Recognition of same-sex unions in North Macedonia

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North Macedonia does not recognize same-sex marriages or civil unions. A constitutional amendment to ban same-sex marriage failed in 2015.

Contents

Civil unions

North Macedonia does not recognize civil unions (Macedonian : граѓанско партнерство, [1] graǵansko partnerstvo, pronounced [ˈɡraɟanskɔˈpartnɛrstvɔ] ; Albanian : bashkim civil, pronounced [baʃˈkimtsiˈvil] ) [lower-alpha 1] which would offer same-sex couples a subset of the rights, benefits and responsibilities of marriage. However, North Macedonia is obliged under the European Court of Human Rights' ruling in Fedotova and Others v. Russia to provide legal recognition to same-sex unions. In January 2023, the Grand Chamber ruled that Article 8 of the European Convention on Human Rights, which guarantees a right to private and family life, places a positive obligation on all member states of the Council of Europe to recognize same-sex partnerships. [4]

Same-sex marriage

Laws regarding same-sex partnerships in Europe1
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Marriage
Civil union
Limited domestic recognition (cohabitation)
Limited foreign recognition (residency rights)
Unrecognized
Constitution limits marriage to opposite-sex couples
1 May include recent laws or court decisions that have not yet entered into effect.
v
t
e Same-sex marriage map Europe detailed.svg
Laws regarding same-sex partnerships in Europe¹
  Marriage
  Civil union
  Limited domestic recognition (cohabitation)
  Limited foreign recognition (residency rights)
  Unrecognized
  Constitution limits marriage to opposite-sex couples
¹ May include recent laws or court decisions that have not yet entered into effect.

Background

There is no legal recognition of same-sex relationships in North Macedonia. The Law on Family (Macedonian : Закон за семејството, [5] Zakon za semejstvoto; Albanian : Ligji për familjen) defines marriage as "a living community of a man and a woman regulated by law." [6] Article 15 of the Law on Family also states that "a marriage may be stipulated by two persons of different gender with a freely expressed will before a competent authority, in a manner stipulated by this law." [7]

Attempts to pass constitutional ban

The Constitution of North Macedonia does not expressly prohibit same-sex marriages. Article 40 states: [8]

The legal relations in marriage, the family and cohabitation are regulated by law. [lower-alpha 2]

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. [11]

In late June 2014, the re-elected ruling party, VMRO-DPMNE, once again submitted a bill, this time hoping that the Democratic Party of Albanians (DPA) would provide the additional votes needed to pass it. [12] On 9 January 2015, the parliamentary committee on constitutional issues approved the amendment prohibiting same-sex marriage. On 20 January, the amendment was approved in Parliament by 72 votes to 4. [13] "Today's vote is another addition to discrimination, violence and intolerance on the basis of sexual orientation or gender identity in North Macedonia.", said a spokesman for Amnesty International. [14] A final vote was required for the amendment to be added to the Constitution. This final parliamentary session was commenced on 26 January but never concluded, as the ruling coalition did not obtain the two-thirds majority required. Eventually, the amendment failed, and the Constitution was not modified to prohibit same-sex marriages. [15]

Public opinion

A 2015 National Democratic Institute (NDI) poll showed that 2% of Macedonians considered same-sex marriages "completely acceptable" and 7% considered it "mainly acceptable", while 89% of respondents considered it "unacceptable" (11% "mainly unacceptable" and 78% "completely unacceptable"). [16] A December 2022 Ipsos survey showed that 20% of Macedonians considered same-sex marriage "acceptable" (10% "completely" and 10% "mainly"), while 78% considered it "unacceptable" (69% "completely" and 9% "mainly"). With regard to special rights, 49% of respondents supported the right of same-sex couples to receive survivor pension benefits in case of the partner's death. [17]

See also

Notes

  1. In North Macedonia's national minority languages: [2]
  2. Macedonian: Правните односи во бракот, семејството и вонбрачната заедница се уредуваат со закон. [9]
    Albanian: Marrëdhëniet juridike në martesë, familje dhe bashkësinë jashtëmartesore rregullohen me ligj. [10]

Related Research Articles

Romania does not allow same-sex marriage or civil unions. Registered partnerships have been debated in the Parliament of Romania several times since 2008, though no bill on the matter has successfully passed. In May 2023, the European Court of Human Rights ruled that Romania was violating the European Convention on Human Rights by not recognizing same-sex unions. The government appealed the decision to the Grand Chamber in August 2023, but this appeal was rejected on 25 September 2023. Romania is now legally obliged to recognize same-sex unions, and may risk financial sanctions from the Council of Europe if it fails to change the law.

<span class="mw-page-title-main">President of North Macedonia</span> Head of state of North Macedonia

The president of the Republic of North Macedonia is the head of state of North Macedonia.

<span class="mw-page-title-main">Recognition of same-sex unions in Croatia</span>

Croatia recognizes life partnerships for same-sex couples through the Life Partnership Act, making same-sex couples equal to married couples in almost all of its aspects. The Act also recognizes and defines unregistered same-sex relationships as informal life partners, thus making them equal to registered life partnerships after they have been cohabiting for a minimum of 3 years. Croatia first recognized same-sex couples in 2003 through a law on unregistered same-sex unions, which was later replaced by the Life Partnership Act. The Croatian Parliament passed the new law on 15 July 2014, taking effect in two stages. Following a 2013 referendum, the Constitution of Croatia has limited marriage to opposite-sex couples.

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

Lesbian, gay, bisexual, and transgender (LGBT) people in Bulgaria face significant 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.

Latvia has recognised civil unions since 1 July 2024. On 9 November 2023, the Saeima passed legislation establishing same-sex civil unions conferring similar rights and obligations as marriage with the exception of adoption and inheritance rights. The bill was signed into law by President Edgars Rinkēvičs in January 2024, and took effect on 1 July 2024. This followed a ruling from the Constitutional Court of Latvia on 12 November 2020 that the Latvian Constitution entitles same-sex couples to receive the same benefits and protections afforded by Latvian law to married opposite-sex couples, and gave the Saeima until 1 June 2022 to enact a law protecting same-sex couples. In December 2021, the Supreme Court ruled that should the Saeima fail to pass civil union legislation before the 1 June 2022 deadline, same-sex couples may apply to a court to have their relationship recognized. The Saeima failed to meet this deadline, and the first same-sex union was recognized by the Administrative District Court on 30 May 2022.

<span class="mw-page-title-main">LGBTQ 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">LGBTQ rights in Europe</span>

Lesbian, gay, bisexual, and transgender (LGBTQ) rights are widely diverse in Europe per country. 22 of the 38 countries that have legalised same-sex marriage worldwide are situated in Europe. A further 11 European countries have legalised civil unions or other forms of recognition for same-sex couples.

<span class="mw-page-title-main">Languages of North Macedonia</span>

The official language of North Macedonia is Macedonian, while Albanian has co-official status. Macedonian is spoken by roughly two-thirds of the population natively, and as a second language by much of the rest of the population. Albanian is the largest minority language. There are a further five national minority languages: Turkish, Romani, Serbian, Bosnian, and Aromanian. The Macedonian Sign Language is the country's official sign language.

<span class="mw-page-title-main">Constitution of North Macedonia</span> Supreme law of the Republic of North Macedonia

The Constitution of the Republic of North Macedonia is a codified constitution outlining North Macedonia's system of government and basic human rights. It was adopted in the Parliament of the then-Republic of Macedonia on 17 November 1991.

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

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) 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 that hold regular pride parades.

<span class="mw-page-title-main">Police of North Macedonia</span> Law enforcement agency

Law enforcement in North Macedonia is the responsibility of the Police of the Republic of North Macedonia.

Bulgaria does not recognize same-sex marriage or civil unions. Though these issues have been discussed frequently over the past few years, no law on the matter has passed the National Assembly. In September 2023, the European Court of Human Rights ordered the government to establish a legal framework recognizing same-sex unions.

Russia does not recognize same-sex marriage or civil unions. Since 2020, the Russian Constitution has explicitly outlawed same-sex marriage. The Family Code of Russia also contains provisions forbidding same-sex marriages, which the Constitutional Court upheld as constitutional in 2006. Opinion polls have shown a decline in support for same-sex marriage in Russia. This declining trend has been attributed to anti-gay state propaganda, the 2013 gay propaganda law in particular, and growing anti-Western and traditionalist sentiment in Russia under Vladimir Putin.

Serbia does not recognize any form of legal recognition for same-sex couples. Same-sex marriage is banned under the Constitution of Serbia adopted in 2006. However, there have been discussions in the National Assembly to legalize civil unions.

Albania does not recognize same-sex marriages or civil unions. A bill to legalize same-sex marriage was introduced to Parliament in 2009 with the support of Prime Minister Sali Berisha, but was never put to a vote.

Moldova does not recognize same-sex marriage or civil unions. The Constitution of Moldova defines marriage as being between "a husband and a wife".

Montenegro has recognised same-sex unions since 15 July 2020. In July 2020, the Parliament of Montenegro passed a bill by 42 votes to 5 to recognise life partnerships offering several, but not all, of the rights and benefits of marriage. The bill was signed into law on 3 July by President Milo Đukanović, took effect on 15 July 2020 and became fully operational one year later. The first life partnership was registered on 25 July 2021.

Ukraine does not recognize same-sex marriage or civil unions. The Constitution of Ukraine defines marriage as between "a woman and a man". The issue of legal recognition for same-sex couples has become particularly acute after the start of Ukraine's accession to the European Union in 2022 and the Russian large-scale invasion of Ukraine during the Russo-Ukrainian War.

<span class="mw-page-title-main">LGBTQ rights in North Macedonia</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in North Macedonia face discrimination and some legal and social challenges not experienced by non-LGBT residents. 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.

<span class="mw-page-title-main">The Left (North Macedonia)</span> Political party in North Macedonia (established in 2015)

The Left is a far-left, nationalist and eurosceptic political party in North Macedonia founded on 14 November 2015. Led by Dimitar Apasiev, a Docent of Law at the Goce Delčev University of Štip, the party is anti-NATO and promotes anti-clericalism, anti-fascism, anti-imperialism, and socialism, sitting on the left wing of the political spectrum. They have a youth wing called Red Youth

References

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  2. "Neutralne ansurimata mashkar mursh murshesa thaj zuvli zuvliasa thaj ansuripe". Government of Sweden (in Romany). Retrieved August 28, 2022.
  3. "Eşcinsel çiftler medeni birliktelik kurma hakkı kazandılar". Council of Europe (in Turkish). 2013.
  4. "ECtHR: refusal of any form of legal recognition and protection for same-sex couples breaches Convention". EU Law Live. 17 January 2023.
  5. "Закон за семејството" (PDF). mtsp.gov.mk (in Macedonian). Retrieved 21 May 2024.
  6. "The Family Law" (PDF). Archived from the original (PDF) on 4 March 2016. Retrieved February 28, 2021.
  7. "Law on Family 1992/80" (PDF). jafbase.fr. Retrieved 8 May 2023.
  8. "Constitution of the Republic of North Macedonia" (PDF). Vlada.mk. Retrieved 8 May 2023.
  9. "Устав на Република Северна Македонија" (PDF). www.sobranie.mk (in Macedonian). Retrieved 8 May 2023.
  10. "Kushtetuta e Republikës së Maqedonisë së Veriut" (PDF). www.sobranie.mk (in Albanian). Retrieved 8 May 2023.
  11. "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.
  12. "Macedonia Moves to Rule Out Same-Sex Marriage". Balkan Insight. 1 July 2014.
  13. Lavers, Michael K. (21 January 2015). "Macedonian lawmakers approve same-sex marriage ban". Washington Blade. Retrieved 2 March 2015.
  14. "Macedonia: Same-sex marriage ban will entrench discrimination". Amnesty International. 20 January 2015.
  15. "MACEDONIA". LGBTI Equal Rights Association for Western Balkans and Turkey. May 16, 2016. Retrieved February 28, 2021.
  16. "LGBTI Public Opinion Poll Western Balkans NDI.pdf" (PDF). NDI. 2015.
  17. "Attitudes towards LGBTIQ+ people in the Western Balkans" (PDF). ERA LGBTI Equal Rights Association for the Western Balkans and Turke. June 2023.