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Recent studies in Albania have revealed a prevalence of resistance towards LGBTQ+ rights.

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History

Homosexual activity in Albania

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Homosexual activity in Albania is legal.

Current status
Since Jun 1, 1995
Legal
The Penal Code passed on January 27, 1995 decriminalized consensual homosexual intercourse. Article 116 - the crime of "homosexuality" which punished homosexual intercourse when conducted forcefully, with minor people, or with persons unable to protect themselves has been completely repealed by amending the law from 2001.
Oct 1, 1977–May 31, 1995
Male illegal, female legal
The Penal Code adopted on June 15, 1977 criminalised 'pederasty' under Article 137 with deprivation of liberty for up to ten years.
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Aug 9, 1858–Oct 1, 1977
Legal
In 1858, the Ottoman Empire, then in control of Albania, legalized same-sex intercourse. However, according to the statements of the interior minister Musa Juka in 1937, homosexuality was still legal in Albania at that time and is believed to have been legal until the 1977 penal code.

Same-sex marriage in Albania

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Same-sex marriage in Albania is banned.

Current status
Since 2003
Banned
Albania does not legally recognize same-sex marriages, civil unions or domestic partnership benefits.
There is no definition of marriage in the 1998 Constitution.
Article 53: Everyone has the right to get married and have a family.... The entering into and dissolution of marriage are regulated by law."

In the Family Law from 2003, Article 7 reads: "Marriage can be concluded between a man and a woman who are 18 years or older." Article 163 states "Cohabitation is a factual union between a man and a woman."

Censorship of LGBT issues in Albania

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Censorship of LGBT issues in Albania is no censorship.

Current status
No censorship
In Albania, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
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Right to change legal gender in Albania

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Right to change legal gender in Albania is illegal.

Current status
Illegal
Law No. 10-129 on Civil Status of 2009 outlines the conditions required for changing legal gender. This can only be achieved if an error was made during the issuing of the birth certificate, not in cases of gender dysphoria or the receipt of gender-affirming care.

Gender-affirming care in Albania

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Gender-affirming care in Albania is banned.

Current status
Banned
There is currently no gender affirming care treatments offered to trans people in Albania.
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Legal recognition of non-binary gender in Albania

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Legal recognition of non-binary gender in Albania is not legally recognized.

Current status
Not legally recognized
Not legally recognized.
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LGBT discrimination in Albania

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LGBT discrimination in Albania is illegal.

Current status
Since Mar 13, 2010
Illegal
On February 04, 2010, Albanian parliament approved a unified anti-discrimination law, known as the Law on Protection from Discrimination, which prohibits, among other categories, discrimination on the basis of sexual orientation, gender identity and sex characteristics in all areas.
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LGBT employment discrimination in Albania

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LGBT employment discrimination in Albania is sexual orientation and gender identity.

Current status
Since Mar 13, 2010
Sexual orientation and gender identity
Chapter II of the Anti-Discrimination Law from 2010 bans discrimination in employment. Discrimination is prohibited on the basis of sexual orientation, gender identity and sex characteristics among others.
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LGBT housing discrimination in Albania

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LGBT housing discrimination in Albania is sexual orientation and gender identity.

Current status
Since Mar 13, 2010
Sexual orientation and gender identity
Article 20 of the Anti-Discrimination Law from 2010 bans discrimination in housing. Discrimination is prohibited on the basis of sexual orientation, gender identity and sex characteristics among others.
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Same-sex adoption in Albania

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Same-sex adoption in Albania is single only.

Current status
Since Dec 21, 2003
Single only
There are no adoption restrictions for single people. Also, no laws in place for same-sex couples.
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Intersex infant surgery in Albania

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Intersex infant surgery in Albania is full ban.

Current status
Since Jul 26, 2020
Full ban
On July 26, 2020, the Ministry of Health published the Medical Protocol for the Assessment of Children with Atypical Genital Development. According to the protocol, surgical interventions will only be permitted in cases when it is required and all interventions should be done according to protocol, and not according to the parent’s wishes.
Until Jul 25, 2020
Parental approval required
It is left to the parents to decide on whether an intervention to assign particular sex would take place.
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Serving openly in military in Albania

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Serving openly in military in Albania is legal.

Current status
Since Jan 1, 2008
Legal
LGBT allowed to serve openly in the military since 2008.
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Blood donations by MSMs in Albania

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Blood donations by MSMs in Albania is legal.

Current status
Since Jan 1, 2008
Legal
There are no restrictions for blood donations by MSMs.
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Conversion therapy in Albania

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Conversion therapy in Albania is banned.

Current status
Since May 16, 2020
Banned
Albania's order of psychologists has banned so-called "conversion therapy". To legally practice as a therapist in Albania you must be a member of and follow the rules of Albania's order of psychologists.
Until May 16, 2020
Not banned
Before Albania's order of psychologists made the move to ban conversion therapy, the practice was legal.

Equal age of consent in Albania

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Equal age of consent in Albania is equal.

Current status
Since Mar 13, 2001
Equal
With the Criminal Code Amendments of 2001, the age of consent of 14 became equal for everyone.
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Jun 1, 1995–Mar 12, 2001
Unequal
The age of consent was 18 years for homosexual intercourse and 13 years for heterosexual intercourse (for girls).
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LGBT Rights by District

View the LGBT laws in each individual district of Albania.