New Civil Code prevents gays and lesbians from getting married

In the second chapter of this code, marriage is defined, which legally in Kosovo is recognised only between two marriage mates of different genders.

“1. Marriage is a legally registered community between two marriage mates, whereby they freely decide to live together as husband and wife. Marriage is a constant living community of husband and wife legally arranged. The marriage is related to granting consent to husband and wife and signing them before the official (the official) of the civil situation”, says Article 1 at Article 1138.

Meanwhile, the director of the LGBT Community Equality and Freedom Centre in Kosovo (CEL), Blert Morina, has told Kalxo.com, that they consider such a thing to be a violation of the rights of the LGBTI community and is contrary to the Kosovo Constitution.

For us, especially now where we are in law-enforcement, I consider such a concession should not happen by institutions, where this point has to continue as such. The constitution is the highest act, and normally civil society should not lobby for certain laws because it should be the initiative of institutions, which should ensure that all laws are in line with the Constitution and not the opposite” is expressed.

Morina has called on Kosovo institutions to treat the LGBTI community equally.

If such a thing remains as it is, then we have the same job back to you! Our institutions need to understand and accept that the LGBTI community exists, which should be and be treated equal as the rest of society and not rule out the possibility of the crown bond between the two men, the two women”, has ended Morina.

This code has not yet entered into force and is under public discussion