|SC||Variations of sex characteristics|
|GR1||Legal gender recognition without self-determination|
|GR2||Legal gender recognition with self-determination (over 16)|
|GR3||Legal gender recognition with self-determination (under 16)|
|FPN||LGBTI focal points network|
|CA||Ministerial call to action|
The Macedonian Constitution (1991) provides protection, respect and promotion of basic human rights, but none of its articles explicitly mention sexual orientation, gender identity and expression, or variations in sex characteristics. Furthermore, the Law on protection and prevention from discrimination does not specifically include them as grounds for protection. Both Laws on Primary and Secondary Education prevent discrimination, but without explicitly mentioning sexual orientation, gender identity and expression, or variations in sex characteristics.
For the first time, the new National Strategy for equality and non-discrimination covering the period 2016-2020 stated in its introduction as a main mission, “efficient protection against discrimination and respect of the principle of equal opportunities and prevention of discrimination of whichever person and/or group of persons, based on their personal characteristics, in particular the vulnerable social groups (ethnic groups, women, LGBTI persons, persons with mental and physical disabilities)”and foresaw measures for prevention of hate speech and violence against LGBTI persons. Unfortunately, there is no further elaboration on these issues in the text of the Strategy.
The Commissioner for Protection against Discrimination, Association for Health Education and Research (“HERA”) and the Coalition Margins, however, launched an anti-discrimination protocol that develops the specific steps to report discrimination based on sexual orientation in 2015.
Except for the National Strategy for equality and non-discrimination covering the period 2016-2020, which only mentions measures for prevention of hate speech and violence against LGBTI persons, there are no national policies or action plans to tackle homophobic, biphobic, transphobic or interphobic bullying or promote LGBTQI inclusion, according to the latest ECRI’s report. Despite the insistence of the LGBTI community for the introduction of sexuality education and preventive measures against bullying in schools, the new Strategy for Education 2018-2025 and Action Plan fails to address these points.
For its part, the National Strategy on Equality and Non-discrimination 2016 – 2020, adopted in May 2016 by the Government and the Ministry of Labour and Social Policy, explicitly includes protection of LGBTI people against discrimination through concrete actions. Few of these actions, however, call for alignment of education-related laws (i.e. Law on Volunteering, Law on Schoolbooks, Law on Higher Education) to the Law for Protection and Prevention against Discrimination, which will include sexual orientation and gender identity as protected grounds of discrimination and should be adopted in April/May 2018. Besides, the National Strategy include conduct of analyses and issuing recommendations for elimination of discriminatory content in schoolbooks.
In 2011, the Coalition on Sexual and Health Rights of Marginalized Communities analysed six textbooks from secondary education curricula and eight textbooks from university. According to this study, most of the textbooks either have no or hostile LGBTQI content. The Coalition have since analysed several other textbooks and complained regularly to the Commission for Protectionof Discrimination and the Ombudsman.
The Coalition have submitted 14 petitions on different textbooks for homophobic content that is harassing and discriminatory towards LGBTQI people to the Commission for Protection of Discrimination, the Ombudsman and the State Educational Inspectorate. In a few cases the content was removed but no affirmative content was added.
There is only the Academy for secondary school teachers to acquire a license to work in education, recently established by the Ministry of Education. In this training, there is no mandatory content on LGBTQI awareness.
The Coalition Margins provided specific teacher training only as part of one project conducted by HERA and Municipality Centar (Skopje) which focused on providing comprehensive sexual education in two elementary schools in this municipality. There has also been a programme for life-long skills, with an accompanying textbook, that was developed by university professors and supported by UNICEF; this course was assigned for secondary school students. It was not obligatory, but it included content such as anti-discrimination and increasing awareness on sexual health. Also, education for life-long skills was introduced as a separate subject in secondary school; there were training courses conducted for primary and secondary school teachers, and textbooks were developed.
In 2016, the Coalition, in cooperation with the Association of Professional Services from the secondary schools of the City of Skopje, held training sessions for school pedagogues, psychologists and special educators about sexuality, sexual health, gender roles, and children’s rights. The training included more than 25 pedagogues, psychologists and special educators from 15 high schools from Skopje. The Coalition intends to hold similar trainings in the future to educate professional school staff in order to more effectively deal with homophobic, transphobic and gender-based harassment and violence.
A study by the Subversive Front on Discrimination, Violence, and Bullying based on Sexual Orientation and Gender Identity suggest that the LGBTI persons are statistically more prone to bullying, in the education context and beyond. In the educational system, bullying is reported to originate not only from the fellow students, but also from teachers.
There are no clear legal or administrative proceedings to change name or gender marker.
The government does not provide data on homophobic, biphobic, transphobic and interphobic bullying. Subversive Front, a civil society organisation, with collaboration from Youth Educational Forum, however, conducted multi-method research that addressed discrimination, violence and bullying based on sexual orientation and gender identity among young people (18-30 years old) in Skopje. The results were alarming; the main findings highlighted that there are high levels of discrimination, bullying and physical violence experienced by LGBTQI youth. The consequences included, negative psychosocial outcomes, such as depression, anxiety, and higher levels of self-concealment. It was found that LGBTQI young people in Skopje are under constant threats of discrimination and violence, which negatively influenced their ability to lead authentic lives and negatively influences their mental health and overall wellbeing.
Due to the difficulties in identifying bullying as a form of violence, educational psychologists in Macedonia mention that there are no support systems. Teachers and educational psychologists who work in secondary schools are responsible for recognising bullying, offering support and undertaking further actions and strategies in preventing future incidences. Psychologists imply that teachers and psychologists in schools should act as independent bodies since they have the capacities, competences, knowledge, and possibility to provide help and support in dealing with this issue. Beyond this, there is no state support systems for victims of this kind of violence. Some NGOs, including the Coalition Margins and Subversive Front, however, provide free psycho-social and legal aid to LGBTI people.
The government provides no specific support systems for LGBTQI learners or their families. The Coalition Margins collaborates, however, with the Active of School Professional Services with aim to provide this kind of information and support. This is only available for schools in Skopje.
The government provides no support to LGBTQI civil society organisations working in the area of education. Some Ministries, such as the Ministry of Labour and Social Policy and the Ministry of Interior have signed letters of support with the organisation Subversive Front. This suggests that some of the state institutions would offer support for educational activities conducted by civil society organisations.
– Macedonia has not signed the Call for Action by Ministers – Inclusive and equitable education for all learners in an environment free from discrimination and violence.
– Macedonia is not a member of the European Governmental LGBTI Focal Points Network.
A transgender girl, who was student in a high school in Skopje, had experienced a long history of bulling and psychological, verbal and physical violence by peers and one teacher. The Coalition Margins provided free psycho-social and legal aid, and their psychologist invested a lot of time and effort in the school to create a supportive environment for the learner. The education inspectorate first recommended withdrawing the student from the school, but the psychologist strongly disagreed. She trained some of the teachers and the school psychologist in dealing with transgender issues, and also trained a group of peers to serve as a support team for this student. The learner succeeded in finishing high school as a girl. The teachers and students became more sensitive and provided a good deal of support. The Coalition Margins will continue to work and help individual cases, but a systematic approach is still needed for resolving this kind of problem.
Comprehensive sexual education, by HERA-Health Education and Research Association
There was an assessment of the needs for sexual and reproductive health for teachers, parents and students. 48 civil society organisations signed the petition for including comprehensive sexual education in the education system. There was a training course on sexual education conducted for professors from Faculty of philosophy. The organisation has 20 accredited educators for sexual education and they organised training courses for 200 high school students in 2015/2016. The evaluation pointed out that the project was successful, the effect for the students was high, attitudes changed, and the level of knowledge was increased. Furthermore, there are four national strategies adopted by the Government in order to introduce comprehensive sexual education.
Covers: SO and GIE
Protocol for procedures in cases of protection from discrimination based on sexual orientation and gender identity, by HERA-Health Education and Research Association
This document provides clear explanation on regulation, policies and procedures of protection from SOGI-based discrimination. The content includes: laws of conducting the procedure, international law practices for protection from SOGI-based discrimination, definitions of the terms used, relevant organisations that work on advocacy, and an example of form of complaint that can be used by persons discriminated on this basis.
Covers: SO and GIE
(Homo)sexuality in education in the Republic of Macedonia, by Coalition “Sexual and Health Rights of Marginalized Communities
This is a textbook containing an in-depth research analysis of the presence of homophobic content in the literature used in secondary school education and universities in Macedonia. Six books were analysed from secondary school education: Citizen education, Introduction to law, Pedagogy, Sociology, Ethics and Philosophy (all of them used in different years). There was a further analysis of eight books used in different universities: Sociology, Social Pathology, Politics of human rights-general terms, Psychology of the childhood and adolescence, Psychology of the elderly and senescence, Psychology of gender: gender identity and gender roles, Medical Psychology and Psychiatry.
Covers: SO and GIE