbia became a part of theKingdom of Yugoslavia. At first, the new state effectively inherited the different laws that applied to the different territories that joined together (often contradictory). Eventually, the new Yugoslav Criminal Code of 1929 banned "lewdness against the order of nature" (anal intercourse) between both heterosexuals and homosexuals.
TheSocialist Federal Republic of Yugoslavia restricted the offence in 1959 to only apply to homosexual anal intercourse, and the maximum sentence was reduced from 2 to 1 year's imprisonment.[13]
In 1977, same-sex sexual intercourse was legalized in theSocialist Autonomous Province of Vojvodina, while male same-sex sexual intercourse remained illegal in the rest of theSocialist Republic of Serbia (including theSocialist Autonomous Province of Kosovo). In 1990,Vojvodina was reincorporated into the legal system of Serbia, and male homosexuality once again become a criminal offence.[16][17]
In 1994, male homosexual sexual intercourse was officially decriminalised in theRepublic of Serbia, a part of theFederal Republic of Yugoslavia, though amendment of subsection 1 of article 110 (act against order of nature) of the then Criminal Code, which effectively restrained the offence to only acts done under force or coercion. At the same time, subsection 4, which set a ban on male same-sex acts for men ages 14 to 18, with a prison sentence of up to one year, was added. Thus, theage of consent was set at 18 years for anal intercourse between males and 14 for other sexual practices. An equal age of consent of 14 was introduced on 1 January 2006 with the current Criminal Code, regardless of sexual orientation or gender.[17]
Whilesame-sex couples have never been recognized by law, the new Serbian Constitution adopted in November 2006, explicitly defines marriage as being between a man and a woman (Article 62).[18] However, other forms of recognition, such ascivil unions or domestic partnerships, are not explicitly mentioned nor prohibited.
In June 2019, plans were announced to legalise domestic partnerships between same-sex couples by amending the Civil Code. Same-sex couples would be able to enjoy several legal rights, including joint property and alimony. They would not be granted inheritance or adoption rights, nor undergo surrogacy arrangements. The legislation remains pending. In July 2019, a lesbian couple, Jelena Dubović and Sunčica Kopunović, from the northern city ofNovi Sad, attempted to register a civil partnership at the municipal registrar's office, but were turned away. They filed a lawsuit, though legal experts believe it is unlikely that they will win the case.[19][20][21][22]
In November 2020, Minister for Human and Minority Rights and Social DialogueGordana Čomić announced that the Law on same-sex partnerships will be in parliament in the first half of 2021.[23] The draft law was presented for public consultation in February 2021 but was rejected by the Serbian parliament.[24][25]
Same-sex couples cannot legally adopt. In early 2019, the Serbian Ministry of Health imposed a ban on those with a "history of homosexual relations during the last five years" from donating reproductive cells forartificial insemination orin vitro fertilisation.[26]
On 23 April 2021, the Ministry of Health deleted the provision which determines the donor of reproductive cells forartificial insemination orin vitro fertilisation cannot be a person with a "history" of homosexual relations.[27]
Until 2002,Serbia had no legal protections specifically aimed atLGBTQ rights.
In 2002, theNational Assembly approved theBroadcasting Act (Serbian:Закон о радиодифузији,Zakon o radiodifuziji) which prohibits Serbian broadcasting agencies from spreading information encouraging discrimination, hate and violence based on sexual orientation (among other categories).[28]
In 2005, through a change in theLabor Act (Serbian:Закон о раду,Zakon o radu), discrimination based on sexual orientation in employment was banned. That same year, Parliament approved theAct on Higher Education (Serbian:Закон о високом образовању,Zakon o visokom obrazovanju), which guarantees equal rights regardless of sexual orientation in those institutions (among other categories).
On 26 March 2009, Parliament approved a unified anti-discrimination law, known as theAnti-Discrimination Act of 2009 (Serbian:закон о забрани дискриминације,Zakon o zabrani diskiminacije), which prohibits, among other categories, discrimination on the basis of sexual orientation and transgender status in all areas.[29] The law specifically defines discrimination as follows:[30]
the terms "discrimination" and "discriminatory treatment" shall be used to designate any unwarranted discrimination or unequal treatment, that is to say, [omission] in relation to individuals or groups, as well as members of their families or persons close to them, be it overt or covert, on the grounds of race, skin colour, ancestors, citizenship, national affiliation or ethnic origin, language, religious or political beliefs, gender, gender identity, sexual orientation, financial position, birth, genetic characteristics, health, disability, marital and family status, previous convictions, age, appearance, membership in political, trade union and other organisations and other real or presumed personal characteristics
On 5 July 2011, the Parliament approved a youth act, prohibiting discrimination on the ground of sexual orientation. The law regulates measures and activities undertaken by local governments at improving the social status of youth and creating conditions for addressing their needs and interests.[31]
Since 2003, there has been legislation (part of theInformation Act (Serbian:Закон о јавном информисању,Zakon o javnom informisanju)) specifically in place to counter verbal discrimination based on sexual orientation within the media. The same prohibition formed part of theBroadcasting Act adopted in 2002; however, it was never effectively observed, with the Radiodiffusion Agency (an independent government agency) having failed to take any action against offenders. More widely, theAnti-Discrimination Act of 2009 prohibits hate speech on the basis of sexual orientation across wider Serbia society.[32] With the adoption of the new amendments to theAnti-Discrimination Act in 2021, sex characteristics were included as a basis for prohibition of discrimination which makes Serbia the second country in the region to do so.[33]
On 24 December 2012, the Serbian Parliament approved changes to the Penal Code to introduce the concept of a "hate crime", including on the basis of sexual orientation and gender identity.[34] The first conviction under the law came in 2018.[35]
On 28 July 2011, the Parliament approved a change in theHealth Insurance Act (Serbian:Закон о здравственом осигурању,Zakon o zdravstvenom osiguranju), based on which sex change surgeries became partially covered by the statewide basic medical insurance plan, beginning in 2012.[36]
In 2012,The New York Times describedBelgrade as a hub for sex reassignment surgery, as prices for such procedures were far lower than in neighbouring and Western countries.[37]
Before 2019, transgender people in Serbia were allowed to change their legal gender only after having undergonesex reassignment surgery. Since 2019, it has been possible to change legal gender with a confirmation from a psychiatrist and an endocrinologist after a year ofhormone replacement therapy, without undergoing any surgical procedure.[1][2] Government-financed health insurance covers up to 65% of the surgery, while the remainder is financed by the patient. According to Jovanka Todorović, a program coordinator at Gayten-LGBT, about 80% of Serbian transgender people are not willing to go through surgery. Some choose to have hormone replacement therapy, which is not financed by health insurance. In addition, a reported 90% of LGBT individuals in Serbia argue that medical institutions are not adequately responding to their needs.[37]
In 2010, the Serbian Army agreed that gay and bisexual men and women may openly serve in the professional army, but that news was not broadcast widely across media.[citation needed]
Many LGBT organizations have been founded in Serbia, especially inBelgrade andNovi Sad, though also inNiš,Kragujevac,Subotica,Šabac andZrenjanin.[38]
The first known LGBT organization in Serbia, Arkadija, was founded in 1990 in Belgrade. It shut down in 1995. That same year, Labris was established.[39] Over the years, Labris has become one of Serbia's most prominent LGBT advocacy groups, regularly meeting with local government officials to discuss discrimination and violence prevention, raising awareness of LGBT rights through educational campaigns and public events, and campaigning for increased legal rights for same-sex couples.
Other groups include Gayten LGBT, founded in 2000 in Belgrade,[40] Gay Straight Alliance (Gej Strejt Alijansa), based in Belgrade,[41] Association Duga (Asocijacija Duga), based inŠabac and the region,[42] and Belgrade Pride (Beograd Prajd), established in 2011.[43]
LGBT Vojvodina, Novi Sad Lesbian Organization,[44] and LGBT Novi Sad are among several groups working in the northern region of Serbia,Vojvodina.
GOOSI, based in Belgrade, advocates on behalf and campaigns in favor of LGBT people with disabilities.[38]
Gays andlesbians continue to face discrimination and harassment in Serbia. The majority of Serbian people retain strong attitudes against homosexuality. There have been numerous instances of violent gay-bashing, the most extreme during the first Belgrade Gay Pride in 2001.
Several pride events have had to be cancelled.Pride Day celebrations inBelgrade in 2004, and another inNovi Sad in 2007, were cancelled because of the inability to provide adequate safety against violence due to resource constraints. The 2009 Belgrade Pride was also cancelled for similar reasons, as police could not guarantee the safety of the participants.[45] The Second Belgrade Pride parade went ahead on 10 October 2010, with the participation of around a thousand people. However, it was met with violent reaction culminating in theBelgrade anti-gay riot attended by 6,000 anti-gay protesters and extreme nationalist group members.
Official medical textbooks that classify homosexuality under "sexual deviations and disorders" were in circulation and widely used. After several requests to do so, the Serbian Medical Society finally stated that same-sex orientation is not a disease in an official letter to Labris, a Serbian LGBT organization, in 2008. Homosexuality has been removed from the official list of diseases since 1997, when Serbia started applyingICD-10.[46][47]
The protection of LGBT people in Serbia is further complicated by the existence of various nationalist and neo-Nazi associations like "Obraz", "1389" and "Stormfront", which are supported by some right-wing political parties. These groups have, on several occasions, made their threats to LGBT people publicly known though the media, and the police are increasingly reacting to deter such threats publicly.
The development of LGBT rights and culture in Serbia is supported by LGBT sites such as GayEcho and Gay-Serbia and the oldest Adriatic LGBT Activism mailing list in the region.
In August 2016,Ana Brnabić was appointed Minister of Public Administration and Local State Governments, becoming the first openly lesbian minister in Serbia. In June 2017, Serbian PresidentAleksandar Vučić appointed Brnabić to be thePrime Minister. She was sworn in on 29 June 2017. Her appointment received criticism and opposition from both left-wing and right-wing groups. Left-wing groups accused Brnabić of being a "puppet" to the President and that her sexual orientation would serve as a cover-up for human rights abuses. Right-groups opposed her nomination because of her sexual orientation.[48]
In 2017, a prominent Serbian LGBT activist, Boban Stojanović, received asylum inCanada after documenting approximately 1,000 different pages of violence directed at him and his partner. In an interview in April 2018, Stojanović's partner said the violence put a lot of pressure on them, compelling the couple to leave Serbia.[49]
In September 2017, Prime Minister Brnabić took part in the pride parade inBelgrade.[50] At the event, Brnabić said:
The government is here for all citizens and will secure the respect of rights for all citizens.
In February 2019, Milica Đurđić, Brnabić's partner, gave birth to a son named Igor. According toAgence France-Presse, "Ana Brnabić is one of the first prime ministers whose partner has given birth while in office... and the first in the world in a same-sex couple".[51]
On 17 May 2019, on the occasion ofInternational Day Against Homophobia, Transphobia and Biphobia, several hundred people gathered in the center ofNovi Sad for what was described as the northern Serbian city's first gay pride rally. The event was organized by the local nongovernmental group, Exit, with the support of city officials.[52]
TheU.S. Agency for International Development funded programs in 2014 and 2023-2024 to encourage Serbian companies to employ LGBT people, to support economic independence for individuals and economic growth in general.[53][54]
In September 2022,Belgrade hostedEuroPride, a pan-European event hosted in a different city every year, and dedicated to LGBT pride.[55] In doing so, Belgrade became the first city in Southeast Europe and the first outside theEuropean Economic Area (EEA) to host the event, which featured a variety of concerts, conferences, and parades.[56] Over ten thousand people attended, becoming the largest Pride event ever held in Serbia.[57]
According to the Commissioner for the Protection of Equality, research carried out in 2012 showed that 48% of Serbs believed that homosexuality is an illness.[58]
According to a 2017 poll carried out byILGA, 59% of Serbians agreed that gay, lesbian and bisexual people should enjoy the same rights as straight people, while 24% disagreed. Additionally, 64% agreed that they should be protected from workplace discrimination. 21% said that people who are in same-sex relationships should be charged as criminals, while 55% disagreed. As for transgender people, 63% agreed that they should have the same rights, 65% believed they should be protected from employment discrimination and 51% believed they should be allowed to change their legal gender.[59] Additionally, a majority of Serbians would accept an LGBT neighbour.
According to 2018 data from the Equal Rights Association, 26 percent of the country's population would cease contact with a person if they learned that person was LGBT, 38 percent of population believed that homosexuality was a disease, 48 percent of parents would seek medical treatment for their LGBT child, 70 percent opposed the right of an LGBT person to inherit the property of their deceased partner, and 90 percent opposed child adoption by LGBT person.[60]
According to 2017 data from the research conducted byCentre E8, 44.0% of females agree that same-sex marriage should be legal (14.8% totally agree and 29.2% agree) while 38.2% oppose (15.0% totally oppose and 23.2 oppose). At the same time, 32.6% of male respondents agree that same-sex marriage should be legal (12.8% totally agree and 19.6% agree) while 50.8% oppose (26.2% totally oppose and 24.6% oppose).[61]
According to 2021 data byCivil Rights Defenders, while support for same-sex marriage remains low (26%), when broken down into individual rights anticipated to be regulated by the Law on Same Sex Union, there is widespread support for each right (59%–73%). 80% of citizens believe LGBTI+ persons should have at least some rights anticipated to be regulated by the Law on Same Sex Union, the second highest among allWestern Balkan countries (after Montenegro, which adopted legislation on same-sex registered partnerships in 2020). In the case of almost every right, support is significantly higher among younger (18–29) and university-educated respondents fromBelgrade andVojvodina. Attitudes towards almost all issues related to the LGBTI+ community have remarkably improved in Serbia over the past 5 years. While improvements have been noted, the research shows homophobia is still prevalent on several major accounts across society, such as that 57% believe homosexuality is a disease.Over 2/3 of responds believe peacefulPride marches should be allowed to take place in Belgrade.[62]
According to a 2022 survey by theWorld Values Survey, 65% of Serbians disagreed with the statement "homosexual couples are as good parents as other couples". The same survey found that 62% of Serbians "would not like to have homosexuals as neighbors".[63]
| Same-sex sexual activity legal |  (Since 1994, nationwide) |
| Equalage of consent (14) | (Since 2006) |
| Anti-discrimination laws in employment | (Since 2005) |
| Anti-discrimination laws in the provision of goods and services | (Since 2009) |
| Anti-discrimination laws in all other areas | (Since 2009) |
| Anti-discrimination laws in the media | (Since 2002) |
| Hate crime laws include sexual orientation and gender identity | (Since 2012) |
| Discrimination based on sex characteristics prohibited | (Since 2021) |
| Same-sex marriages |  (Constitutional ban since 2006) |
| Same-sexcivil unions | |
| Recognition ofsame-sex couples | |
| Stepchild adoption bysame-sex couples | |
| Joint adoption bysame-sex couples | |
| Gays, lesbians and bisexuals allowed to serve in the military | (Since 2005) |
| Right to change legal gender | (Surgery not required) |
| Access toIVF for lesbian couples | (Since 2021) |
| Automatic parenthood for both spouses after birth | |
| Homosexuality declassified as an illness | (Since 1997)[46][47] |
| Conversion therapy banned on minors | |
| Commercial surrogacy for gay male couples | (Banned for heterosexual couples as well) |
| MSMs allowed to donate blood | / (6 months deferral period) |
{{cite book}}: CS1 maint: location missing publisher (link)USAID provided $1.5 million to a group called Grupa Izadji, which focuses on creating opportunities for young LGBTQ people. Aleksa Savić, executive director of Grupa Izadji, said in an email that the goal "was to raise the perception among employers and the broader Serbian public that the economic engagement of all individuals, including LGBTQI+ persons, yields positive effects for the economy and creates better conditions for economic growth and development."
