LGBTI Equal Rights Association for Western Balkans and Turkey

ONLINE RESOURCE CENTRE

Publishing Year: 
2017
Language: 
ENGLISH
Country: 
Macedonia

LEGISLATIVE ANALYSIS RELATED TO LGBT RIGHTS AND HIV IN REPUBLIC OF MACEDONIA

Resource Type: 
Analysis

Analysis of the Republic of Macedonia law and practice shows that some crucial parts ofthe national legislation correspond to requirements and obligations of the international and European human rights documents.
There are no any legal barriers to migration to the Republic of Macedonia for people living with HIV. Legislation does not impose on MSM restrictions in blood donation. Liability for HIV transmission is not explicitly differentiated in the Criminal Code, and included in liability for infection diseases transmission. Macedonian legislation also provides criminal liability for spreading material, promoting or stimulating hatred, discrimination or violence, based on sex, and violation of basic human rights and freedoms acknowledged by the international community and based on difference in sex, which is very significant step towards LGBT rights protection.
However, many gaps in the legislation and absence of proper regulations still lead to violation of PLWH, gay men, other MSM and trans* people's rights. Explicit prohibition of discrimination on the basis of sexual orientation is only provided in the “Law on Labor Relations” and the “Law on Health Protection”, but not in the “Law on Preventing and Protection against Discrimination”, as the principal legal act that treats the subject of discrimination. Gender identity is not recognized as a possible basis for discrimination in any law. Keeping in mind prevalence in the Republic of Macedonia of stereotypes and prejudice against lesbian, gay, bisexual, trans* and intersex persons, it is very important to have explicit legislative rules that prohibit any form of discrimination on the grounds of sexualorientation and/orgender identity.
Legal practice also does not provide proper law enforcement in this sphere. Despite of criminal liability for offences against basic human rights based on the difference in sex, provided by the law, most of such cases were not properly investigated. This contradicts with 29th principle of the Yogyakarta Principles about appropriate, accessible and effective criminal, civil, administrative and other procedures and monitoring mechanisms to ensure the accountability of perpetrators for human rights violations, related to sexual orientation or gender identity as well as prompt and thorough investigation of violation cases. The situation can be effectively changed by establishing investigation procedures controls and teaching enforcement agencies to prevent and investigate offences in this field.

 


 

Disclaimer: 

This report has been produced with the financial assistance of the United States Agency for International Development (USAID). The content of this report is the sole responsibility of the authors and can under no circumstances be regarded as reflecting the position of either the USAID, the United States Government, or other agencies mentioned in this report.

The views expressed in this publication are those of the author(s) and do not necessarily represent those of the United Nations, including UNDP, or the UN Member States.


 

GET IN TOUCH

  • Str. Majke Jevrosime 42/31
    Belgrade, Serbia
  • Phone: +381 11 3227480
  • Email: [email protected]

NEWLETTERS

Make sure you son't miss latest news and get notices about our new themes, stay tuned!

"This website has been produced with the financial assistance of the European Union. 
The content of the website is the sole responsibility of ERA and can under no circumstances be regarded as reflecting the position of the European Union."