LGBT rights in Montenegro

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LGBT rights in Montenegro
Location of  LGBT rights in Montenegro  (Green)in Europe  (Dark Grey)  –  [Legend]
Location of  LGBT rights in Montenegro  (Green)

in Europe  (Dark Grey)  –  [Legend]

Same-sex sexual activity legal? Legal since 1977,
age of consent equalized in 1977
Gender identity/expression -
Military service Gays and lesbians allowed to serve
Discrimination protections Sexual orientation and gender identity (see below)
Family rights
Recognition of
relationships
No recognition of same-sex relationships; same-sex marriage banned by the constitution
Adoption No

Lesbian, gay, bisexual, and transgender (LGBT) persons in Montenegro may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in Montenegro. Households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.

Issues

Legality of homosexuality

Montenegro decriminalised same-sex sexual activity in 1977. The age of consent (14) was also equalised in 1977.

Recognition of same-sex relationships

File:Same sex marriage map Europe detailed.svg
Laws regarding same-sex partnerships in Europe
  Marriage
  Foreign marriages recognized
  Other type of partnership
  Unregistered cohabitation
  Unrecognized
  Constitution limits marriage to opposite-sex couples

Includes laws that have not yet gone into effect.

There is no legal recognition of same-sex couples. The Constitution of Montenegro bans same-sex marriage.[1]

On 13 November 2012, the Deputy Prime Minister Dusko Markovic stated that the government will prepare a bill giving some form of legal recognition for same-sex couples.[2]

Legal protections

On 27 July 2010, the Montenegrin Parliament passed a non-discrimination law that includes sexual orientation and gender identity as prohibited grounds of discrimination. This was one of the requirements the country had to meet for European Union membership.[3] Gays and lesbians are not banned from military service.

Social conditions

Gays and lesbians may face discrimination and harassment in Montenegro. Anti-gay attitudes are deeply ingrained.

Gay culture

The gay scene is very small. The First Gay Pride event in Montenegro was held on 24 July 2013 in the coastal town of Budva, and it has caused various reactions in public.[4] On 20 October 2013, a Pride event took place in the capital city of Podgorica, where violent anti-gay protesters were arrested by police.[5]

Summary table

Same-sex sexual activity legal Yes (Since 1977)
Equal Age of Consent Yes (Since 1977)
Anti-discrimination laws in employment Yes (Since 2010)
Anti-discrimination laws in the provision of goods and services Yes (Since 2010)
Anti-discrimination laws in all other areas Yes (Since 2010)
Same-sex Marriages No (Constitutional ban since 2007)
Recognition of same-sex unions No
Adoption by same-sex couples No
Gays allowed to serve in the military Yes
Right to change legal gender Yes Requires sterilization for change
Access to IVF for lesbians No
Commercial surrogacy for gays No
MSMs allowed to donate blood No

See also

References

  1. Constitution of Montenegro
  2. Montenegro promises gay pride and some marriage rights
  3. Montenegro fulfils EU membership requirement and protects LGBT people from discrimination 28 July 2010.
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