| Location Header: | Kosovo |
| Legal Status: | Legal since 1858 when part of the Ottoman Empire, criminalized upon incorpotation into the Kingdom of Serbia in 1913, again made legal in 1994 as part of Yugoslavia |
| Gender Identity Expression: | Transgender people not permitted to change legal gender |
| Recognition Of Relationships: | No recognition |
| Adoption: | Any single person allowed to adopt[1] [2] |
| Military: | Gay, lesbian and bisexual people allowed to serve openly |
| Discrimination Protections: | Sexual orientation constitutional and statutory protections (see below) |
Lesbian, gay, bisexual, and transgender (LGBT) rights in Kosovo have improved in recent years, most notably with the adoption of the new Constitution, banning discrimination based on sexual orientation.[3] Kosovo remains one of the few Muslim-majority countries that hold regular pride parades.[4]
In 1858, the Ottoman Empire, then in control of Kosovo, legalized same-sex intercourse.[12]
See main article: LGBT history in Yugoslavia. The Yugoslav Criminal Code of 1929 banned "lewdness against the order of nature" (anal intercourse). The Socialist Federal Republic of Yugoslavia also restricted the offense to same-sex anal intercourse, with the maximum sentence reduced to 1 to 2 years' imprisonment in 1959.[13]
In 1994, male same-sex sexual intercourse became legal in the Autonomous Province of Kosovo and Metohija when it was a part of the Federal Republic of Yugoslavia.[14]
In 2004, during the United Nations Interim Administration Mission in Kosovo (UNMIK) period, the legal age of consent was set at 14 regardless of the individual's gender or sexual orientation,[15] and all sexual offenses were made gender-neutral.
Kosovo declared independence from Serbia in 2008. Same-sex sexual intercourse has remained legal. This period has also seen an increasing visibility for the LGBT community, and discussions surrounding such issues have become more mainstream. In 2008, the Constitution of Kosovo was promulgated, containing provisions outlawing discrimination on the basis of sexual orientation, amongst others.
In 2014, the President of the Constitutional Court said that Kosovo de jure allows same-sex marriage.[16] Article 144(3) of the Constitution of Kosovo requires the Constitutional Court to approve any amendments to the Constitution so as to ensure they do not infringe upon the civil rights previously guaranteed. Article 14 of the Law on Family (Albanian: Ligji për Familjen; Serbian: Zakon o porodici) defines marriage as a "legally registered community of two persons of different sexes," though Kosovo gay rights activists have argued this contradicts the wording of the Constitution and have called on same-sex couples to challenge the law in court.[17]
On 7 July 2020, Minister of Justice Selim Selimi announced that the new Civil Code would allow for same-sex civil partnerships, which the Government of Kosovo planned to introduce within a few months.[18] The move was criticised by some LGBT rights groups because it entrenched the legal distinction between opposite-sex and same-sex couples.[19] If the civil code is passed, a special law for civil unions will be required.[20] The draft Civil Code was rejected by the Assembly on 16 March 2022. Only 28 out of 120 MPs voted in favour of the bill.[21] [22]
On 25 April 2024 Prime Minister Albin Kurti announced his government's intention to legalize same-sex unions.[23]
Article 24 of the Constitution of Kosovo bans discrimination on a number of grounds, including sexual orientation. Kosovo is one of the few states in Europe with a constitutional ban on discrimination on the basis of sexual orientation. The wording states:[24]
The Anti-Discrimination Law of 2004 (Albanian: Ligji Kundër Diskriminimit; Serbian: Zakon protiv diskriminacije) passed by the Kosovo Assembly bans discrimination on the basis of sexual orientation in a variety of fields, including employment, membership of organizations, 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, victimization and segregation.[25]
On 26 May 2015, the Parliament Assembly approved amendments adding gender identity to Kosovo's anti-discrimination law. The amendments took effect in July 2015.[26]
In April 2019, the new Criminal Code of Kosovo went into force, with stronger protections for LGBT citizens. The law provides additional penalties for the commission of a hate crime motivated by the victim's or victims' sexual orientation or gender identity.[27]
Despite these legal protections, LGBT people tend to avoid reporting discrimination or abuse cases to the police. A total of 10 bias-motivated crimes against LGBT people were reported to the authorities in 2019, with a further 13 reported to LGBT organizations only.[28] In February 2019, authorities initiated a case against an official at the Ministry of Justice who had called for LGBT people to be beheaded. Police took him into custody.[29]
Transgender people are not allowed to legally change their gender in Kosovo, even if they have undergone sex reassignment surgery.[30] [31]
In 2017, a Kosovar citizen, Blert Morina, submitted a court case, seeking to change his name and gender on official identification documents. His request was rejected by Kosovo's Civil Registration Agency. His lawyer, Rina Kika, said he had requested a constitutional review of the agency's decision in July 2018.[32] [33] In December 2019, the Basic Court of Pristina ruled in Morina's favour, affirming his right to change both his name and sex marker on his identification documents. Kika said that "for the first time the court has decided to recognize the right to gender identity without offering evidence for surgical intervention or any medical change".[34] The Ministry of Justice and the Civil Registration Agency have stated that the judgment will not be considered precedent, and other transgender people will have to go through a similar court procedure.
See also: Sexual orientation and military service. Lesbian, gay, and bisexual people are allowed to serve openly in the military. However, they may face discrimination by peers when serving openly.
According to a 2018 guideline for "Blood Donation Week", those who have "intimate relationships with the same sex" cannot donate blood.[35]
An LGBT rights group, the Center for Social Emancipation, describes gay life in Kosovo as being "underground" and mostly secretive.[36] Kosovo has one gay bar, in Pristina.[37]
According to a 2015 survey conducted by the National Democratic Institute, 81% of LGBT Kosovars said they had been subject to psychological abuse, and 29% reported being victim of physical violence.[38]
Events celebrating the International Day Against Homophobia, Transphobia and Biphobia have been organized in Kosovo since 2007. The first pride parade occurred in Pristina in May 2016, with attendance from President Hashim Thaçi and British and American diplomats. The annual Pride Week has been held in Pristina since 2017. In 2018, Mayor Shpend Ahmeti participated.[39] During the event's third edition in October 2019, participants started at the Skanderbeg Square, making their way down Mother Teresa Boulevard to Zahir Pajaziti Square, passing the government and parliament buildings and other landmarks of the city, with the slogan "Whoever your heart beats for" (Për kon t'rreh zemra). The events have been held without incidence,[40] [41] and consist of various artistic exhibitions, parties, conferences, discussions and a parade.[42]
There are currently several local LGBT rights organisations in Kosovo. Among the most notable are the Center for Equality and Liberty (CEL; Albanian: Qendra për Barazi dhe Liri), the Center for Social Group Development (CSGD; Albanian: Qendra për Zhvillimin e Grupeve Shoqërore), and the Center for Social Emancipation (QESh; Albanian: Qendra për Emancipim Shoqëror).
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