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Research and Opinions on the
The Albanian Legal Situation in Relation to LGBT Rights
By GISH Albania (πηγή ILGA-Europe)
This paper comes in three sections: The first section, Penal Right and Working Right, is a review, by GISH, of existing Albanian laws that affect the LGBT community. The text of the laws is taken from the Book of Penal Rights and Work Right of the Law Faculties.
The second section is a survey found on the internet titled: Situation of Lesbians and Gays in Council of Europe Member States -- Questionnaire of Council of Europe sent to Parliamentary National Delegations. The responses provided are those of GISH as we were unable to find an official response to this questioner.
The third section is a brief Report of ILGA (International Lesbian and Gay Association) that was also found on the internet. Again answers to the questions were not found so GISH has responded to them.
This paper is a work in progress -- as all research is. It represents the opinions of GISH and does not represent the opinions of the Albanian government or any other organization. The paper will continue to be updated and refined as new information becomes available and others comment and contribute to it.
The Albanian Legal Situation in Relation to LGBT Rights
By GISH Albania (πηγή ILGA-Europe)
This paper comes in three sections: The first section, Penal Right and Working Right, is a review, by GISH, of existing Albanian laws that affect the LGBT community. The text of the laws is taken from the Book of Penal Rights and Work Right of the Law Faculties.
The second section is a survey found on the internet titled: Situation of Lesbians and Gays in Council of Europe Member States -- Questionnaire of Council of Europe sent to Parliamentary National Delegations. The responses provided are those of GISH as we were unable to find an official response to this questioner.
The third section is a brief Report of ILGA (International Lesbian and Gay Association) that was also found on the internet. Again answers to the questions were not found so GISH has responded to them.
This paper is a work in progress -- as all research is. It represents the opinions of GISH and does not represent the opinions of the Albanian government or any other organization. The paper will continue to be updated and refined as new information becomes available and others comment and contribute to it.
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Section 1
Penal Right
For our survey we based it on the existing Penal Right of Republic of Albania and the text book of Penal Right of Law Faculties.
Sexual crimes
I. The importance of juridical penal protection of sexual freedom
In our social collocation, the protection of the person, ratified in the Constitution includes also the juridical penal protection of freedom, sexual inviolability of the female (!!!).
The sexual crimes, our people have considered as very heavy crimes, irreconcilable with the concept of honor, moral and respect towards women (!!!). The democratic society conserves and develops those traditions and gives a great importance to the sexual inviolability of the female (!!!).
Pay attention on the old, manipulative and wrongly used language and also the fact that only the protection of females is mentioned without emphasizing the protection and dignity of every physical person, female or male, minor or adult.
II. Understanding of the sexual crimes
With sexual crimes we understand those against law actions, accomplished on willingness that violates the sexual freedom and health of female (!!!) exclusively protected by the penal legislation.
Continues here and until the end the use of the same way of treatment of the matter.
Let’s analyze the articles that foresee these crimes:
1. Article 100. Sexual relations with minors
The accomplishment of sexual relations with a minor that has not reached the age of fourteen or has not reached the sexual maturity is punished on imprisonment from five to fifteen years.
When the sexual relation is accomplished with violence, or when there are caused heavy damages for health, it is punished with imprisonment from ten to twenty years.
When this act caused the death or suicide of the minor, it is punished with imprisonment not less then twenty years.
As we see Art.100 does not foresee the case when the damaged person might be a boy. A case like this is somehow foreseen by Article 116 (see below), “Homosexuality”. However even the Art.116 remains unclear on that matter. We are not given a definition for sexual relations or when these relations go against the law.
Also the subject of the crime might be a man older than 14 years, but a female might collaborated in committing this crime. It is not foreseen the case when the sexual violation is accomplished by one or more females towards a minor (either male or female).
2. Art. 101 Sexual violent relations with minors of age 14-18 years old
The accomplishment of violent sexual relations with a minor that has the age from fourteen to eighteen years old and that has reached the sexual maturity, is punished on imprisonment until ten years.
When to the minor are caused heavy damages for health, it is punished with imprisonment from ten to fifteen years.
When this act caused the death or suicide of the minor, it is punished with imprisonment not less then fifteen years.
While for the minors under 14 years old and that have not reached the sexual maturity the violence is a qualifying circumstance (because even the sexual relations on free will are punished), for the minors that have reached the age of 14 years old and have reached the sexual maturity, violence is a containing element of crime, because without violence there is no crime… This is explained with the fact that the girls are allowed to get married at the age of 16 (according to the old Family Code), so only the use of violence contains crime.
According to the new Family Code approved in October 2003, girls the same as boys have the right to get married after the age of 18, in difference with the previous Code, when the girls had the right to get married after the age of 16 years old. However, as per above is presumed the age of consent is 14 year old. The presume derives by the meaning of this crime, because as it is written explicitly above regarding the Art. 101: “without violence there is no crime”. Also in this Article, subject of crime might be a man that reached the age of 14 but that can have as a collaborator even a woman. As in the Article 100, Article 101 does not foresee the case when the sexual violation is accomplished by one or several women towards a minor (either boy or a girl)...
3. Article 102 Sexual violent relations with adults
The accomplishment of violent sexual relations with a adults is punished with imprisonment from three to ten years.
When to the damaged person are caused heavy consequences for the health, it is punished with imprisonment from five to fifteen years.
When this act caused the death or suicide of the damaged person, it is punished with imprisonment from ten to twenty years.
This crime does not foresee the case when the damaged person might be male, because this case is foreseen in the Article 116, about homosexuality (see below)… The same as in the Articles 100 and 101, in this Article it does not foresee the case when violent crime is accomplished by one or more females towards another female.
4. Article 103 Sexual relations with unable persons
The accomplishment of sexual relations taking advantage by the physical or mental disability of the damaged person that has reached the age of fourteen and the sexual maturity, or by putting her in an unconscious situation, is punished with imprisonment from five to ten years.
When to the damaged person are caused heavy consequences for health, it is punished with imprisonment from five to fifteen years.
When this act caused the death or suicide of the damaged person, it is punished with imprisonment from ten to twenty years.
This crime does not foresee the case when the damaged person might be male, because this case is foreseen only partially in the Article 116, about homosexuality (see bellow)…
Also in this Article, the age of the damaged person is a qualifying element, reinforces the presume about the age is consent because after that age is reached the sexual maturity.
5. Article 104 Sexual relations under the menace of arm use
The accomplishment of sexual relations menacing the damaged person for an immediate use of arm is punished with imprisonment from five to fifteen years.
Also in this case the damaged person is a female and the subject (the perpetrator) of crime is presumed to be only male. It is necessary to foresee also the case when the damaged person might be male, or the case when both the damaged person and subject of crime are females…
6. Article 105 Sexual relations abusing the duty
The accomplishment of sexual relations abusing the reports of dependency or the duty is punished with imprisonment until three years.
Again here the textbook talks only for the case of the female sexually damaged and the male abusing superior, without foreseeing the case when the abusing superior and the damaged person might have the same gender. However, this Article may be used in the cases when the duty abuse is accomplished through having sexual acts between persons with different or same gender. As we see, this Article foresees only the cases when are accomplished sexual acts, but it does not foresee cases of: a) sexual harassment or; b) the remaining in attempt of crime of duty abuse, including the case when the superior and the dependant have the same gender. In the Penal Code it is not defined when we have a) sexual relations (which should not undermine only penetration), b) remained on temptation or c) what is considered sexual harassment. It is self understood that this Article is not executed when the superior and the dependant have reciprocally accomplished sexual relations consciously with their free consent.
7. Article 106 Sexual relations with persons in the same filiations or in custody
The accomplishment of sexual relations between parent and the child, the brother and sister, between other persons that are in the same filiations on the straight line or with persons that are in custody or fostering relation, is punished until with five years of imprisonment.
Object of crime are the juridical relations that assure the sexual freedom of persons that are in filiations or custody between the parent and child and vice versa (son and mother), or other persons that are in straight line of filiations (i.e. between grandfather and granddaughter), or with persons that are in custody relations (tutor with the girl that is in custody), or fostering (the adoptive with adopted), exclusively protected with penal legislation from the criminal actions or inactions. By the containing of the Article is understood that here we are talking about sex relation with adults that has reached the sexual maturity and that are accomplished with the free will of the damaged person.
As we see in the explanation of the object of crime, it is always presumed that sexual relations in filiations are accomplished only between persons with different gender, creating a legal vacuum in the cases when we have sexual relation of same gender within the filiations. However this Article may be used in the cases of same sex relations within the filiations. Such cases are very rare in the Albanian judicial practice, (with or without violence as a qualifying element), not only because those crimes happen seldom, but mainly because in our society those crimes are denounced very rarely. It is necessary that the Police should have an open green telephone line for the citizens, in way to denounce any kind of violence within the family, including the sexual one.
8. Article 107 Sexual acts in public places
The accomplishment of sexual acts in public places or in exposed areas to the look of people it’s a penal delinquency and it’s punished with a fine or until one year of imprisonment.
Even though the Albanian judiciary practice does not have cases of execution of this Article, it is not clear which are the limits of allowance of physical contacts in public and the degree of when these contacts are considered as infraction. It is necessary to define more clearly and modify with what is called as public or private places. Also there are not foreseen the cases of infraction of individual provocative exhibitionism of someone in open public places, regardless the sexual gender that the individual might have, such as it may be: the undressing of sexual parts of body, the sexual self touching or the open provocative masturbation in public.
9. Article 108 Disgraceful acts
The accomplishment of disgraceful acts with persons that have not reached the age of fourteen is punished with imprisonment until five years.
Damaged might be girls and also boys that have not reached the age of fourteen.
By the objective part the disgraceful acts are accomplished with physical or immoral acts towards minors. With disgraceful acts (lat. “luxury”) are understood those manners of pleasure of sexual hedonism that do not contain the elements of another sexual crime. Such disgraceful acts might be i.e. touching the genital organs of persons that have not reached the age of fourteen, aiming the sexual pleasures or rubbing bodies or other forms to get the sexual pleasure in a not natural(!!!) way of sexual pleasuring or against the nature(!!!).
Subject of the crime might be men and women, persons that have reached the age of fourteen and that are responsible.
So there are foreseen also the homosexual cases. The problem in this Article is that there is confusion with Article 100, because it is not clear when the sexual acts are considered: a) complete, b) remained on attempt, or c) are classified in the so called “disgraceful acts”. In the cases when we have the defloration of the minor girl with finger or with tools by an adult contains object of crime where Article 108 is executed with less punishment that the one of Article 100 where the virginity membrane is not crashed but still are considered that there are accomplished sexual acts and it is punished more severely(!!!). Also the use of expressions for the sexual act is emotional, confusing, nonscientific and completely unacceptable for today’s conditions.
It is necessary to complete this Article also for the cases when a) one (or even more) adults pushes, convinces, menaces, stimulates with various ways two or more minors to accomplish sexual relations between them even when the adult might not be direct participant on those acts to satisfy his sexual needs being a voyeur, stimulation and giving instructions; b) should be foreseen in this Article even the case when one (or more) adult shows to one (or more) minors his sexual organs and stimulates him /her (or them) on different ways to touch and massages him for giving to the adult sexual pleasure. Those acts may be very damaging for the normal future behavior of the minors.
III. Acts against morality and dignity
1. Article 113 Prostitution
The execution of prostitution is punished with fine or imprisonment until three years.
Subject of crime is only the woman that executes the prostitution.
This Article is anachronism, because it considers as against the law the prostitution, making Albania as one of the very few countries in Europe that has such law. Again the Article does not contain the cases when we have male or transsexual prostitution that mainly is done in Tirana…
2. Article 114 The exploitation of Prostitution
The push, intercession or taking rewards for the prostitution execution is punished with fine or imprisonment until five years.
The pusher, intercessor, the persons that takes rewards might be either women or men, but also this Article foresees only the case of female prostitution. It is under preparation for approval by the Parliament the draft law that roughens the punishment for those cases, especially for the cases of trafficking.
3. Article114/a The exploitation of Prostitution in aggravating circumstances
a. With minors;
b. Towards several persons;
c. With persons with whom exist close relations of filiations, in-laws, tutorship or taking advantage from official relations;
d. With cheating, pressure, violence or profiting by the physical or mental inability of the person;
e. Towards a person that is pushed or pressed to execute prostitution outside of the territory of Republic of Albania;
f. By criminal organizations;
is punished from seven until fifteen years of imprisonment and confiscation of the tools and benefits.
Also this Article foresees only the case of female prostitution. Meanwhile there are lots of cases of male prostitution (with or without violence) done by Albanian citizens with trafficking or other abuses outside the country (by Albanian or foreigner traficants) by Albanian citizens, some which in very young age. Some of them were minors and beside plea have been exploited by their patrons to accomplish prostitution or have been victims of pedophiles. It is under preparation for approval by the Parliament the draft law that roughens the punishment for those cases, until twenty years of imprisonment.
4. Article 115 Hold of premises for prostitution
The hold, exploitation, finance support, lessing premises for prostitution execution, is punished with fine or imprisonment until ten years.
Subject of crime may be either men or women. Again this Article foresees only the case of female prositution. Also with the need of the abrogation of Article 113 and the legalisation of prostitution, the Article 115 should be abrogated. It should be replaced by another Article that determines clearly the conditions and places where the protitution takes part, the ways of taxing and controlling it by the respective state organs.
5. Article 116 Homosexuality
Homosexual relations when accomplished with violence, with minor persons or persons unable to protect themselves are punished until five years of imprisonment.
With homosexuality we understand the sexual relations against the nature (!!!) between males with or without use of violence.
Object of crime are the juridical relations that assure the social morality exclusively protected with legislation by criminal (!!!)acts and non acts. The sexual relation against the nature (!!!) between a man and a woman, or between a woman and woman, do not contain a crime figure and do not bring any penal responsibility according to this disposition.
By the objective part this crime is accomplished with actions through sexual relations against nature (!!!) between the active homosexual (pederast) and the passive, which are punishable morally and penal (!!!). The first disposition foresees the homosexuality accomplished with violence or against a minor under fourteen, the act will be qualified by the Article 116. Te crime is considered accomplished when is verified the act of sexual relations between the males. The meaning of violence and of the unable persons to be protected is equal to what has been given by the pervious Articles.
Subject of crime of homosexuality (pederasty) (!!!) are only male persons, only the active pederasts, in opposite with the previous Penal Code, according to which were penalized also the passive pederasts. As boosters might be also women.
By the objective part the crime is accomplished with direct will. The aim of profit is not indispensable element of the crime figure and does not present any importance for the juridical qualification of crime.
The used language is insulting and denigrating for this category of people. The violence is a qualifying element. In Albanian legislation the age of consent for sexual relations of the same gender is the same as for sexual relations of different genders: it is 14 years old. There should be foreseen legally the punishments for the cases when the violent homosexual relations with minors or even adults have caused health and psychological proven damages. Also there should be foreseen a more severe punishment when as result of these damages came the death or suicide of the damaged person (similar to the cases foreseen for the crimes towards females as are foreseen in the Articles 100, 101, 102). .
6. Article117 Pornography
The production, distribution, advertisement, import, sale, edition of pornographic materials in the surroundings where stay the minors constitutes a penal delinquency and it is punished with fine or imprisonment of two years.
The main problem to resolve in today’s situation when newspapers, magazines, other editing, film shows have pornographic contain is how to execute this norm of Penal Code, because it goes against the objective reality.
The way of solution of this situation is to determine rules by the State on which materials or editing will be considered pornographic and will be prohibited to circulate, to sale, distributed, advertised, imported, registered etc.
Without state rules, this disposition will remain unexecuted and it’ll have big consequences for the minors.
The Article is deeply anachronism and so the clarifying used language. It is very necessary to change it and to determine clear rules of the ways and places of circulation of pornographic materials. Also should be determined the minimum age of youngsters that can buy and use those materials. In most of European countries the allowed age starts from the age of 16. Also the distribution and sale of such materials to the minors and especially nearby their education institutions should be more severe then two years. Also there should be foreseen as a crime the production and show of pornographic materials that contains pedophilia in private premises and on public places, media or Internet. Those crimes should be considered as heavy crimes and foresee a severe punishment. It is necessary to fulfill immediately this legal vacuum.
WORK RIGHT
By the Code of Work we have taken for discussion as follows below:
Article 9
Prohibition of discrimination
a. Is forbidden any kind of discrimination on the field of employment and of profession.
b. With discrimination is understood any distinction, exclusion or preference that is based on race, color, sex, age, religion, political convenience, national origin, social origin, family connection, physical or mental deficiency that reduces the rights of the individual to be equal on employment and treatment. The distinctions, exclusions or preferences that are required for a specific place of work is not considered as discrimination. The special protective measures for the Employers foreseen by this Code with decision of Council of Ministers or with collective contracts are not considered as discrimination.
c. With employment and profession we understand the orientation and the professional formation, the employment and on different professions and the conditions of employment regarding to the distribution of work, the accomplishment of it, the salary, social work, the discipline or the end of the work contract.
What should be completed in this Article is mentioning of Sexual orientation among others.
The protection of personality
Article 32:
1. The Employer respects and protects in the working relations the personality of the employee.
2. He should prevent any behavior that lowers the dignity of the employee.
3. To the Employee is forbidden to accomplish any action that contains sexual harassment and does not allow such actions by the employees.
With sexual harassment we understand any disturbance that evidently damages the psychological situation of the employee cause of sex.
The Obligation
Article 33
The Employer during the work relations should not collect information regarding the employees, despite the cases when this information are regarded to the professional abilities of Employees or are necessary for the execution of the contract.
Equality on salary between the genders
Article 115
1. The Employer gives the same salary to women and men that accomplish the same equal value of job.
2. It is not considered as discriminating, the differences on payment that are based on objective criteria regardless by gender, such as quality and quantity of work, professional qualification and experience on work.
3. When the employee presents serious data that undermine the existence of discrimination, the employer is obliged to prove the opposite.
4. The discrimination is eliminated when the employer gives to the discriminated employee a compensation that includes all the advantages that has employee of the other gender.
Like in the previous Articles, what should be completed in this Article is mentioning the Sexual orientation among others.
Terminating the contract with unjustified reasons.
Article 146
1) The termination of the contract is considered with unjustified reasons when:
…
c. are done for causes that are undividable by the personality of the employee, but that are not legitimately related to working relations. As such are considered the race, color of skin, gender, age, civil state, family obligations, pregnancy, religious faith, nationality, social status.
Like in the previous Articles, what should be completed in this Article is mentioning the Sexual orientation among others.
Section 2
Situation of Lesbians and Gays in Council of Europe Member States
Questionnaire of Council of Europe sent to Parliamentary National Delegations
GISH made a research on the Internet and found this questionnaire. We are not aware if the Albanian Parliamentary Delegation at the Council of Europe, has ever replied the answers. Below are our modest opinions on the possible answers to the questions…
P.S. In the whole research below our answers and comments are written in Italic, colored blue.
We would be very grateful if you could reply to the following questions.
In the case of an affirmative answer to questions 1, 2.b, 3, 4 or 5 or a negative answer to questions 2.a, 6 or 7, please provide the text of the applicable paragraphs in the legislation or regulations (in your own language and translated into English or French), or in the case of a court judgment, the title of the case. If there are any statistics for the number of persons affected annually by the legislation or regulations in question, please provide them.
1. Sexual offenses law
Do your country’s sexual offences laws contain specific provision in respect of same-sex sexual acts that do not apply equally to opposite- sex sexual acts?
- NO
Please give specific consideration to such areas as the age of consent, definitions of what constitutes a private or public place, and concepts which feature in some jurisdiction, such as “affront to public decency:, “Public scandal”, and “seduction”.
- The age of consent is 14 years old for heterosexual relations and for those of same gender. Since year 2001 there is no discrimination on age of consent.
- The Penal Code of Republic of Albania, partially gives the meaning of what is considered public place (see the explanation below at the Penal Code) „The accomplishment of sexual acts in public places“ with it „meaning i.e streets, open park, exposed to public view the look of people, on the public beaches, in the gardens of the buildings or dormitories etc“. Also the Code sidelongly determines the definition of what is a private place, defining only the dwelling: „with dwelling we understand the place where the person inhabits permanently or temporary. As such are: houses or apartments, where the person lives on lease, or the room where inhabtis in the hotel etc.“.
- This Code does not mention definitions about „seduction“ and „public scandal“. Regarding the „affront of public decency“ there are not claryfied the allowed limits of the physical contacts in public (see Art. 107 of Penal Code).
2. The Armed Forces
b. Are lesbian, gay or bisexual people allowed to serve in the armed forces.
The Albanian Legislation excludes the transexuals and hermaphrodits from serving in the armed forces.
c. Are there restrictions with regard to the positions they may hold?
- NO, the Legislation does not mention any such limitation, but it does not have any antidicrimination laws that protects these people’s place of work, making a carrier, in the equal chances of employment, enjoying at the same time freely their sex life.
3. Employment
Are lesbian, gay or bisexual people excluded from employment in any particular field?
- NO, explicitly in legislation there is no mention such thing, but in practice the LGBT persons are not protected towards prejudice of the Employers for equal rights of employment.
Please give particular consideration to the following areas: the judiciary and the legal profession, the police, the teaching profession.
- There is no limitation for employment of LGTB people in the mentioned above fields, but there is no protection either against their discrimination at work, on carrier, on equal chances of employment or in their every day life.
4. The medical definition of homosexuality
Is homosexuality officially classified as an illness in any law or regulation?
- NO, homosexuality is not officially classified as an illness, but in the Penal Code (See Art. 116) and in the Legal Medicine, the homosexual relations are considered as against the nature... Also there is no antidiscrimination protection on their equal medical treatment.
5. Asylum
Is “sexual orientation” recognized as a ground for membership of a particular “social group” in defining refugee status under the 1951 United Nations Convention?
Alternatively do you afford asylum to lesbian, gay and bisexual refugees under some other humanitarian status?
- Albania had signed this Convention, so far Albania has not recognised or denied the right of refugee status to foreign citizens or apatrids (people without official citizenship) based on their „sexual orientation“. The Albanian Legislation does not recognise or deny the right of refugee status for the foreign citizens or persons without citizenship (so it simply does not mention anything), based on their „sexual orientation“. For further details see the reports of IOM Mission in Albania.
6. Adoption and fostering
a. Second parent adoption
May the same partner of a woman or man who has a child adopt that child?
- NO, partnership between people with the same gender is not recognised, so same partner has no legal rights or obligations towards his/her partner’s children.
b. Fostering and adoption (where the child is not related biologically to either partner )
May lesbian and gay foster or adopt children:
i. As individuals?
- YES, The Family Code gives the right of adoption and fostering to every citizen that fulfills the required conditions and it does not mention any special restrictions for LGTB persons.
ii. As couples?
-NO, as we mentioned above, same-sex partnership is still not legalized.
7. Reproductive rights
May lesbian conceive children by donor insemination either as a single person or within the context of a lesbian partnership:
i. Without medical assistance?
- NO, generally the Albanian Legislation does not mention anything about insemination either by donor or artificial. It is neccessary the completion in general of the legislation and specially for the lesbian women...
ii. With medical assistance?
- NO, for the reasons mentioned above. There has been artificial conception of children thorough a medical assistance in Gynecological –Obstetrical Hospital of Tirana, but the legal vacuum still remains. It is necessary to include within the legal frameworks the right of sperm bank, the right of same gender couples to have children (by artificial conception) and the legal regulation of the relations with the other natural parent of those children.
Albania is one of the countries that discriminate on the basis of age regarding the consent for sexual activity with the same sex.
Albania: Age of consent
Female-female Male- Male Opposite sex Custodial penalties Section of Penal Code
14 14 14 Up to 5 years Art. 116
Section 3
Report of ILGA for the situation of LGTB people in Albania
This is the report of ILGA (International Lesbian and Gay Association) that we found on the Internet.
Before 1995 homosexuality was illegal: Article 137 of the Penal Code read simply: "Homosexuality is punishable by: up to ten years of imprisonment". In the summer of 1994 the Albanian government put forward a draft penal code under which homosexuality would have remained illegal, but with the maximum sentence reduced to three years. A campaign by the Gay Albania Society within Albania, and international pressure orchestrated by ILGA, in which the Council of Europe played an important role, led to the withdrawal of this draft law, so that from 1995, consensual homosexual acts between adults became legal.
The abrogation of Article 137of Penal Code and legalization of sexual relations of the same gender was done by the Albanian Parliament on January 20, 1995.
On June 05, 1995 the first gay organization was officially recognized, “Shoqata Gay Albania”.
Below are matters on the report of ILGA that were mainly empty.
Anti-Discrimination and Anti-Vilification Legislation
Anti-discrimination laws and cases: There is not any yet but it is being prepared by the Albanian Human Rights Group and with assistance of the Albanian and Swedish Helsinki Committee.
Anti-vilification laws and cases: The Penal Code of RA penalizes defamation, (Article 120), insult (Article 119), the right of noninterference on private life (Article 121), and conspiracy of correspondence (Article 36). For vilification, in some cases Article 122 might be used, for “the diffusion of personal secrets” (for further details see the Penal Code). The judicial practice has not faced such cases.
Employment protection laws and cases: In the Code of Work, there are no specific Articles that protect the employment rights for LGTB citizens, for avoiding and/or compensating unjust dismissals or being fired from work on discriminatory bases for LGTB people (for more details see below the Code of Work).
The legal fields where should be done an interference for the partnership, so where the partners can and should benefit from each other are: Inheritance laws of partner, Domestic partnership employment benefits, Social welfare, Succession rights in housing, Adoption and fostering, Parenting rights for non-biological partner, etc.
The custody of own children: There are not foreseen special cases or any limitation. In the case of the divorce, if one of the consorts is causing the divorce then this might give more rights to the other consort. These rights and benefits are bigger on division of the common properties created during the marriage and for the children’s custody. So if being homosexual of one of the consorts is the cause of the divorce, the division of the common property and the custody of children are exposed to the emotive behavior of the judge…. It is necessary the fulfillment of the Family Right in this case.
Are this country’s LGBT citizens accepted for asylum by other countries? One Albanian gay man is known to have been granted asylum by the US. Today, because homosexuality is not legally persecuted, being LGTB is not a condition for Albanian citizens to gain the status of asylum.
*Transgender Rights: the only other Council of Europe nations that do not recognize gender switches are Albania, Andorra and Ireland.
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