LGBTQ rights in North Macedonia explained

Location Header:North Macedonia
Legal Status:Legal since 1996
Recognition Of Relationships:No recognition of same-sex relationships
Military:Gays, lesbians and bisexuals allowed to serve
Discrimination Protections:Yes

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.

In 2024, ILGA-Europe ranked North Macedonia 31st out of 48 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

See main article: Recognition of same-sex unions in North Macedonia. 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 (mk| Закон за спречување и заштита од дискриминација; sq|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]

See also

External links

Notes and References

  1. Web site: Fecanji . Amarildo . Anti-LGBTQ discrimination harms economies of Serbia, North Macedonia . Washington Blade . 13 October 2023.
  2. Web site: North Macedonia . rainbowmap.ilga-europe.org/ . September 20, 2024.
  3. Web site: Gay Macedonia. https://web.archive.org/web/20120717064727/http://www.globalgayz.com/europe/macedonia/gay-macedonia/. dead. 17 July 2012.
  4. Web site: The Family Law . February 28, 2021 . 4 March 2016 . https://web.archive.org/web/20160304003141/http://www.uvmk.gov.mk/files/zakoni/zakon%20za%20semejstvo.pdf . dead .
  5. News: Macedonia rejects amending constitution to define marriage as one man, one woman. 25 September 2013. LGBTQ Nation. 25 September 2013. https://web.archive.org/web/20190115024818/https://www.lgbtqnation.com/2013/09/macedonia-rejects-amending-constitution-to-define-marriage-as-one-man-one-woman/. 15 January 2019. dead.
  6. News: Macedonia Moves to Rule Out Same-Sex Marriage. 1 July 2014. Balkan Insight.
  7. News: Macedonian lawmakers approve same-sex marriage ban. Lavers. Michael K.. 21 January 2015. Washington Blade. 2 March 2015.
  8. Web site: MACEDONIA . May 16, 2016 . LGBTI Equal Rights Association for Western Balkans and Turkey . February 28, 2021.
  9. Web site: Article about the need for protection of LGBT rights. https://web.archive.org/web/20150120023749/http://coalition.org.mk/2011/04/makedonija-mora-da-gi-zastiti-lgbt-lug/?lang=en. dead. 20 January 2015.
  10. Web site: СОБРАНИЕ НА РЕПУБЛИКА СЕВЕРНА МАКЕДОНИЈА . May 22, 2019 . 2021-02-03.
  11. Web site: North Macedonia's parliament adopts anti-discrimination law . https://web.archive.org/web/20190327090549/http://www.xinhuanet.com/english/2019-03/12/c_137887038.htm . dead . 27 March 2019 . Xinhua News Agency . 12 March 2019.
  12. 1133688416917446656 . 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. . ILGA-Europe . 29 May 2019.
  13. Web site: 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 . May 29, 2020 . ILGA Europe . February 28, 2021.
  14. https://balkaninsight.com/2020/05/18/north-macedonia-activists-protest-as-court-scraps-anti-discrimination-law/ North Macedonia Activists Protest as Court Scraps Anti-Discrimination Law
  15. Web site: North Macedonia Reinstates Anti-Discrimination Law . Marusic . Sinisa Jakov . October 28, 2020 . Balkan Insight . February 28, 2021.
  16. Web site: Kosovo turns its eye on Macedonian transgender rights. Pristina Insight. 31 January 2019.
  17. Web site: Transgender Macedonians Hail 'Turning Point' European Court Ruling. 31 January 2019. Balkan Insight.
  18. Web site: Sinisa Jakov Marusic . Macedonia Gay Rights Record 'Worst in Balkans' . Balkan Insight . 2013-05-03 . 2014-04-11.
  19. Web site: Europe's best country for LGBT travellers. Stuff.co.nz. 22 May 2019.
  20. Web site: First gay pride rally held in North Macedonia. Deutsche Welle. 29 June 2019.
  21. Web site: North Macedonia holds first pride parade. https://web.archive.org/web/20190703182600/https://en.brinkwire.com/news/north-macedonia-hosts-first-pride-parade/. dead. 3 July 2019. Brinkwire. 1 July 2019.
  22. Web site: North Macedonia's Capital Holds First Gay Pride Parade. Radio Free Europe/Radio Liberty. 29 June 2019.
  23. Web site: North Macedonia Capital Hosts First Pride Parade. Balkan Insight. 29 June 2019. Skopje. Marusic. Sinisa-Jakov.
  24. News: Костадин Костадинов влезе во војна со ЛГБТ организациите: Струмица излепена со "пречкртано виножито" . A1 . Orce Kostov =date=21 June 2023 .
  25. https://www.coe.int/t/Commissioner/Source/LGBT/FYROMSociological_E.pdf Sociological Report: "the former Yugoslav Republic of Macedonia"
  26. Web site: Gay Macedonia. https://web.archive.org/web/20090608160419/http://www.globalgayz.com/country/Macedonia/view/MKD/gay-macedonia. dead. 8 June 2009.
  27. Web site: Недела на гордоста во Скопје . https://web.archive.org/web/20130627014501/http://coalition.org.mk/2013/06/nedela-na-gordosta-vo-skopje/ . dead . 27 June 2013 . Macedonian.
  28. Web site: EGAL - Еднаквост за геј и лезбејки . dead . https://web.archive.org/web/20130808143318/https://www.egal.org.mk/default.aspx?pArtID=36 . 2013-08-08 . Macedonian.
  29. Web site: Country Reports on Human Rights Practices for 2019, Macedonia . U.S. Department of State . 2021-03-14.
  30. Web site: 2021-04-28. Владата утврди предлог-закон за признавање на родовиот идентитет на трансродовите лица. 2021-07-22. Радио МОФ. en-US.
  31. Web site: 2021-04-27. 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. 2021-07-22. Влада на Република Северна Македонија. mk.
  32. Web site: Промената на полот во Македонија станува легална. 2021-07-22. Сител Телевизија. mk.
  33. Web site: 2021-05-11. Измените на Законот за матичната евиденција за трансродовите лица во собраниска процедура. 2021-07-22. Академик. mk-MK.
  34. Web site: ПРЕДЛОГ НА ЗАКОН ЗА ИЗМЕНУВАЊЕ И ДОПОЛНУВАЊЕ НА ЗАКОНОТ ЗА МАТИЧНАТА ЕВИДЕНЦИЈА.
  35. Web site: 2017-10-02. ТРАНСРОДОВА ЖЕНА ДОБИ ПРАВО НА ПРОМЕНА НА ОЗНАКАТА ЗА ПОЛ И МАТИЧНИОТ БРОЈ ВО ЛИЧНИТЕ ДОКУМЕНТИ, ВТОРА ВАКВА ОДЛУКА НА УПРАВНИОТ СУД. 2021-07-22. Сакам Да Кажам. mk-MK.
  36. Web site: Шест лица го промениле полот во личните карти iNFOMAX.mk. 4 January 2021 . 2021-07-22. en-US.

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