Laws

ALBANIA

Limited information only available for these topics

Access to Children
Adoption of Children
Age of Consent
Anti-Vilification
Artifical Insemination
Assisted Reproduction
Asylum / Refugees
Censorship, Free Speech
  Civil Unions
Custody of Children
Discrimination
Fostering Children
Gender Identity
Harassment
Hate Crimes
  HIV/Aids
Homosexuality
Immigration
Inheritance
In Vitro Fertilisation (IVF)
Marriage
Military
  Partners
Parenting
Property
Sodomy
Transgender, Transsexual
Violence
Wrongful Death

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Age of Consent Legislation/Cases/References
1.

National

On 24 January 2001, the age of consent in Albania became 14, regardless of gender and sexual orientation, and in the case of a girl, sex is also illegal if she is older than 14, but has not reached "sexual maturity", as provided by Article 100 of the criminal code [L1.1].


Criminal Code of the Republic of Albania. Section IV Sexual Crimes [L1.1].

Article 100. Sexual or homosexual intercourses with minors

Commission of sexual or homosexual intercourse with minor children, who have not reached the age of fourteen, or with a minor girl who has not reached sexual maturity, is punished by seven to fifteen years of imprisonment.

If the sexual or homosexual intercourse is committed in collusion with others, or repeatedly, or by force, or if serious consequences to health have been caused to the injured child, it is punished by fifteen to twenty five years of imprisonment.

If the offense has caused as a consequence the death or suicide of the minor child, it is punished by not less than twenty years of imprisonment.

(Amended by Law No. 8733, date 24 January 2001, article 15)

L1.1 LegislationLine: Criminal Code of the Republic of Albania (Accessed 30 DEC 12)
Censorship, Free Speech Legislation/Cases/References
1.

National

On 24 December 2012, the Commissioner for Protection from Discrimination (CPD) announced that it will take off the market all academic texts which discriminate against the LGBT community and update any others where same-sex relations and identities are discussed [R1.1].

R1.1 GayStarNews: Anti-gay academic books to be banned in Albania29 DEC 12
Discrimination Legislation/Cases/References
See also: [CENSORSHIP]
1.

National

On 04 February 2010, parliament passed a bill that guarantees citizens against discrimination on grounds of gender, race, color, ethnicity, religion and sexual orientation [R1.1].

R1.1 The Advocate: Albanian Gay Rights Law, Minus Marriage 05 FEB 10

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Gender Identity, Intersex,
Transgender, Transexual

[?]
Legislation/Cases/References
1.

National

The law in Albania prohibits transsexuals from marrying [R1.1].

Transsexuals have been refused permission to alter the gender recorded on birth certificates [R1.2].

R1.1 The Age: Britain May Liberalise (Transgender) Sex Laws 23 JUL 00
R1.2 The Daily Telegraph: Judge Calls for Law to Recognise Gay Partnerships04 APR 03
Hate Crime Legislation/Cases/References
1.

National

On 04 May 2013, the Parliament amended Article 50 (j) of the criminal code to strictly punish a crime 'when the offense is committed due to reasons related to gender, race, color, ethnicity, language, gender identity, sexual orientation, political opinions, religious or philosophical beliefs, health status, genetic predisposition, or disability' [R1.1].

Article 119 (a) adds a new crime, namely: "Providing to the public or distribution of deliberate materials containing racist, homophobic or xenophobic content, through the communication and information technology, is punishable by a fine or imprisonment up to two years". [R1.1].

R1.1 GayStarNews: Albania passes landmark gay hate crime laws 05 MAY 13
Homosexuality, Sodomy Legislation/Cases/References
See also: [AGE OF CONSENT]
1.

National

From 1995, the law in Albania permits consensual sex between same-sex couples [R1.1].

R1.1 ILGA: State-Sponsored Homophobia PDF 383kb MAY 08
Marriage Legislation/Cases/References
1.

National

On 08 February 2017, it was reported that Kristi Pinderi, executive director of the Albanian group PRO LGBT, had announced his organization would file a lawsuit requesting recognition of same-sex partnerships [R1.3].

On 04 February 2010, the parliament passed a bill that included discrimination protections for LGBT people, however a provision to legalize same-sex marriage was dropped [R1.2].

On 30 July 2009, it was reported that Albania may pass a law to allow same-sex civil marriages in a move to stop discrimination against same-sex couples [R1.1]

R1.3 HumanRightsWatch: Albanian Courts Asked to Recognize Same-Sex Partnerships 08 FEB 17
R1.2 The Advocate: Albanian Gay Rights Law, Minus Marriage 05 FEB 10
R1.1 PinkNews.co.uk: Albania's government to legalise gay marriage 30 JUL 09

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