LGBT rights in Kosovo
 | This article needs additional citations for verification. (August 2014) |
LGBTQ rights in Kosovo | |
|---|---|
 | |
| Status | Legal since 1994[1] |
| Gender identity | Transsexual persons not allowed to change legal gender |
| Military | Gays and lesbians allowed to serve openly |
| Discrimination protections | Sexual orientation protections (see below) |
| Family rights | |
| Recognition of relationships | No recognition of same-sex couples |
| Adoption | No joint adoption by same-sex couples |
With the adaption of the new constitution, lesbian, gay, bisexual, transgender (LGBT) rights in Kosovo have been heavily improved, making it one of the most liberal constitutions in the region and Europe, banning discrimination exclusively on 'sexual orientation'.[2]
Law regarding same-sex sexual activity
Same-sex sexual activity became legal in Kosovo in 1994 as a part of Serbia and Montenegro. In 2004, an equal age of consent of 14 regardless of sexual orientation and/or gender and all sexual offences became gender-neutral.[1]
Recognition of same-sex relationships
While Kosovo's Constitution prohibits discrimination based on sexual orientation and says that "[...] everyone enjoys the right to marry and the right to have a family as provided by law"[2] (which the President of the Constitutional Court has said allows same-sex marriage[3]), same-sex marriage is effectively banned by Article 14(1) of the Family Law:
- "Marriage is a legally registered community of two persons of different sexes, through which they freely decide to live together with the goal of creating a family."[4]
Military service
LGBT people are allowed to serve openly in the military.
Discrimination protection
Article 24 of the Constitution of Kosovo bans discrimination on a number of grounds, including sexual orientation.[2] 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.[5]
Kosovo LGBT rights group the Center for Social Emancipation describes gay life in Kosovo as being "underground" [6] Gay clubs do not exist in Kosovo and LGBT life remains underground.[7]
Blood, sperm and organ donation by gay and/or bisexual men became legal in December 2002. Since March 2006, Kosovo no longer classifies homosexuality as a mental disorder.
LGBT rights movement in Kosovo
There are currently three local LGBT rights organisations in Kosovo; Center for Equality and Liberty, Center for Social Group Development, and Center for Social Emancipation.
Summary table
| Same-sex sexual activity legal |  (since 1994)
|
| Equal age of consent | (since 2004)
|
| Anti-discrimination laws in employment | (since 2004)
|
| Anti-discrimination laws in the provision of goods and services | (since 2004)
|
| Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) | (since 2004)
|
| Gays and lesbians allowed to serve openly in the military |
|
| Same-sex marriages | 
|
| Recognition of same-sex couples |
|
| Step-child adoption by same-sex couples |
|
| Joint adoption by same-sex couples |
|
| Right to change legal gender |
|
| Access to IVF for lesbians |
|
| Commercial surrogacy for gay male couples |
|
See also
Notes
- ^ a b State-sponsored Homophobia: A world survey of laws prohibiting same sex activity between consenting adults The International Lesbian, Gay, Bisexual, Trans and Intersex Association, authored by Lucas Paoli Itaborahy, May 2014
- ^ a b c Constitution of the Republic of Kosovo, Fundamental Rights and Freedoms
- ^ "Same-Sex Marriage Legal in Kosovo?". Human Rights Campaign. 12 September 2014.
- ^ "LAW NO. 2004/32 FAMILY LAW OF KOSOVO". Retrieved 16 June 2014.
- ^ Law 2004/3: The Anti-Discrimination Law, UNMIK
- ^ "Center for Social Emancipation". Qesh.org. Archived from the original on 16 November 2007. Retrieved 9 October 2009.
- ^ Lone Gay Bar’s Closure Leaves Kosovo Gays Bereft