Laws

MACEDONIA

Limited information only available for these topics

Access to Children
Adoption of Children
Age of Consent
Anti-Vilification
Artifical Insemination
Assisted Reproduction
Asylum / Refugees
  Civil Unions
Custody of Children
Discrimination
Fostering Children
Gender Identity
Harassment
Hate Crimes
  HIV/Aids
Homosexuality
Immigration
Inheritance
In Vitro Fertilisation (IVF)
Marriage
Military
  Partners
Parenting
Property
Sodomy
Transgender, Transsexual
Violence
Wrongful Death

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Age of Consent Legislation/Cases/References
1.

National

Consensual sex between same-sex couples is lawful at eighteen (18) years.

The Criminal Code [L1.2] provides -

Article 122

(22) … A child victim of a criminal offence shall imply a "juvenile", under 18 years of age.

Article 188

(1) A person, who commits statutory rape or some other sexual act upon a child shall be punished with imprisonment of six months to five years. [Amended 2004] [L1.1].

Article 192

(1) A person who procures a juvenile to sexual acts shall be punished with imprisonment of at least eight years.

(2) A person who enables the performing of sexual acts with a juvenile shall be punished with imprisonment of at least five years.

L1.2 LegislationOnLine: Criminal Code (Accessed 23 OCT 12)
L1.2 LegislationOnLine: Criminal Code of the Republic of Macedonia (Accessed 23 OCT 12)
Discrimination Legislation/Cases/References
1.

National

In November 2010, a petition signed by 28 local NGOs and university professors to be sent to the Culture Ministry, sought changes in the wording of school textbooks that portray homosexuality as an illness and as deviant behavior [R1.4].

On 08 April 2010, discrimination based on sexual orientation was controversially not included in the new anti-discrimination law passed in the Macedonian parliament [R1.3].

On 29 January 2010, the Government announced a revised proposal for anti-discrimination legislation that will not explicitly refer to sexual orientation in the list of covered grounds [R1.2].

As of September 2008, discriminatory attitudes persist and exist at all levels, and legal safeguards are insufficient [R1.1].

There were limited specific legal protection provisions available for discrimination on the basis of sexual orientation but not on the basis of gender identity [R1.1].

R1.4 Balkan Insight: Changes Demanded to Macedonia's Anti-Gay Textbooks 15 NOV 10
R1.3 Balkan Insight: Skopje MPs Adopt Anti-Discrimination Law 09 APR 10
R1.2 Ukgaynews.org.uk: Macedonia Backtracks on Protection from Discrimination for Gays and Transgender People 29 JAN 10
R1.1 PinkNews.co.uk: Macedonia Should Recognise Same-sex Couples Says Rights Commissioner 12 SEP 08

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Hate Crimes Legislation/Cases/References
1.

National

As of September 2008, there was no hate crimes law in Macedonia [R1.1].

R1.1 PinkNews.co.uk: Macedonia Should Recognise Same-sex Couples Says Rights Commissioner 12 SEP 08
Homosexuality, Sodomy Legislation/Cases/References
See also: [DISCRIMINATION]
1.

National

On 01 November 1996, consensual sex between same-sex couples became lawful [R1.1].

R1.1 ILGA: State-Sponsored Homophobia PDF 382.87kb, 14 MAY 08
Marriage Legislation/Cases/References
1.

National

On 21 January 2015, the Parliament approved 72-4 a constitutional amendment defining marriage as a 'life union solely of one woman and one man'. The measure still needs an additional parliamentary vote and presidential approval and if it passes, a two-thirds majority in parliament would be required to overturn it [R1.5].

On 31 December 2014 (query), the Macedonian Parliament reportedly approved of a proposed bill to define marriage specifically as “a union between an man and a woman”. The government is to draft the amendment within ten days, and present it to the parliament [R1.4].

On 16 July 2014, the Parliament began the process of approving a constitutional ban on same-sex marriage, with lawmakers agreeing to consider amendments put forward by government MPs [R1.3].

On 24 September 2013, an amendment to alter Macedonia's constitution to define marriage as only between a man and a woman was defeated. In order to amend the constitution 79 Macedonian Members of Parliament (MPs) out of 123 must vote in its favour, but only 47 voted supported it, with 26 against and 12 abstaining [R1.2].

In December 2010, the heads of the five main faiths in Macedonia launched an initiative to add an amendment to the constitution defining marriage as a union exclusively of one man and one woman and banning gay couples from adoption. The changes were reportedly to be formally submitted to parliament by the end of January 2011. In order to pass, two-thirds of legislators must endorse them [R1.1].

R1.5 GayStarNews: Macedonia bans gay marriage 21 JAN 15
R1.4 PinkNews: Macedonia to ban same-sex marriage 06 JAN !%
R1.3 GayStarNews: Macedonia is preparing a constitutional ban on same-sex marriage 17 JUL 14
R1.2 HuffingtonPost: Macedonia Fails to Amend Constitution Against Gay Marriage 25 SEP 13
R1.1 BalkanInsight: Macedonia Activists Oppose Anti-Gay Constitution Change 13 JAN 11
Military Legislation/Cases/References
1.

National

As of September 2008, the law on military service had been amended and took out the prohibition for homosexuals to serve [R1.1].

R1.1 PinkNews.co.uk: Macedonia Should Recognise Same-sex Couples Says Rights Commissioner 12 SEP 08

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