Homosexuality
    ✔ Legal
    Gay Marriage
    ✖ Banned
    Censorship
    ✔ No censorship
    Changing Gender
    ✖ Legal, but requires medical diagnosis
    Non-binary gender recognition
    ✖ Not legally recognized
    Discrimination
    ✔ Illegal
    Employment Discrimination
    ✔ Sexual orientation and gender identity
    Housing Discrimination
    ✔ Sexual orientation and gender identity
    Adoption
    ✖ Illegal
    Military
    ✔ Legal
    Donating Blood
    ✖ Banned (6-month deferral)
    Conversion Therapy
    ✖ Not banned
    Age of Consent
    ✔ Equal
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Public opinion polls in particular regions of Serbia have found that homophobic beliefs persist.

Serbia Surveys

Orthodox Christian Support for Church's Position of Refusing to Perform Same-Sex Marriage

82%
Support
14%
oppose

History

Homosexual activity in Serbia

?

Homosexual activity in Serbia is legal.

Current status
Since Jul 22, 1994
Legal
On July 14, 1994, Serbian parliament repealed paragraph 3 of article 110 of Criminal Code and thus decriminalized male homosexuality.
The whole term and criminal act called "Unnatural fornication" was completely removed from Criminal Code in 2005.
Added by vviet93  ·  0 accurate votes  ·  Report Error  ·  Log
Oct 15, 1989–Jul 21, 1994
Male illegal, female legal
After the constitutional amendments in Serbia were adopted in March 1989 and Serbia regained sovereignty in its provinces (Vojvodina and Kosovo & Metohija), the criminal code of (Central) Serbia became valid in the entire territory of Serbia.
Consensual sex between two men was punishable by up to one year in prison.
Added by Aleksandar  ·  0 accurate votes  ·  Report Error  ·  Log
Jul 1, 1977–Oct 14, 1989
Varies by Region
On June 28, 1977, the Socialist Republic of Serbia and its two socialist autonomous provinces—Vojvodina and Kosovo—passed separate Criminal Laws that treated the issue of male homosexuality differently. In (Central) Serbia (Article 110, Paragraph 3) and Kosovo (Article 81, Paragraph 3) "unnatural fornication" between persons of the male sex was punishable by imprisonment for up to one year. In Vojvodina (Article 75, paragraph 3 is missing) there was no criminalization of consensual sex between men.
Added by Aleksandar  ·  0 accurate votes  ·  Report Error  ·  Log
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.
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 by one year.
Added by Aleksandar  ·  0 accurate votes  ·  Report Error  ·  Log
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.
Added by Aleksandar  ·  0 accurate votes  ·  Report Error  ·  Log
May 12, 1860–Dec 31, 1929
Male illegal, female legal
The Penal Code of the Principality of Serbia (Kingdom of Serbia as of Martch 7, 1882) 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.
Added by Aleksandar  ·  0 accurate votes  ·  Report Error  ·  Log

Same-sex marriage in Serbia

?

Same-sex marriage in Serbia is banned.

Current status
Since Nov 8, 2006
Banned
There is constitutional ban on same-sex marriages in Serbia.
Article 62: "Marriage is concluded on the basis of the freely given consent of man and woman..."
Other forms of recognition, such as civil unions or domestic partnerships are not explicitly mentioned nor prohibited.
The law on same-sex unions has been pending since 2021.
Added by matkoglibota  ·  0 accurate votes  ·  Report Error  ·  Log
Jul 22, 1994–Nov 7, 2006
Unrecognized
There was no definition of marriage in the 1990 Constitution.
Article 29: "Marriage and marriage & family relations are regulated by law"

Law on Marriage and Family Relations from 1980, article 26: "Marriage is a union of life between husband and wife regulated by law".
Added by Aleksandar  ·  0 accurate votes  ·  Report Error  ·  Log
Until Jul 21, 1994
Banned
Consensual homosexual intercourse between men was illegal before 1994.
Added by Aleksandar  ·  0 accurate votes  ·  Report Error  ·  Log

Censorship of LGBT Issues in Serbia

?

Censorship of LGBT Issues in Serbia is no censorship.

Current status
No censorship
In Serbia, there are no laws restricting the discussion or promotion of LGBTQ+ topics.

However, in October 2022, the Ministry of Education and the Expert Commissions decided to review seven biology textbooks in which "disputable contents of LGBT propaganda" were allegedly found.
Added by equaldex  ·  0 accurate votes  ·  Report Error  ·  Log

Right to change legal gender in Serbia

?

Right to change legal gender in Serbia is legal, but requires medical diagnosis.

Current status
Since Jan 1, 2019
Legal, but requires medical diagnosis
Requires at least 1 year of hormone therapy. A person must have medical documentation that includes a psychiatrist's report after one year of monitoring, as well as endocrinologist's report after hormonal therapy.
Added by fsfdsf  ·  1 accurate vote  ·  Report Error  ·  Log
Until Jan 1, 2019
Legal, but requires surgery
-
Sources:
rts.rs/page/stories/sr/stor…�tvo/1404604/Zakonske+peripetije+posle+promene+pola.html
Added by matkoglibota  ·  0 accurate votes  ·  Report Error  ·  Log

Legal recognition of non-binary gender in Serbia

?

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

Current status
Not legally recognized
Not currently recognized in Serbia.
Added by Notdog1996  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT discrimination in Serbia

?

LGBT discrimination in Serbia is illegal.

Current status
Since Apr 7, 2009
Illegal
On 26 March 2009, Serbian parliament approved a unified anti-discrimination law, known as the Prohibition of Discrimination Act of 2009, which prohibits, among other categories, discrimination on the basis of sexual orientation, gender identity and sex characteristics in all areas.
Added by matkoglibota  ·  0 accurate votes  ·  Report Error  ·  Log
Jul 27, 2002–Apr 6, 2009
Illegal in some contexts
Before the adoption of the Anti-Discrimination law in 2009, several laws prohibited discrimination based on sexual orientation: - broadcasting law (2002), article 21; - law on public information (2003), aticle 38; - labour law (2005), article 18; - law on higher education (2005), article 8.
Also, the 2006 Constitution prohibits discrimination in general but it does not mention sexual orientation or gender identity.
Added by Aleksandar  ·  0 accurate votes  ·  Report Error  ·  Log
Until Jul 26, 2002
No protections
Until 2002, Serbia had no legal protections specifically aimed at LGBT rights.
Added by Aleksandar  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT employment discrimination in Serbia

?

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

Current status
Since Apr 7, 2009
Sexual orientation and gender identity
Article 16 of the Anti-Discrimination Law from 2009 bans labour discrimination. Discrimination is prohibited on basis of sexual orientation, gender identity and sex characteristics among others.
Added by matkoglibota  ·  1 accurate vote  ·  Report Error  ·  Log
Mar 23, 2005–Apr 6, 2009
Sexual orientation only
Aricle 18 of the 2005 Labour Law prohibits employment discrimination. Sexual orientation is one of explicitly mentioned grounds.
Added by Aleksandar  ·  0 accurate votes  ·  Report Error  ·  Log
Dec 21, 2001–Mar 22, 2005
Ambiguous
Article 12 of the 2001 Labour Law prohibited discrimination in employment but did not mention sexual orientation or gender identity.
Added by Aleksandar  ·  0 accurate votes  ·  Report Error  ·  Log
Until Dec 20, 2001
No protections
Before this date there was no protection of the LGBT population from discrimination in employment in the Serbian legislature.
Added by Aleksandar  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT housing discrimination in Serbia

?

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

Current status
Since Jun 1, 2021
Sexual orientation and gender identity
New article 27a "Discrimination in Housing" was added to the Law on Prohibition of Discrimination.
Added by Aleksandar  ·  0 accurate votes  ·  Report Error  ·  Log
Apr 7, 2009–May 31, 2021
Ambiguous
The Law on Prohibition of Discrimination from 2009 prohibits discrimination in all areas, but there was no specific article dealing with Housing during this period.
Added by Ausyk  ·  1 accurate vote  ·  Report Error  ·  Log
Nov 8, 2006–Apr 6, 2009
Ambiguous
The Constitution of Serbia prohibits discrimination on any ground. However, it does not explicitly mention sexual orientation or gender identity.
Added by Aleksandar  ·  0 accurate votes  ·  Report Error  ·  Log
Until Nov 7, 2006
No protections
Before this date there was no protection against discrimination in Housing in Serbian legislation.
Added by Aleksandar  ·  0 accurate votes  ·  Report Error  ·  Log

Same-sex adoption in Serbia

?

Same-sex adoption in Serbia is illegal.

Current status
Since Jul 1, 2005
Illegal
According to article 101 of the current Family law in Serbia, adoptive parents can be:
(1) spouses or common-law partners together
(2) the spouse or common-law partner of the child's parent
(3) exceptionally, with the permission of the cabinet minister responsible for families, a person who lives alone if particulary justified reasons exist for doing so

This practically means that no single person (regardless of sexual orientation or gender identity) can adopt a child.
Added by JohnQuebec98  ·  0 accurate votes  ·  Report Error  ·  Log
Jan 1, 1981–Jun 30, 2005
Illegal
The Law on Marriage and Family Relations adopted on June 5, 1980 also recognized two categories of adoption: "incomplete adoption" and "full adoption". In the first case, adoptive parents could be both individuals and married partners (Article 157). In the second case, adoptive parents are married partners, and exceptionally unmarried persons if there are justified reasons for that (Article 191).
Added by Aleksandar  ·  0 accurate votes  ·  Report Error  ·  Log
May 15, 1976–Dec 31, 1980
Illegal
The Law on Adoption, adopted on May 7, 1976, for the first time introduces two categories of adoption: "incomplete adoption" and "full adoption". In the first case, adoptive parents could be both individuals and married partners. In the second case, adoptive parents are exclusively married partners.
Added by Aleksandar  ·  0 accurate votes  ·  Report Error  ·  Log
Apr 19, 1947–May 14, 1976
Single only
The Law on Adoption passed on April 1, 1947 (including the amendments from 1965) allowed only "incomplete adoption" where the adopted child was not granted all the rights of a legitimate child. Adopters could be both individuals and spouses.
Added by Aleksandar  ·  0 accurate votes  ·  Report Error  ·  Log

Serving openly in military in Serbia

?

Serving openly in military in Serbia is legal.

Current status
Since Jan 1, 2008
Legal
Article 13 of the Law on the Serbian Army from 2007 prohibits privileging or depriving members of the Army of their rights or duties, especially because of race, religion, gender, national affiliation, origin, or some other personal characteristic.
In 2010, the Serbian Army officially announced that there is no discrimination in the Serbian Army on any basis, including sexual orientation.
In 2014, trans woman Major Helena sued the military after she was forcefully retired due to coming out as trans. In 2015, the Minister of Defense denied that there was discrimination in the Serbian Army and at the same time apologized to transgender Major Helena for, as he said, an administrative error in the decision on her retirement ("an established diagnosis that can cause harmful consequences for the reputation of the Serbian Army").
Added by matkoglibota  ·  0 accurate votes  ·  Report Error  ·  Log

Blood donations by MSMs in Serbia

?

Blood donations by MSMs in Serbia is banned (6-month deferral).

Current status
Since Jan 1, 2007
Banned (6-month deferral)
Individuals who have engaged in anal sex (regardless of gender) have a 6 months deferral.
Added by matkoglibota  ·  1 accurate vote  ·  Report Error  ·  Log
Until Dec 31, 2006
Banned (indefinite deferral)
The questionnaire for blood donors had a discriminating question: Have you ever had sexual intercourse with a person of the same sex?
An affirmative answer meant an automatic lifetime ban on donating blood for the donor.
Added by Aleksandar  ·  0 accurate votes  ·  Report Error  ·  Log

Conversion therapy in Serbia

?

Conversion therapy in Serbia is not banned.

Current status
Not banned
Not criminalized.
Added by Ausyk  ·  1 accurate vote  ·  Report Error  ·  Log

Equal age of consent in Serbia

?

Equal age of consent in Serbia is equal.

Current status
Since Jan 1, 2006
Equal
With new Criminal Code from 2005 the edge of consent of 14 years became equal for everyone.
Added by matkoglibota  ·  0 accurate votes  ·  Report Error  ·  Log
Jul 22, 1994–Dec 31, 2005
Unequal
The age of sexual consent was 18 years old for anal intercourse between two men and 14 years for other sexual practices.
Added by Aleksandar  ·  0 accurate votes  ·  Report Error  ·  Log
Until Jul 21, 1994
N/A
Consensual anal sex between two men was illegal before 1994 in Serbia.
Added by Aleksandar  ·  0 accurate votes  ·  Report Error  ·  Log