LGBT community in Kosovo, debates on the legal recognition

LGBT community in Kosovo, debates on the legal recognition
 In Kosovo, the ombudsman called on government institutions and lawmakers to implement the country's constitution when it comes to allowing same-sex marriage.

He made these calls during a debate on "Admission and legal recognition of LGBT members", part of the activities on the occasion of "Pride Week".

The People's Advocate, Naim Qelaj, said that the right to marriage, family life and non-discrimination should not be questioned.

"They can be part of the debate only on how much they are being implemented, who is responsible for not implementing them and what measures should be taken to implement them and bring to justice those who do not implement these rights. , fund. We are talking about a right and not our obligation. Our only obligation is to accept these people as they are," he said.

In March, the Kosovo parliament did not approve the Civil Code in principle amid strong opposition and debate due to disagreements with a part of the Code that aims to pave the way for the regulation of same-sex marriages.

The draft law on the Civil Code is expected to be submitted to parliament again next week, warned the advisor of the Ministry of Justice, Nazlije Balaj.

"We have tried to do our best to advance this policy and work forward to work towards recognizing the rights of the LGBI community because it is not just a matter of marriage but a deeper issue in terms of human rights, a matter of LGBT community," she said.


One of the articles of the Civil Code states that "registered civil unions between persons of the same sex are allowed" and that the conditions and procedures in this regard are regulated by a special law.

But this formulation is opposed by the People's Advocate, Naim Qelaj, who said that the regulation of same-sex marriage by law is discrimination and as such he will oppose it by sending it to the Constitutional Court.

"The very fact that it is regulated by a special law for people who are people like us but who have a different sexual orientation, is discrimination in itself," he said.

Director of the Center for the Development of Social Groups, an organization that deals with the rights of the LGBT community, Arbër Nuhiu, said that the current Civil Code does not solve anything about the rights of the LGBT community.

"It is not the idea to legally recognize only the issue of two persons, but it is the rights that derive from that legal marriage and here are the violations besides the violation of the right to start a family and the other violation that a homosexual couple can not inherit the property, I can not share the joint property, I can not receive the partner's pension in case of death, I can not have health insurance", he said.

Organizations working to protect the rights of the LGBT community say their situation has deteriorated, and that they are facing cases of domestic violence and violent harassment.

Kosovo passed an anti-discrimination law in 2004, and representatives of civil society and the LGBT community say the legal framework provides guarantees for their rights, but that this community is still forced to live in the shadows, fearing that the discovery of sexual orientation could lead to exclusion from family and society.
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