Gay rights in albania

Preface

Purpose

This mention provides country of start information (COI) and investigation of COI for employ by Home Office conclusion makers handling particular types of protection and human rights claims (as place out in the Introduction section). It is not intended to be an exhaustive survey of a particular subject or theme.

It is split into 2 parts: (1) an review of COI and other evidence; and (2) COI. These are explained in more detail below.

Assessment

This section analyses the evidence relevant to this note - that is information in the COI section; refugee/human rights laws and policies; and applicable caselaw - by describing this and its inter-relationships, and provides an assessment of, in general, whether one or more of the tracking applies:

• a person is reasonably likely to face a real risk of persecution or serious harm

• that the general humanitarian situation is so severe that there are substantial grounds for believing that there is a real risk of serious harm because conditions amount to inhuman or degrading treatment as within paragraphs 339C and 339CA(iii) of the Immigration Rules/Article 3 of the European Convention on Human Right
  

  Albania sees first gay religious marriage as LGBT couple challenge family code

  Two Albanian women include become the first couple in the country’s history to challenge the laws on marriage under an article of the constitution while also taking part in a religious marriage ceremony, as the EU Ambassador to Albania, Silvio Gonzato, says Albania needs to consider the equality of citizens before the law.

  Alba Ahmetaj and Edlira Mara filed an application for legal marriage at their local municipality office on Friday (17 May). The Albanian family code defines marriage as between a man and a woman. However, Article 53 of the Constitution states that “Everyone has the right to marry and have a family.”

  Mara argued on her Facebook account that the Family Code violates the Consitution, “discriminating on the basis of sexual orientation and in violation of constitutional guarantees against any other couple.”

  “Our request for a announcement of marriage symbolizes the first link in a long and difficult, but above all just, effort. We are determined to follow the legal way and respect the procedures and institutions of our country, challenging the discriminatory content

  The Multifaceted Struggle of the LGBTQ+ Community in Albania

  This report is part of the larger anthology “Insights into Albania: Internal Struggles and Geopolitical Challenges in the Western Balkans”

  Read the report here

  Read the complete anthology here

  On May 17, 2024, during the International Day Against Homophobia, Biphobia, and Transphobia in Albania’s capital Tirana, Alba Ahmetaj and Edlira Maraj, after 15 years together, noted their love with a symbolic wedding ceremony on the rooftop of the Municipality of Tirana, surrounded by their two daughters and close friends. It was the first publicly celebrated LGBTQ+ wedding in Albania. Despite same-sex marriages not being legally acknowledged in the country, Ahmetaj and Maraj leveraged the interpretation of Article 53(1) of the Albanian Constitution, in which it is stated that “Everyone has the right to marry” without specifying the gender or sexual orientation of those wishing to marry.  

  The ceremony attracted significant attention, particularly from the country’s main religious institutions, which reacted negatively to both the event and the right to same-sex marriage in Albania. Widespread homophobic re

  Albania

  Albania has made significant strides in improving legal protections for LGBTIQ individuals, though societal acceptance remains limited. Same-sex sexual activity has been legal since 1995, with an equal age of agreement for all individuals regardless of sexual orientation arrange at 14.

  In 2010, the Parliament unanimously adopted the Law on Protection from Discrimination, which prohibits discrimination based on sexual orientation and gender identity in employment, education, goods and services, health care, and housing. The law provides for the appointment of a Commissioner whose role includes reviewing complaints. Albania also has an Ombudsperson for human rights whose role includes monitoring and reporting on the human rights of LGBTI people.   In 2013, the Albanian Parliament amended the criminal code to comprise crimes motivated by sexual orientation and gender persona. The same year, the Parliament passed a novel law making the dissemination of homophobic information a crime. While these provisions have been in place for more than ten years, the public response to hate crimes, including investigations and the enforcement of protections, has been inadequate. 

  N

  
  
  

  .