Discrimination Based on Sexual Orientation and the Recognition of Same-Sex Relationships in the Western Balkans. Legal and Economic Analysis

Mihajlović, Aleksandar (2025) Discrimination Based on Sexual Orientation and the Recognition of Same-Sex Relationships in the Western Balkans. Legal and Economic Analysis. EUWEB Legal Essays Global & International Perspectives (1). pp. 68-78. ISSN 2785-5228

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Abstract

The subject of this paper is discrimination based on sexual orientation in relation to the non-recognition of same-sex relationships in the Western Balkans countries through the application of the legal and economic analysis. The aim of this paper is to present to what extent the process of the legal recognition of same-sex relationships has been done until the moment in these countries and how the economic arguments can support the idea of creating more inclusive and equal societies for same-sex couples. The first part of the article will be dealing with an overview of the position of the LGBTI people in the Western Balkans. The second part will be on the comparative legal analysis with an overview of constitutional and legislative prohibition of discrimination based on sexual orientation in the respective countries, followed by an overview of marriage definitions in constitutions and family laws. The third part of the article is focusing on the economic side of the recognition of same-sex relationships. As a methodology framework, the author will implement legal positivism, comparative legal method and economic analysis of legal institutions (law and economic approach).

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