LGBT rights in North Macedonia

Last updated

LGBT rights in North Macedonia
Europe-Macedonia.svg
Location of North Macedonia (green), with Europe (green + dark grey)
Status Legal since 1996
Military Gays, lesbians and bisexuals allowed to serve
Discrimination protections Yes
Family rights
Recognition of relationships No recognition of same-sex relationships

Lesbian, gay, bisexual, and transgender (LGBT) people in North Macedonia face discrimination and some legal and social challenges not experienced by non-LGBT residents. [1] Both male and female same-sex sexual activity have been legal in North Macedonia since 1996, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.

Contents

In 2019, ILGA-Europe ranked North Macedonia 34th out of 49 European countries in terms of LGBT rights legislation. [2]

Legality of same-sex sexual activity

Homosexuality was outlawed in North Macedonia until 1996, when the country decriminalized sex between people of the same sex as a condition for becoming a member of the Council of Europe. [3]

Recognition of same-sex relationships

There is no legal recognition of same-sex couples. The family law defines marriage as "a union between a man and a woman". [4]

In September 2013, a proposed constitutional amendment to define marriage as a union between a man and a woman failed to meet the required two-thirds majority in the Assembly of North Macedonia. [5] In late June 2014, the re-elected main party once again submitted the bill, this time hoping that the conservative opposition party, the Democratic Party of Albanians (DPA), would provide the additional votes needed to pass. [6]

In January 2015, Parliament voted in favour to constitutionally define marriage as a union solely between a man and a woman. [7] In addition, politicians adopted an amendment to ensure that a two-thirds majority would be necessary to regulate marriage, family and civil unions. Such a majority was previously reserved only for issues such as sovereignty and territorial questions. On 9 January, the parliamentary committee on constitutional issues approved a series of amendments, including the limitation of marriage and the two-thirds majority requirement which was included at the last minute. On 20 January, the amendments were approved in Parliament by 72 votes to 4. In order for these amendments to be added to the Constitution, a final vote was required. This final parliamentary session was commenced on 26 January but never concluded, as the ruling coalition did not obtain the two-thirds majority required. The parliamentary session on the constitutional amendments was in recess until the end of 2015, thus the amendment failed. [8]

Discrimination protections

From 2008 to 2010, LGB individuals were protected from discrimination in the area of employment. In the beginning of 2010, however, while revising the anti-discrimination law, the country's Parliament removed sexual orientation from the list of protected grounds. [9]

In March 2019, with 52 votes in favour and three abstentions, the Parliament adopted a new anti-discrimination law [10] that includes sexual orientation and gender identity, among other grounds. [11] On 22 May, the Law on Prevention of and Protection against Discrimination (Macedonian : Закон за спречување и заштита од дискриминација; Albanian : Ligji për parandalimin dhe mbrojtjen nga diskriminimi) came into effect, after newly elected President Stevo Pendarovski had signed it into law. [12] On 14 May 2020, the Constitutional Court struck down the law on procedural grounds. [13] [14] A similar bill was passed by the Parliament on 27 October 2020. [15]

Gender identity and expression

In January 2019, the European Court of Human Rights (ECHR) ruled that North Macedonia's requirement that transgender people undergo sex reassignment surgery before their gender marker on ID documents can be changed is a violation of human rights. The judgment held that deficiencies in North Macedonia's laws concerning modifying gender on official identification documents infringed the private life of transgender Macedonians. [16] [17]

Living conditions

The gay scene in North Macedonia is very small. There are a few gay-friendly establishments in Skopje and some bars organize "gay nights". The country itself is mainly socially conservative towards homosexuality. [18] There are many reports about public humiliations, worker firings and even casting homosexual teenagers onto the streets due to revelation of their sexual orientations. [3]

In 2019, North Macedonia was ranked the tenth worst European country for LGBT tourists. [19]

On 29 June 2019, an estimated 1,000 people participated in the first Skopje Pride. Some state officials joined the march, including Defense Minister Radmila Šekerinska and Labor and Social Issues Minister Mila Carovska. Several foreign diplomats also attended the march. [20] [21] [22] [23]

In June 2023, Strumica Municipality mayor Kostadin Kostadinov announced the nullification of all memorandums signed with LGBT organizations and that any future such memorandums will be vetoed. [24]

Public opinion

A survey carried out in 2002 by the Center for Civil and Human Rights showed that more than 80% of the people saw homosexuality as "a psychiatric disorder that endangered families". About 65% answered that "being gay is a crime that warranted a jail term." [25]

Women are generally more liberal in their attitudes towards homosexuality than men and rural inhabitants. [26]

LGBT rights organizations

There are three main organizations and a support center working in the area of LGBT rights:

Country Reports on Human Rights Practices for 2019

According to United States' Country Reports on Human Rights Practices for North Macedonia in 2019, the LGBT community is still prejudiced and harassed by the society, media and the authorities despite increasing tolerance. The constitution and law prohibit discrimination based on sexual orientation in housing, employment, nationality laws, and access to government services such as health care, and the government enforced such laws. The report stated: [29]

The LGBTI community remained marginalized, and activists supporting LGBTI rights reported incidents of societal prejudice, including hate speech. The CSO Coalition Margini documented 70 cases of violence against LGBTI individuals, five cases of discrimination, and one case of verbal assault by a police officer during the year. In one case fellow students verbally and physically attacked an LGBTI high school student, resulting in a broken nose. The student reported the case to the principal but chose not to report it to the police. Additionally, Margini noted most cases of violence against LGBTI persons are not reported to police or other institutions. According to the coalition, the Skopje public prosecutor remained ineffective in processing pending cases involving hate speech targeting members of the LGBTI community. On January 17, the European Court of Human Rights (ECHR) found the country violated the privacy rights, as well as the right to appeal, of a transgender person related to the gender change procedure. The court required the government to pay €9,000 ($9,900) in damages to the unnamed applicant. Despite the court ruling, NGOs complained the government failed to recognize gender identity changes in identification documents.

On June 29, the day of the country’s first ever pride parade, approximately 20 persons attacked prominent LGBTI activist Bekim Asani in Skopje. The aggressors chased Asani and six other LGBTI activists down the street, pulled them out of a taxi, beat Asani, and threatened to kill him and the other activists. Police arrested the assailants and opened a criminal investigation.

CSOs noted deficiencies and improved the legislative framework to protect the LGBTI community from discrimination. The Law on Primary Education, adopted in July, introduced antidiscrimination language related to sexual orientation and gender identity. The Law on Prevention and Protection from Discrimination, adopted in May, explicitly forbids discrimination based on sexual orientation and gender identity in all areas. Amendments to the Criminal Code specifically list sexual orientation and gender identity in the section regulating hate speech.

The first Pride Parade took place in June. Police ensured the safety of approximately 2,000 participants that included members of parliament and government ministers. The parade triggered some hate speech on social media.

Summary table

Same-sex sexual activity legal Yes check.svg (Since 1996)
Equal age of consent (14) Yes check.svg (Since 1996)
Anti-discrimination laws in employment only Yes check.svg (Since 2020)
Anti-discrimination laws in the provision of goods and services Yes check.svg (Since 2020)
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) Yes check.svg (Since 2020)
Anti-discrimination laws concerning gender identity Yes check.svg (Since 2020)
Same-sex marriage X mark.svg
Recognition of same-sex couples X mark.svg
Stepchild adoption by same-sex couples X mark.svg
Joint adoption by same-sex couples X mark.svg
Gays, lesbians and bisexuals allowed to serve openly in the military Yes check.svg
Right to change legal gender Yes check.svg [30] [31] [32] [33] [34] [35] [36]
Access to IVF for lesbians X mark.svg
Commercial surrogacy for gay male couples X mark.svg
MSMs allowed to donate blood X mark.svg

See also

Notes

  1. Fecanji, Amarildo. "Anti-LGBTQ discrimination harms economies of Serbia, North Macedonia". Washington Blade. Retrieved 13 October 2023.
  2. "North Macedonia". rainbow-europe.org. Retrieved 28 February 2021.
  3. 1 2 "Gay Macedonia". Archived from the original on 17 July 2012.
  4. "The Family Law" (PDF). Archived from the original (PDF) on 4 March 2016. Retrieved 28 February 2021.
  5. "Macedonia rejects amending constitution to define marriage as one man, one woman". LGBTQ Nation. 25 September 2013. Archived from the original on 15 January 2019. Retrieved 25 September 2013.
  6. "Macedonia Moves to Rule Out Same-Sex Marriage". Balkan Insight. 1 July 2014.
  7. Lavers, Michael K. (21 January 2015). "Macedonian lawmakers approve same-sex marriage ban". Washington Blade. Retrieved 2 March 2015.
  8. "MACEDONIA". LGBTI Equal Rights Association for Western Balkans and Turkey. 16 May 2016. Retrieved 28 February 2021.
  9. "Article about the need for protection of LGBT rights". Archived from the original on 20 January 2015.
  10. "СОБРАНИЕ НА РЕПУБЛИКА СЕВЕРНА МАКЕДОНИЈА" (PDF). 22 May 2019. Retrieved 3 February 2021.
  11. "North Macedonia's parliament adopts anti-discrimination law". Xinhua News Agency. 12 March 2019. Archived from the original on 27 March 2019.
  12. @ILGA-Europe (29 May 2019). "We are thrilled to see that the anti-discrimination law came into effect in #NorthMacedonia after the President signed it on 22 May. Sexual orientation and gender identity are included as protected grounds, which is a result of the #LGBTI movement's efforts for many years" (Tweet) via Twitter.
  13. "ILGA-Europe and ERA joint statement on the Decision of the Constitutional Court of North Macedonia to repeal the Law on Prevention of and Protection against Discrimination". ILGA Europe. 29 May 2020. Retrieved 28 February 2021.
  14. North Macedonia Activists Protest as Court Scraps Anti-Discrimination Law
  15. Marusic, Sinisa Jakov (28 October 2020). "North Macedonia Reinstates Anti-Discrimination Law". Balkan Insight. Retrieved 28 February 2021.
  16. "Kosovo turns its eye on Macedonian transgender rights". Pristina Insight. 31 January 2019.
  17. "Transgender Macedonians Hail 'Turning Point' European Court Ruling". Balkan Insight. 31 January 2019.
  18. Sinisa Jakov Marusic (3 May 2013). "Macedonia Gay Rights Record 'Worst in Balkans'". Balkan Insight. Retrieved 11 April 2014.
  19. "Europe's best country for LGBT travellers". Stuff.co.nz. 22 May 2019.
  20. "First gay pride rally held in North Macedonia". Deutsche Welle. 29 June 2019.
  21. "North Macedonia holds first pride parade". Brinkwire. 1 July 2019. Archived from the original on 3 July 2019.
  22. "North Macedonia's Capital Holds First Gay Pride Parade". Radio Free Europe/Radio Liberty. 29 June 2019.
  23. Marusic, Sinisa-Jakov (29 June 2019). "North Macedonia Capital Hosts First Pride Parade". Balkan Insight. Skopje.
  24. Orce Kostov =date=21 June 2023. "Костадин Костадинов влезе во војна со ЛГБТ организациите: Струмица излепена со "пречкртано виножито"". A1.
  25. Sociological Report: "the former Yugoslav Republic of Macedonia", However, public opinion towards LGBT community reportedly continues to be generally negative. In 2002, the Centre for Civil and Human Rights conducted a representative survey, which revealed that 80% of Macedonians saw homosexuality as a psychiatric disorder which they perceived as a danger to the family. The same survey revealed that 65% of those asked still saw it as a crime.
  26. "Gay Macedonia". Archived from the original on 8 June 2009.
  27. 1 2 "Недела на гордоста во Скопје" (in Macedonian). Archived from the original on 27 June 2013.
  28. "EGAL - Еднаквост за геј и лезбејки" (in Macedonian). Archived from the original on 8 August 2013.
  29. "Country Reports on Human Rights Practices for 2019, Macedonia". U.S. Department of State. Retrieved 14 March 2021.
  30. "Владата утврди предлог-закон за признавање на родовиот идентитет на трансродовите лица". Радио МОФ. 28 April 2021. Retrieved 22 July 2021.
  31. "Од 67 седница на Владата: Забраната за движење наместо од 20:00 ќе важи од 21:00 часот; Нови пунктови за масовна вакцинација во Битола, Охрид, Штип, Кавадарци, Тетово и Куманово". Влада на Република Северна Македонија (in Macedonian). 27 April 2021. Retrieved 22 July 2021.
  32. "Промената на полот во Македонија станува легална". Сител Телевизија (in Macedonian). Retrieved 22 July 2021.
  33. "Измените на Законот за матичната евиденција за трансродовите лица во собраниска процедура". Академик (in Macedonian). 11 May 2021. Retrieved 22 July 2021.
  34. "ПРЕДЛОГ НА ЗАКОН ЗА ИЗМЕНУВАЊЕ И ДОПОЛНУВАЊЕ НА ЗАКОНОТ ЗА МАТИЧНАТА ЕВИДЕНЦИЈА".
  35. "ТРАНСРОДОВА ЖЕНА ДОБИ ПРАВО НА ПРОМЕНА НА ОЗНАКАТА ЗА ПОЛ И МАТИЧНИОТ БРОЈ ВО ЛИЧНИТЕ ДОКУМЕНТИ, ВТОРА ВАКВА ОДЛУКА НА УПРАВНИОТ СУД". Сакам Да Кажам (in Macedonian). 2 October 2017. Retrieved 22 July 2021.
  36. "Шест лица го промениле полот во личните карти | iNFOMAX.mk". 4 January 2021. Retrieved 22 July 2021.

Related Research Articles

<span class="mw-page-title-main">International Lesbian, Gay, Bisexual, Trans and Intersex Association</span> International umbrella organization for LGBTI organizations

The International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) is an organization which is committed to advancing human rights to all people, disregarding gender identity, sex characteristics and expression. ILGA participates in a multitude of agendas within the United Nations, such as creating visibility for LGBTI issues by conducting advocacy and outreach at the Human Rights Council, working with members to help their government improve LGBTI rights, ensuring LGBTI members are not forgotten in international law, and advocating for LBTI women's issues at the Commission on the Status of Women.

<span class="mw-page-title-main">LGBT rights in Hungary</span>

Lesbian, gay, bisexual and transgender (LGBT) people in Hungary face legal and social challenges not experienced by non-LGBT residents. Homosexuality is legal in Hungary for both men and women. Discrimination on the basis of sexual orientation and sex is banned in the country. However, households headed by same-sex couples are not eligible for all of the same legal rights available to heterosexual married couples. Registered partnership for same-sex couples was legalised in 2009, but same-sex marriage remains banned. The Hungarian government has passed legislation that restricts the civil rights of LGBT Hungarians – such as ending legal recognition of transgender Hungarians and banning LGBT content and displays for minors. This trend continues under the Fidesz government of Viktor Orbán. In June 2021, Hungary passed an anti-LGBT law on banning "homosexual and transexual propaganda" effective since July 1. The law has been condemned by seventeen EU countries so far. Also, in July 2021, the EU Commission has started legal action against Hungary and Poland for violations of fundamental rights of LGBTQI people: "Europe will never allow parts of our society to be stigmatized." Russia had similar laws implemented in 2013.

<span class="mw-page-title-main">LGBT rights in Bulgaria</span>

LGBT people in Bulgaria face legal challenges not experienced by non-LGBT residents. Both male and female same-sex relationships are legal in Bulgaria, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples. Discrimination on the basis of sexual orientation has been banned since 2004, with discrimination based on "gender change" being outlawed since 2015. In July 2019, a Bulgarian court recognized a same-sex marriage performed in France in a landmark ruling. For 2020, Bulgaria was ranked 37 of 49 European countries for LGBT rights protection by ILGA-Europe. Like most countries in Central and Eastern Europe, post-Communist Bulgaria holds socially conservative attitudes when it comes to such matters as homosexuality and transgender people.

<span class="mw-page-title-main">LGBT rights in Serbia</span>

Lesbian, gay, bisexual, and transgender (LGBT) persons in Serbia face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in Serbia, and discrimination on the basis of sexual 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.

<span class="mw-page-title-main">LGBT rights in Bosnia and Herzegovina</span>

Lesbian, gay, bisexual, and transgender (LGBT) persons in Bosnia and Herzegovina may face legal challenges not experienced by non-LGBT residents. Both male same-sex sexual activity are legal in Bosnia and Herzegovina. However, households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.

<span class="mw-page-title-main">LGBT rights in Romania</span>

Lesbian, gay, bisexual, and transgender (LGBT) persons in Romania may face legal challenges and discrimination not experienced by non-LGBT residents. Attitudes in Romania are generally conservative, with regard to the rights of gay, lesbian, bisexual, and transgender citizens. Nevertheless, the country has made significant changes in LGBT rights legislation since 2000. In the past two decades, it fully decriminalised homosexuality, introduced and enforced wide-ranging anti-discrimination laws, equalised the age of consent and introduced laws against homophobic hate crimes. Furthermore, LGBT communities have become more visible in recent years, as a result of events such as Bucharest's annual pride parade and Cluj-Napoca's Gay Film Nights festival.

<span class="mw-page-title-main">LGBT rights in Cyprus</span>

Lesbian, gay, bisexual, and transgender (LGBT) persons in Cyprus face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in Cyprus since 1998, and civil unions which grant several of the rights and benefits of marriage have been legal since December 2015. Conversion therapy was banned in Cyprus in May 2023.

<span class="mw-page-title-main">LGBT rights in Albania</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Albania face legal challenges not experienced by non-LGBT residents, although LGBT people are protected under comprehensive anti-discrimination legislation. Both male and female same-gender sexual activities have been legal in Albania since 1995, but households headed by same-sex couples are not eligible for the same legal protections available to opposite-gender couples, with same-sex unions not being recognized in the country in any form.

<span class="mw-page-title-main">LGBT rights in Armenia</span>

Lesbian, gay, bisexual, and transgender (LGBT) persons in Armenia face legal and social challenges not experienced by non-LGBT residents, due in part to the lack of laws prohibiting discrimination on the grounds of sexual orientation and gender identity and in part to prevailing negative attitudes about LGBT persons throughout society.

<span class="mw-page-title-main">LGBT rights in Azerbaijan</span>

LGBT people in Azerbaijan face significant challenges not experienced by non-LGBT residents. Same-sex sexual activity has been legal in Azerbaijan since 1 September 2000. Nonetheless, discrimination on the basis of sexual orientation and gender identity are not banned in the country and same-sex marriage is not recognized.

<span class="mw-page-title-main">LGBT rights in Moldova</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Moldova face legal and social challenges and discrimination not experienced by non-LGBT residents. Households headed by same-sex couples are not eligible for the same rights and benefits as households headed by opposite-sex couples. Same-sex unions are not recognized in the country, so consequently same-sex couples have little to no legal protection. Nevertheless, Moldova bans discrimination based on sexual orientation in the workplace, and same-sex sexual activity has been legal since 1995.

<span class="mw-page-title-main">LGBT rights in Cape Verde</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Cape Verde are afforded greater protections than those in many other African countries. Both male and female same-sex sexual activities are legal in Cape Verde. Additionally, since 2008, employment discrimination on the basis of sexual orientation has been banned, making Cape Verde one of the few African countries to have such protections for LGBT people. Nevertheless, Cape Verde does not recognize same-sex unions or marriages, meaning that same-sex couples may still face legal challenges not experienced by non-LGBT residents. Households headed by same-sex couples are still not eligible for the same legal protections available to opposite-sex couples.

<span class="mw-page-title-main">LGBT rights in Rwanda</span>

Lesbian, gay, bisexual, and transgender (LGBT) people living in Rwanda face legal challenges not experienced by non-LGBT residents. While neither homosexuality nor homosexual acts are illegal, homosexuality is considered a taboo topic, and there is no significant public discussion of this issue in any region of the country and LGBT persons face stigmatization among the broader population. No special legislative protections are afforded to LGBT citizens, and same-sex marriages are not recognized by the state, as the Constitution of Rwanda provides that "[o]nly civil monogamous marriage between a man and a woman is recognized". LGBT Rwandans have reported being harassed, blackmailed, and even arrested by the police under various laws dealing with public order and morality.

<span class="mw-page-title-main">LGBT rights in Eswatini</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in Eswatini are limited. LGBT people face legal challenges not experienced by non-LGBT residents. According to Rock of Hope, a Swati LGBT advocacy group, "there is no legislation recognising LGBTIs or protecting the right to a non-heterosexual orientation and gender identity and as a result [LGBT people] cannot be open about their orientation or gender identity for fear of rejection and discrimination". Homosexuality is illegal in Eswatini, though this law is in practice unenforced. According to the 2021 Human Rights Practices Report from the US Department of State, "there has never been an arrest or prosecution for consensual same-sex conduct."

<span class="mw-page-title-main">LGBT rights in Kosovo</span>

Lesbian, gay, bisexual, transgender (LGBT) rights in Kosovo have improved in recent years, most notably with the adoption of the new Constitution, banning discrimination based on sexual orientation. Kosovo remains one of the few Muslim-majority countries where LGBT pride parades are held annually.

<span class="mw-page-title-main">LGBT rights in Guinea-Bissau</span>

Lesbian, gay, bisexual, and transgender (LGBT) persons in Guinea-Bissau face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Guinea-Bissau, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.

<span class="mw-page-title-main">LGBT rights in East Timor</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in East Timor face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in East Timor, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.

<span class="mw-page-title-main">LGBT rights in Kyrgyzstan</span>

Lesbian, gay, bisexual, and transgender (LGBT) persons in Kyrgyzstan face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in Kyrgyzstan, but same-sex couples and households headed by same-sex couples are ineligible for the same legal protections available to opposite-sex married couples.