Recognition of same-sex unions in Albania

Same-sex unions are not currently recognized in Albania, whether in the form of marriage or civil unions.

Marriage
Civil unions and
registered partnerships
Common-law marriage
Minimal recognition
See also
Notes
  1. Performed statewide in 18 states and Mexico City, in certain municipalities in three other states, and recognized by all states in such cases.
  2. Performed in the Netherlands proper, including the Caribbean Netherlands. Registered in Aruba, Curaçao and Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  3. Neither performed nor recognized in Niue, Tokelau or the Cook Islands.
  4. Not recognized in Caribbean overseas territories, though marriage-equivalent ordered for the Cayman Islands.
  5. Neither performed nor recognized in American Samoa or some tribal nations.
  6. Cohabitation. Registered foreign marriages confer limited rights. Marriage recognized in Tel Aviv.
  7. Degree of recognition unknown. No actual cases to date.
  8. Limited to residency rights for foreign spouses of EU citizens.
  9. Legal guardianships (nationwide, except Hong Kong and Macau), residency rights for foreign spouses of legal residents (Hong Kong).
  10. Recognition of foreign marriage for parental rights
  11. Maitri Karar–type contractual relationships, but it is not legally enforceable
  12. Offer "partnership certificates", which provide some tools (such as hospital visitation rights) but do not offer any legal recognition
  13. Limited to spouses of foreign diplomatic officials.
* Not yet in effect or automatic deadline set by judicial body for same-sex marriage to become legal
LGBT portal

History
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.

Albanian 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.[1][2]

On 5 February 2010, the Albanian Parliament passed an anti-discrimination law which bans discrimination on the grounds of sexual orientation.[3][4] Gay rights groups praised the new law but said they hoped that Berisha would eventually keep his promise on legalising same-sex marriage.[5]

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.[6] In April 2018, the new People's Advocate, Erinda Balanca, came out in support of same-sex marriage and pledged to support LGBT rights.[7] But as of 2020, no change has happened, with LGBT activists criticising the legislative inaction.[8]

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 providing for the legal recognition of same-sex partnerships.[9]

Constitutional wording

The Constitution of Albania 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".[lower-alpha 1]

Court challenge

In 2017, Kristi Pinderi, executive director of the Albanian group "PRO LGBT", announced his organisation would file a lawsuit requesting the recognition of same-sex unions.[11]

See also

Notes
  1. In Albanian: Kushdo ka të drejtë të martohet dhe të ketë familje. Martesa dhe familja gëzojnë mbrojtjen e veçantë të shtetit.[10]

References
  1. Lowen, Mark (30 July 2009). "Albania 'to approve gay marriage'". BBC News.
  2. Dade, Chris (31 July 2009). "Albania Preparing to Legalize Same-Sex Marriage". Digital Journal.
  3. "No gay marriage for Albania". Pink News. 5 February 2010. Retrieved 5 February 2010.
  4. "Albanian Gay Rights Law, Minus Marriage". The Advocate. 5 February 2010. Retrieved 5 February 2010.
  5. "Gays content with rights law". The Straits Times. Reuters. 5 February 2010. Retrieved 5 February 2010.
  6. Totozani: Të lejohen martesat “gej”, top-channel.tv, 26 October 2013, in Albanian
  7. ""M'u vu me dhunë mikrofoni para fytyrës", Ballanca tregon pse është pro martesave Gay". Oranews. Retrieved 2018-04-06.
  8. ""Martesat gay", homoseksualët zbardhin tradhtinë e Ramës: Do ta ndëshkojmë". Agjencia e Lajmeve SOT NEWS. 2016-08-14. Retrieved 2018-11-07.
  9. 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.
  10. "Kushtetuta e Republikës së Shqipërisë" (PDF). wipo.int (in Albanian).
  11. "Albanian Courts Asked to Recognize Same-Sex Partnerships". Human Rights Watch. 8 February 2017.
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