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LGBTQ rights in Kosovo

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LGBTQ rights in Kosovo
Kosovo
StatusLegal since 1858 when part of the Ottoman Empire, criminalized upon incorpotation into the Kingdom of Serbia in 1913, again made legal in 1994 as part of Yugoslavia[1]
Gender identityTransgender people not permitted to change legal gender
MilitaryGay, lesbian and bisexual people allowed to serve openly
Discrimination protectionsSexual orientation constitutional and statutory protections (see below)
Family rights
Recognition of relationshipsNo recognition
AdoptionAny single person allowed to adopt[2][3]

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in Kosovo have improved in recent years, most notably with the adoption of the new Constitution, banning discrimination based on sexual orientation.[4] Kosovo remains one of the few Muslim-majority countries that hold regular pride parades.[5]

The Government of Kosovo is supportive of the country's LGBTQ community.[6] In late 2013, the Parliament Assembly passed a bill to create a coordinating group for the LGBTQ community.[7] On 17 May 2014, well-known politicians and diplomats, including British Ambassador Ian Cliff and several local LGBTQ organizations took to the streets of Pristina to march against homophobia.[8][9] The event was welcomed by the European Union office in Kosovo,[10] as well as by the government itself. A large LGBTQ flag covered the front side of the government building that night.[11][12][13]

Law regarding same-sex sexual activity

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Ottoman Empire

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In 1858, the Ottoman Empire, then in control of Kosovo, legalized same-sex intercourse.[14]

Yugoslavia

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Main article: LGBT history in Yugoslavia

The Yugoslav Criminal Code of 1929 banned "lewdness against the order of nature" (anal intercourse). The Socialist Federal Republic of Yugoslavia also restricted the offense to same-sex anal intercourse, with the maximum sentence reduced to 1 to 2 years' imprisonment in 1959.[15]

In 1994, male same-sex sexual intercourse became legal in the Autonomous Province of Kosovo and Metohija when it was a part of the Federal Republic of Yugoslavia.[16]

UNMIK period

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In 2004, during the United Nations Interim Administration Mission in Kosovo (UNMIK) period, the legal age of consent was set at 14 regardless of the individual's gender or sexual orientation,[1] and all sexual offenses were made gender-neutral.[14]

Independent era

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Kosovo declared independence from Serbia in 2008. Same-sex sexual intercourse has remained legal. This period has also seen an increasing visibility for the LGBTQ community, and discussions surrounding such issues have become more mainstream.[14] In 2008, the Constitution of Kosovo was promulgated, containing provisions outlawing discrimination on the basis of sexual orientation, amongst others.

Recognition of same-sex relationships

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In 2014, the President of the Constitutional Court said that Kosovo de jure allows same-sex marriage.[17] Article 144(3) of the Constitution of Kosovo requires the Constitutional Court to approve any amendments to the Constitution so as to ensure they do not infringe upon the civil rights previously guaranteed. Article 14 of the Law on Family (Albanian: Ligji për Familjen; Serbian: Zakon o porodici) defines marriage as a "legally registered community of two persons of different sexes," though Kosovo gay rights activists have argued this contradicts the wording of the Constitution and have called on same-sex couples to challenge the law in court.[18]

On 7 July 2020, Minister of Justice Selim Selimi announced that the new Civil Code would allow for same-sex civil partnerships, which the Government of Kosovo planned to introduce within a few months.[19] The move was criticised by some LGBTQ rights groups because it entrenched the legal distinction between opposite-sex and same-sex couples.[20] If the civil code was passed, a special law for civil unions would be required.[21] The draft was rejected by the Assembly on 16 March 2022. Only 28 out of 120 MPs voted in favour of the bill.[22][23]

On 25 April 2024 Prime Minister Albin Kurti announced his government's intention to legalize same-sex unions.[24][25]

Discrimination protections

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Article 24 of the Constitution of Kosovo bans discrimination on a number of grounds, including sexual orientation.[4] Kosovo is one of the few states in Europe with a constitutional ban on discrimination on the basis of sexual orientation. The wording states:[26]

No one shall be discriminated against on grounds of race, color, gender, language, religion, political or other opinion, national or social origin, relation to any community, property, economic and social condition, sexual orientation, birth, disability or other personal status.

The Anti-Discrimination Law of 2004 (Albanian: Ligji Kundër Diskriminimit; Serbian: Zakon protiv diskriminacije) passed by the Kosovo Assembly bans discrimination on the basis of sexual orientation in a variety of fields, including employment, membership of organizations, education, the provision of goods and services, social security and access to housing. The definition of discrimination in this law explicitly includes direct and indirect discrimination, as well as harassment, victimization and segregation.[27]

On 26 May 2015, the Parliament Assembly approved amendments adding gender identity to Kosovo's anti-discrimination law. The amendments took effect in July 2015.[28]

In April 2019, the new Criminal Code of Kosovo went into force, with stronger protections for LGBTQ citizens. The law provides additional penalties for the commission of a hate crime motivated by the victim's or victims' sexual orientation or gender identity.[29]

Despite these legal protections, LGBTQ people tend to avoid reporting discrimination or abuse cases to the police.[30] A total of 10 bias-motivated crimes against LGBTQ people were reported to the authorities in 2019, with a further 13 reported to LGBTQ organizations only.[31] In February 2019, authorities initiated a case against an official at the Ministry of Justice who had called for LGBTQ people to be beheaded. Police took him into custody.[32]

Transgender rights

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Transgender people are not allowed to legally change their gender in Kosovo, even if they have undergone sex reassignment surgery.[33][34]

In 2017, a Kosovar citizen, Blert Morina, submitted a court case, seeking to change his name and gender on official identification documents. His request was rejected by Kosovo's Civil Registration Agency. His lawyer, Rina Kika, said he had requested a constitutional review of the agency's decision in July 2018.[35][36] In December 2019, the Basic Court of Pristina ruled in Morina's favour, affirming his right to change both his name and sex marker on his identification documents. Kika said that "for the first time the court has decided to recognize the right to gender identity without offering evidence for surgical intervention or any medical change".[37] The Ministry of Justice and the Civil Registration Agency have stated that the judgment will not be considered precedent, and other transgender people will have to go through a similar court procedure.[31]

Military service

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See also: Sexual orientation and military service

Lesbian, gay, and bisexual people are allowed to serve openly in the military. However, they may face discrimination by peers when serving openly.

Blood donation

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According to a 2018 guideline for "Blood Donation Week", those who have "intimate relationships with the same sex" cannot donate blood.[38]

Living conditions

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Kosovo Pride Week 2018

An LGBTQ rights group, the Center for Social Emancipation, describes gay life in Kosovo as being "underground" and mostly secretive.[39] Kosovo has one gay bar, in Pristina.[40]

According to a 2015 survey conducted by the National Democratic Institute, 81% of LGBTQ Kosovars said they had been subject to psychological abuse, and 29% reported being victim of physical violence.[30]

Events celebrating the International Day Against Homophobia, Transphobia and Biphobia have been organized in Kosovo since 2007. The first pride parade occurred in Pristina in May 2016, with attendance from President Hashim Thaçi and British and American diplomats.[12] The annual Pride Week has been held in Pristina since 2017. In 2018, Mayor Shpend Ahmeti participated.[41] During the event's third edition in October 2019, participants started at the Skanderbeg Square, making their way down Mother Teresa Boulevard to Zahir Pajaziti Square, passing the government and parliament buildings and other landmarks of the city, with the slogan "Whoever your heart beats for" (Për kon t'rreh zemra). The events have been held without incidence,[42][43] and consist of various artistic exhibitions, parties, conferences, discussions and a parade.[44]

LGBTQ rights movement in Kosovo

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There are currently several local LGBTQ rights organisations in Kosovo. Among the most notable are the Center for Equality and Liberty (CEL; Albanian: Qendra për Barazi dhe Liri), the Center for Social Group Development (CSGD; Albanian: Qendra për Zhvillimin e Grupeve Shoqërore), and the Center for Social Emancipation (QESh; Albanian: Qendra për Emancipim Shoqëror).

Summary table

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Same-sex sexual activity legal Yes (Since 1994)
Equal age of consent (16) Yes (Since 2004)
Anti-discrimination laws in employment Yes (Since 2004)
Anti-discrimination laws in the provision of goods and services Yes (Since 2004)
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) Yes (Since 2004)
Anti-discrimination laws covering gender identity in all areas Yes (Since 2015)
Same-sex marriage No
Recognition of same-sex couples No (Proposed)
Stepchild adoption by same-sex couples No
Joint adoption by same-sex couples No
Conversion therapy banned No
Gay, lesbian and bisexual people allowed to serve openly in the military Yes
Access to IVF for lesbian couples No
Right to change legal gender No
Commercial surrogacy for gay male couples No (Banned regardless of sexual orientation)
MSMs allowed to donate blood No

See also

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References

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  1. ^ a b State-sponsored Homophobia: A world survey of laws prohibiting same sex activity between consenting adults Archived 20 October 2016 at the Wayback Machine The International Lesbian, Gay, Bisexual, Trans and Intersex Association, authored by Lucas Paoli Itaborahy, May 2014
  2. ^ "Adoption Laws in Kosovo: Unmarried persons". State portal of the Republic of Kosovo. Constitution of Kosovo. Archived from the original on 18 March 2015. Retrieved 19 April 2015.
  3. ^ "Adoption in Kosovo (Report) - p. 6". OSCE Mission in Kosovo.
  4. ^ a b "Kosovo Constitution". kushtetutakosoves.info. Archived from the original on 26 May 2008.
  5. ^ {{Cite web|url=https://www.outinperth.com/kosovo-set-to-become-the-first-muslim-majority-country-to-achieve-marriage-equality/
  6. ^ "Qeveria merr në mbrojtje komunitetin LGBT". Albinfo.ch.
  7. ^ "Qeveria formon trupë këshilluese e koordinuese për komunitetin LGBT". Archived from the original on 19 April 2015. Retrieved 18 April 2015.
  8. ^ "Marsh kundër homofobisë". Telegrafi.com. Archived from the original on 27 April 2015. Retrieved 19 April 2015.
  9. ^ "Komuniteti LGBT është i dukshëm dhe pjesë e shoqërisë kosovare". Zëri.
  10. ^ "Press release: European Union in Kosovo: March against homophobia". European Union Office in Kosovo. Archived from the original on 5 May 2015. Retrieved 15 May 2014.{{cite web}}: CS1 maint: bot: original URL status unknown (link)
  11. ^ "Flamuri i LGBT'së në ndërtesën e Qeverisë së Kosovës". Gazeta Express.
  12. ^ a b "Thaci takes part in first gay parade in Pristina". B92. 17 May 2016.
  13. ^ "Kosovo holds first-ever gay pride march". Rappler. 17 May 2016.
  14. ^ a b c "KOSOVO | LGBTI Equal Rights Association for Western Balkans and Turkey". lgbti-era.org. Retrieved 3 December 2018.
  15. ^ CROATIA: NEW PENAL CODE Archived 14 April 2016 at the Wayback Machine
  16. ^ Tapon, Francis (19 May 2012). The Hidden Europe: What Eastern Europeans Can Teach Us. SonicTrek, Inc. ISBN 9780976581222 – via Google Books.
  17. ^ "Same-Sex Marriage Legal in Kosovo?". Human Rights Campaign. 12 September 2014. Archived from the original on 6 July 2015. Retrieved 21 September 2014.
  18. ^ "Kosovo Rights Activists Seek Clarity on Gay Marriage". Balkan Insight. 4 July 2017.
  19. ^ "Kosovo's new civil code opens the way for gay marriage". bne IntelliNews. 8 July 2020.
  20. ^ "LGBTI groups criticise civil partnership plans". Prishtina Insight. 8 July 2020. Retrieved 8 September 2020.
  21. ^ Selimi, Selim (7 July 2020). "Press conf. on finalization of the #CivilCode of..." Twitter. Retrieved 29 September 2021.
  22. ^ "Kosovo's parliament rejects new law recognising same-sex civil unions". euronews. 17 March 2022. Retrieved 15 November 2023.
  23. ^ "Kosovo Assembly fails to adopt the new Civil Code allowing same-sex civil unions". Gazeta Express (in Albanian). 16 March 2022. Retrieved 17 March 2022.
  24. ^ "Kosovo promises to introduce same-sex unions in May". Euractiv.
  25. ^ "Muslim majority Kosovo considers same-sex unions amid fierce opposition". Reuters. 23 May 2024. Retrieved 15 October 2024.
  26. ^ "Constitution of the Republic of Kosovo" (PDF). Archived from the original (PDF) on 20 April 2013. Retrieved 22 March 2019.
  27. ^ Law 2004/3: The Anti-Discrimination Law Archived 1 October 2008 at the Wayback Machine, UNMIK
  28. ^ "Annual Review of the Human Rights Situation of Lesbian, Gay, Bisexual, Trans and Intersex People in Europe 2016: Kosovo" (PDF). Archived from the original (PDF) on 31 August 2017. Retrieved 31 August 2017.
  29. ^ "New Criminal Code in Kosovo strengthens protections for LGBTI persons". www.lgbti-era.org. Archived from the original on 8 May 2023. Retrieved 28 July 2020.
  30. ^ a b Davies, Jack (12 March 2018). "Being gay in Kosovo, Europe's youngest nation". Equal Times.
  31. ^ a b "Annual Review of the human rights situation of lesbian, gay, bisexual, trans and intersex people in Europe and Central Asia" (PDF). Archived from the original (PDF) on 6 June 2020. Retrieved 28 July 2020.
  32. ^ "Ndalohet për 48 orë zyrtari i Ministrisë së Drejtesisë që kërcënoi komunitetin LGBT". almakos (in Albanian). 14 February 2019.
  33. ^ "Rainbow Europe". rainbow-europe.org.
  34. ^ "KOSOVO | LGBTI Equal Rights Association for Western Balkans and Turkey". lgbti-era.org.
  35. ^ "Kosovo turns its eye on Macedonian transgender rights". Pristina Insight. 31 January 2019.
  36. ^ "Transgender Macedonians Hails 'Turning Point' European Court Ruling". Balkan Insight. 31 January 2019.
  37. ^ Dafina Halili (20 January 2020). "LANDMARK DECISION FOR TRANSGENDER RIGHTS". Kosovo 2.0.
  38. ^ "Kominitetit LGBT u ndalohet dhruimi i gjakut në Kosovë". Pa Censurë (in Albanian). 23 June 2018.[permanent dead link‍]
  39. ^ "Center for Social Emancipation". Qesh.org. Archived from the original on 16 November 2007. Retrieved 9 October 2009.
  40. ^ "«Bubble Pub» – Kosovos erste LGBTQ+-Bar". 19 May 2023.
  41. ^ "Kosovar Minister, Pristina's Mayor Join Gay Pride-Parade". RadioFreeEurope/RadioLiberty. Pristina. 10 October 2018.
  42. ^ Travers, Eve-anne (10 October 2019). "In photos: Kosovo holds its third Pride Parade". Prishtina Insight.
  43. ^ Bami, Xhorxhina (10 October 2019). "Kosovo Pride Activists Put Law Under Spotlight". Balkan Insight. Pristina.
  44. ^ Travers, Eve-anne (10 October 2019). "Pride Week kicks off in Prishtina". Prishtina Insight.
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