Data compiled by the Aleanca LGBT and published in the IGLA Europe Annual Review for 2020, points out that the draft Kosovo Civil Code published in July fails to make any progress on providing legal recognition to diverse families.
It defines marriage as a union between a man and a woman, despite the fact that the Constitution uses the gender-neutral term “spouse” in regard to marriage and forming a family, and includes a non-discrimination provision inclusive of sexual orientation. The draft is currently stalled in Parliament.
Highlighting bias-motivated speech, the report mentions a former MP of the Democratic Party of Kosovo (PDK), Mergim Lushtaku who said that he wanted to preserve the institution of family. He also spread false information about the well-being of children in diverse families, it adds.
It also notes that several members of the Vetvendosje, the largest political party which won Sunday’s elections, made negative remarks about the awareness-raising campaign on marriage equality by the Youth Initiative for Human Rights.
Organizations dealing with LGBTI rights, Center for Social Group Development (CSGD) and Center for Equality and Liberty (CEL) last year marked the International Day against Homophobia, Transphobia, and Biphobia by decorating trees with positive messages on rainbow ribbons, to draw attention to the situation of LGBTI people during the pandemic.
In October, CSGD, CEL, and other human rights organizations, organized the Pride Parade under the slogan “I Do”, which due to the COVID-19 pandemic took the form of a car parade.
The only other event that could be held this year was the FemTalk discussion, focusing on the “Parade in Pandemic Conditions”.
The pandemic had an effect by increasing the number of LGBTI individuals seeking psychological support increased, both online and in-person. Civil society organized group therapy sessions to combat stress and anxiety caused by the lockdown and to give tips on how to maintain healthy relationships with the outside world.
On the other side, the municipality of Prishtina announced the funding of a shelter with EUR 300,000 for LGBTI people who are survivors of domestic violence or became homeless due to family rejection. The municipality will closely cooperate with LGBTI organizations, while the construction will start during 2021.
Prishtina municipality also opened up a space that can be used by the LGBTI community to hold events, for meetings or hangouts, and access mental health support or other services.
In terms of legal gender recognition, the report mentions the case of Blert Morina, whose legal battle started in 2018. Eventually, this trans man successfully changed his gender marker and name in his official documents.
In late 2019, the Basic Court of Prishtina annulled previous judgments denying him this right and gave the authorities 15 days to proceed with the change.
The case gives hope that other trans people will face fewer obstacles accessing legal gender recognition.
“For the first time, the Court decided to recognize the right to gender identity without requiring evidence of surgical interventions or any medical change.” – Rina Kika, Blert Morina’s lawyer said.
The Court denied financial compensation for the stress and anxiety that Morina suffered during two years.
CSGD, CEL, the Council of Europe and EU Offices in Kosovo, and the Office for Good Governance agreed that a specific gender recognition law should be put in place, which must be preceded by an in-depth analysis of the existing legal framework.
