LGBTQ rights in Kosovo | |
---|---|
Status | Legal 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 identity | Transgender people not permitted to change legal gender |
Military | Gay, lesbian and bisexual people allowed to serve openly |
Discrimination protections | Sexual orientation constitutional and statutory protections (see below) |
Family rights | |
Recognition of relationships | No recognition |
Adoption | Any 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]
In 1858, the Ottoman Empire, then in control of Kosovo, legalized same-sex intercourse. [14]
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]
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]
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.
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]
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 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]
Lesbian, gay, and bisexual people are allowed to serve openly in the military. However, they may face discrimination by peers when serving openly.
According to a 2018 guideline for "Blood Donation Week", those who have "intimate relationships with the same sex" cannot donate blood. [38]
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]
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).
Same-sex sexual activity legal | (Since 1994) |
Equal age of consent (16) | (Since 2004) |
Anti-discrimination laws in employment | (Since 2004) |
Anti-discrimination laws in the provision of goods and services | (Since 2004) |
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) | (Since 2004) |
Anti-discrimination laws covering gender identity in all areas | (Since 2015) |
Same-sex marriage | |
Recognition of same-sex couples | (Proposed) |
Stepchild adoption by same-sex couples | |
Joint adoption by same-sex couples | |
Conversion therapy banned | |
Gay, lesbian and bisexual people allowed to serve openly in the military | |
Access to IVF for lesbian couples | |
Right to change legal gender | |
Commercial surrogacy for gay male couples | (Banned regardless of sexual orientation) |
MSMs allowed to donate blood |
Lesbian, gay, bisexual, and transgender (LGBT) people in Bulgaria face significant challenges not experienced by non-LGBT residents. Both male and female same-sex relationships are legal in Bulgaria, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples. Discrimination on the basis of sexual orientation has been banned since 2004, with discrimination based on "gender change" being outlawed since 2015. In July 2019, a Bulgarian court recognized a same-sex marriage performed in France in a landmark ruling. For 2020, Bulgaria was ranked 37 of 49 European countries for LGBT rights protection by ILGA-Europe. Like most countries in Central and Eastern Europe, post-Communist Bulgaria holds socially conservative attitudes when it comes to such matters as homosexuality and transgender people.
Lesbian, gay, bisexual, and transgender (LGBT) people in Serbia face significant challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in Serbia, and discrimination on the basis of sexual orientation is banned in areas such as employment, education, media, and the provision of goods and services, amongst others. Nevertheless, households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.
Lesbian, gay, bisexual, and transgender (LGBT) people in Bosnia and Herzegovina may face legal challenges not experienced by non-LGBT residents. Both male and female forms of same-sex sexual activity are legal in Bosnia and Herzegovina. However, households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.
Lesbian, gay, bisexual, and transgender (LGBT) people in Romania face legal challenges and discrimination not experienced by non-LGBT residents. Attitudes in Romania are generally conservative, with regard to the rights of gay, lesbian, bisexual, and transgender citizens. Nevertheless, the country has made significant changes in LGBT rights legislation since 2000. In the past two decades, it fully decriminalised homosexuality, introduced and enforced wide-ranging anti-discrimination laws, equalised the age of consent and introduced laws against homophobic hate crimes. Furthermore, LGBT communities have become more visible in recent years, as a result of events such as Bucharest's annual pride parade, Timișoara's Pride Week and Cluj-Napoca's Gay Film Nights festival.
Lesbian, gay, bisexual, and transgender (LGBTQ) people in Cambodia face legal challenges not experienced by non-LGBT residents. Although same-sex sexual activity is legal in Cambodia, it provides no anti-discrimination protections for LGBT people, nor does it prohibit hate crimes based on sexual orientation and gender identity.
Danish lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights are some of the most extensive in the world. In 2023, ILGA-Europe ranked Denmark as the third most LGBTQ-supportive country in Europe. Polls consistently show that same-sex marriage support is nearly universal amongst the Danish population.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Cyprus have evolved in recent years, but LGBTQ people still face legal challenges not experienced by non-LGBT residents. Both male and female expressions of same-sex sexual activity were decriminalised in 1998, and civil unions which grant several of the rights and benefits of marriage have been legal since December 2015. Conversion therapy was banned in Cyprus in May 2023. However, adoption rights in Cyprus are reserved for heterosexual couples only.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Turkey face legal challenges not experienced by non-LGBTQ residents, though the overall situation is considered to be less repressive when compared to most other Muslim-majority countries.
Lesbian, gay, bisexual, and transgender (LGBT) people in Suriname may face legal challenges not experienced by non-LGBTQ residents. Both male and female expressions of same-sex sexual activity are legal in Suriname. Since 2015, hate speech and discrimination in employment and the provision of goods and services on the basis of sexual orientation has been banned in the country. Same-sex marriage and civil unions are not recognised by law. Nevertheless, Suriname is legally bound to the January 2018 Inter-American Court of Human Rights ruling, which held that same-sex marriage is a human right protected by the American Convention on Human Rights.
Lesbian, gay, bisexual, and transgender (LGBT) people in Montenegro face significant challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in Montenegro, but households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.
Lesbian, gay, bisexual, and transgender (LGBT) people in Albania face legal challenges not experienced by non-LGBT residents, although LGBT people are protected under comprehensive anti-discrimination legislation. Both male and female same-gender sexual activities have been legal in Albania since 1995, but households headed by same-sex couples are not eligible for the same legal protections available to opposite-gender couples, with same-sex unions not being recognized in the country in any form.
Lesbian, gay, bisexual, and transgender (LGBT) people in Azerbaijan face significant challenges not experienced by non-LGBTQ residents. Same-sex sexual activity has been legal in Azerbaijan since 1 September 2000. Nonetheless, discrimination on the basis of sexual orientation and gender identity are not banned in the country and same-sex marriage is not recognized.
Lesbian, gay, bisexual, and transgender (LGBT) people in Rwanda face legal challenges not experienced by non-LGBT residents. While neither homosexuality nor homosexual acts are illegal, homosexuality is considered a taboo topic, and there is no significant public discussion of this issue in any region of the country and LGBT people still face stigmatization among the broader population. No anti-discrimination laws are afforded to LGBT citizens, and same-sex marriages are not recognized by the state, as the Constitution of Rwanda provides that "[o]nly civil monogamous marriage between a man and a woman is recognized". LGBT Rwandans have reported being harassed, blackmailed, and even arrested by the police under various laws dealing with public order and morality.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Eswatini have limited legal rights. According to Rock of Hope, a Swati LGBTQ advocacy group, "there is no legislation recognising LGBTIs or protecting the right to a non-heterosexual orientation and gender identity and as a result [LGBTQ people] cannot be open about their orientation or gender identity for fear of rejection and discrimination." Homosexuality is illegal in Eswatini, though this law is in practice unenforced. According to the 2021 Human Rights Practices Report from the US Department of State, "there has never been an arrest or prosecution for consensual same-sex conduct."
Lesbian, gay, bisexual, and transgender (LGBTQ) rights in Nepal have expanded in the 21st century, though much of Nepal's advancements on LGBT rights have come from the judiciary and not the legislature. Same-sex sexual acts have been legal in Nepal since 2007 after a ruling by the Supreme Court of Nepal.
Lesbian, gay, bisexual and transgender (LGBT) rights in Laos go unreported and unnoticed. While homosexuality is legal in Laos, it is very difficult to assess the current state of acceptance and violence that LGBTQ people face because of government interference. Numerous claims have suggested that Laos is one of the most tolerant communist states. Despite such claims, discrimination still exists. Laos provides no anti-discrimination protections for LGBT people, nor does it prohibit hate crimes based on sexual orientation and gender identity. Households headed by same-sex couples are not eligible for any of the rights that opposite-sex married couples enjoy, as neither same-sex marriage nor civil unions are legal.
Lesbian, gay, bisexual, and transgender (LGBT) people in Mongolia face legal and social challenges not experienced by non-LGBT people, though there have been substantial improvements since the 1990s. Homosexuality was criminalised in Mongolia in 1961 through its Criminal Code. Following the Mongolian Revolution of 1990 and the peaceful transition to a democracy, homosexuality was legalised and awareness about LGBT people has become more prevalent. Hate crimes on the basis of sexual orientation and gender identity result in additional legal penalties. Hate speech based on these two categories has been outlawed in the country since 1 July 2017. Households headed by same-sex couples are, however, not eligible for the same legal protections available to opposite-sex couples.
Lesbian, gay, bisexual, and transgender (LGBT) people in East Timor face legal challenges not experienced by non-LGBTQ residents. Both male and female same-sex sexual activity are legal in East Timor, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Lesotho face legal challenges not experienced by non-LGBTQ residents. Lesotho does not recognise same-sex marriages or civil unions, nor does it ban discrimination on the basis of sexual orientation or gender identity.
Lesbian, gay, bisexual, and transgender (LGBT) people in North Macedonia face discrimination and some legal and social challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity have been legal in North Macedonia since 1996, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.
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