Netherlands >> Serbia, Recommendation, 43rd Session, May 2023

Source of Reference
State under Review
Recommendation
Adopt a comprehensive law on legal gender recognition and secure trans and intersex affirming healthcare, in line with international human rights standards and best practices, as well as adopting the law on same-sex partnership that was finalized in 2021.
Explanation
The recommendation is duly noted in the part relating to adoption of a law on same-sex partnership with the explanation stated in the recommendation 131.49. … The same-sex partnerships have not been legally regulated in the Republic of Serbia, and such legal regulation would imply the systemic resolving of a completely new legal institute, which by all means requires time and serious, systematic and analytical approach. Bearing in mind the new character of this institute and its contents, in respect of which there is no unified practice or standards on the international level, in respect of which the comparative legal solutions are significantly differing, it will be necessary to achieve a broad social consensus with various social subjects in respect of that issue. In addition to that, it is necessary to seriously analyse the effects of such regulations in other spheres of the law and other legal regulations, as well as the scope of their harmonisation, which, taken all together, requires certain time to be done.
Reference type