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Recognition of same-sex unions in Kosovo

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Part of the LGBTQ rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
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Kosovo does not recognize same-sex marriages or civil unions. On 25 April 2024, Prime Minister Albin Kurti announced the government's intention to legalize civil unions as part of a new civil code.

Civil unions

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Laws regarding same-sex partnerships in Europe¹
  Marriage
  Civil union
  Limited domestic recognition (cohabitation)
  Limited foreign recognition (residency rights)
  Unrecognized
  Constitution limits marriage to opposite-sex couples
¹ May include recent laws or court decisions that have not yet entered into effect.

Kosovo does not recognize civil unions (Albanian: bashkim civil, pronounced [baʃˈkim tsiˈvil]; Serbian: животно партнерство, životno partnerstvo, pronounced [ʒǐvotno pârtnerstvo]) which would offer same-sex couples a subset of the rights, benefits and obligations of marriage. Despite not being a member state of the Council of Europe, Kosovo is de facto under the jurisdiction of the European Convention on Human Rights (ECHR).[1] The ECHR has ruled, with respect to Romania in Buhuceanu and Others, Russia in Fedotova and Others, Bulgaria in Koilova and Babulkova, Ukraine in Maymulakhin and Markiv, and Poland in Przybyszewska and Others, that Article 8 of the European Convention on Human Rights, which guarantees a right to private and family life, places a positive obligation on all member states to recognize same-sex partnerships.[2]

On 7 July 2020, Minister of Justice Selim Selimi announced that a new civil code would legalize same-sex civil partnerships, which the Government of Kosovo planned to introduce within a few months.[3] The move was criticised by some LGBTQ rights groups because it entrenched a legal distinction between opposite-sex and same-sex couples.[4] If the civil code had been passed, an additional law detailing the rights, benefits and obligations of civil partners would have been required.[5] The draft was rejected at first reading by the Assembly on 16 March 2022 in a 28–29 vote with 4 abstentions.[6][7]

On 25 April 2024, Prime Minister Albin Kurti announced his government's intention to legalize same-sex unions.[8][9] "Kosovo will make an effort to soon become the second country in the Western Balkans, after Montenegro, which guarantees its citizens the right to a same-sex life partnership. We will work hard to pass this in the near future", said Kurti, who also announced his government's intention to meet the rights and needs of the Serbian minority.[10]

Same-sex marriage

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In 2014, the President of the Constitutional Court, Enver Hasani, said that Kosovo de jure allows same-sex marriage.[11] Hasani based his reasoning on Article 24(2) of the Constitution of Kosovo, which states that "no one shall be discriminated against on grounds of race, color, gender, language, religion, political or other opinion, national or social origin, relation to any community, property, economic and social condition, sexual orientation, birth, disability or other personal status." Additionally, Article 37 of the Constitution states:[12]

Based on free will, everyone enjoys the right to marry and the right to have a family as provided by law.[a]

Article 14 of the Law on Family (Albanian: Ligji për Familjen; Serbian: Закон о породици, Zakon o porodici) defines marriage as a "legally registered community of two persons of different sexes," though LGBT rights activists have argued that this wording contradicts Article 24 of the Constitution and have called on same-sex couples to challenge the law in court.[15]

Public opinion

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A December 2022 Ipsos survey showed that 20% of Kosovars considered same-sex marriage "acceptable" (9% "completely" and 11% "mainly"), while 77% considered it "unacceptable" (67% "completely" and 10% "mainly"). This represented an increase of support from 2015 when 12% of Kosovars supported same-sex marriage. With regard to special rights, 45% of respondents supported the right of same-sex couples to receive survivor pension benefits in case of the partner's death.[16]

See also

[edit]

Notes

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  1. ^ Albanian: Në bazë të pëlqimit të lirë, çdokush gëzon të drejtën të martohet dhe të drejtën që të krijojë familje në pajtim me ligjin.[13]
    Serbian: Свако има право на склапање брака, на основу слободног избора супружника и право на заснивање породице у сагласности са законом.[14]

References

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  1. ^ Istrefi, Kushtrim (2018). "Kosovo's Quest for Council of Europe Membership". Review of Central and East European Law. 43 (3): 255–273. doi:10.1163/15730352-04303002. ISSN 1573-0352.
  2. ^ "ECtHR: refusal of any form of legal recognition and protection for same-sex couples breaches Convention". EU Law Live. 17 January 2023.
  3. ^ "Kosovo's new civil code opens the way for gay marriage". bne IntelliNews. 8 July 2020.
  4. ^ "LGBTI groups criticise civil partnership plans". Prishtina Insight. 8 July 2020. Retrieved 8 September 2020.
  5. ^ Selimi, Selim (July 7, 2020). "Press conf. on finalization of the #CivilCode of..." Twitter. Retrieved September 29, 2021.
  6. ^ "Kosovo's parliament rejects new law recognising same-sex civil unions". euronews. 2022-03-17. Retrieved 2023-11-15.
  7. ^ "Kosovo Assembly fails to adopt the new Civil Code allowing same-sex civil unions". Gazeta Express (in Albanian). 2022-03-16. Retrieved 2022-03-17.
  8. ^ "Kosovo promises to introduce same-sex unions in May". Euractiv.
  9. ^ "Muslim majority Kosovo considers same-sex unions amid fierce opposition". Reuters. May 23, 2024. Retrieved October 15, 2024.
  10. ^ Dimitrievska, Valentina (29 April 2024). "Kosovo to become first Muslim-majority country to legalise same-sex marriage". Bne IntelliNews. Skopje.
  11. ^ "Same-Sex Marriage Legal in Kosovo?". Human Rights Campaign. 12 September 2014. Archived from the original on 6 July 2015. Retrieved 21 September 2014.
  12. ^ "Constitution of the Republic of Kosovo" (PDF). mapl.rks-gov.net. Retrieved 24 November 2024.
  13. ^ "Kushtetuta e Republikës së Kosovës". Gazeta Zyrtare e Republikës së Kosovës (in Albanian). Retrieved 24 November 2024.
  14. ^ "Устав Републике Косово" (PDF). Komisioni i Pavarur i Mediave (in Serbian). Retrieved 24 November 2024.
  15. ^ "Kosovo Rights Activists Seek Clarity on Gay Marriage". Balkan Insight. 4 July 2017.
  16. ^ "Attitudes towards LGBTIQ+ people in the Western Balkans" (PDF). ERA – LGBTI Equal Rights Association for the Western Balkans and Turke. June 2023.
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