Domestic Case Law

Për Masa Ndaj Dhunës në Marrëdhëniet Familjare (On Measures Against Violence in Family Relations) Ligji Nr. 9669 i datës 18.12.2006 (2006)

Domestic and intimate partner violence, Property and inheritance rights

Article 10 (Protection Measures against Domestic Violence) provides the court with the power to order, among other things, the immediate removal of the perpetrator from the place of residence for a certain period of time, the prohibition of the perpetrator from being within a certain distance of the victim, a court officer to accompany the victim or the perpetrator to the victim’s residence to remove personal belongings, and the perpetrator to pay rent as well as certain support contributions to the victim, children, or other members of the family under their care. (English translation available here.)

Kodi i Punes (Labor Code) (2008)

Employment discrimination, Gender discrimination, Sexual harassment

The Labour Code enshrines equality in the workplace into Albanian legislation and provides specific protection to women’s rights. Article 9 (Prohibition against Discrimination) expressly prohibits any discrimination in the fields of labour and education (including but not limited to discrimination based on sex, race and nationality). Article 32 (Protection of Personality) specifically prohibits any acts of sexual harassment against an employee by an employer or other employees. Sexual harassment is defined to include any act that “considerably harms the psychological state of the employee because of sex.” Article 54 (Working Conditions) provides a requirement for pregnant women to have breaks every three hours. Article 105/a (Woman's Employment Protection) provides that women cannot be dismissed solely based on the reason of pregnancy or child delivery. Article 115 (Equality between Sexes in terms of Reward) makes mandatory equal pay between men and women for carrying out jobs of equal value. (External link to the International Labour Organization website for Albanian labor-related legislation, including the ILO's unofficial English translation available here.)


Kodi Penal i Republikës së Shqipërisë (Penal Code of Albania) (2017)

Sexual violence and rape, Trafficking in persons

The amended law aims to harmonize its provisions with the highest international standards. The amendments include a new provision (Article 58 (The Rights of the Victim of the Criminal Offence)), which provides a number of guaranteed rights for victims of gender-based violence in criminal proceedings in accordance with international standards. Article 58 Paragraph 1 includes, among others, the right of access by the victim to various support services (such as psychological assistance, counseling etc.), the right to use his/her own language during the proceedings and the right to be informed at all stages of the proceedings about the arrest and release of the offender and the victim’s right to compensation. Article 58 Paragraph 2 requires the public authority in charge of the criminal procedures to immediately notify the victim of the rights in Paragraph 1 and keep records of such notification. Article 58(b) includes amendments to provisions related to victims of sexual violence and human trafficking. This includes the right to be interviewed by a police officer or prosecutor of the same gender, the right to refuse to respond to questions about his/her private life that are not related to the case, and the right to testify through audio-visual technology. (Unofficial English translation available here.)