UPR Sexual Rights Database

National Report:
Para 35) A new Code of Administrative Procedures (Law 44/2015) was approved by the Assembly of the Republic of Albania on 30.04.2015 and entered into force on 28.05.2016. An important step is the provision related the reverse of the burden of proof in matters of discrimination. The public body should be guided by the principle of equality and antidiscrimination for grounds provided by law, including gender and gender identity.
Para 120) The National Action Plan for Non-discrimination on the Grounds of Sexual Orientation and Gender Identity 2012-2014 and the National Action Plan for LGBTI Persons 2016-2020 foresee several measures to address discrimination and integration of these groups. The strategic goals are: Improving the legal and institutional framework, as well as raising awareness on non-discrimination and protection of LGBTI people's rights, in line with international standards; Elimination of all forms of discrimination against the LGBTI community, through capacity building of law enforcement structures; Improving access to employment, education, health, housing and sports for LGBTI persons, while guaranteeing their equal opportunities.

UN Compilation:
Para 6) The United Nations country team noted that despite legal developments to promote non-discrimination, discrimination against lesbian, gay, bisexual, transgender and intersex persons persisted, including denial of their right to marry and have a family, the right to gender reassignment surgery for transgender persons, and the right to self-determination in relation to bodily integrity for intersex persons. The country team also noted that there was an urgent need to improve the range of and access to high quality sexual and reproductive health services for lesbian, gay, bisexual, transgender and intersex persons. It recommended that Albania enforce the current legislation and national action plan and improve access to sexual and reproductive health services. 13 The Office of the United Nations High Commissioner for Human Rights reported that it had led the “free and equal” campaign to promote equal rights for and fair treatment of lesbian, gay, bisexual, transgender and intersex persons, through the media and national events.

Stakeholder Summary:
Para 5) Joint Submission 3 (JS3) stated that Article 18 of the Constitution included the grounds for prohibition from discrimination and did not include sexual orientation and gender identity as a prohibited ground for discrimination. It noted the adoption of the 2015 resolution by the Parliament “On protection of rights and freedoms of persons belonging to the lesbian, gay, bisexual and transgender (LGBT) community in Albania” , of the LGBTI National Action Plan for 2016-2020, and of the 2015 amendments to the Labour Code prohibiting discrimination in employment and professions on the grounds of sexual orientation and gender identity. S3 reported, however, that the Family Code defined marriage only between a man and a woman, and did not guarantee the right of LGBTI couples to adopt or have children via artificial insemination, limiting patrimonial rights. Despite the development of a manual on detecting hate crimes on grounds of sexual orientation and gender identity, and of a series of trainings for police officers, JS3 observed that the police force remained largely untrained and uninformed on LGBTI rights. The number of reported hate-crime cases on the ground of sexual orientation and gender identity was very low and data collection on hate crimes was still lacking. JS3 also noted the reported frequent use of homophobic slurs and bullying against LGBT students in schools, while school psychologists largely ignored the requests for support and, in some cases, offered conversion therapies. JS3 further noted that transgender students were forced to drop out from schools because of isolation and discrimination.

Stakeholder Summary:
Para 20) JS7 reported that LGBTI persons lacked full access to healthcare and experienced poor quality of service due to discrimination, stigmatization and negative attitudes. JS3 specified that transgender persons faced discrimination or refusal of services from health professionals on the grounds of their gender identity, and that there were no medical multidisciplinary team working with intersex babies nor written protocols for establishing intersex diagnosis.

National Report:
Para 13) Law No. 108/2014 “On the State Police“ was amended, strengthening actions in the field of domestic violence and trafficking, protection measures for children and interinstitutional collaboration.

National Report:
Para 87) Law "On Social Assistance and Services" provides for economic assistance and social care even for children without parental care, services of social care; their functioning and funding; categories of beneficiaries; services to be provided to children in residential institutions. The novelty brought through this law is the possibility of creating the service of custody.

Para 88) During 2012, by-law acts were adopted for: the establishment and functioning of the coordinating mechanism for the referral of cases of children at risk, structures part of the mechanism, tangible tasks, intervention procedures assisting children at risk; coordination of mechanisms at the central and local level; rules related to cooperation between institutional mechanisms and NGOs to apply local policies for the protection of child rights; review procedures and procedures for imposing sanctions by the State Agency for the Protection of Child Rights (SAPCHR). Statistical data are gathered by SAPCHR and by Child Rights Units in regions (qark). The Joint Order between the Ministry of Social Welfare and Youth and the Ministry of Interior "On the Protection of the rights of children exposed to different forms of abuse" strengthens cooperation between the responsible structures. The criteria for accepting persons in public and non-public residential social care institutions are defined. Children from the age of 6-16 are accommodated at children's home for school age (orphanage); Orphan children stay at these institutions until the age of 18.

Para 89) The Social Protection Cross Cutting Strategy laid down the objectives of decentralizing and deinstitutionalizing social care services for children. Reforming social services in social care facilities during the process of deinstitutionalization includes three alternatives: returning institutionalized children to their biological families (or to guardians, relatives); domestic and international adoption; placing children under temporary custody. Policies on protection of child rights occupied an important place in the National Strategy of Development and Integration 2007-2013.

Para 90) The Action Plan on Children 2012-2015 aims at strengthening the functioning of institutional mechanisms in application of the law and promoting the local government to draft comprehensive policies for children. The Plan defines concrete measures and activities related to application of policies and objectives for the welfare of the child; policies for the prevention and protection from violence and exploitation; policies to ensure a comprehensive educational system; health care; policies in the field of juvenile justice. In some regions of the country the inter-institutional cooperation at central and local level is translated into strategy and action plans to guarantee the promotion and protection of child rights.

UN Compilation:
Para 16) Several treaty bodies welcomed the National Strategy on Gender Equality and Reduction of Gender-based Violence in the Family for 2011-2015. While commending the criminalization of domestic violence and spousal rape, the HR Committee noted with regret the continuing reports of domestic violence against women and children. It was concerned at: reports of ineffective police investigation into complaints of domestic violence; the low number of convictions; and the lack of follow-up to protection orders and of a sufficient number of shelters for victims of domestic violence