The Belgrade Centre for Human Rights has filed with the Constitutional Court of Serbia a motion to review the constitutionality of Article 1, Para 1, of the Family Law, under which only domestic partnerships involving unmarried individuals of the opposite sex are considered extramarital unions. Such a definition of an extramarital union places partners of the same sex in such unions at a much greater disadvantage, as they do not have access to many of the rights guaranteed extramarital partners, including the right to alimony, joint ownership, protection from family violence, whereby partners of the same sex have become victims of discrimination on the grounds of sex i.e. sexual orientation.As opposed to the definition of marriage as a union of man and woman, which reflects the moral views of most members of Serbia’s society, and having inter alia the goal of giving birth to children, the only purpose of the institute of an extramarital union is to provide partners in such unions with specific rights. It is for that reason that the definition of extramarital union cannot be limited only to unions of persons of different sex; it must also protect other similar economic, social and emotional unions.
The Belgrade Centre for Human Rights the Constitutional Court of Serbia will follow suit of other constitutional courts in the world, such as the ones in Hungary and South Africa, and ensure full equality of Serbia’s citizens. Such a decision will ensure also the respect of the state’s international obligations and preclude its accountability before international institutions, notably the European Court for Human Rights, which had in the case Karner v. Austria ruled that partners of the same sex must be allowed enjoyment of specific marital rights. The Centre maintains that there are no ethical reasons for depriving persons of the same sex living in an extramarital union of alimony or joint ownership or the right to visit their ailing partner in a hospital. On the contrary, depriving partners of the same sex of those rights is immoral.
