Comparative Overview of Civil Partnership (Published)
Italian legislation has been used many times as an example in drafting the legislation of the Republic of Albania. Since this country has recently adopted the law on regulating civil partnership we are referring to dealing with this institution. Two people with the same gender and seniority create civil partnerships through the declaration before the Civil Registrar Officer and in the presence of two witnesses. Civil Registrar Officer then registers the civil partnership act in the civil registry. Civil partnership can be opposed by the party whose consent is taken by violence or driven by a great external fear set by itself. Also another reason why it can be opposed is also the case in which the consent was given in terms of error on the identity of the person or error over certain qualities of the other party. All people, regardless of sex, sexual orientation or gender identity, have the right to enjoy the protection afforded by human rights legislation, including respect for the right to life, security of the person and his or her privacy, protection against torture, from arbitrary arrest and detention, from discrimination, as well as the right to freedom of expression, association and peaceful assembly. The common living of a gay couple, coupled with a stability in their relationships, is included in the concept of family life.
Adhering to the principle of equality and non-discrimination is one of the challenges of the Albanian state to be part of the great European family and to meet the necessary criteria to characterize a democratic country.This challenge becomes greater as it requires not only political and institutional willingness, but also close cooperation with society to change attitudes and mentality discriminating against individuals or groups. Protecting the rights of individuals from discriminatory behavior because of sexual orientation and gender identity is such an issue.This paper aims to analyze how the Albanian legislation protects the rights of LGBTI. It is important to analyze the process of approximation of legislation with the international legislation. Positive changes were made, but remain current need for this process to continue.In the EU Progress Report for Albania 2013 explicitly states: There is legislation in the field of anti-discrimination policies, e.g. concerning the rights of persons lesbian, gay, bisexual, transgender and intersexual (LGBTI). Albanian authorities should implement the existing legislation and to draft new legislation in the field of anti-discrimination