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5.4
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Recognition of same-sex unions in Kosovo GudangMovies21 Rebahinxxi LK21
Kosovo does not recognize same-sex marriages or civil unions. On 25 April 2024, Prime Minister Albin Kurti announced the government's intention to legalize civil unions as part of a new civil code.
Kosovo does not recognize civil unions (Albanian: bashkim civil, pronounced [baʃˈkim tsiˈvil]; Serbian: животно партнерство, životno partnerstvo, pronounced [ʒǐvotno pârtnerstvo]) which would offer same-sex couples a subset of the rights, benefits and obligations of marriage. Despite not being a member state of the Council of Europe, Kosovo is de facto under the jurisdiction of the European Convention on Human Rights (ECHR). The ECHR has ruled, with respect to Romania in Buhuceanu and Others, Russia in Fedotova and Others, Bulgaria in Koilova and Babulkova, Ukraine in Maymulakhin and Markiv, and Poland in Przybyszewska and Others, that Article 8 of the European Convention on Human Rights, which guarantees a right to private and family life, places a positive obligation on all member states to recognize same-sex partnerships.
On 7 July 2020, Minister of Justice Selim Selimi announced that the government planned to introduce a new civil code within "a few months" that would legalize same-sex civil partnerships. The move was criticised by some LGBT rights groups because it entrenched a legal distinction between opposite-sex and same-sex couples. If the civil code had been passed, an additional law detailing the rights, benefits and obligations of civil partners would have been required. The draft was rejected at first reading by the Assembly on 16 March 2022 in a 28–29 vote with 4 abstentions.
On 25 April 2024, Prime Minister Albin Kurti announced his government's intention to legalize same-sex unions. "Kosovo will make an effort to soon become the second country in the Western Balkans, after Montenegro, which guarantees its citizens the right to a same-sex life partnership. We will work hard to pass this in the near future", said Kurti, who also announced his government's intention to meet the rights and needs of the Serbian minority.
In 2014, the President of the Constitutional Court, Enver Hasani, said that Kosovo de jure allows same-sex marriage. Hasani based his reasoning on Article 24(2) of the Constitution of Kosovo, which states that "no one shall be discriminated against on grounds of race, color, gender, language, religion, political or other opinion, national or social origin, relation to any community, property, economic and social condition, sexual orientation, birth, disability or other personal status." Additionally, Article 37 of the Constitution states:
Based on free will, everyone enjoys the right to marry and the right to have a family as provided by law.
Article 14 of the Law on Family (Albanian: Ligji për familjen; Serbian: Закон о породици, Zakon o porodici) defines marriage as a "legally registered community of two persons of different sexes," though LGBT activists have argued that this wording contradicts Article 24 of the Constitution and have called on same-sex couples to challenge the law in court.
Public opinion
A December 2022 Ipsos survey showed that 20% of Kosovars considered same-sex marriage "acceptable" (9% "completely" and 11% "mainly"), while 77% considered it "unacceptable" (67% "completely" and 10% "mainly"). This represented an increase of support from 2015 when 12% of Kosovars supported same-sex marriage. With regard to special rights, 45% of respondents supported the right of same-sex couples to receive survivor pension benefits in case of the partner's death.
See also
LGBT rights in Kosovo
Recognition of same-sex unions in Europe
Balkan sworn virgins (burrnesha; women who take a vow of chastity and live as men, sometimes to avoid arranged marriages or to be able to inherit the family's wealth)
Notes
References
Kata Kunci Pencarian:
Kosovo mulls same-sex unions amid fierce criticism
Kosovo Move to Legalise Same-Sex Unions Faces Backlash | Balkan Insight
Kosovo promises to introduce same-sex unions in May - Euractiv
Muslim Majority Kosovo Considers Same-Sex Unions Amid Fierce Opposition
CNE.news
Kosovo's justice minister reveals gov't plan on same-sex civil union ...
Muslim-majority Kosovo considers same-sex unions amid fierce opposition ...
Gender equality | United Nations Development Programme
Kosovo Faith Leaders Unite Against Same-Sex Marriages - Prishtina Insight
Muslim majority Kosovo considers same-sex unions amid fierce opposition
Strengthening Legal Protections: The Road to Same-Sex Marriage in ...
LGBT activists are challenging Kosovo's same-sex marriage laws | PinkNews
