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LGBT Rights in Mitrovica
District

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History

Homosexual activity in Mitrovica

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Homosexual activity in Mitrovica is legal.

Current status
Since Jul 22, 1994
Legal
On July 14, 1994, Parliament of Serbia repealed paragraph 3 of article 110 of Criminal Code and thus decriminalized male homosexuality on its entire territory, including the autonomous provinces of Vojvodina and Kosovo & Metohija.
Since the self-proclaimed independence of 2008, homosexuality has been legal in the Republic of Kosovo.
Details
Sources:
www.lgbti-era.org/content/kosovo
lgbti-era.org/countries/serbia/
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Jul 1, 1977–Jul 21, 1994
Male illegal, female legal
On June 28, 1977, the Socialist autonomous province of Kosovo (as part of SR Serbia in then SFRY) passed Criminal Law that criminalized consentual male homosexuality. "Unnatural fornication" between persons of the male sex was punishable by imprisonment for up to one year (Article 81 (3)).
The same sentence remained after reintegration into the legal system of Serbia in 1989.
Details
Sources:
www.lgbti-era.org/content/kosovo
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Jul 1, 1951–Jun 30, 1977
Male illegal, female legal
The Criminal Code of the Federal People's Republic of Yugoslavia adopted on February 27, 1951 criminalized consensual sexual intercourse between men throughout its territory, including Serbia and its two provinces Vojvodina and Kosovo & Metohija.
Article 186: for unnatural fornication between persons of the male sex, the perpetrator shall be punished with imprisonment for up to two years.
The 1959 amendment reduced the prison sentence to up to one year.
Details
Sources:
www.restitucija.gov.rs/doc/…
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Jan 1, 1930–Jun 30, 1951
Illegal (imprisonment as punishment)
The Criminal Code for the Kingdom of Serbs, Croats and Slovenes (Kingdom of Yugoslavia as of October 3, 1929) adopted on January 27, 1929 criminalized "unnatural fornication" without specifying the definition of the mentioned term.
Paragraph 285: for unnatural fornication between persons, the perpetrator shall be punished with strict imprisonment, unless the act turns into a more serious crime.
Details
Sources:
www.uzzpro.gov.rs/doc/bibli…
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Aug 31, 1913–Dec 31, 1929
Male illegal, female legal
Kosovo Vilayet was incorporated into the Kingdom of Serbia in 1913. The Penal Code of the Kingdom of Serbia passed on March 29, 1860 criminalized sex between men.
Paragraph 206: Unnatural fornication between persons of the male sex to be punished by imprisonment from six months to four years and loss of civil honor.
Details
Sources:
www.uzzpro.gov.rs/doc/bibli…
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Aug 9, 1858–Aug 30, 1913
Legal
In 1858, the Ottoman Empire, then in control of Kosovo, legalized same-sex intercourse.
Details
Sources:
www.lgbti-era.org/content/kosovo
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Same-sex marriage in Mitrovica

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Same-sex marriage in Mitrovica is banned.

Current status
Since Jan 20, 2006
Banned
Article 14 of Kosovo's Family Law in 2006 explicitly defines a marriage as being between two different sexes. The constitution of 2008 does not have definition of marriage, but the 2006 law is still in effect. Despite this, the President of the Constitutional Court said in 2014 that Kosovo de jure allows same-sex marriage but that due to political reasons the issue is unclear.
Details
Sources:
old.kuvendikosoves.org/comm…
mapl.rks-gov.net/wp-content…
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Until Jan 19, 2006
Unrecognized
Until 2006, there was no law explicitly banning same-sex marriage in Kosovo. However, there was also no recognition.
Details
Sources:
old.kuvendikosoves.org/comm…
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Censorship of LGBT issues in Mitrovica

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Censorship of LGBT issues in Mitrovica is no censorship.

Current status
No censorship
No laws or government policy prohibit the free discussion or promotion of LGBT topics or issues.
Details
Sources:
www.state.gov/wp-content/up…
www.state.gov/reports/2023-…
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Right to change legal gender in Mitrovica

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Right to change legal gender in Mitrovica is legal, but requires surgery.

Current status
Since Aug 2, 2019
Legal, but requires surgery
Since 2019, legal gender change in Kosovo is possible but requires sterilisation and surgery. However, even then, the process is not standardised.
Details
Sources:
transrightsmap.tgeu.org/
lgbti-era.org/kosovo-court-…
www.state.gov/reports/2023-…
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Until Aug 2, 2019
Illegal
Until 2019, there was no legal gender recondition provided in Kosovo.
Details
Sources:
www.fandmglobalbarometers.o…
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Gender-affirming care in Mitrovica

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Gender-affirming care in Mitrovica is legal.

Current status
Legal
Gender affirming care is provided in Kosovo but a medical diagnosis is required for access. Funding is also not provided leaving it difficult to access in practice.
Details
Sources:
lgbti-era.org/wp-content/up…
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Legal recognition of non-binary gender in Mitrovica

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Legal recognition of non-binary gender in Mitrovica is not legally recognized.

Current status
Not legally recognized
Neither non-binary gender nor intersex are recognized in Kosovo
Details
Sources:
tgeu.org/trans-rights-europ…
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Hate crime protections in Mitrovica

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Hate crime protections in Mitrovica is sexual orientation and gender identity.

Current status
Since Apr 14, 2019
Sexual orientation and gender identity
In April 2019, the new Criminal Code of Kosovo went into force, with stronger protections for LGBTQ citizens. The law provides additional penalties for the commission of a hate crime motivated by the victim's or victims' sexual orientation or gender identity.
Details
Sources:
web.archive.org/web/2023050…
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LGBT discrimination in Mitrovica

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LGBT discrimination in Mitrovica is illegal.

Current status
Since Jul 11, 2015
Illegal
On May 28, 2015, Parliament of Kosovo passed new Law on Prohibition of Discrimination, which prohibits, among other categories, discrimination on the basis of sexual orientation and gender identity in all areas.
Details
Sources:
equineteurope.org/wp-conten…
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Sep 19, 2004–Jul 10, 2015
Illegal in some contexts
Law on Prohibition of Discrimination adopted on February 19, 2004, prohibited, among other categories, discrimination on the basis of sexual orientation in all areas.
Also, Kosovo Constitution from 2008 prohibits discrimination
based on sexual orientation (Article 24 (2)).
Details
Sources:
old.kuvendikosoves.org/comm…
mapl.rks-gov.net/wp-content…
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LGBT employment discrimination in Mitrovica

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LGBT employment discrimination in Mitrovica is sexual orientation and gender identity.

Current status
Since Jul 11, 2015
Sexual orientation and gender identity
Employment discrimination has been illegal for both sexual orientation and gender identity since the adoption of the Law on Prohibition of Discrimination from 2015 (Article 2).
Details
Sources:
equineteurope.org/wp-conten…
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Sep 19, 2004–Jul 10, 2015
Sexual orientation only
The Law on Prohibition of Discrimination from 2004 prohibited discrimination in Employment on the basis of sexual orientation (Articles 2 and 4).
Details
Sources:
old.kuvendikosoves.org/comm…
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LGBT housing discrimination in Mitrovica

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LGBT housing discrimination in Mitrovica is sexual orientation and gender identity.

Current status
Since Jul 11, 2015
Sexual orientation and gender identity
Housing discrimination has been illegal for both sexual orientation and gender identity since the adoption of the Law on Prohibition of Discrimination from 2015 (Article 2).
Details
Sources:
equineteurope.org/wp-conten…
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Sep 19, 2004–Jul 10, 2015
Sexual orientation only
The Law on Prohibition of Discrimination from 2004 prohibited discrimination in Housing on the basis of sexual orientation (Articles 2 and 4).
Details
Sources:
old.kuvendikosoves.org/comm…
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Same-sex adoption in Mitrovica

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Same-sex adoption in Mitrovica is single only.

Current status
Since Feb 16, 2006
Single only
Joint and stepchild adoption are not legal, but there are no restrictions against single LGBT individuals.
Details
Sources:
old.kuvendikosoves.org/?cid…
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Intersex infant surgery in Mitrovica

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Intersex infant surgery in Mitrovica is not banned.

Current status
Not banned
There is no official ban on unnecessary genital 'normalisation' surgery on intersex infants in Kosovo.
Details
Sources:
rainbowmap.ilga-europe.org/…
outrightinternational.org/o…
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Serving openly in military in Mitrovica

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Serving openly in military in Mitrovica is legal.

Current status
Since 2018
Legal
Since 2018 LGBT, people have been able to serve in the Kosovan military.
Details
Sources:
www.fandmglobalbarometers.o…
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Until 2018
Illegal
Before 2018, it is not believed that LGBT people could serve openly in the Kosovan Military
Details
Sources:
www.fandmglobalbarometers.o…
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Blood donations by MSMs in Mitrovica

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Blood donations by MSMs in Mitrovica is ambiguous.

Current status
Ambiguous
Although Kosovo's blood donation policy does not officially ban men who have sex with men from donating blood, there have been cases of donor centres excluding them in practice.
Details
Sources:
kosovotwopointzero.com/en/b…
old.kuvendikosoves.org/comm…
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Bathroom access in Mitrovica

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Bathroom access in Mitrovica is no explicit protections.

Current status
No explicit protections
Transgender people can legally use public bathrooms in Kosovo because there are no laws or restrictions banning them from doing so.
Details
Sources:
www.fmreview.org/fauchier/
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Conversion therapy in Mitrovica

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Conversion therapy in Mitrovica is not banned.

Current status
Not banned
Conversion therapy is not banned in Kosovo.
Details
Sources:
database.ilga.org/kosovo-lgbti
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Equal age of consent in Mitrovica

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Equal age of consent in Mitrovica is equal.

Current status
Since Apr 6, 2004
Equal
Kosovo has an equal age of consent (16 years) for both heterosexual and homosexual sexual activity.
Details
Sources:
www.icls.de/dokumente/crimi…
www.lgbti-era.org/content/kosovo
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Jul 22, 1994–Apr 5, 2004
Unequal
The age of sexual consent was 18 years old for anal intercourse between men and 14 years for other sexual practices.
Details
Sources:
lgbti-era.org/countries/serbia/
www.lgbti-era.org/content/kosovo
Report error  ·  Log
Equality Index ?
48 / 100
Legal Rights
67 / 100
This region's Equality Index is based on legal rights alone. Please submit survey results that show the public opinion of LGBTQ+ issues in Mitrovica to help improve its accuracy.

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Mitrovica LGBT Organizations

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Common queries:
  • Is it illegal to be gay in Mitrovica?
  • Is homosexuality legal in Mitrovica?
  • Is gay marriage legal in Mitrovica?

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