Laws

SERBIA

Limited information only available for these topics

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

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Age of Consent Legislation/Cases/References
1.

National

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].

L1.1 Legislation Online: Criminal Code PDF 366.63kb, (Accessed 11 JAN 11)
R1.2 ILGA: State-Sponsored Homophobia PDF 109.64kb, NOV 08
Assisted Reproduction Technology
Artificial Insemination, In Vitro Fertilisation, Surrogacy
Legislation/Cases/References
1.

National

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

R1.1 ILGA: State-Sponsored Homophobia PDF 109.64kb, NOV 08
Censorship, Freedom of Expression, Free Speech, Right of Assembly Legislation/Cases/References
1.

National

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].

R1.1 ILGA-Europe: ILGA-Europe condemns the decision of Serbian authorities to ban Belgrade Pride 27 SEP 13
Civil Unions, Partners: Domestic, Registered Legislation/Cases/References
1.

National

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].

R1.1 GayStarNews: Serbia to consider giving gay couples legal rights 29 MAY 13
Discrimination Legislation/Cases/References
1.

National

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].

2.

Courts & Tribunals

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].

R1.1 IGLHRC: Serbia: Anti-Discrimination Law Adopted 29 APR 09
R1.2 Kathimerini (English Ed.): Gay rights not upheld in Serbia 06 MAR 10
R1.3 ILGA: State-Sponsored Homophobia PDF 109.64kb, NOV 08
R2.1 GayStarNews: Landmark pro gay verdict delivered in Serbia court 10 JAN 13

GayLawNet®™ "Exclusive" Sponsorship of this page IS available
Estates, Inheritance, Property, Succession, Wills Legislation/Cases/References
1.

National

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].

R1.1 GayStarNews: Serbia to consider giving gay couples legal rights 29 MAY 13
Gender Identity, Intersex,
Transgender, Transexual

[?]
Legislation/Cases/References
See also: [DISCRIMINATION]
1.

National

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.

R1.1 IGLHRC: Serbia: Anti-Discrimination Law Adopted 29 APR 09
Homosexuality, Sodomy Legislation/Cases/References
See also: [AGE OF CONSENT]
1.

National

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

R1.1 ILGA: State-Sponsored Homophobia PDF 109.64kb, NOV 08
Marriage Legislation/Cases/References
1.

National

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].

L1.1 Serbian Government: II Human and Minority Rights and Freedoms (Accessed 11 JAN 11)
R1.1 B≡92: Gay NGO pushes for same-sex marriage 11 JAN 11
Military Legislation/Cases/References
1.

National

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

R1.1 ILGA: State-Sponsored Homophobia PDF 109.64kb, NOV 08

GayLawNet®™ "Exclusive" Sponsorship of this page IS available