| For a summary of Albania’s review at the first cycle please click here. |
19th UPR session
Date of review: 28 April 2014
Date of report adoption: 4 July 2014
Document number: A/HRC/27/4
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SUMMARY SOGIESC issues during Albania’s 2nd UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Equality and non-discrimination
6. Joint Submission (JS)2 stated that the Government’s Plan of Measures against discrimination based on sexual orientation and gender identity had brought together, in the last two years, several ministries, organizations working on the rights of lesbian, gay, bisexual and transgender (LGBT) persons, the People’s Advocate, the Commissioner for Protection from Discrimination and the international community in an effort to effect positive changes regarding the rights of LGBT persons. The political parties, on the other hand, had shown diverging trends in their approach towards LGBT persons. During the 2013 parliamentary elections campaign two political parties publicly opposed the rights of LGBT persons. JS2 noted other similar cases of discriminatory speech in the media.
Right to privacy, marriage and family life
36. JS2 stated that the Family Code prohibited marriage between people of the same sex. LGBT persons could adopt a child as individuals but not as a couple.
II. Excerpts on SOGIESC issues from the national report
4. Amendments to the Penal Code during 2012–2013 are in compliance with the obligations deriving from the international Conventions where Albania is a party, with the Law “On Protection from Discrimination” and with the legal practice of Constitutional Court, namely:
[…]
Amendments to the Code envisage gender identity and sexual orientation as aggravating circumstances when committing offences and provide for severe punishments for cases of discrimination on the above grounds. Moreover, the criminal offences on “inciting hatred and conflict” and “denying equality of citizens” were amended by including sexual orientation and gender identity.
5. Law “On Protection from Discrimination” (approved in February 2010) regulates the implementation and respect for the principle of equality related to gender, race, color, ethnicity, language, gender identity, sexual orientation, political, religious or philosophical beliefs, economic condition, educational or social status, pregnancy, parental affiliation and responsibility, age, family or marital status, civil status, residence, health condition, genetic predispositions, disability, membership to a certain group or any other reason by sanctioning the prohibition of discrimination on the above grounds.
8. Furthermore, a series of strategies and action plans have been adopted, reviewed and implemented, namely: […] Action Plan for Nondiscrimination based upon Sexual Orientation 2012-2014 etc.
III. Excerpts on SOGIESC issues by UN agencies
Equality and non-discrimination
10. The HR Committee noted the 2013 amendment of the Criminal Code, widening protection against discrimination on the basis of sexual orientation. However, it was concerned at stereotypes and prejudices against lesbian, gay, bisexual and transgender (LGBT) persons and negative statements by public officials against them. CEDAW called on Albania to implement fully the Law on Protection from Discrimination in relation to discrimination based on gender identity and sexual orientation.
IV. References to SOGIESC issues during the Working Group review
20. In addition to the legal measures adopted to combat discrimination, Albania had developed a plan for 2012-2014 to address discrimination on the grounds of sexual orientation and gender identity. It included guidance and directions for educational institutions with a view to creating a safe environment in schools, in which there would be no intolerance or social exclusion on the grounds of sexual orientation and gender identity.
49. Belgium welcomed the broadening of protection against discrimination based on sexual orientation and the introduction of the national strategy for gender equality.
64. The Commissioner for Protection from Discrimination had examined complaints alleging discrimination based on sexual orientation or gender identity and had initiated an ex officio investigation in that field. The delegation provided information on the Commissioner’s decisions and the sanctions imposed, and on training and outreach activities across the country. The Commissioner’s competencies covered the private as well as the public sector.
76. Ireland welcomed progress, including in protecting the rights of lesbian, gay, bisexual and transgender persons, and asked about the implementation of the previously accepted recommendation to educate police officers on sexual orientation issues.
83. Montenegro […] highlighted the appointment of the Commissioner for Protection from Discrimination and the adoption of the Law on Protection from Discrimination. It noted efforts to protect women from violence and integrate Roma minorities and LGBT persons.
85. The Netherlands welcomed Albania’s commitment to promoting equal rights for lesbian, gay, bisexual and transgender persons and preventing discrimination, and hoped that would lead to legislative amendments regarding gender identity, gender expression and hate speech
89. Portugal welcomed Albania’s extension of a standing invitation to special procedures of the Human Rights Council. It noted the 2013 amendment to the Criminal Code to widen protection against discrimination on the basis of sexual orientation.
101. Albania had joined the global fight against discrimination on the basis of gender and sexual orientation, and measures were being implemented in collaboration with relevant government structures, civil society, international organizations, academia and independent institutions, including legislative review, public awareness activities, and capacity-building among police, social workers and health workers. Awareness-raising activities had previously taken place during the week against homophobia, which had resulted in increased public awareness. There were proposals to amend the Family Code concerning cohabitation for lesbian, gay, bisexual, transgender and intersex persons, and to amend the Labour Code to broaden the concept of non-discrimination on the basis of sexual orientation and gender identity in matters of employment and vocational training.
V. Conclusions and/or recommendations
Albania accepted the following recommendations:
104.38 Study the possibility of strengthening the measures to fight discrimination, in order to eradicate the trend and/or the dissemination of stereotypes that lead to discrimination on the grounds of sexual orientation (Argentina);
105.13 Intensify efforts in the fight against all forms of discrimination, in particular against lesbian, gay, bisexual, transgender and intersex persons and minorities, by fully implementing the Law on Protection against Discrimination (France);
105.14 Continue to take steps to fully implement the Law on Protection from Discrimination in relation to discrimination based on sexual orientation and gender identity (Portugal).
VI. Further information
You will find all documents relating to Albania’s second review at UPR-Info and OHCHR’s websites.