LGBT rights in Kosovo

Due to the political instability from the 2008 Kosovo declaration of independence, the status of LGBT rights in Kosovo is presently unclear.

Age of consent

Male homosexuality became legal in Kosovo in 1970Fact|date=June 2008. Since 1 January 1991Fact|date=June 2008, Kosovo has an equal age of consent of 14 regardless of sexual orientation and/or gender and all sexual offences became gender-neutral.

Military service

LGBT persons are not banned from military service.Fact|date=June 2008

Protection based on sexual orientation in law

Article 24 of the Constitution of Kosovo bans discrimination on a number of grounds, including sexual orientation. [http://www.kushtetutakosoves.info/?cid=2,250 Draft Constitution of Kosovo (Fundamental Rights and Freedoms)] ] 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. [ [http://www.unmikonline.org/civpol/gender/doc/Anti-Discriminiation-Law-in-Kosovo-2004.pdf Law 2004/3: The Anti-Discrimination Law] , UNMIK]

Recognition of same-sex couples

Same-sex couples are currently not legally recognized under Kosovan law. Article 37 of the Constitution of Kosovo does, however, defines marriage in gender-neutral terms and affirms that "Based on free will, everyone enjoys the right to marry and the right to have a family"a] , while Article 24 forbids any discrimination, including on the grounds of sexual orientation. Whether this will be interpreted by the courts as indicating a right to same-sex marriage is yet to be seen.

Opinion polling

Opinions on homosexuality in Kosovo

60% of the Kosovo population say 'homosexuality is immoral and can be cured to normal heterosexuality'.Fact|date=March 2008

Opinions on same-sex marriage(s)

7% of Kosovos population support same-sex marriage(s) and 5% support adoption of children for same-sex couples.Fact|date=February 2008

Gay life in the country

Although Kosovo has among Europe's broadest anti-discrimination laws, public attitudes remain deeply homophobic 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. [Yusef Najafi, [http://www.metroweekly.com/gauge/?ak=2706 Gay man from Kosovo granted political asylum in the U.S.] , "Metro Weekly", May 17, 2007]

There are a few LGBT rights organisations in Kosovo, with the most prominent being the Center for Social Emancipation ( _sq. Qendra për Emancipim Shoqëror). 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. [ [http://www.247gay.com/article.cfm?id=14854&section=66 Kosovo: Gay, Lesbian Youth Leaders Under Serious Death Threats] , 247Gay.com, 25 May 2007]

The Center for Social Emancipation describes gay life in Kosovo as being "very underground". [ [http://www.qesh.org/eng.php Center for Social Emancipation] ] Significantly, Pristina or other Kosovan cities have no gay clubs, and there have so far been no gay pride parades.

Other LGBT issues

Sex reassignment surgery for transgendered persons has been legal since 2001. Blood, sperm and organ donations by gay and/or bi men became legal since December 2002. Lesbians can get access to reproductive technologies, such as IVF, etc since 2004. Since March 2006, Kosovo abolished homosexuality as a mental disorder.

ummary table

ee also

*Age of consent in Europe

Notes

Links

* [http://www.qesh.org/ Center for Social Emancipation] , Kosovan LGBT rights organisation
* [http://www.gaykosova.org/ GayKosova.org]