 | ||
Same-sex sexual activity legal? Legal since 1858 when part of the Ottoman Empire, again in 1994 as part of Yugoslavia. Gender identity/expression Transsexual persons allowed to change legal gender. Military service Gays and lesbians allowed to serve openly Discrimination protections Sexual orientation protections (see below) Recognition of
relationships No recognition of same-sex couples Adoption Any single person allowed to adopt. | ||
With the adaption of the new constitution, lesbian, gay, bisexual, transgender (LGBT) rights in Kosovo have been heavily improved on paper, making it one of the most liberal constitutions in the region and Europe, banning discrimination exclusively on 'sexual orientation'. However, the law enforcement on banning the discrimination based on sexual orientation remains weak.
Contents
- Yugoslavia
- UNMIK period
- Since independence
- Recognition of same sex relationships
- Military service
- Discrimination protection
- LGBT rights movement in Kosovo
- References
The Government of Kosovo has been a supportive structure of the LGBT community in Kosovo. In late 2013, the parliament passed a bill to create a coordinating group for the LGBT community. Many politicians have voiced their support for the LGBT movement, including the former Prime Minister and current Minister of Foreign Affairs Hashim Thaçi, Prime Minister Isa Mustafa, Chairman of the Assembly of Kosovo Kadri Veseli, Deputy Minister of Foreign Affairs Petrit Selimi, Vlora Çitaku, Mimoza Kusari-Lila and others.
Although no major LGBT event has been held in Kosovo so far, on 17 May 2014, well-known politicians, including the British Ambassador to Kosovo, Ian Cliff and local LGBT organizations like QESh and CEL took to the streets of Pristina to march against homophobia. The event was welcomed by the European Union office in Kosovo, and the government itself. A big LGBT flag covered the front side of the government building that night.
Yugoslavia
The Yugoslav Criminal Code of 1929 banned "lewdness against the order of nature" (anal intercourse) between human beings. The Socialist Federal Republic of Yugoslavia also restricted the offense to same-sex anal intercourse, with a maximum sentence reduced from 2 to 1 year imprisonment in 1959.
In 1994, male same-sex sexual intercourse became legal in the Autonomous Province of Kosovo and Metohija in 1994 as a part of the Federal Republic of Yugoslavia.
UNMIK period
In 2004, an equal age of consent of 14 regardless of sexual orientation and/or gender and all sexual offences became gender-neutral.
Since independence
Same-sex sexual intercourse is legal in the Republic of Kosovo.
Recognition of same-sex relationships
Kosovo's Constitution prohibits discrimination based on sexual orientation and says that "[...] everyone enjoys the right to marry and the right to have a family as provided by law."
In 2014, the President of the Constitutional Court has said that Kosovo de jure allows same-sex marriage., but due to the ongoing governmental crisis in Kosovo, this issue is still unclear. Article 144(3) of the constitution of Kosovo requires the Constitutional Court to OK any amendments to the constitution as to ensure they do not infringe upon the civil rights guaranteed by it previously, making a Proposition 8 like situation unlikely to occur.
Military service
LGBT people are allowed to serve openly in the military. However, due to discrimination, there is no such case known to the public.
Discrimination protection
Article 24 of the Constitution 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. Despite the anti-discrimination Law, the gay community lives a very underground life and little statistics are available about LGBT community in Kosovo.
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.
Kosovo LGBT rights group the Center for Social Emancipation describes gay life in Kosovo as being "underground" Gay clubs do not exist in Kosovo and LGBT life remains underground.
Blood, sperm and organ donation by gay and/or bisexual men became legal in December 2002. Since March 2006, Kosovo no longer classifies homosexuality as a mental disorder.
LGBT rights movement in Kosovo
There are currently three local LGBT rights organisations in Kosovo; Center for Equality and Liberty, Center for Social Group Development, and Center for Social Emancipation.