Routine intolerance, physical and psychological violence faced by LGBT people
19/06/2008
Submitted by
ILGA-Europe
A report by Thomas Hammarberg to the Committee of Ministers and to the Parliamentary Assembly of the Council of Europe highlights the routine "intolerance, physical and psychological violence" faced by LGBT people in Albania, and calls for efforts by the Albanian government to make victims of discrimination aware of their rights, and have an independent authority to receive their complaint. He also suggests a combination of public campaigns, integration of further sexual education within the school curricula, and further training of state professionals, including law enforcement, judicial and medical personnel.
The full text of the report is at:
https://wcd.coe.int/ViewDoc.jsp?R...mp;BackColorLogged=FDC864#P307_63341
The text of his comment on LGBT rights is as follows:
5.5 Rights of Lesbian, Gay, Bisexual, Transgender Persons
95. Same-sex consensual relations have been decriminalised by the Albanian Parliament but an open discussion regarding homosexuality remains taboo in Albania. Since 2004 the age of consent for heterosexual and homosexuals is 14. Albania does not recognise marriages or civil unions of any kind between same sex partners. A draft antidiscrimination law has been submitted to the parliament; among its provisions it addresses equal opportunities for all irrespective of sexual orientation.
96. LGBT persons are routinely subject to intolerance, physical and psychological violence and seen by many as persons suffering from an “illness”. There were reports from the OSCE Mission, human rights NGO’s and LGBT groups whom the Commissioner met that the LGBT community suffers abuses not only from the general public, but that there have also been cases of mistreatment by the police. The recent Naser Muhed Saidik Almalak case (relating to the arrest of five individuals in Tirana) highlighted shortcomings in police arrest and detention procedures when dealing with LGBT persons, but also discrimination, arbitrariness, maltreatment and the public disclosure of the health status of some of the arrested persons.
97. The People’s Advocate holds the mandate to receive complaints from individuals on cases such as discrimination or mistreatment by state authorities including the police. However, there is no single competent body that may accept complaints on the grounds of discrimination on the basis of sexual orientation in Albania in the context of employment. This lacuna, results in victims being dissuaded or discouraged entirely from seeking just satisfaction. The Commissioner would welcome efforts by the Albanian authorities to ensure that any victims of discrimination are firstly made aware of their rights, and have access to a fully independent competent authority to receive their complaint.
98. Although for the past decade same sex acts have been legal, attitudes have not changed much. This lacking public acceptance of LGBT may be attributable to the Communist heritage and patriarchal attitudes which have perpetuated a discriminatory and repressive attitude towards certain groups within society. To sensitise people on diversity of sexuality requires education. This could take the form of a combination of public campaigns, integration of further sexual education within school curricula and further training of state professionals including law enforcement, judicial and medical personnel.
The full text of the report is at:
https://wcd.coe.int/ViewDoc.jsp?R...mp;BackColorLogged=FDC864#P307_63341
The text of his comment on LGBT rights is as follows:
5.5 Rights of Lesbian, Gay, Bisexual, Transgender Persons
95. Same-sex consensual relations have been decriminalised by the Albanian Parliament but an open discussion regarding homosexuality remains taboo in Albania. Since 2004 the age of consent for heterosexual and homosexuals is 14. Albania does not recognise marriages or civil unions of any kind between same sex partners. A draft antidiscrimination law has been submitted to the parliament; among its provisions it addresses equal opportunities for all irrespective of sexual orientation.
96. LGBT persons are routinely subject to intolerance, physical and psychological violence and seen by many as persons suffering from an “illness”. There were reports from the OSCE Mission, human rights NGO’s and LGBT groups whom the Commissioner met that the LGBT community suffers abuses not only from the general public, but that there have also been cases of mistreatment by the police. The recent Naser Muhed Saidik Almalak case (relating to the arrest of five individuals in Tirana) highlighted shortcomings in police arrest and detention procedures when dealing with LGBT persons, but also discrimination, arbitrariness, maltreatment and the public disclosure of the health status of some of the arrested persons.
97. The People’s Advocate holds the mandate to receive complaints from individuals on cases such as discrimination or mistreatment by state authorities including the police. However, there is no single competent body that may accept complaints on the grounds of discrimination on the basis of sexual orientation in Albania in the context of employment. This lacuna, results in victims being dissuaded or discouraged entirely from seeking just satisfaction. The Commissioner would welcome efforts by the Albanian authorities to ensure that any victims of discrimination are firstly made aware of their rights, and have access to a fully independent competent authority to receive their complaint.
98. Although for the past decade same sex acts have been legal, attitudes have not changed much. This lacking public acceptance of LGBT may be attributable to the Communist heritage and patriarchal attitudes which have perpetuated a discriminatory and repressive attitude towards certain groups within society. To sensitise people on diversity of sexuality requires education. This could take the form of a combination of public campaigns, integration of further sexual education within school curricula and further training of state professionals including law enforcement, judicial and medical personnel.
