Albanian Family Code must allow same-sex couples to enter into civil unions

PINK Embassy / LGBT Pro Albania, Human Rights House in Albania (HRH) and Open Mind Spectrum Albania (OMSA) have asked last week the Minister of Justice Mr. Ylli Manjani and the Albanian Parliament to legally recognize the right of same-sex couples to enjoy the rights and duties that come from cohabitation, by amending articles 163 and 164 of the Albanian Family Code so that they are not discriminatory against LGBTI people.

Taking into consideration the fact that the Albanian Kuvendi is undertaking a thorough reform of the justice system and that the Family Code is also being carefully revised by the relevant Commissions, it is important that the fundamental human rigths of LGBTI people are not left out but are seen as an integral part of this process.

The demands of LGBTI and other human rights organizations are not solely based on the will and demands of the community but also take into account some of the most important national and international documents relevant to Albania such as:

• Article 53 of the Constitution of the Republic of Albania which says that everyone has the right to get married and have a family;
• The Law for Protection from Discrimination in the Republic of Albania;
• Council of Europe CM/Rec(2010)5 for member states to take measures in combating discrimination due to sexual orientation and gender identity;
• Recommendation of the European Court of Human Rights on Article 44/2 of the Convention for Human Rights and Fundamental Freedoms
• The Ombudsman’s Recommendation nr 201501, 690/2 for changes in the Family Code of the Republic of Albania;
• And the 7 May 2015 Resolution of the Albanian Parliament itself “For the protection of the rights and freedoms of people belonging to the LGBT community” where among other things the legal protection and advancement of LGBTI rights is recommended;

We ask for Articles 163 and 164 of the Family code to be changes as follows:

Article 163 to be changed as follows:

Cohabitation is a union between two people living as a couple, characterized by a common life which demonstrates a character of stability and continuity;

Article 164 to be changed as follows:

The conditions and procedures of registration, the consequences of registration, the means of ending cohabitation and the personal relationship including property rights are regulated by a special law.

While Albanian society continues to debate over the rights of LGBTI people it is important to understand that changing these articles and recognizing same sex couples does nothing else but guarantee equality of LGBTI people in front of the law:

The rights deriving from such recognition are:

1. The legal right to visit a partner in hospital or prison;
2. The legal right to benefit health and social insurance;
3. The legal right to be recognized as the closest kin in case of disability or death;
4. The legal right of inheritance;
5. The right to take legal action in sharing wealth or assets with the agreement of both partners;
6. The right of enjoying the inheritance in case of the partner’s death. 

The latest study in Albania reveals that LGBTI people are mostly vulnerable to discrimination and violence in their family environment along with friends and work colleagues. Therefore it is important that legal changes send to Albanian society the clear message that LGBTI people should enjoy their rights free from violence and discrimination be it in the family where they are born in or the one they wish to create when they grow up.