Albania

The history of LGBT rights in Albania is a story of extreme contrasts: from Ottoman decriminalization to harsh persecution under one of the world's most isolated communist regimes, followed by a rapid modernization of laws in the 21st century to align with the European Union.

Here is the historical overview of the legalization of homosexuality and gay rights in Albania.

Phase I: Ottoman Rule & Early Independence (1858–1944)
Like its Balkan neighbors, Albania's early legal history was shaped by the Ottoman Empire, which was surprisingly liberal regarding private sexual acts compared to Western Europe at the time.

1858: As part of the Ottoman Empire, the territory of Albania falls under the new Ottoman Penal Code, which decriminalizes homosexuality.

1912: Albania declares independence. The country largely inherits the Ottoman legal framework, meaning homosexuality remains technically legal for several decades during the pre-communist era.

1928: Under the Zogist era (King Zog I), a new Penal Code is adopted. While it did not explicitly criminalize homosexuality as a distinct crime, public morality laws were occasionally used against gay men.

Phase II: The Communist Era & Persecution (1944–1995)
The rise of dictator Enver Hoxha and the People's Socialist Republic of Albania marked the darkest period for human rights. Albania became the most isolated country in Europe, and the regime viewed homosexuality as "bourgeois decadence."

1977: The regime enacts a new Penal Code. Article 137 explicitly criminalizes "pederasty" (a term used by the regime to cover all male homosexual acts).

Punishment: The crime is punishable by up to 10 years in prison.

The regime frequently used this law to blackmail dissidents or purge political enemies. Being gay was considered a "crime against socialist morality."

Phase III: Decriminalization & Equalization (1995–2009)
Following the fall of communism in the early 1990s, Albania sought to join the Council of Europe. This required an immediate overhaul of its human rights laws.

1994: The post-communist government initially proposed a draft penal code that would have kept homosexuality illegal (reducing the sentence to 3 years). International pressure from the Council of Europe and ILGA forced them to withdraw it.

1995: Decriminalization. On January 20, 1995, the Parliament passes a new Penal Code that removes Article 137. Consensual homosexual acts between adults become legal.

2001: Age of Consent Equalized. The age of consent is equalized at 14 for everyone, regardless of sexual orientation or gender.

2008: The military law is updated to allow gays and lesbians to serve openly in the armed forces.

Phase IV: Anti-Discrimination & Modern Challenges (2010–Present)
In its bid for EU membership, Albania adopted some of the most comprehensive anti-discrimination laws in the Balkans. However, social acceptance lags behind, and legal recognition of relationships remains blocked.

2010: The Law on Protection from Discrimination is passed unanimously.

This is a landmark piece of legislation that explicitly bans discrimination based on sexual orientation and gender identity in all fields, including employment, education, and housing.

It established the Commissioner for Protection from Discrimination, an independent body to investigate complaints.

2013: The Criminal Code is amended to include sexual orientation and gender identity as protected grounds in hate crime laws. Assaults motivated by homophobia now carry heavier penalties.

2020: Conversion Therapy Ban. The Albanian Order of Psychologists bans its members from offering "conversion therapy" to minors or adults, stating it contradicts professional ethics.

2021: The anti-discrimination law is expanded to include sex characteristics (protecting intersex people) and HIV status.

Current Legal Status & Gaps
Despite strong anti-discrimination laws, Albania currently has a "rights gap" regarding families and transgender people:

Marriage/Unions: There is no legal recognition for same-sex couples (no marriage, no civil unions). The Family Code defines marriage strictly as between a man and a woman.

Adoption: Single people (regardless of orientation) can adopt, but joint adoption for same-sex couples is illegal.

Transgender Rights: There is currently no legal procedure for transgender people to change their legal gender marker on ID cards.