Demir Kapija is governed by federal North Macedonia law. Learn more
- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✖ Unrecognized
- Censorship
- ✔ No censorship
- Changing Gender
- ✖ Legal, but requires surgery
- Gender-Affirming Care
- ✔ Legal
- Non-Binary Gender Recognition
- ✖ Not legally recognized
- Discrimination
- ✔ Illegal
- Employment Discrimination
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- ✔ Sexual orientation and gender identity
- Adoption
- ✖ Single only
- Intersex Infant Surgery
- ✖ Not banned
- Military
- ✖ Lesbians, gays, bisexuals permitted, transgender people banned
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✖ Not banned
- Age of Consent
- ✔ Equal
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Public Opinion
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Homosexual activity in Demir Kapija is legal.
Current status
Since Nov 1, 1996
Legal
The Criminal Code of the Republic of Macedonia adopted on July 23, 1996 decriminalized consensual homosexual intercourse between men.
Male illegal, female legal
The Criminal Code of the Socialist Republic of Macedonia (as part of the SFRY) adopted on June 16, 1977 criminalized unnatural fornication between men.
Article 101, paragraph (2): for unnatural fornication between persons of the male sex, the perpetrator will be punished by imprisonment for up to one year.
Article 101, paragraph (2): for unnatural fornication between persons of the male sex, the perpetrator will be punished by imprisonment for up to one year.
Male illegal, female legal
The Criminal Code of the Federal People's Republic of Yugoslavia adopted on February 27, 1951 criminalized consensual sexual intercourse between men throughout its territory, including North Macedonia.
Article 186: for unnatural fornication between persons of the male sex, the perpetrator shall be punished with imprisonment for up to two years.
The 1959 amendment reduced the prison sentence by one year.
Article 186: for unnatural fornication between persons of the male sex, the perpetrator shall be punished with imprisonment for up to two years.
The 1959 amendment reduced the prison sentence by one year.
Illegal (imprisonment as punishment)
The Criminal Code for the Kingdom of Serbs, Croats and Slovenes (Kingdom of Yugoslavia as of October 3, 1929) adopted on January 27, 1929 criminalized "unnatural fornication" without specifying the definition of the mentioned term.
Paragraph 285: for unnatural fornication between persons, the perpetrator shall be punished with strict imprisonment, unless the act turns into a more serious crime.
Paragraph 285: for unnatural fornication between persons, the perpetrator shall be punished with strict imprisonment, unless the act turns into a more serious crime.
Male illegal, female legal
The Penal Code of the Kingdom of Serbia (North Macedonia was part of it at that time) passed on March 29, 1860 criminalized sex between men.
Paragraph 206: Unnatural fornication between persons of the male sex to be punished by imprisonment from six months to four years and loss of civil honor.
Paragraph 206: Unnatural fornication between persons of the male sex to be punished by imprisonment from six months to four years and loss of civil honor.
Same-sex marriage in Demir Kapija is unrecognized.
Current status
Since Nov 1, 1996
Unrecognized
There is no definition of marriage in the 1991 Constitution.
Article 40: "Legal relations in marriage, family and cohabitation are regulated by law."
Family Law from 1992, article 6: "Marriage is a legally regulated union of life between a husband and wife in which the interests of the spouses, the family and society are realized."
Article 40: "Legal relations in marriage, family and cohabitation are regulated by law."
Family Law from 1992, article 6: "Marriage is a legally regulated union of life between a husband and wife in which the interests of the spouses, the family and society are realized."
Until Oct 31, 1996
Banned
Male homosexuality was illegal before this date in North Macedonia.
Censorship of LGBT issues in Demir Kapija is no censorship.
Current status
No censorship
In Macedonia, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
Right to change legal gender in Demir Kapija is legal, but requires surgery.
Current status
Since Jan 2019
Legal, but requires surgery
In January 2019, the European Court of Human Rights (ECHR) ruled that North Macedonia's requirement that transgender people undergo sex reassignment surgery before their gender marker on ID documents can be changed is a violation of human rights. The judgment held that deficiencies in North Macedonia's laws concerning modifying gender on official identification documents infringed the private life of transgender Macedonians.
This means that at the moment, there is no way to change one's legal gender in North Macedonia, even after surgery.
This means that at the moment, there is no way to change one's legal gender in North Macedonia, even after surgery.
Legal recognition of non-binary gender in Demir Kapija is not legally recognized.
Current status
Not legally recognized
No legal recognition.
LGBT discrimination in Demir Kapija is illegal.
Current status
Since Oct 30, 2020
Illegal
On October 27, 2020, the Parliament of North Macedonia adopted a new Law on Prevention and Protection from Discrimination, which prohibits discrimination based on sexual orientation and gender identity in all areas.
Illegal in some contexts
On 14 May 2020, Constitutional Court of North Macedonia repealed the Law on Prevention and Protection from Discrimination on procedural grounds, meaning that LGBT people were no longer (explicitly) protected group. The only protection existed in laws that prohibited discrimination in certain areas of life and mentioned sexual orientation or gender identity as a basis.
Illegal
On May 16, 2019, the Parliament of North Macedonia adopted a new (short-lived) Law on Prevention and Protection from Discrimination, which prohibited discrimination based on sexual orientation and gender identity in all areas.
Illegal in some contexts
LGBT employment discrimination in Demir Kapija is sexual orientation and gender identity.
Current status
Since Oct 30, 2020
Sexual orientation and gender identity
The 2020 Law on Prevention and Protection against Discrimination prohibits discrimination based on sexual orientation and gender identity in Employment, among other areas.
Sexual orientation only
The only protection against discrimination in Employment in this period existed in the Labour Law.
Sexual orientation and gender identity
The 2019 Law on Prevention and Protection against Discrimination prohibited discrimination based on sexual orientation and gender identity in Employment, among other areas.
Sexual orientation only
Until Aug 4, 2005
No protections
Before this date there was no protection of the LGBT population from discrimination in employment in the North Macedonian legislature.
LGBT housing discrimination in Demir Kapija is sexual orientation and gender identity.
Current status
Since Oct 30, 2020
Sexual orientation and gender identity
The 2020 Law on Prevention and Protection against Discrimination prohibits discrimination based on sexual orientation and gender identity in Housing, among other areas.
No protections
On 14 May 2020, Constitutional Court of North Macedonia repealed the Law on Prevention and Protection from Discrimination on procedural grounds, meaning that LGBT people were no longer protected in Housing.
Sexual orientation and gender identity
The 2019 Law on Prevention and Protection against Discrimination prohibited discrimination based on sexual orientation and gender identity in Housing, among other areas.
Ambiguous
The Law on Prohibition of Discrimination from 2010 prohibited discrimination in Housing, but sexual orientation and gender identity were not explicitly mentioned as grounds.
Until Dec 31, 2010
No protections
Before this date there was no protection against discrimination in Housing in North Macedonian legislation.
Same-sex adoption in Demir Kapija is single only.
Current status
Single only
No same sex adoption laws.
Also, no restrictions for LGBT singles.
Adoptive parents who live in a married or cohabiting union have priority over single people when adopting a child.
Also, no restrictions for LGBT singles.
Adoptive parents who live in a married or cohabiting union have priority over single people when adopting a child.
Intersex infant surgery in Demir Kapija is not banned.
Current status
Not banned
There is no official ban on unnecessary sex reassignment operations in infants in North Macedonia.
Serving openly in military in Demir Kapija is lesbians, gays, bisexuals permitted, transgender people banned.
Current status
Lesbians, gays, bisexuals permitted, transgender people banned
While Gays and lesbians are permitted, Transgender people are not
Blood donations by MSMs in Demir Kapija is legal.
Current status
Since Oct 30, 2009
Legal
There is no criteria against MSM donating blood in North Macedonia.
Conversion therapy in Demir Kapija is not banned.
Current status
Not banned
There is no ban, but there is also no information about the official practice of Conversion Therapy by centers, state or religious institutions.
Legal Rights
64 / 100
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Demir Kapija LGBT Organizations
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