Albanian Criminal Code to avoid discrimination of LGBTI people

PUBLIC STATEMENT

Albanian Criminal Code to avoid discrimination of LGBTI people

To:

Mr. Ilir Meta – Speaker Parliament of Albania 
Z. Fatmir Xhafa – Chairman Commission for Legal Affairs, Public Administration and Human Rights
Mrs Vasilika Hysi – Chairwoman Sub-commission for Human Rights 
Mrs Albana Vokshi – Chairwoman Commission for Labour, Social Affairs and Health
Mrs Olta Xhaçka – Chairwoman Sub-commission for Issues of Minors, Gender Equality and Domestic Violence

Honourable Speaker of Parliament and Chairpersons

Albania has made remarkable progress in the protection and advancement of the rights of lesbian, gay, bisexual, transgender and intersex people (LGBT). However, remnants of the communist era legislation continue to remain in Articles of the Criminal Code. Some continue to underpin the dignity and integrity of LGBTI people and discriminate them both on grounds of sexual orientation and gender.

Contrary to the Constitution, the Law for Protection from Discrimination and International Covenants undersigned by Albania these articles continue to punish homosexuality and distinguish it as particular to crimes committed against minors and adults alike. Also, some of them discriminate on the basis of gender and use contradictory measures of punishment which fail to protect all citizens from sexual crimes. 

More specifically we denounce and demand that articles 100, 101, 102, 102/a, 103, 104, 105, 106, 107 of the Criminal Code to be amended. As of now, they are judgmental and discriminatory towards LGBTI people because without any specific purpose they put emphasis on sexual orientation, despite the fact that sexual crimes are equally punishable despite the sexual orientation or even gender of the offender. Sexual violence against minors, women, and people with disabilities, by the threat of guns, in the workplace, towards a person under custody or in public places should be equally punishable regardless of the fact that they are of a homosexual or heterosexual nature, towards a woman or a man, from a man or a woman.

In particular articles 102 and 102/a of the Criminal Code are discriminatory both on grounds of sexual orientation and gender. Article 102 punishes “sexual violence with adult [women]”, thus making the assumption that only women can be victims of sexual violence and that their perpetrators are only men. Meanwhile article 102/a punishes “homosexual sexual violence with adult [men]” making the assumption that sexual crimes among homosexuals happen only with a man violating another man. As such both these paragraphs are discriminatory and fail to protect all victims of sexual violence.

The conceptualisations on gender and sexual orientation on the above articles are judgmental, discriminatory and out-dated compared to current perceptions and knowledge on sexual violence, national and international legislation and principles of non-discrimination. Sexual violence recognises no sexual orientation or gender and that should be reflected in the Criminal Code of the Republic of Albania.

We ask the Parliament of the Republic of Albania to change these articles in accordance with standards of non-discrimination which are severely affected by these articles.

PINK Embassy / LGBT Pro Albania