- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✖ Banned
- Censorship
- ✔ No censorship
- Changing Gender
- ✖ Legal, but requires medical diagnosis
- Gender-Affirming Care
- ✖ Legal, but restricted for minors
- 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
- Intersex Infant Surgery
- ✖ Not banned
- Military
- ✔ Legal
- Donating Blood
- ✖ Banned (6-month deferral)
- Conversion Therapy
- ✖ Not banned
- Age of Consent
- ✔ Equal
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Public Opinion
Recent studies in Serbia have revealed a prevalence of resistance towards LGBTQ+ rights.
OPPOSE
SUPPORT
History
Homosexual activity in Serbia is legal.
Current status
Since Jul 22, 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.
Consensual sex between two men was punishable by up to one year in prison.
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.
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.
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.
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.
Paragraph 285: for unnatural fornication between persons, the perpetrator shall be punished with strict imprisonment, unless the act turns into a more serious crime.
Male illegal, female legal
Same-sex marriage in Serbia is banned.
Current status
Since Nov 8, 2006
Banned
There is a constitutional ban on same-sex marriages in Serbia. Article 62 of the Serbian Constitution reads: "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.
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.
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.
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.
Legal, but requires surgery
The first sex change operation in Serbia was performed in 1989 by prof. Dr. Sava Perović, the founder of this branch of medicine in Serbia.
The first case of legal gender change was recorded on June 5, 1992, when the Municipal Secretariat for the General Administration of the Municipality of Savski Venac in Belgrade issued a decision approving the correction of the registered gender "from female to male" for a female person in the birth register.
The first case of legal gender change was recorded on June 5, 1992, when the Municipal Secretariat for the General Administration of the Municipality of Savski Venac in Belgrade issued a decision approving the correction of the registered gender "from female to male" for a female person in the birth register.
Gender-affirming care in Serbia is legal, but restricted for minors.
Legal recognition of non-binary gender in Serbia is not legally recognized.
Current status
Not legally recognized
Not currently recognized in Serbia.
LGBT discrimination in Serbia is illegal.
Current status
Since Apr 7, 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.
Also, the 2006 Constitution prohibits discrimination in general but it does not mention sexual orientation or gender identity.
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.
Sexual orientation only
Aricle 18 of the 2005 Labour Law prohibits employment discrimination. Sexual orientation is one of explicitly mentioned grounds.
Ambiguous
Article 12 of the 2001 Labour Law prohibited discrimination in employment but did not mention sexual orientation or gender identity.
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.
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.
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.
Ambiguous
The Constitution of Serbia prohibits discrimination on any ground. However, it does not explicitly mention sexual orientation or gender identity.
Until Nov 7, 2006
No protections
Before this date there was no protection against discrimination in Housing in Serbian legislation.
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 single persons (regardless of sexual orientation or gender identity) cannot adopt a child.
(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 single persons (regardless of sexual orientation or gender identity) cannot adopt a child.
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).
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.
Intersex infant surgery in Serbia is not banned.
Current status
Not banned
In Serbia, there is no official ban on unnecessary sex reassignment operations in infants. Reportedly, such interventions have been avoided in recent years.
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 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").
In 2010, the Serbian Army officially announced that there is no discrimination in the 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").
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.
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.
An affirmative answer meant an automatic lifetime ban on donating blood for the donor.
Conversion therapy in Serbia is not banned.
Current status
Not banned federal law
Conversion therapy is legal and widespread in Serbia.
LGBT Rights by District
View the LGBT laws in each individual district of Serbia.
- Borski okrug
- Braničevski okrug
- Jablanički okrug
- Južnobački okrug
- Južnobanatski okrug
- Kolubarski okrug
- Kosovski okrug
- Kosovsko-Mitrovački okrug
- Kosovsko-Pomoravski okrug
- Mačvanski okrug
- Moravički okrug
- Nišavski okrug
- Pećki okrug
- Pirotski okrug
- Podunavski okrug
- Pomoravski okrug
- Prizrenski okrug
- Pčinjski okrug
- Rasinski okrug
- Raška okrug
- Severnobanatski okrug
- Severnobački okrug
- Srednjebanatski okrug
- Sremski okrug
- Toplièki okrug
- Zajeèarski okrug
- Zapadnobaèki okrug
- Zlatiborski okrug
- Šumadijski okrug
- Belgrade (City)
Equality Rank
#96
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