UPR Sexual Rights Database

National Report:
Para 71) The law "On Civil Status" (2009) provides administrative solutions to cases of born and unregistered children and avoids new cases of non-registration. A financial contribution, is granted to parents, to encourage the children registration.

Para 72) In 2011, a cooperation memorandum was signed with NGOs to facilitate registration procedures of births taking place abroad, through the consular services. The Ministry of Health has approved the new template of birth certificate in maternities.

Para 73) In 2012, have been adopted procedures for registering abandoned and unregistered children by in by representatives of state police and municipalities/municipality units/communes, structures.

Para 74) During 2010-2011, there have been registered 550 cases, 270 children were registered in 2012, 40% of whom belongs to Roma community and 70 cases are in process.

Para 75) Regarding the cases of declared births in Roma community, the relevant structures have cooperated with NGOs, which cover the financial costs to provide documents or to attend a judicial process.

National Report:
Para 84) Law "On the Protection of the Rights of the Child" aims at improving the system of child protection and provides for measures guaranteeing the life, upbringing and development of the child through the coordination of all actors. This law defines the monitoring mechanisms for the implementation of law, responsibilities of central and local government, the setting up of responsible institutions and administrative sanctions for cases of violation of child rights. Further, it provides for the protection of children from trafficking and from any form of exploitation and sexual ill treatment.

Para 85) The Criminal Code provision on the offence of pornography is amended by adding new elements and making the punishment more severe. Regarding the offence of "trafficking in human beings" two provisions are added "Profiting or using services provided by trafficked persons" "Actions that facilitate trafficking" where more severe punishments are envisaged if these offences are committed against children.

National Report:
Para 51) Legal and institutional framework in the field of trafficking is improved, and includes amendments to the Criminal Procedure Code (Law 35/2017) and an improved position and access to the criminal process for the victim. Law ‘On Social Care Services’ places a requirement on all institutions responsible for treatment of a trafficked persons to take all specific measures and actions for their assistance and support, in order to find a lasting solution. Law ‘On State Police’ provides for additional safeguards for the protection and comprehensive support for victims of trafficking, especially women and children. Para 52) The National Strategy on the Fight against Human Trafficking 2018-2020 is organised around four main pillars (investigation and criminal prosecution, victim protection and assistance, prevention, and coordination), with a budget for its activities. The Cross-sectoral Strategy on the Fight against Organised Crime, Illicit Trafficking and Terrorism 2013–2020, increasing the efforts in the fight against trafficking of persons. Strengthening international and inter-institutional cooperation with all stakeholders, in particular with the Serious Crimes Prosecution Office, which deals with trafficking cases of women, vulnerable groups and children.

UN Compilation:
Para 19) The Committee on the Elimination of Racial Discrimination welcomed the National Strategy on the Fight against Human Trafficking for 2018–2020,49 but was concerned that Roma and Egyptian women and children were disproportionately overrepresented among victims of trafficking. CEDAW was concerned that Albania remained a source and destination country for trafficking in women and girls, especially for trafficking linked to tourism in coastal areas.

Stakeholder Summary:
Para 13) In 2016, the Council of Europe Group of Experts on Action against Trafficking in Human Beings (CoE-GRETA) … … referred to a surge in the number of female victims of trafficking for the purpose of sexual exploitation and child victims trafficked for the purpose of sexual exploitation and/or begging during the tourist season.

National Report:
Para 38) Zero Tolerance of Violence against Women and Domestic Violence is a motto of the Albanian government. Law 47/2018 “On Measures against Violence in Family Relations’ has been amended to ensure compliance with the CoE Convention on preventing and combating violence against women and domestic violence, and the Convention on the Elimination of All Forms of Discrimination against Women. Several protection measures, particularly related to domestic violence, included in Law 18/2017, are: prevention and reduction of cases of domestic violence; prediction of the preliminary emergency protection order; participation of the psychologist and the preparation of a report to the police: increasing the efficiency and cooperation of the responsible structures; increasing qualified judicial support for victims of domestic violence.
Para 39) On December 2017, the Assembly of the RoA approved the Resolution "On combating violence against women and girls and increasing the effectiveness of legal mechanisms for its prevention", and established the Permanent Parliamentary Subcommittee on Gender Equality and Prevention of violence against women.
Para 40) Amendments of the Criminal Code, recognising domestic violence, sexual violence, engagement in sexual activity by use of force between spouses or cohabitants and enforced disappearance against pregnant women, children and unprotected persons as a criminal offence.
Para 41) Law "On legal aid", which entered into force on 1 June 2018, provide access to justice for individuals with economic difficulties including disadvantaged groups. The law defines conditions, procedures and rules on administration of legal aid guaranteed by the state, equal access to the justice system, professional legal aid, and state institutions responsible for administering legal aid. This law provides as beneficiaries of stateguaranteed legal aid regardless of their income and property, expressly victims of domestic violence, sexually abused victims and victims of trafficking in human beings, to other categories such as child victims and juveniles in conflict with the law, persons in social care, persons without legal capacity to act and victims of discriminatory behavior.
Para 42) Law No.22 / 2018 "On Social Housing", with regard of social housing programs provides for priority in terms of securing social housing victims of domestic violence, victims of trafficking and potential victims of trafficking.
Para 43) The National Strategy on Gender Equality and Action Plan 2016-2020 provides specific objectives, indicators and budgets for each activity. The National Strategy and Action Plan on Gender Equality 2016–2020 provides for a comprehensive multi-sectoral response to gender-based violence and domestic violence and contains several measures on preventing and addressing violence against women, children and supporting the women and child victims. Para 44) National Referral Mechanism (NRM) for cases of violence in family relations was established at the local level in 60 municipalities (out of the then total of 61 municipalities), as well employees for gender equality, with the role of local coordinators against domestic violence. Since 2016 are adopted standards of services for victims of domestic violence. There is need for a multidisciplinary, rapid and effective approach, for national and local government units' awareness on budgeting of gender priorities, applying for funding to provide social services for victims of domestic violence.
Para 45) The State Police has established a telephone service number 129 or 11 for all emergencies which operates 24 hours in 7 days. Since 2017, the Free Counselling Line 116- 117, is offering free of charge primary service of psycho-emotional support, counselling and assistance for the referral of violence, in a secure and confidential environment. National service counselling standards for victims of domestic violence were adopted.
Para 46) An increase in reporting and cases management, particularly in cases of domestic violence, has been evidenced by the State Police. During 2016–2018, there are in total 13661 cases of domestic violence: 6187 claims for Emergency Protection Orders and Protection Orders (EPO / PO-7837 women and girls identified as victims of violence. 7847 lawsuits for EPO/PO.
Para 47) According to the General Prosecution Office, in relation with criminal offense "Domestic Violence" from 2016–2018, the number of recorded criminal proceedings is: 3566 cases, with an increase of percentage year by year. The Prosecution Office submitted before the court over 79% of the criminal proceedings cases.
Para 48) An online registration system on statistical data on domestic violence at the local level is operational. National Data System on domestic violence cases at the local level (REVALB) is used by 22 municipalities. Local violence coordinators in each municipality collect data on cases identified and addressed by the Referral Mechanism for Addressing Cases of Domestic Violence (Referral Mechanism). The system registers every case of violence identified and addressed by the local referral mechanism.
Para 49) There are 6 non-public centers providing residential services (2 in Tirana, 1 in Berat, 1 in Korca, 1 in Elbasan, 1 in Vlora). In December 2018, was opened a Crisis Management Center for Victims of Sexual Violence “Lilium Center”, at the premises of the Tirana University Hospital Center "Mother Theresa". This Center provides 24/7 integrated services to victims of sexual violence by a multidisciplinary team. Standards of this Center were approved by Instruction of the Minister of Health and Social Protection in November 2018.
Para 50) The awareness raising activities have been organized by the Ministry of Health and Social Protection within “the 16 days of activism against gender based violence and domestic violence” (25 November-10 December yearly), in close cooperation with line ministries, civil society organisations, international organizations.

UN Compilation:
Para 29) The United Nations country team noted that legislation on gender equality, nondiscrimination and domestic violence had improved, and that Albania was implementing the third National Strategy on Gender Equality for 2016–2020. CEDAW welcomed the amendment to the Labour Code that defined and reversed the burden of proof in cases of sexual harassment, …
Para 30) The United Nations country team noted that the amendments made in 2018 to the law on measures against domestic violence had improved the legal definition of domestic violence, … CEDAW was concerned about the prevalence of gender-based violence, the low rate of reporting of cases of gender-based violence against women, the insufficient implementation of the national referral mechanism, the insufficient number of shelters for victims of gender-based violence and the restrictive criteria for admission to those shelters, and the frequent failure to enforce protection orders and emergency protection orders. The country team made similar observations and highlighted that women from disadvantaged groups faced additional barriers to accessing services.

Stakeholder Summary:
Para 15) Joint Submission 2 (JS2) reported that the Criminal Procedure Code was amended by Law no. 35/2017 and for the first time stipulated the procedural rights of victims of trafficking and sexual violence. It stated, however, that the country’s legislation did not guarantee the victims’ compensation. Under the Criminal Procedure Code, the State had the sole and exclusive ownership over the assets obtained through the seizure of criminal proceeds.
Para 26) JS5 reported that domestic violence remained a widespread problem in Albania and exceeded all other crimes as the offence with the largest number of victims.78 It stated that there had been an increase in the number of prosecutions for repeat offenses and for violating civil orders for protection.
Para 27) JS5 and JS2 reported that the recent amendments to the Law “On measures against violence in domestic relations” 7/2018, for the first time, provided for Emergency Protection Orders by the State Police. JS5 also reported that article 130/a of the Criminal Code defined domestic violence, but did not cover current or former partners where the victim and perpetrator were not married or did not live together. Both, JS5 and JS2 reported that the Law “On Free Legal Aid provided by the State” 111/2017, which provided the right for victims of domestic violence to obtain legal assistance, had not been fully implemented.
Para 29) According to JS5, victims of sexual violence received little protection and few services as the country did not have rape crisis centers or sexual violence referral centers. Victims also faced problems accessing short-term housing with the number of shelters in the country and their capacity being insufficient.
Para 30) JS5 further observed that the number of protection orders increased by one third due to increased awareness by victims of domestic violence, as well as the increased accountability of responsible institutions in addressing domestic violence. JS5 noted that courts dismissed an alarming number of protection order cases mostly because the petitioner had asked to withdraw the request or because the offender had failed to show up to the court hearing or following reconciliation.