Albania does not recognize same-sex marriages or civil unions. A bill to legalize same-sex marriage had been introduced to Parliament in 2009 with the support of Prime Minister Sali Berisha, but was never voted on.

Background

Laws regarding same-sex partnerships in Europe¹
  Marriage
  Civil union
  Limited domestic recognition (cohabitation)
  Limited foreign recognition (residency rights)
  Unrecognized
  Constitution limits marriage to opposite-sex couples
¹ May include recent laws or court decisions that have not yet entered into effect.

During Communist rule, cohabitation between unmarried partners was outlawed and marriage was strongly encouraged as "the legal basis of creating a family". Homosexuality and same-sex unions were outlawed in Albania until 1995, three years after the end of Communist rule.[1]

Prime Minister Sali Berisha announced in a cabinet meeting on 29 July 2009 that the Council of Ministers would push for a bill to recognise marriages between partners of the same sex. He said that the bill had already been introduced to the Parliament of Albania.[2][3] On 5 February 2010, the Albanian Parliament passed an anti-discrimination law banning discrimination on the grounds of sexual orientation.[4][5] Gay rights groups praised the new law but said they hoped that Berisha would eventually keep his promise on legalising same-sex marriage.[6] Igli Totozani, the People's Advocate, announced in October 2013 that he would be drafting a bill on changes to the Family Code to legalise same-sex marriage.[7] In April 2018, the new People's Advocate, Erinda Ballanca, expressed her support for same-sex marriage and pledged to support LGBT rights.[8] As of 2023, no change has happened, with LGBT activists criticising the legislative inaction.[9] Article 7 of the Family Code states that "marriage is contracted between a man and a woman who have reached the age of 18 years."[10]

In June 2020, the European Commission against Racism and Intolerance noted that the absence of legal recognition for same-sex couples "could lead to various forms of discrimination and should be rectified", advising the Parliament of Albania to pass legislation recognizing same-sex partnerships.[11] Albania is obliged under the European Court of Human Rights' ruling in Fedotova and Others v. Russia to provide legal recognition to same-sex unions. In January 2023, the Grand Chamber ruled that Article 8 of the European Convention on Human Rights, which guarantees a right to private and family life, places a positive obligation on all member states of the Council of Europe to recognize same-sex partnerships.[12]

Constitutional wording

The Constitution of Albania does not explicitly forbid the recognition of same-sex marriages. Article 53 states that:

Everyone has the right to marry and have a family. Marriage and family enjoy special protection of the state.[lower-alpha 1]

Court cases

In 2017, Kristi Pinderi, executive director of the organisation PRO LGBT, announced his intention to file a lawsuit seeking the recognition of same-sex unions.[14] In 2022, activist Xheni Karaj echoed plans to achieve legal recognition of same-sex relationships through the courts; "We tried this way of changing the Family Code before, but we have seen that there is no political will to move it forward, and since we see that there is no political will, we are thinking of using the path of strategic litigation. This is a path where a couple or several couples belonging to the community follow the legal path and go through all the judicial stages in Albania – and then take the case to Strasbourg, as many other countries have done before.", said Karaj.[15]

See also

Notes

  1. ↑ In Albanian: Kushdo ka të drejtë të martohet dhe të ketë familje. Martesa dhe familja gëzojnë mbrojtjen e veçantë të shtetit.[13]

References

  1. ↑ Kadi, Xhensila (2014). "The approach towards gay marriage in the Albanian legislation and society". Academicus International Scientific Journal. 5 (9): 79–92. doi:10.7336/academicus.2014.09.06.
  2. ↑ Lowen, Mark (30 July 2009). "Albania 'to approve gay marriage'". BBC News.
  3. ↑ Dade, Chris (31 July 2009). "Albania Preparing to Legalize Same-Sex Marriage". Digital Journal.
  4. ↑ "No gay marriage for Albania". Pink News. 5 February 2010. Retrieved 5 February 2010.
  5. ↑ "Albanian Gay Rights Law, Minus Marriage". The Advocate. 5 February 2010. Retrieved 5 February 2010.
  6. ↑ "Gays content with rights law". The Straits Times. Reuters. 5 February 2010. Retrieved 5 February 2010.
  7. ↑ Totozani: Të lejohen martesat “gej”, top-channel.tv, 26 October 2013, in Albanian
  8. ↑ ""M'u vu me dhunë mikrofoni para fytyrës", Ballanca tregon pse është pro martesave Gay". Oranews. Retrieved 2018-04-06.
  9. ↑ ""Martesat gay", homoseksualët zbardhin tradhtinë e Ramës: Do ta ndëshkojmë". Agjencia e Lajmeve SOT NEWS. 2016-08-14. Retrieved 2018-11-07.
  10. ↑ "Family Code of Albania" (PDF). ilo.org. January 2004.
  11. ↑ Taylor, Alice (2 June 2020). "Council of Europe Anti-Discrimination Body Suggests Same-Sex Marriage Legislation, Gender Reassignment Recognition, and Increased Support to LGBTI Community". Exit.al.
  12. ↑ "ECtHR: refusal of any form of legal recognition and protection for same-sex couples breaches Convention". EU Law Live. 17 January 2023.
  13. ↑ "Kushtetuta e Republikës së Shqipërisë" (PDF). wipo.int (in Albanian).
  14. ↑ "Albanian Courts Asked to Recognize Same-Sex Partnerships". Human Rights Watch. 8 February 2017.
  15. ↑ Sinoruka, Fjori (28 April 2022). "Albania's Pioneering LGBT Activist: 'We Should Not Be Second-Class Citizens'". Balkan Insight.
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