LGBT rights in Kosovo
Encyclopedia
Due to the political instability from the 2008 Kosovo declaration of independence
, the status of lesbian, gay, bisexual, transgender (LGBT) rights in Kosovo is presently unclear.
in 1970. Since 1 January 1991, Kosovo has an equal age of consent
of 14 regardless of sexual orientation and/or gender and all sexual offences became gender-neutral
.
for transgender
ed persons has been legal since 2001.
Government spokesman Memli Krasniqi
stated, while the government supports the law against discrimination toward gay people, it has no plans open up the issue of same-sex marriage: "This issue is not relevant in Kosovo’s social context. It does not exist as a primary, secondary or tertiary issue to focus on. It is not in the government’s margins of importance, unless we consider looking at the law on marriage."
, since 2004.
bans discrimination on a number of grounds, including sexual orientation. Kosovo is thus one of the few states in Europe with a constitutional ban on discrimination on the basis of sexual orientation.
The Anti-Discrimination Law of 2004, passed by the Kosovo Assembly, bans discrimination on the basis of sexual orientation in a variety of fields, including employment, membership of organisations, education, the provision of goods and services, social security and access to housing. The definition of discrimination in this law explicitly includes direct and indirect discrimination, as well as harassment, victimisation and segregation.
and it is unclear the extent to which the law is applied. In 2007, a gay man from Kosovo was granted political asylum in the United States after being repeatedly beaten and harassed. He was allegedly also harassed by hospital staff and police, to which he reported the crimes.
Kosovo LGBT rights group the Center for Social Emancipation describes gay life in Kosovo as being "very underground". Significantly, Pristina
or other Kosovan cities have no gay clubs, and there have so far been no gay pride parade
s.
Blood
, sperm
and organ donation
s by gay and/or bi men became legal since December 2002. Since March 2006, Kosovo abolished homosexuality as a mental disorder.
2008 Kosovo declaration of independence
The 2008 Kosovo declaration of independence was adopted on 17 February 2008 by individual members of the Assembly of Kosovo acting in personal capacity and not binding to the Assembly itself...
, the status of lesbian, gay, bisexual, transgender (LGBT) rights in Kosovo is presently unclear.
Law regarding same-sex sexual activity
Male sexual activity became legal in KosovoKosovo
Kosovo is a region in southeastern Europe. Part of the Ottoman Empire for more than five centuries, later the Autonomous Province of Kosovo and Metohija within Serbia...
in 1970. Since 1 January 1991, Kosovo has an equal age of consent
Age of consent
While the phrase age of consent typically does not appear in legal statutes, when used in relation to sexual activity, the age of consent is the minimum age at which a person is considered to be legally competent to consent to sexual acts. The European Union calls it the legal age for sexual...
of 14 regardless of sexual orientation and/or gender and all sexual offences became gender-neutral
Gender-neutral
Gender neutrality describes the idea that language and other social institutions should avoid distinguishing people by their gender, in order to avoid discrimination arising from the impression that there are social roles for which one gender is more suited than the other...
.
Gender identity/expression
Sex reassignment surgerySex reassignment surgery
Sex reassignment surgery is a term for the surgical procedures by which a person's physical appearance and function of their existing sexual characteristics are altered to resemble...
for transgender
Transgender
Transgender is a general term applied to a variety of individuals, behaviors, and groups involving tendencies to vary from culturally conventional gender roles....
ed persons has been legal since 2001.
Recognition of same-sex relationships
Kosovo's Constitution does not restrict its definition of marriage to the union between a man and a woman, though same-sex couples are not currently recognized by law. Article 37 stipulates that anyone can enter into marriage based on free will. Given there are no references to gender on whom can marry based on free will, analysts have interpreted this article to provide legal basis for gay marriage and has been criticized by international conservative circles. However, Kosovar politicians who participated in the drafting process implied that there was a lot of pressure from international lawyers and partakers in the process and the article was understood to mean that marriage is the union between a man and a woman. Others have suggested that Article 24, which prohibits any form of discrimination based on one's sexual orientation, could be a possible path to the legislation of same-sex marriage. However, a court challenge has yet to be seen in the country.Government spokesman Memli Krasniqi
Memli Krasniqi
Memli Krasniqi is a Kosovo Albanian rap singer–songwriter, politician, spokesman and currently a member of the Democratic Party Of Kosovo.- Biography :...
stated, while the government supports the law against discrimination toward gay people, it has no plans open up the issue of same-sex marriage: "This issue is not relevant in Kosovo’s social context. It does not exist as a primary, secondary or tertiary issue to focus on. It is not in the government’s margins of importance, unless we consider looking at the law on marriage."
Adoption and family planning
Lesbians can get access to reproductive technologies, such as in vitro fertilisationIn vitro fertilisation
In vitro fertilisation is a process by which egg cells are fertilised by sperm outside the body: in vitro. IVF is a major treatment in infertility when other methods of assisted reproductive technology have failed...
, since 2004.
Military service
LGBT persons are not banned from military service.Discrimination protections
Article 24 of the Constitution of KosovoConstitution of Kosovo
The Constitution of Kosovo currently refers either to the Constitution of the Republic of Kosovo or to the Constitutional Framework for the Provisional Self-Government of Kosovo....
bans discrimination on a number of grounds, including sexual orientation. Kosovo is thus one of the few states in Europe with a constitutional ban on discrimination on the basis of sexual orientation.
The Anti-Discrimination Law of 2004, passed by the Kosovo Assembly, bans discrimination on the basis of sexual orientation in a variety of fields, including employment, membership of organisations, education, the provision of goods and services, social security and access to housing. The definition of discrimination in this law explicitly includes direct and indirect discrimination, as well as harassment, victimisation and segregation.
Living conditions
Although Kosovo has among Europe's broadest anti-discrimination laws, public attitudes remain deeply homophobicHomophobia
Homophobia is a term used to refer to a range of negative attitudes and feelings towards lesbian, gay and in some cases bisexual, transgender people and behavior, although these are usually covered under other terms such as biphobia and transphobia. Definitions refer to irrational fear, with the...
and it is unclear the extent to which the law is applied. In 2007, a gay man from Kosovo was granted political asylum in the United States after being repeatedly beaten and harassed. He was allegedly also harassed by hospital staff and police, to which he reported the crimes.
Kosovo LGBT rights group the Center for Social Emancipation describes gay life in Kosovo as being "very underground". Significantly, Pristina
Pristina
Pristina, also spelled Prishtina and Priština is the capital and largest city of Kosovo. It is the administrative centre of the homonymous municipality and district....
or other Kosovan cities have no gay clubs, and there have so far been no gay pride parade
Gay pride parade
Pride parades for the LGBT community are events celebrating lesbian, gay, bisexual and transgender culture. The events also at times serve as demonstrations for legal rights such as same-sex marriage...
s.
Blood
Blood donation
A blood donation occurs when a person voluntarily has blood drawn and used for transfusions or made into medications by a process called fractionation....
, sperm
Sperm donation
Sperm donation is the provision by a man, , of his sperm, with the intention that it be used to impregnate a woman who is not usually the man's sexual partner, in order to produce a child....
and organ donation
Organ donation
Organ donation is the donation of biological tissue or an organ of the human body, from a living or dead person to a living recipient in need of a transplantation. Transplantable organs and tissues are removed in a surgical procedure following a determination, based on the donor's medical and...
s by gay and/or bi men became legal since December 2002. Since March 2006, Kosovo abolished homosexuality as a mental disorder.
LGBT rights movement in Kosovo
There are a few LGBT rights organisations in Kosovo, with the most prominent being the Center for Social Emancipation . The organisation is mainly concerned with raising the visibility of the LGBT community and bringing about an extension of LGBT rights. In May 2007, the leaders of the group reported receiving death threats. The police initially refused to open a case, stating that the threats were not serious enough and that a private lawsuit should be initiated.Public opinion
60% of the Kosovo population say 'homosexuality is immoral and can be cured to normal heterosexuality'. 7% of Kosovos population support same-sex marriage(s) and 5% support adoption of children for same-sex couples.Summary table
| Homosexuality legal |  |
| Equal age of consent | |
| Anti-discrimination laws in employment | |
| Anti-discrimination laws in the provision of goods and services | |
| Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) | |
| Same-sex marriage(s) |  |
| Recognition of same-sex couples | |
| Adoption by same-sex couples | |
| Homosexuals allowed to serve in the military | |
| Right to change legal gender | |
| Access to IVF for lesbians | |
| MSM Men who have sex with men Men who have sex with men are male persons who engage in sexual activity with members of the same sex, regardless of how they identify themselves; many men choose not to accept sexual identities of homosexual or bisexual... s allowed to donate blood |
|
See also
- Politics of KosovoPolitics of KosovoThe Politics of Kosovo takes place in a framework of a multi-party parliamentary representative democratic republic, whereby the Prime Minister of Kosovo is the head of government, and the President of Kosovo is the head of state. Executive power is exercised by the Executive of Kosovo. Legislative...
- LGBT rights in EuropeLGBT rights in EuropeLesbian, gay, bisexual, transgender rights are widely diverse in Europe per country. Seven out of the ten countries that have legalised same-sex marriage are situated in Europe; a further fourteen European countries have legalised civil unions or other forms of recognition for same-sex couples...
- Age of consent in Europe