Is love equal before the law? Same-sex relationships in the Serbian legal framework

Mihajlović, Aleksandar and Muminović, Emina and Vasilić, Veronika (2021) Is love equal before the law? Same-sex relationships in the Serbian legal framework. Civil Rights Defenders.

Text A.Mihajlović_PolicyPaper_CRD.PDF - Published Version Available under License Creative Commons Attribution Non-commercial No Derivatives. Download (3MB)

Abstract

The purpose of this policy paper is to advocate for the improvement of the position of the LGBTIQ1 community in Serbia through the legal recognition of same-sex relationships, by approaching decisionmakers, precisely, the Serbian government, the newly established Ministry of Human and Minority Rights and Social Dialogue (MHMRSD) and other relevant stakeholders, as well as the Delegation of the European Union to the Republic of Serbia. Only in collaboration with the relevant authorities, the Republic of Serbia (RS) will fully follow its international human rights obligations and ensure legal status to same-sex couples. The comparative legal analysis shows the existence of varieties of legal models which provide the legal recognition of same-sex relationships, depending on the socio-cultural background of each country introducing such laws. We decided to focus, first, on the international legal framework which is the source of the clear obligation of the RS to introduce this law, through the analysis of the judgement Oliari and Others v Italy, where the European Court of Human Rights (ECtHR) has established the legal precedent regarding the necessity of the recognition of same-sex relationships within the Council of Europe (CoE) member states; and, second, on the comparative analysis of Croatia and Montenegro, which passed laws regarding the legal recognition of same-sex couples. The emphasis on these two countries is significant because both share the similar legal tradition, culture, religion, language, and patriarchal characteristics of societies with Serbia, and both did such legal changes successfully, while Serbia is still struggling to do so. The policy paper also provides a detailed list of recommendations for Serbian authorities. The successful implementation of recommendations would improve the protection of the LGBTIQ community and tackle discrimination based on sexual orientation, which is still very persistent in the country. We separated recommendations into the three groups, based on the three branches of power (the executive, legislative and judiciary), which will have the authority to participate in the process of drafting, passing or implementing the law on same-sex relationships. CSOs in Serbia are recognized as a very important partner in these processes which will work with each of the abovementioned stakeholders. The accent is on the Ministry of Human and Minority Rights and Social Dialogue which should propose a draft of the law, as well as other relevant ministries which should propose changes of other relevant laws, thus ensuring the full implementation of the law on the legal recognition of same-sex relationships. The National Assembly has been recognized as very important for the process of debating and holding public hearings through its relevant committees, as well as the judiciary, which will be responsible for resolving different types of disputes in civil or criminal cases potentially related to same-sex relationships

Actions (login required)

View Item