| Part of the LGBTQ rights series |
 LGBTQportal |
Kosovo does not recognize same-sex marriages or civil unions. On 25 April 2024, Prime Minister Albin Kurti announced the government's intention to legalize civil unions as part of a new civil code.
Kosovo does not recognize civil unions (Albanian : bashkim civil, pronounced [baʃˈkimtsiˈvil] ; Serbian : животно партнерство, životno partnerstvo, pronounced [ʒǐvotnopârtnerstvo] ) [a] which would offer same-sex couples a subset of the rights, benefits and obligations of marriage. Despite not being a member state of the Council of Europe, Kosovo is de facto under the jurisdiction of the European Convention on Human Rights (ECHR). [2] The ECHR has ruled, with respect to Romania in Buhuceanu and Others, Russia in Fedotova and Others , Bulgaria in Koilova and Babulkova, Ukraine in Maymulakhin and Markiv, and Poland in Przybyszewska and Others, 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 to recognize same-sex partnerships. [3]
On 7 July 2020, Minister of Justice Selim Selimi announced that a new civil code would legalize same-sex civil partnerships, which the Government of Kosovo planned to introduce within a few months. [4] The move was criticised by some LGBTQ rights groups because it entrenched a legal distinction between opposite-sex and same-sex couples. [5] If the civil code had been passed, an additional law detailing the rights, benefits and obligations of civil partners would have been required. [6] The draft was rejected at first reading by the Assembly on 16 March 2022 in a 28–29 vote with 4 abstentions. [7] [8]
On 25 April 2024, Prime Minister Albin Kurti announced his government's intention to legalize same-sex unions. [9] [10] "Kosovo will make an effort to soon become the second country in the Western Balkans, after Montenegro, which guarantees its citizens the right to a same-sex life partnership. We will work hard to pass this in the near future", said Kurti, who also announced his government's intention to meet the rights and needs of the Serbian minority. [11]
In 2014, the President of the Constitutional Court, Enver Hasani, said that Kosovo de jure allows same-sex marriage. [12] Hasani based his reasoning on Article 24(2) of the Constitution of Kosovo, which states that "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." Additionally, Article 37 of the Constitution states: [13]
Based on free will, everyone enjoys the right to marry and the right to have a family as provided by law. [b]
Article 14 of the Law on Family (Albanian : Ligji për familjen; [16] Serbian : Закон о породици, Zakon o porodici) defines marriage as a "legally registered community of two persons of different sexes," though LGBT rights activists have argued that this wording contradicts Article 24 of the Constitution and have called on same-sex couples to challenge the law in court. [17]
A December 2022 Ipsos survey showed that 20% of Kosovars considered same-sex marriage "acceptable" (9% "completely" and 11% "mainly"), while 77% considered it "unacceptable" (67% "completely" and 10% "mainly"). This represented an increase of support from 2015 when 12% of Kosovars supported same-sex marriage. With regard to special rights, 45% of respondents supported the right of same-sex couples to receive survivor pension benefits in case of the partner's death. [18]
The Assembly of the Republic of Kosovo or the Kuvendi, is the unicameral legislature of the Republic of Kosovo that is directly elected by the people every four years. It was originally established by the United Nations Interim Administration Mission in Kosovo in 2001 to provide 'provisional, democratic self-government'. On February 17, 2008, representatives of the people of Kosovo unilaterally declared Kosovo's independence and subsequently adopted the Constitution of Kosovo, which came into effect on 15 June 2008.
Lëvizja Vetëvendosje (LVV) is a left-leaning social democratic political party in Kosovo. It is a member of the Progressive Alliance, and an observer in the Party of European Socialists, and the Socialist International.
Albin Kurti is a Kosovar Albanian politician who has been serving as Prime Minister of Kosovo since 2021, having previously held the office from February to June 2020. He came to prominence in 1997 as the vice-president of the University of Pristina student union, and a main organizer of non-violent student demonstrations of 1997 and 1998. Kurti then worked in Adem Demaçi's office when the latter became the political representative of the Kosovo Liberation Army (KLA). Kurti has been a member of the Assembly of the Republic of Kosovo since 2010 in three consecutive legislatures.
The flag of the Republic of Kosovo was adopted by the Assembly of the Republic of Kosovo immediately following the unilateral declaration of independence of Kosovo on 17 February 2008. The flag design emerged from an international competition, organized by an informal group from the Provisional Institutions of Self-Government known as the Kosovo Unity Team, which attracted almost one thousand entries. The winning design was proposed by Muhamer Ibrahimi. It shows six white stars in an arc above a golden map of Kosovo, all on a blue field. The stars symbolize Kosovo's six major ethnic groups: Albanians, Serbs, Bosniaks, Turks, Romani, and Gorani.
Pristina or Prishtina is the capital and largest city of Kosovo. It is the administrative center of the eponymous municipality and district.
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. Kosovo remains one of the few Muslim-majority countries that hold regular pride parades.
Kosovo unilaterally self proclaimed independence from Serbia in 2008, a move which Serbia strongly rejects. Serbia has not recognized Kosovo as an independent state and continues to claim it as the Autonomous Province of Kosovo and Metohija. However, differences and disputes remain, while North Kosovo partially remains under Serbian influence. Initially there were no relations between the two; but in the following years there has been increased dialogue and cooperation between the two sides.
The Kosovo Security Force (KSF) is the military of Kosovo. The KSF is tasked with defending the sovereignty and territorial integrity of Kosovo, military support for civilian authorities, and participation in international peacekeeping missions and operations. Since 2018, it is in the process of transforming into the Kosovo Armed Forces.
Serbia does not recognize any form of legal recognition for same-sex couples. Same-sex marriage is banned under the Constitution of Serbia adopted in 2006. However, there have been discussions in the National Assembly to legalize civil unions.
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.
North Macedonia does not recognize same-sex marriages or civil unions. A constitutional amendment to ban same-sex marriage failed in 2015.
Montenegro has recognised same-sex unions since 15 July 2020. In July 2020, the Parliament of Montenegro passed a bill by 42 votes to 5 to recognise life partnerships offering several, but not all, of the rights and benefits of marriage. The bill was signed into law on 3 July by President Milo Đukanović, took effect on 15 July 2020 and became fully operational one year later. The first life partnership was registered on 25 July 2021.
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.
Atifete Jahjaga is a Kosovar Albanian politician who served as the third President of Kosovo. She was the first female President of the Republic of Kosovo, the first non-partisan candidate and the youngest female head of state to be elected to the top office. She served as Deputy Director of the Kosovo Police, holding the rank of General Lieutenant Colonel, the most senior among women officers in Southeastern Europe.
Kosovo is characterised by a diverse biodiversity and an abundance of different ecosystems and habitats determined by the climate along with the geology and hydrology. Predominantly mountainous, it is located at the center of the Balkan Peninsula bounded by Montenegro to the west, Serbia to the north and east, North Macedonia to the southeast, and Albania to the southwest.
Selim Selimi is a Kosovar lawyer and rule of law specialist, who served as the Minister of Justice of the Republic of Kosovo. He also worked as the Rule of Law Advisor and Chief of Staff to the Prime Minister of Kosovo and as Rule of Law Advisor to the President of Kosovo.
Parliamentary elections were held in Kosovo on 14 February 2021. The results were a landslide victory for Vetëvendosje led by Albin Kurti and its coalition partner, Vjosa Osmani, former speaker of the parliament of Kosovo. The alliance won more than 50% of the total votes, the highest share since the first elections held in 2001, while their nearest rivals, the Democratic Party, finished in second place, trailing by more than 33%.
Ivan Todosijević is a Kosovo Serb politician. He was a minister in the Kosovo government from 2017 to 2019 and a member of the Assembly of Kosovo from 2019 to 2021. He has also been designated by the Serbian government since 2015 as the leader of Zvečan's provisional authority, a position not recognized by the Republic of Kosovo government. Todosijević is a member of the Serbian Progressive Party (SNS) and Kosovo's Serb List (SL).
Parliamentary elections are scheduled to be held in Kosovo on 9 February 2025.
Secularism in Kosovo has a complex history and is influenced by political and social developments in the country. Since the declaration of independence in 2008, Kosovo has followed a clear course towards the separation of religion from the state, promoting freedom of belief and human rights.
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