LGBT rights in Kosovo | |
---|---|
Status | Legal since 1858 when part of the Ottoman Empire, again 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 and gender identity protections (see below) |
Family rights | |
Recognition of relationships | No recognition |
Adoption | Any single person allowed to adopt [2] [3] |
Lesbian, gay, bisexual, and transgender (LGBT) 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 where LGBT pride parades are held annually.
The Government of Kosovo is supportive of the country's LGBT community. [5] In late 2013, the Parliament Assembly passed a bill to create a coordinating group for the LGBT community. [6] On 17 May 2014, well-known politicians and diplomats, including British Ambassador Ian Cliff and several local LGBT organizations took to the streets of Pristina to march against homophobia. [7] [8] The event was welcomed by the European Union office in Kosovo, [9] as well as by the government itself. A large LGBT flag covered the front side of the government building that night. [10] The first-ever gay pride parade in Kosovo was held in Pristina on 17 May 2016, in which a few hundred people marched through the streets of the capital. The march was also attended by President Hashim Thaçi as well as the British and U.S. ambassadors to Kosovo. [11] [12]
In 1858, the Ottoman Empire, then in control of Kosovo, legalized same-sex intercourse. [13]
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. [14]
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. [15]
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. [13]
Kosovo declared independence from Serbia in 2008. Same-sex sexual intercourse has remained legal. This period has also seen an increasing visibility for the LGBT community, and discussions surrounding such issues have become more mainstream. [13] 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. [16] 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. [17]
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. [18] The move was criticised by some LGBT rights groups because it entrenched the legal distinction between opposite-sex and same-sex couples. [19] If the civil code is passed, a special law for civil unions will be required. [20] The draft Civil Code was rejected by the Assembly on 16 March 2022. Only 28 out of 120 MPs voted in favour of the bill. [21] [22]
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: [23]
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. [24]
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. [25]
In April 2019, the new Criminal Code of Kosovo went into force, with stronger protections for LGBT 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. [26]
Despite these legal protections, LGBT people tend to avoid reporting discrimination or abuse cases to the police. [27] A total of 10 bias-motivated crimes against LGBT people were reported to the authorities in 2019, with a further 13 reported to LGBT organizations only. [28] In February 2019, authorities initiated a case against an official at the Ministry of Justice who had called for LGBT people to be beheaded. Police took him into custody. [29]
Transgender people are not allowed to legally change their gender in Kosovo, even if they have undergone sex reassignment surgery. [30] [31]
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. [32] [33] 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". [34] 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. [28]
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. [35]
An LGBT rights group, the Center for Social Emancipation, describes gay life in Kosovo as being "underground" and mostly secretive. [36] Kosovo has one gay bar, in Pristina. [37]
According to a 2015 survey conducted by the National Democratic Institute, 81% of LGBT Kosovars said they had been subject to psychological abuse, and 29% reported being victim of physical violence. [27]
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. [11] The annual Pride Week has been held in Pristina since 2017. In 2018, Mayor Shpend Ahmeti participated. [38] 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, [39] [40] and consist of various artistic exhibitions, parties, conferences, discussions and a parade. [41]
There are currently several local LGBT 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 | |
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 |
LGBT people in Bulgaria face legal 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 legal 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 may 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 and Cluj-Napoca's Gay Film Nights festival.
Lesbian, gay, bisexual, and transgender (LGBT) 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, and transgender (LGBT) rights are some of the most extensive in the world. In 2023, ILGA-Europe ranked Denmark as the third most LGBT-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 LGBT 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, and transgender (LGBT) people in Montenegro face legal 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 Armenia face legal and social challenges not experienced by non-LGBT residents, due in part to the lack of laws prohibiting discrimination on the grounds of sexual orientation and gender identity and in part to prevailing negative attitudes about LGBT persons throughout society.
Lesbian, gay, bisexual, and transgender (LGBT) people in Azerbaijan face significant challenges not experienced by non-LGBT 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 Moldova face legal and social challenges and discrimination not experienced by non-LGBT residents. Households headed by same-sex couples are not eligible for the same rights and benefits as households headed by opposite-sex couples. Same-sex unions are not recognized in the country, so consequently same-sex couples have little to no legal protection. Nevertheless, Moldova bans discrimination based on sexual orientation in the workplace, and same-sex sexual activity has been legal since 1995.
Lesbian, gay, bisexual, and transgender (LGBT) people in Cape Verde are afforded some legal protections, and Cape Verde is considered a gay tolerant country. Homosexual activity has been legal in Cape Verde since 2004. Additionally, since 2008, employment discrimination on the basis of sexual orientation has been banned, making Cape Verde one of the few African countries to have such protections for LGBT people. Nevertheless, Cape Verde does not recognize same-sex unions or marriages, meaning that same-sex couples may still face legal challenges not experienced by non-LGBT residents. Households headed by same-sex couples are also not eligible for the same legal protections available to opposite-sex couples.
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, and transgender (LGBT) people in Eswatini have limited legal rights. According to Rock of Hope, a Swati LGBT advocacy group, "there is no legislation recognising LGBTIs or protecting the right to a non-heterosexual orientation and gender identity and as a result [LGBT 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 (LGBT) rights in Nepal have evolved significantly during the 21st century, though barriers to full equality still exist within the nation. In 2007, Nepal repealed the laws against gay sex and introduced several laws which explicitly protected "gender and sexual minorities". The Nepalese Constitution now recognizes LGBT rights as fundamental rights. On 28 June 2023, a single judge bench of Justice Til Prasad Shrestha issued a historic interim order directing the government to make necessary arrangements to "temporarily register" the marriages of "non-traditional couples and sexual minorities". The full bench of the Supreme Court has yet to deliver a final verdict. The first same-sex marriage of a trans woman and a cisgender gay man occurred in November 2023. Nepal will be the first least developed country and the first in South Asia to legalize same-sex marriage, and the second in Asia after Taiwan.
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 LGBT 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-LGBT 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, 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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