Homosexuality
    ✔ Legal
    Gay Marriage
    ✖ Unrecognized
    Censorship
    ✔ No censorship
    Changing Gender
    ✖ Legal, but requires surgery
    Gender-Affirming Care
    Unknown
    Non-Binary Gender Recognition
    ✖ Not legally recognized
    Discrimination
    ✔ Illegal
    Employment Discrimination
    ✔ Sexual orientation and gender identity
    Housing Discrimination
    ✔ Sexual orientation and gender identity
    Adoption
    ✖ Illegal
    Intersex Infant Surgery
    ✖ Not banned
    Military
    ✔ Legal
    Donating Blood
    ✔ Legal
    Conversion Therapy
    ✖ Not banned
    Age of Consent
    ✔ Equal
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Public Opinion

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History

Homosexual activity in Republika Srpska

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Homosexual activity in Republika Srpska is legal.

Current status
Since Oct 1991
Legal
Consensual homosexual intercourse between men has been decriminalized nationwide since 1991.
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Dec 1, 1918–Jan 1, 1930
Male illegal, female legal under federal Bosnia and Herzegovina law
In the first post-medieval Criminal Code of the Principality of Serbia, named "Kaznitelni zakon" (Law of Penalties), adopted in 1860, sexual intercourse "against the order of nature" between males became punishable by from 6 months' to 4 years' imprisonment. As typical for the time, homosexual relations between women were excluded. Serbian law was continued in Yugoslavia
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Aug 9, 1858–Jul 13, 1878
Legal under federal Bosnia and Herzegovina law
In 1858, the Ottoman Empire, then in control of Bosnia and Herzegovina, legalized same-sex intercourse.
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Same-sex marriage in Republika Srpska

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Same-sex marriage in Republika Srpska is unrecognized.

Current status
Since Feb 28, 2002
Unrecognized
There is no definition of marriage in Republika Srpska 1992 Constitution.
Article 36: "Marriage and marriage & family relations are regulated by law"

The Family Laws of 2002 and 2023 have the same definition of marriage in articles 4: "Marriage is a union of life between husband and wife regulated by law."

Censorship of LGBT issues in Republika Srpska

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Censorship of LGBT issues in Republika Srpska is no censorship.

Current status
No censorship
There are no laws restricting the discussion or promotion of LGBTQ+ topics.

In March 2023, the President of Republika Srpska annouced the upcoming introduction of a law prohibiting the presence of LGBTI individuals in educational institutions.
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Right to change legal gender in Republika Srpska

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Right to change legal gender in Republika Srpska is legal, but requires surgery.

Current status
Legal, but requires surgery
Requires surgery.
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Gender-affirming care in Republika Srpska

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Gender-affirming care in Republika Srpska is unknown.

Current status
Unknown

Legal recognition of non-binary gender in Republika Srpska

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Legal recognition of non-binary gender in Republika Srpska is not legally recognized.

Current status
Not legally recognized
Not recognised.
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LGBT discrimination in Republika Srpska

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LGBT discrimination in Republika Srpska is illegal.

Current status
Since Sep 14, 2016
Illegal
Under federal law.
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Aug 5, 2009–Sep 13, 2016
Illegal in some contexts
Under federal law.
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LGBT employment discrimination in Republika Srpska

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LGBT employment discrimination in Republika Srpska is sexual orientation and gender identity.

Current status
Since Sep 14, 2016
Sexual orientation and gender identity
Under federal law.
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LGBT housing discrimination in Republika Srpska

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LGBT housing discrimination in Republika Srpska is sexual orientation and gender identity.

Current status
Since Sep 14, 2016
Sexual orientation and gender identity
Under federal law.
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Aug 5, 2009–Sep 13, 2016
Sexual orientation only
Under federal law.
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Same-sex adoption in Republika Srpska

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Same-sex adoption in Republika Srpska is illegal.

Current status
Since Sep 1, 2023
Illegal
Articles 179 and 181 of the Family Law adopted on February 8, 2023 give spouses the exclusive right to both types of adoption. Singles are not allowed to adopt.
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Sep 4, 2002–Aug 31, 2023
Illegal
Family Law adopted on July 25, 2002 recognized two categories of adoption: "incomplete adoption" and "full adoption". In the first case, adoptive parents could be both individuals and married partners (Articles 150-155). In the second case, adoptive parents are married partners only (Articles 156-160).
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Intersex infant surgery in Republika Srpska

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Intersex infant surgery in Republika Srpska is not banned.

Current status
Not banned
There is no official ban on unnecessary sex reassignment operations in infants in Republika Srpska.
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Serving openly in military in Republika Srpska

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Serving openly in military in Republika Srpska is legal.

Current status
Since Jan 1, 2006
Legal
Under federal law.
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Blood donations by MSMs in Republika Srpska

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Blood donations by MSMs in Republika Srpska is legal.

Current status
Legal
MSMs are allowed to donate blood following the same criteria as any other donor.
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Conversion therapy in Republika Srpska

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Conversion therapy in Republika Srpska is not banned.

Current status
Not banned
Not banned.
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Equal age of consent in Republika Srpska

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Equal age of consent in Republika Srpska is equal.

Current status
Equal
Age of consent of 15 years is equal for everyone.
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