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.

UN Compilation:
Para 32) [CEDAW] noted with concern that only a small percentage of women in the country owned land, and that Law No. 33/2012, which provided for joint ownership by both spouses of property acquired during marriage, was not being implemented effectively.

National Report:
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.

Stakeholder Summary:
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.

National Report:
Para 35) A new Code of Administrative Procedures (Law 44/2015) was approved by the Assembly of the Republic of Albania on 30.04.2015 and entered into force on 28.05.2016. An important step is the provision related the reverse of the burden of proof in matters of discrimination. The public body should be guided by the principle of equality and antidiscrimination for grounds provided by law, including gender and gender identity.
Para 120) The National Action Plan for Non-discrimination on the Grounds of Sexual Orientation and Gender Identity 2012-2014 and the National Action Plan for LGBTI Persons 2016-2020 foresee several measures to address discrimination and integration of these groups. The strategic goals are: Improving the legal and institutional framework, as well as raising awareness on non-discrimination and protection of LGBTI people's rights, in line with international standards; Elimination of all forms of discrimination against the LGBTI community, through capacity building of law enforcement structures; Improving access to employment, education, health, housing and sports for LGBTI persons, while guaranteeing their equal opportunities.

UN Compilation:
Para 6) The United Nations country team noted that despite legal developments to promote non-discrimination, discrimination against lesbian, gay, bisexual, transgender and intersex persons persisted, including denial of their right to marry and have a family, the right to gender reassignment surgery for transgender persons, and the right to self-determination in relation to bodily integrity for intersex persons. The country team also noted that there was an urgent need to improve the range of and access to high quality sexual and reproductive health services for lesbian, gay, bisexual, transgender and intersex persons. It recommended that Albania enforce the current legislation and national action plan and improve access to sexual and reproductive health services. 13 The Office of the United Nations High Commissioner for Human Rights reported that it had led the “free and equal” campaign to promote equal rights for and fair treatment of lesbian, gay, bisexual, transgender and intersex persons, through the media and national events.

Stakeholder Summary:
Para 5) Joint Submission 3 (JS3) stated that Article 18 of the Constitution included the grounds for prohibition from discrimination and did not include sexual orientation and gender identity as a prohibited ground for discrimination. It noted the adoption of the 2015 resolution by the Parliament “On protection of rights and freedoms of persons belonging to the lesbian, gay, bisexual and transgender (LGBT) community in Albania” , of the LGBTI National Action Plan for 2016-2020, and of the 2015 amendments to the Labour Code prohibiting discrimination in employment and professions on the grounds of sexual orientation and gender identity. S3 reported, however, that the Family Code defined marriage only between a man and a woman, and did not guarantee the right of LGBTI couples to adopt or have children via artificial insemination, limiting patrimonial rights. Despite the development of a manual on detecting hate crimes on grounds of sexual orientation and gender identity, and of a series of trainings for police officers, JS3 observed that the police force remained largely untrained and uninformed on LGBTI rights. The number of reported hate-crime cases on the ground of sexual orientation and gender identity was very low and data collection on hate crimes was still lacking. JS3 also noted the reported frequent use of homophobic slurs and bullying against LGBT students in schools, while school psychologists largely ignored the requests for support and, in some cases, offered conversion therapies. JS3 further noted that transgender students were forced to drop out from schools because of isolation and discrimination.

Stakeholder Summary:
Para 20) JS7 reported that LGBTI persons lacked full access to healthcare and experienced poor quality of service due to discrimination, stigmatization and negative attitudes. JS3 specified that transgender persons faced discrimination or refusal of services from health professionals on the grounds of their gender identity, and that there were no medical multidisciplinary team working with intersex babies nor written protocols for establishing intersex diagnosis.

National Report:
Para 116) During this period, awareness raising campaigns were conducted to elimination gender stereotypes, to increase the political and public decision making of women and her economic empowerment; national conferences, meetings, programs with the electronic media, fairs with works of girls and women were organized; awareness raising materials are developed; posters, TV spots etc. An increased awareness by both state structures and society about gender issues is observed.

Para 117) Activities organized to prevent trafficking aim to raise the awareness of the public and groups most at risk, such as children, youth, marginalized groups etc. Manuals, leaflets and brochures are published and distributed to prevent trafficking. TV spots, documentaries, TV and radio programmes are broadcasted. Seminars with the electronic media are organized and written regarding issues of trafficking in human beings. Topics related to trafficking in human being, issues about child protection, child rights, gender equality, domestic violence and sexual education are part of the curricula to raise the awareness of children and youth.