Upholding the Right to Marry: Victory for Individual Autonomy in Serbia

Lawyers’ Committee for Human Rights – YUCOM, advocating for the rights of individuals with mental health conditions, represented D.M. in her case initiated by the Center for Social Work (CSR), challenging her right to marry. Despite being partially deprived of the legal capacity to manage large sums of money and enter significant legal contracts, an expert opinion confirmed that D.M. fully understood the institution of marriage and could enter and maintain a marital relationship, safeguarding her rights and interests.

The Basic Court found that D.M. functioned well in her daily life, regularly took her prescribed medication, and attended medical check-ups, which were crucial factors in rejecting the CSR’s request to prevent her from marrying. The decision also emphasized her ability to engage in social and family life, reinforcing her capacity to enter marriage.