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Recognition of same-sex unions in Bosnia and Herzegovina

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Part of the LGBTQ rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations of the US. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights in Israel. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements confer some limited legal benefits in China, including decisions about medical and personal care.
  9. ^ Hong Kong provides inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Indian courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Most Japanese cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse provide residency rights in Namibia.
  13. ^ Romania provides hospital visitation rights through a "legal representative" status.
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Bosnia and Herzegovina does not recognize same-sex marriages or civil unions. In 2018, the Government of the Federation of Bosnia and Herzegovina, one of the two entities forming Bosnia and Herzegovina, announced its intention to legalize civil unions.

Civil unions

[edit]
Laws regarding same-sex partnerships in Europe¹
  Marriage
  Civil union
  Limited domestic recognition (cohabitation)
  Limited foreign recognition (residency rights)
  Unrecognized
  Constitution limits marriage to opposite-sex couples
¹ May include recent laws or court decisions that have not yet entered into effect.

Bosnia and Herzegovina does not recognise civil partnerships (Bosnian: građansko partnerstvo, грађанско партнерство, pronounced [ɡrâdʑanskoː pârtnerstvo]; Croatian: građansko partnerstvo; Serbian: građansko partnerstvo, грађанско партнерство)[a] which would offer same-sex couples a subset of the rights, benefits and obligations of marriage. However, Bosnia and Herzegovina is obliged under the European Court of Human Rights' ruling in Fedotova and Others v. Russia to provide legal recognition to same-sex unions. In January 2023, the Grand Chamber ruled that Article 8 of the European Convention on Human Rights, which guarantees a right to private and family life, places a positive obligation on all member states of the Council of Europe to recognize same-sex partnerships.[1] The court later issued similar rulings with respect to Poland in Przybyszewska and Others, Romania in Buhuceanu and Others, Bulgaria in Koilova and Babulkova, and Ukraine in Maymulakhin and Markiv.

Same-sex partnerships face many legal challenges in Bosnia and Herzegovina. They do not enjoy recognition or legal protection, "which significantly limits their exercise of various rights that are available to heterosexual couples".[2] Same-sex partners are not eligible for tax benefits or housing loans. In addition, if one partner dies, the other partner does not have the right to legally inherit the rights of the deceased partner. If one partner is hospitalized, the other does not have the right to visit as they will not be considered a family member.[2]

On 19 October 2018, the Government of the Federation of Bosnia and Herzegovina adopted a request for the legalisation of civil unions. "The said item was on the session agenda and it was adopted in the same form as it was proposed," Prime Minister Fadil Novalić said. The government formed a working group to analyse the proposal, which would need to be adopted by the Parliament.[3] The working group was established in January 2020 and was due to start working in April 2020, but was postponed due to the COVID-19 pandemic.[4] Public consultations on the rights of same-sex couples were held in December 2022. In June 2023, the government accepted the working group's report and announced its intention to begin drafting legislation. "From June 2023 to [March 2024], this step has not even started because the Federal Ministry of Health is waiting to appoint its expert, while other ministries have done it on time", said Amil Brković, a lawyer and legal advisor from the Sarajevo Open Centre.[2] Brković called for the government to urgently pass civil union legislation: "It is necessary to legally and comprehensively regulate the legal position of persons in same-sex unions."[2] In addition, he stated that "as an alternative to seeking court recognition, some same-sex couples have decided to conclude a lifetime maintenance contract with a notary, and regulate the issue of inheritance through a will." "These alternative directions are neither a stable nor a long-term solution for protecting the family life of same-sex couples in Bosnia and Herzegovina", said Brković.[2]

Same-sex marriage

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There is no legal recognition of same-sex couples on a national or subnational level. The Constitution of Bosnia and Herzegovina remains silent on gender eligibility for marriage. The only mention of marriage in the Constitution is in Article 2(3), which states that "all persons within the territory of Bosnia and Herzegovina shall enjoy the human rights and fundamental freedoms referred to in paragraph 2 above; these include [...] the right to marry and to found a family [...]".[5] On a subnational scale, both entities, the Federation of Bosnia and Herzegovina and the Republika Srpska, limit marriage to opposite-sex couples, as prescribed by their respective family codes.[6] Article 4(1) of the Family Law of the Brčko District states that "marriage is a legally regulated union of life between a man and a woman".[7] The Family Law of the Republika Srpska and the Family Law of the Federation of Bosnia and Herzegovina contain an identical article.[8][9]

There are cases of same-sex couples from Bosnia and Herzegovina going to neighbouring countries to marry, and then, upon returning home to Bosnia and Herzegovina, asking the domestic registry authorities to recognize the foreign marriage license "in order to exercise their rights in [Bosnia and Herzegovina]". All these cases have ended up before the courts and are awaiting decisions.[2]

Public opinion

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According to a 2017 Pew Research Center poll, 13% of respondents in Bosnia and Herzegovina supported same-sex marriage, while 84% opposed and 3% were undecided or had refused to answer. Support was 14% among Muslims, 8% among Orthodox Christians and 7% among Catholics.[10][11] A 2019 poll by Valicon showed that 14% of Sarajevo Canton residents supported the legalisation of same-sex marriage, while 81% opposed.[12]

A December 2022 Ipsos survey showed that 26% of Bosnians considered same-sex marriage "acceptable" (11% "completely" and 15% "mainly"), while 71% considered it "unacceptable" (56% "completely" and 15% "mainly"). This represented an increase of support from 2015 when 9% of Bosnians supported same-sex marriage. With regard to special rights, 59% of respondents supported the right of same-sex couples to receive survivor pension benefits in case of the partner's death.[13]

A 2023 survey from the Sarajevo Open Centre (Sarajevski Otvoreni Centar) estimated that 53% of Bosnians supported same-sex civil partnerships, while 26% were opposed and 21% were undecided.[2]

See also

[edit]

Notes

[edit]
  1. ^ Turkish: medeni birliktelik, pronounced [medeˈni biɾlicteˈlic]; Romani: registrime partneripe; Ladino: unyón sivile

References

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  1. ^ "ECtHR: refusal of any form of legal recognition and protection for same-sex couples breaches Convention". EU Law Live. 17 January 2023.
  2. ^ a b c d e f g Isović, Melani (15 March 2024). "The Fight for (Full) Marriage Recognition in Bosnia and Montenegro's Queer Communities". Balkan Diskurs.
  3. ^ "FBiH adopts request for legalisation of same-sex marriages". N1 BA. 19 October 2018.
  4. ^ Erjavec, Dragana (20 April 2020). "Hoće li Federacija BiH uskoro omogućiti istospolnim parovima bračnu zajednicu?". Radio Slobodna Evropa (in Serbo-Croatian).
  5. ^ "Constitution of Bosnia and Herzegovina" (PDF). adsdatabase.ohchr.org. Retrieved 25 April 2025.
  6. ^ "Cultural norms/beliefs about gender/sexuality that might lead to human rights violations, including discrimination" (PDF). Lib.ohchr.org. Archived from the original (PDF) on 3 March 2016. Retrieved 25 May 2016.
  7. ^ "Family Law of the Brčko District" (PDF). natlex.ilo.org. Retrieved 25 April 2025.
  8. ^ "Porodični zakon" (PDF). natlex.ilo.org (in Serbian).
  9. ^ "Porodični zakon Federacije Bosne i Hercegovine" (PDF). advokat-prnjavorac.com (in Bosnian).
  10. ^ "Religious Belief and National Belonging in Central and Eastern Europe" (PDF). Pew Research Center. Archived from the original (PDF) on May 24, 2017. Retrieved May 25, 2024.
  11. ^ "Social views and morality". Religious belief and national belonging in Central and Eastern Europe. Pew Research Center. 10 May 2017.
  12. ^ "Ekskluzivno objavljujemo: Povorku ponosa podržava trećina građana Sarajeva, većina je ipak protiv". klix.ba (in Bosnian). 6 September 2019.
  13. ^ "Attitudes towards LGBTIQ+ people in the Western Balkans" (PDF). ERA – LGBTI Equal Rights Association for the Western Balkans and Turke. June 2023.
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