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Recognition of same-sex unions in Albania

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Part of the LGBT rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
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Albania does not recognize same-sex marriages or civil unions. A bill to legalize same-sex marriage was introduced to Parliament in 2009 with the support of Prime Minister Sali Berisha, but was never put to a vote.

Civil unions

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Albania does not recognize civil unions (Albanian: bashkim civil, pronounced [baʃˈkim tsiˈvil]) which would offer same-sex couples a subset of the rights, benefits and obligations of marriage. In June 2020, the European Commission against Racism and Intolerance noted that the absence of legal recognition for same-sex couples "could lead to various forms of discrimination and should be rectified", advising the Parliament of Albania to pass legislation recognizing same-sex partnerships.[1] Albania is obliged under the European Court of Human Rights' ruling in Fedotova and Others v. Russia to provide legal recognition to same-sex unions. In January 2023, the Grand Chamber ruled that Article 8 of the European Convention on Human Rights, which guarantees a right to private and family life, places a positive obligation on all member states of the Council of Europe to recognize same-sex partnerships.[2]

Same-sex marriage

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Background

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Laws regarding same-sex partnerships in Europe¹
  Marriage
  Civil union
  Limited domestic recognition (cohabitation)
  Limited foreign recognition (residency rights)
  Unrecognized
  Constitution limits marriage to opposite-sex couples
¹ May include recent laws or court decisions that have not yet entered into effect.

During communist rule, cohabitation between unmarried partners was outlawed and marriage was strongly encouraged as "the legal basis of creating a family". Homosexuality and same-sex unions were outlawed in Albania until 1995, three years after the end of communist rule.[3] The Constitution of Albania, ratified in 1998, does not explicitly forbid the recognition of same-sex marriages. Article 53 states that:

Everyone has the right to marry and have a family. Marriage and family enjoy special protection of the state.[a]

Article 7 of the Family Code of Albania states that "marriage is contracted between a man and a woman who have reached the age of 18 years."[5] Prime Minister Sali Berisha announced in a cabinet meeting on 29 July 2009 that the Council of Ministers would push for a bill to recognise marriages between partners of the same sex. He said that the bill had already been introduced to the Parliament of Albania.[6][7] On 5 February 2010, the Albanian Parliament passed an anti-discrimination law banning discrimination on the grounds of sexual orientation.[8][9] Gay rights groups praised the new law but said they hoped that Berisha would eventually keep his promise on legalising same-sex marriage.[10] Igli Totozani, the People's Advocate, announced in October 2013 that he would be drafting a bill on changes to the Family Code to legalise same-sex marriage.[11] In April 2018, the new People's Advocate, Erinda Ballanca, expressed her support for same-sex marriage and pledged to support LGBT rights.[12] As of 2024, no change has happened, with LGBT activists criticising the legislative inaction.[13]

The proposal to legalise same-sex marriage in 2009 was widely condemned by Albania's largest religious denominations, with spokespeople from the Muslim and Catholic communities calling it a "sham" and "unacceptable".[14] In January 2024, the Albanian Orthodox Church released a statement condemning same-sex marriages, stating that "the perpetuation of humanity had been based on two sexes and their union" and calling it "a clash with the natural order".[15]

On 19 May 2024, a lesbian couple, Alba Ahmetaj and Edlira Mara, held a marriage ceremony on the roof of the office of Mayor Erion Veliaj in Tirana.[16] The marriage was officiated by two British priests. Although it lacks legal recognition, the marriage was described in the media as the "first same-sex marriage in Albania". The couple also filed a formal application for a marriage license two days prior, saying, "Our request for a declaration of marriage symbolizes the first link in a long and difficult, but above all just, struggle. We are determined to follow the legal path and respect the procedures and institutions of our country, challenging the discriminatory content of the Family Code, to seek the recognition of our right to marry, equally with every other couple in Albania."[17][18][19]

Court cases

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In 2017, Kristi Pinderi, executive director of the organisation PRO LGBT, announced his intention to file a lawsuit seeking the recognition of same-sex unions.[20] In 2022, activist Xheni Karaj echoed plans to achieve legal recognition of same-sex relationships through the courts; "We tried this way of changing the Family Code before, but we have seen that there is no political will to move it forward, and since we see that there is no political will, we are thinking of using the path of strategic litigation. This is a path where a couple or several couples belonging to the community follow the legal path and go through all the judicial stages in Albania – and then take the case to Strasbourg, as many other countries have done before.", said Karaj.[21]

Public opinion

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A December 2022 Ipsos survey showed that 26% of Albanians considered same-sex marriage "acceptable" (16% "completely" and 10% "mainly"), while 70% considered it "unacceptable" (66% "completely" and 7% "mainly"). This represented a large increase of support from 2015 when 10% of Albanians supported same-sex marriage. With regard to special rights, 66% of respondents supported the right of same-sex couples to receive survivor pension benefits in case of the partner's death.[22]

See also

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Notes

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  1. ^ In Albanian: Kushdo ka të drejtë të martohet dhe të ketë familje. Martesa dhe familja gëzojnë mbrojtjen e veçantë të shtetit.[4]

References

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  1. ^ Taylor, Alice (2 June 2020). "Council of Europe Anti-Discrimination Body Suggests Same-Sex Marriage Legislation, Gender Reassignment Recognition, and Increased Support to LGBTI Community". Exit.al.
  2. ^ "ECtHR: refusal of any form of legal recognition and protection for same-sex couples breaches Convention". EU Law Live. 17 January 2023.
  3. ^ Kadi, Xhensila (2014). "The approach towards gay marriage in the Albanian legislation and society". Academicus International Scientific Journal. 5 (9): 79–92. doi:10.7336/academicus.2014.09.06.
  4. ^ "Kushtetuta e Republikës së Shqipërisë" (PDF). wipo.int (in Albanian).
  5. ^ "Family Code of Albania" (PDF). ilo.org. January 2004.
  6. ^ Lowen, Mark (30 July 2009). "Albania 'to approve gay marriage'". BBC News.
  7. ^ Dade, Chris (31 July 2009). "Albania Preparing to Legalize Same-Sex Marriage". Digital Journal.
  8. ^ "No gay marriage for Albania". Pink News. 5 February 2010. Retrieved 5 February 2010.
  9. ^ "Albanian Gay Rights Law, Minus Marriage". The Advocate. 5 February 2010. Retrieved 5 February 2010.
  10. ^ "Gays content with rights law". The Straits Times. Reuters. 5 February 2010. Retrieved 5 February 2010.
  11. ^ Totozani: Të lejohen martesat “gej”, top-channel.tv, 26 October 2013, in Albanian
  12. ^ ""M'u vu me dhunë mikrofoni para fytyrës", Ballanca tregon pse është pro martesave Gay". Oranews. Retrieved 2018-04-06.
  13. ^ ""Martesat gay", homoseksualët zbardhin tradhtinë e Ramës: Do ta ndëshkojmë". Agjencia e Lajmeve SOT NEWS. 2016-08-14. Retrieved 2018-11-07.
  14. ^ "Albanian Religious Leaders Slam Gay Marriage Law". Balkan Insight. 30 June 2009.
  15. ^ "Church of Albania on same-sex marriage: Unnaturalness cannot be made natural by law". Orthodox Times. 21 January 2024.
  16. ^ Bytyci, Fatos; Goga, Florion (20 May 2024). "In loving protest, Albanian lesbians marry unofficially". Swissinfo.ch.
  17. ^ Taylor, Alice (20 May 2024). "Albania sees first same-sex religious marriage as LGBT couple challenge family code". Euractiv.
  18. ^ Sinoruka, Fjori (20 May 2024). "Unofficial Same-Sex 'Marriage' Ceremony Causes Controversy in Albania". Balkan Insight. Tirana.
  19. ^ Bytyci, Fatos; Goga, Florion (20 May 2024). "In loving protest, Albanian lesbians marry unofficially". Reuters.
  20. ^ "Albanian Courts Asked to Recognize Same-Sex Partnerships". Human Rights Watch. 8 February 2017.
  21. ^ Sinoruka, Fjori (28 April 2022). "Albania's Pioneering LGBT Activist: 'We Should Not Be Second-Class Citizens'". Balkan Insight.
  22. ^ "Attitudes towards LGBTIQ+ people in the Western Balkans" (PDF). ERA – LGBTI Equal Rights Association for the Western Balkans and Turke. June 2023.
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