UPR Sexual Rights Database

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UN Member State that is reviewed on its human rights record as part of the UPR process.

Categories of the types of information used during reviews

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Source of Reference

Recommending State

UN Member State or Permanent Observer making sexual rights related recommendations, comments or asking questions to the State under Review.

Review Documentation

Sources of information used as the basis for a State’s review.  Includes the State’s National Report, UN Compilation Report and a Stakeholder Summary.

UN Regional Group to which State under Review belongs.

UN Regional Group to which Recommending State belongs.

This will only match recommendations where the Source of Review is a State.

Implementation notes

State responses to recommendations and issues raised in the UN Compilation and Stakeholder summary.

Displaying 426 - 450 of 58160 recommendations found
  • State Under Review:

    Albania

    Albania
    Regional group
    EEG
    Political group
    OIC
    OIF
    Source Of Reference:

    Brazil

    Brazil
    Regional group
    GRULAC
    Political group
    OAS
    OEI
    Issue:
    • Sexual exploitation / slavery
    Type:
    Recommendation
    Session:
    6th session, December 2009
    Status:
    Accepted
    Contents:
    Consider fostering policies on combating child trafficking and define the crimes of the sale of children and child pornography.
    Implementation
    National Report:
    Para 84) Law "On the Protection of the Rights of the Child" aims at improving the system of child protection and provides for measures guaranteeing the life, upbringing and development of the child through the coordination of all actors. This law defines the monitoring mechanisms for the implementation of law, responsibilities of central and local government, the setting up of responsible institutions and administrative sanctions for cases of violation of child rights. Further, it provides for the protection of children from trafficking and from any form of exploitation and sexual ill treatment.

    Para 85) The Criminal Code provision on the offence of pornography is amended by adding new elements and making the punishment more severe. Regarding the offence of "trafficking in human beings" two provisions are added "Profiting or using services provided by trafficked persons" "Actions that facilitate trafficking" where more severe punishments are envisaged if these offences are committed against children.
  • State Under Review:

    Albania

    Albania
    Regional group
    EEG
    Political group
    OIC
    OIF
    Source Of Reference:

    Austria

    Austria
    Regional group
    WEOG
    Political group
    EU
    Issue:
    • "Honour crimes"
    • Domestic violence
    • Violence on the basis of sexual orientation
    Type:
    Recommendation
    Session:
    6th session, December 2009
    Status:
    Accepted
    Contents:
    Undertake awareness-raising campaigns to ensure the effective implementation of and respect for the laws of the State, in particular by ensuring the effective investigation and prosecution of honour killings and cases of violence, including domestic violence against women and children.
    Implementation
    National Report:
    Para 116) During this period, awareness raising campaigns were conducted to elimination gender stereotypes, to increase the political and public decision making of women and her economic empowerment; national conferences, meetings, programs with the electronic media, fairs with works of girls and women were organized; awareness raising materials are developed; posters, TV spots etc. An increased awareness by both state structures and society about gender issues is observed.

    Para 117) Activities organized to prevent trafficking aim to raise the awareness of the public and groups most at risk, such as children, youth, marginalized groups etc. Manuals, leaflets and brochures are published and distributed to prevent trafficking. TV spots, documentaries, TV and radio programmes are broadcasted. Seminars with the electronic media are organized and written regarding issues of trafficking in human beings. Topics related to trafficking in human being, issues about child protection, child rights, gender equality, domestic violence and sexual education are part of the curricula to raise the awareness of children and youth.
  • State Under Review:

    Albania

    Albania
    Regional group
    EEG
    Political group
    OIC
    OIF
    Source Of Reference:

    Slovenia

    Slovenia
    Regional group
    EEG
    Political group
    EU
    Issue:
    • Domestic violence
    Type:
    Recommendation
    Session:
    6th session, December 2009
    Status:
    Accepted
    Contents:
    Remain vigilant on the issues of blood feud and domestic violence; develop and support programmes to provide help to victims of domestic violence.
  • State Under Review:

    Albania

    Albania
    Regional group
    EEG
    Political group
    OIC
    OIF
    Source Of Reference:

    Canada

    Canada
    Regional group
    WEOG
    Political group
    OAS
    OIF
    Commonwealth
    Issue:
    • International human rights instruments
    Type:
    Recommendation
    Session:
    6th session, December 2009
    Status:
    Accepted
    Contents:
    Consider signing CRPD.
    Implementation
    National Report:
    Para 43) The CRPD was ratified by the Albanian Assembly in November 2012. Concerning the OP of the Convention, the Albanian authorities are evaluating this recommendation and shall soon consider its signing and ratification.
  • State Under Review:

    Albania

    Albania
    Regional group
    EEG
    Political group
    OIC
    OIF
    Source Of Reference:

    Argentina

    Argentina
    Regional group
    GRULAC
    Political group
    OAS
    OEI
    Issue:
    • International human rights instruments
    Type:
    Recommendation
    Session:
    6th session, December 2009
    Status:
    No Response
    Contents:
    Ratify those treaties which have not yet been ratified, such as OP-CESCR, and CRPD and its OP.
  • State Under Review:

    Albania

    Albania
    Regional group
    EEG
    Political group
    OIC
    OIF
    Source Of Reference:

    Spain

    Spain
    Regional group
    WEOG
    Political group
    EU
    OEI
    Issue:
    • International human rights instruments
    Type:
    Recommendation
    Session:
    19th session, May 2014
    Status:
    Accepted
    Contents:
    Sign and ratify the OP-ICESCR.
  • State Under Review:

    Albania

    Albania
    Regional group
    EEG
    Political group
    OIC
    OIF
    Source Of Reference:

    Argentina

    Argentina
    Regional group
    GRULAC
    Political group
    OAS
    OEI
    Issue:
    • Discrimination based on sexual orientation
    Type:
    Recommendation
    Session:
    19th session, May 2014
    Status:
    Accepted
    Contents:
    Study the possibility of strengthening the measures to fight discrimination, in order to eradicate the trend and/or the dissemination of stereotypes that lead to discrimination on the grounds of sexual orientation.
    Implementation
    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.
  • State Under Review:

    Albania

    Albania
    Regional group
    EEG
    Political group
    OIC
    OIF
    Source Of Reference:

    Philippines

    Philippines
    Regional group
    Asia-Pacific Group
    Political group
    ASEAN
    Issue:
    • Trafficking in women and / or girls
    Type:
    Recommendation
    Session:
    19th session, May 2014
    Status:
    Accepted
    Contents:
    Ensure effective implementation of the measures or strategies established to counter and prevent trafficking in persons, including by intensifying efforts to prosecute perpetrators and providing adequate protection to trafficking victims, especially women and children.
    Implementation
    National Report:
    Para 51) Legal and institutional framework in the field of trafficking is improved, and includes amendments to the Criminal Procedure Code (Law 35/2017) and an improved position and access to the criminal process for the victim. Law ‘On Social Care Services’ places a requirement on all institutions responsible for treatment of a trafficked persons to take all specific measures and actions for their assistance and support, in order to find a lasting solution. Law ‘On State Police’ provides for additional safeguards for the protection and comprehensive support for victims of trafficking, especially women and children. Para 52) The National Strategy on the Fight against Human Trafficking 2018-2020 is organised around four main pillars (investigation and criminal prosecution, victim protection and assistance, prevention, and coordination), with a budget for its activities. The Cross-sectoral Strategy on the Fight against Organised Crime, Illicit Trafficking and Terrorism 2013–2020, increasing the efforts in the fight against trafficking of persons. Strengthening international and inter-institutional cooperation with all stakeholders, in particular with the Serious Crimes Prosecution Office, which deals with trafficking cases of women, vulnerable groups and children.

    UN Compilation:
    Para 19) The Committee on the Elimination of Racial Discrimination welcomed the National Strategy on the Fight against Human Trafficking for 2018–2020,49 but was concerned that Roma and Egyptian women and children were disproportionately overrepresented among victims of trafficking. CEDAW was concerned that Albania remained a source and destination country for trafficking in women and girls, especially for trafficking linked to tourism in coastal areas.

    Stakeholder Summary:
    Para 13) In 2016, the Council of Europe Group of Experts on Action against Trafficking in Human Beings (CoE-GRETA) … … referred to a surge in the number of female victims of trafficking for the purpose of sexual exploitation and child victims trafficked for the purpose of sexual exploitation and/or begging during the tourist season.
  • State Under Review:

    Albania

    Albania
    Regional group
    EEG
    Political group
    OIC
    OIF
    Source Of Reference:

    Czechia

    Czechia
    Regional group
    EEG
    Political group
    EU
    Issue:
    • Training for state personnel on sexual rights issues
    • Domestic violence
    Type:
    Recommendation
    Session:
    19th session, May 2014
    Status:
    Accepted
    Contents:
    Ensure adequate training of police in order to increase their capability to deal with domestic violence cases, and take further steps to raise public awareness of domestic violence as a criminal offence.
    Implementation
    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.
  • State Under Review:

    Albania

    Albania
    Regional group
    EEG
    Political group
    OIC
    OIF
    Source Of Reference:

    UN Compilation

    Issue:
    • Gender equality
    Type:
    Review Documentation
    Session:
    19th session, May 2014
    Status:
    Neglected
    Contents:
    ... CESCR recommended that Albania enforce gender equality legislation, in particular the observance of the 30 per cent quota for representation of women in senior-level positions at public administration, academic and research institutions. [Para 40]
  • State Under Review:

    Albania

    Albania
    Regional group
    EEG
    Political group
    OIC
    OIF
    Source Of Reference:

    National Report

    Issue:
    • Sexual abuse
    • Sexual exploitation / slavery
    • International human rights instruments
    • Violence against women / gender-based violence
    • Domestic violence
    Type:
    Review Documentation
    Session:
    19th session, May 2014
    Status:
    N/A
    Contents:
    Since the first cycle of the UPR, Albania has signed or/and ratified the following Conventions and protocols: ...
    - OP-CRC-IC (ratified in 2013).
    - Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (ratified in November 2012).
    - Council of Europe Convention on Protection of Children against Sexual Exploitation and Sexual Abuse (ratified in 2009, entered into force 1.07.2010). [Para 9]
  • State Under Review:

    Albania

    Albania
    Regional group
    EEG
    Political group
    OIC
    OIF
    Source Of Reference:

    Portugal

    Portugal
    Regional group
    WEOG
    Political group
    EU
    OEI
    Issue:
    • International human rights instruments
    Type:
    Recommendation
    Session:
    33rd Session, May 2019
    Status:
    Unclear Response
    Contents:
    Ratify the OP-ICESCR.
    Explanation
    Noted. Taking into account that the subject-matter of this Convention are tribal peoples in independent countries whose social, cultural and economic conditions differ from other parts of the community and whose status is wholly or partially regulated by traditions, specific laws or regulations, and peoples in independent countries who are considered indigenous because of their background and who, regardless of their legal status, retain some or all of their own social, economic, cultural and political institutions, and given the fact that there are no such groups in the Republic of Albania, we consider that it is not a priority to ratify this convention.
  • State Under Review:

    Albania

    Albania
    Regional group
    EEG
    Political group
    OIC
    OIF
    Source Of Reference:

    Honduras

    Honduras
    Regional group
    GRULAC
    Political group
    OAS
    OEI
    ACS
    Issue:
    • Violence on the basis of sexual orientation
    • Violence on the basis of gender identity
    Type:
    Recommendation
    Session:
    33rd Session, May 2019
    Status:
    Accepted
    Contents:
    Strengthen policies to combat violent offences and hate crimes based on the sexual orientation and gender identity through establishing more solid links with the civil society and guaranteeing the implementation of legal provisions on hate crimes.
  • State Under Review:

    Albania

    Albania
    Regional group
    EEG
    Political group
    OIC
    OIF
    Source Of Reference:

    Chile

    Chile
    Regional group
    GRULAC
    Political group
    OAS
    OEI
    Issue:
    • Intersex persons' rights
    • Discrimination based on sexual orientation
    • Discrimination based on gender identity
    Type:
    Recommendation
    Session:
    33rd Session, May 2019
    Status:
    Accepted
    Contents:
    Develop programs in schools to eliminate harassment of LGTBI children and adolescents, and implement psychological support measures to reduce the dropout rates of LGTBI students.
  • State Under Review:

    Albania

    Albania
    Regional group
    EEG
    Political group
    OIC
    OIF
    Source Of Reference:

    Honduras

    Honduras
    Regional group
    GRULAC
    Political group
    OAS
    OEI
    ACS
    Issue:
    • Violence against women / gender-based violence
    Type:
    Recommendation
    Session:
    33rd Session, May 2019
    Status:
    Accepted
    Contents:
    Implement fully the normative framework and policies aimed at preventing violence against women, particularly by addressing factors that prevent denunciations of cases of gender-based violence.
  • State Under Review:

    Albania

    Albania
    Regional group
    EEG
    Political group
    OIC
    OIF
    Source Of Reference:

    Chile

    Chile
    Regional group
    GRULAC
    Political group
    OAS
    OEI
    Issue:
    • Domestic violence
    Type:
    Recommendation
    Session:
    33rd Session, May 2019
    Status:
    Accepted
    Contents:
    Increase the coordination between the institutions that provide prevention and rehabilitation services to victims of domestic violence, as well as ensure the resources for the operation of these institutions.
  • State Under Review:

    Albania

    Albania
    Regional group
    EEG
    Political group
    OIC
    OIF
    Source Of Reference:

    UN Compilation

    Issue:
    • Violence against women / gender-based violence
    Type:
    Review Documentation
    Session:
    33rd Session, May 2019
    Status:
    Reference Addressed
    Contents:
    The country team ... stressed the need to provide women and children who had been isolated as a result of blood feuds with economic aid, social services, education and health care, including a basic package of primary health-care services. [Para 12]
  • State Under Review:

    Albania

    Albania
    Regional group
    EEG
    Political group
    OIC
    OIF
    Source Of Reference:

    Stakeholder Summary

    Issue:
    • Marginalized groups of women
    Type:
    Review Documentation
    Session:
    33rd Session, May 2019
    Status:
    Not Followed up with a Recommendation
    Contents:
    JS1 reported that girl children in conflict with the law continued to be kept in the same premises as women … [Para 11]
  • State Under Review:

    Albania

    Albania
    Regional group
    EEG
    Political group
    OIC
    OIF
    Source Of Reference:

    Outcome Report

    Issue:
    • Contraception
    • Sexual harassment
    • Marginalized groups of women
    • Women's and / or girls' rights
    Type:
    Comment
    Session:
    33rd Session, May 2019
    Status:
    N/A
    Contents:
    International-Lawyers.org commended the improvements made by Albania in the areas of the rights of both women and children, including greater representation in government, mothers’ right to return to work after maternity leave and reversing the burden of proof in sexual harassment cases. It noted that, despite these advancements, Roma and Egyptian women and children remained two vulnerable groups. It noted that improving access to education for women would increase school enrolment and completion, delay marriage, and provide job opportunities and that access to birth control would delay the first childbirth resulting in better health outcomes. Nutrition and health services would result in improved weight, less infections and decreased mortality among children. [Para 432]
  • State Under Review:

    Albania

    Albania
    Regional group
    EEG
    Political group
    OIC
    OIF
    Source Of Reference:

    National Report

    Issue:
    • Gender equality
    • Violence against women / gender-based violence
    • Domestic violence
    Type:
    Review Documentation
    Session:
    6th session, December 2009
    Status:
    N/A
    Contents:
    Ministry of Labor, by means of its respective structures is the key responsible, coordinating, supporting and supervising authority in the field of labor, social affairs, gender equality and domestic violence. The Directorate of Equal Opportunities Policies near this Ministry (Sector of Gender Equality and Sector for Measures against Domestic Violence) has the mission of drafting and developing the policies for the promotion of equality in such fields as gender equality, inequality in skills/abilities, minority issues, age, generation and race inequality, the prevention and reduction of domestic violence and gender-related violence. [Para 27]
  • State Under Review:

    Albania

    Albania
    Regional group
    EEG
    Political group
    OIC
    OIF
    Source Of Reference:

    National Report

    Issue:
    • Trafficking in women and / or girls
    Type:
    Review Documentation
    Session:
    6th session, December 2009
    Status:
    N/A
    Contents:
    A series of activities about the prevention and fight against trafficking have been organized and awareness campaigns have taken place for the vulnerable groups (young people, women and girls, families facing social problems, families with a low educational level, Roma children etc.). [Para 104]
  • State Under Review:

    Albania

    Albania
    Regional group
    EEG
    Political group
    OIC
    OIF
    Source Of Reference:

    Italy

    Italy
    Regional group
    WEOG
    Political group
    EU
    Issue:
    • Gender equality
    • Domestic violence
    Type:
    Comment
    Session:
    6th session, December 2009
    Status:
    Not Followed up with a Recommendation
    Contents:
    Expressed confidence that the Albanian authorities will speed up the adoption of the law on domestic violence and to establish a monitoring mechanism for the implementation of gender equality policies both in the public and private sectors.
  • State Under Review:

    Albania

    Albania
    Regional group
    EEG
    Political group
    OIC
    OIF
    Source Of Reference:

    Austria

    Austria
    Regional group
    WEOG
    Political group
    EU
    Issue:
    • Gender equality
    • Women's and / or girls' rights
    Type:
    Recommendation
    Session:
    19th session, May 2014
    Status:
    Accepted
    Contents:
    Undertake a gender revision of and amend all laws regulating property rights with a view to ensure equal land and property entitlements for women and men.
    Implementation
    UN Compilation:
    Para 32) [CEDAW] noted with concern that only a small percentage of women in the country owned land, and that Law No. 33/2012, which provided for joint ownership by both spouses of property acquired during marriage, was not being implemented effectively.
  • State Under Review:

    Albania

    Albania
    Regional group
    EEG
    Political group
    OIC
    OIF
    Source Of Reference:

    France

    France
    Regional group
    WEOG
    Political group
    EU
    OIF
    Issue:
    • Violence against women / gender-based violence
    • Domestic violence
    Type:
    Recommendation
    Session:
    19th session, May 2014
    Status:
    Accepted
    Contents:
    Take action to effectively prevent and fight violence against women, particularly domestic violence.
    Implementation
    National Report:
    Para 38) Zero Tolerance of Violence against Women and Domestic Violence is a motto of the Albanian government. Law 47/2018 “On Measures against Violence in Family Relations’ has been amended to ensure compliance with the CoE Convention on preventing and combating violence against women and domestic violence, and the Convention on the Elimination of All Forms of Discrimination against Women. Several protection measures, particularly related to domestic violence, included in Law 18/2017, are: prevention and reduction of cases of domestic violence; prediction of the preliminary emergency protection order; participation of the psychologist and the preparation of a report to the police: increasing the efficiency and cooperation of the responsible structures; increasing qualified judicial support for victims of domestic violence.
    Para 39) On December 2017, the Assembly of the RoA approved the Resolution "On combating violence against women and girls and increasing the effectiveness of legal mechanisms for its prevention", and established the Permanent Parliamentary Subcommittee on Gender Equality and Prevention of violence against women.
    Para 40) Amendments of the Criminal Code, recognising domestic violence, sexual violence, engagement in sexual activity by use of force between spouses or cohabitants and enforced disappearance against pregnant women, children and unprotected persons as a criminal offence.
    Para 41) Law "On legal aid", which entered into force on 1 June 2018, provide access to justice for individuals with economic difficulties including disadvantaged groups. The law defines conditions, procedures and rules on administration of legal aid guaranteed by the state, equal access to the justice system, professional legal aid, and state institutions responsible for administering legal aid. This law provides as beneficiaries of stateguaranteed legal aid regardless of their income and property, expressly victims of domestic violence, sexually abused victims and victims of trafficking in human beings, to other categories such as child victims and juveniles in conflict with the law, persons in social care, persons without legal capacity to act and victims of discriminatory behavior.
    Para 42) Law No.22 / 2018 "On Social Housing", with regard of social housing programs provides for priority in terms of securing social housing victims of domestic violence, victims of trafficking and potential victims of trafficking.
    Para 43) The National Strategy on Gender Equality and Action Plan 2016-2020 provides specific objectives, indicators and budgets for each activity. The National Strategy and Action Plan on Gender Equality 2016–2020 provides for a comprehensive multi-sectoral response to gender-based violence and domestic violence and contains several measures on preventing and addressing violence against women, children and supporting the women and child victims. Para 44) National Referral Mechanism (NRM) for cases of violence in family relations was established at the local level in 60 municipalities (out of the then total of 61 municipalities), as well employees for gender equality, with the role of local coordinators against domestic violence. Since 2016 are adopted standards of services for victims of domestic violence. There is need for a multidisciplinary, rapid and effective approach, for national and local government units' awareness on budgeting of gender priorities, applying for funding to provide social services for victims of domestic violence.
    Para 45) The State Police has established a telephone service number 129 or 11 for all emergencies which operates 24 hours in 7 days. Since 2017, the Free Counselling Line 116- 117, is offering free of charge primary service of psycho-emotional support, counselling and assistance for the referral of violence, in a secure and confidential environment. National service counselling standards for victims of domestic violence were adopted.
    Para 46) An increase in reporting and cases management, particularly in cases of domestic violence, has been evidenced by the State Police. During 2016–2018, there are in total 13661 cases of domestic violence: 6187 claims for Emergency Protection Orders and Protection Orders (EPO / PO-7837 women and girls identified as victims of violence. 7847 lawsuits for EPO/PO.
    Para 47) According to the General Prosecution Office, in relation with criminal offense "Domestic Violence" from 2016–2018, the number of recorded criminal proceedings is: 3566 cases, with an increase of percentage year by year. The Prosecution Office submitted before the court over 79% of the criminal proceedings cases.
    Para 48) An online registration system on statistical data on domestic violence at the local level is operational. National Data System on domestic violence cases at the local level (REVALB) is used by 22 municipalities. Local violence coordinators in each municipality collect data on cases identified and addressed by the Referral Mechanism for Addressing Cases of Domestic Violence (Referral Mechanism). The system registers every case of violence identified and addressed by the local referral mechanism.
    Para 49) There are 6 non-public centers providing residential services (2 in Tirana, 1 in Berat, 1 in Korca, 1 in Elbasan, 1 in Vlora). In December 2018, was opened a Crisis Management Center for Victims of Sexual Violence “Lilium Center”, at the premises of the Tirana University Hospital Center "Mother Theresa". This Center provides 24/7 integrated services to victims of sexual violence by a multidisciplinary team. Standards of this Center were approved by Instruction of the Minister of Health and Social Protection in November 2018.
    Para 50) The awareness raising activities have been organized by the Ministry of Health and Social Protection within “the 16 days of activism against gender based violence and domestic violence” (25 November-10 December yearly), in close cooperation with line ministries, civil society organisations, international organizations.

    UN Compilation:
    Para 29) The United Nations country team noted that legislation on gender equality, nondiscrimination and domestic violence had improved, and that Albania was implementing the third National Strategy on Gender Equality for 2016–2020. CEDAW welcomed the amendment to the Labour Code that defined and reversed the burden of proof in cases of sexual harassment, …
    Para 30) The United Nations country team noted that the amendments made in 2018 to the law on measures against domestic violence had improved the legal definition of domestic violence, … CEDAW was concerned about the prevalence of gender-based violence, the low rate of reporting of cases of gender-based violence against women, the insufficient implementation of the national referral mechanism, the insufficient number of shelters for victims of gender-based violence and the restrictive criteria for admission to those shelters, and the frequent failure to enforce protection orders and emergency protection orders. The country team made similar observations and highlighted that women from disadvantaged groups faced additional barriers to accessing services.

    Stakeholder Summary:
    Para 15) Joint Submission 2 (JS2) reported that the Criminal Procedure Code was amended by Law no. 35/2017 and for the first time stipulated the procedural rights of victims of trafficking and sexual violence. It stated, however, that the country’s legislation did not guarantee the victims’ compensation. Under the Criminal Procedure Code, the State had the sole and exclusive ownership over the assets obtained through the seizure of criminal proceeds.
    Para 26) JS5 reported that domestic violence remained a widespread problem in Albania and exceeded all other crimes as the offence with the largest number of victims.78 It stated that there had been an increase in the number of prosecutions for repeat offenses and for violating civil orders for protection.
    Para 27) JS5 and JS2 reported that the recent amendments to the Law “On measures against violence in domestic relations” 7/2018, for the first time, provided for Emergency Protection Orders by the State Police. JS5 also reported that article 130/a of the Criminal Code defined domestic violence, but did not cover current or former partners where the victim and perpetrator were not married or did not live together. Both, JS5 and JS2 reported that the Law “On Free Legal Aid provided by the State” 111/2017, which provided the right for victims of domestic violence to obtain legal assistance, had not been fully implemented.
    Para 29) According to JS5, victims of sexual violence received little protection and few services as the country did not have rape crisis centers or sexual violence referral centers. Victims also faced problems accessing short-term housing with the number of shelters in the country and their capacity being insufficient.
    Para 30) JS5 further observed that the number of protection orders increased by one third due to increased awareness by victims of domestic violence, as well as the increased accountability of responsible institutions in addressing domestic violence. JS5 noted that courts dismissed an alarming number of protection order cases mostly because the petitioner had asked to withdraw the request or because the offender had failed to show up to the court hearing or following reconciliation.
  • State Under Review:

    Albania

    Albania
    Regional group
    EEG
    Political group
    OIC
    OIF
    Source Of Reference:

    France

    France
    Regional group
    WEOG
    Political group
    EU
    OIF
    Issue:
    • Intersex persons' rights
    • Discrimination based on sexual orientation
    • Discrimination based on gender identity
    Type:
    Recommendation
    Session:
    19th session, May 2014
    Status:
    Accepted
    Contents:
    Intensify efforts in the fight against all forms of discrimination, in particular against lesbian, gay, bisexual, transgender and intersex persons and minorities, by fully implementing the Law on Protection against Discrimination.
    Implementation
    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.