Draft of the Law on Civil Partnerships in Serbia

Draft of the Law on Civil Partnerships in Serbia

In early September of this year, the National Assembly of the Republic of Serbia was presented with the Draft Law on Civil Partnership, which aims to legally regulate the union of two adult persons of the same sex for the first time in Serbia. This law seeks to enhance the legal framework for same-sex partnerships by introducing a range of rights and obligations previously reserved for married couples.

The proposed text of the law addresses key life issues such as the right to partner maintenance, their property relations, inheritance, compensation for damages, tax relief, rights in case of illness, rights from pension, health, and social insurance, rights during criminal proceedings and the execution of criminal sanctions, as well as other rights in various areas. Partners could also enjoy rights related to health care, social and pension insurance, including family pension rights, visitation rights in case of illness, and decisions on medical treatment, as well as visits to prisons if one partner is detained. In addition to registered partnerships, the law recognizes non-registered partnerships, applying the provisions relevant to non-marital unions. However, the law does not foresee the possibility of adoption by same-sex partners, as was the case with previous drafts.

In preparing this law, legal solutions from numerous European and non-European countries, as well as international conventions and case law, including the rulings of the European Court of Human Rights, were taken into account. The justification indicates that the Civil Partnership Law represents a step toward improving human rights and strengthening equality for all citizens in Serbia, regardless of sexual orientation. By adopting this law, Serbia would join regional countries such as Slovenia, Croatia, Montenegro, and Greece, which have already legally regulated same-sex partnerships, further reinforcing the fight against discrimination and promoting equality in society.

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