Country report non-discrimination : transposition and implementation at national level of Council Directives 2000/43 and 2000/78 : Albania 2020.
Date: 2020-09-16
Institutions: Directorate-General for Justice and Consumers
Subjects: Albania, age discrimination, anti-discriminatory measure, discrimination based on disability, discrimination on the basis of sexual orientation, equal treatment, ethnic discrimination, national law, religious discrimination, report, sexual discrimination, social policy

Albania 

2020 

including summary 

 
 
 
 
 
 
EUROPEAN COMMISSION 

Directorate-General for Justice and Consumers 
Directorate D — Equality and Union citizenship 
Unit D.1 Non-discrimination and Roma coordination 

European Commission 
B-1049 Brussels 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
EUROPEAN COMMISSION 

Country report  

Non-discrimination 

Transposition and implementation at national level of 
Council Directives 2000/43 and 2000/78 

Albania 

Irma Baraku 

Reporting period 1 January 2019 – 31 December 2019 

2020    Directorate-General for Justice and Consumers 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Europe Direct is a service to help you find answers  
to your questions about the European Union. 

Freephone number (*): 

00 800 6 7 8 9 10 11 

(*)  The  information  given  is  free,  as  are  most  calls  (though  some  operators,  phone 

boxes or hotels may charge you). 

LEGAL NOTICE 

This document has been prepared for the European Commission however it reflects the views only of the 
authors, and the Commission cannot be held responsible for any use which may be made of the information 
contained therein. 

More information on the European Union is available on the Internet (http://www.europa.eu). 

Luxembourg: Publications Office of the European Union, 2020 

© European Union, 2020 

PDF  

ISBN 978-92-76-19811-6 

ISSN 2599-9176  

doi:10.2838/116487  

  DS-BB-20-020-EN-N 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Country report - Non-discrimination – Albania – 2020 

CONTENTS 

EXECUTIVE SUMMARY ........................................................................................ 5 
INTRODUCTION ................................................................................................ 13 
GENERAL LEGAL FRAMEWORK .................................................................. 16 
1 
THE DEFINITION OF DISCRIMINATION .................................................... 17 
2 
2.1  Grounds of unlawful discrimination explicitly covered ................................ 17 

2.1.1  Definition of the grounds of unlawful discrimination within the 

directives ................................................................................. 18 
2.1.2  Multiple discrimination ............................................................... 21 
2.1.3  Assumed and associated discrimination ....................................... 22 
2.2  Direct discrimination (Article 2(2)(a)) ...................................................... 22 
Indirect discrimination (Article 2(2)(b)) ................................................... 23 
2.3 
2.3.1  Statistical evidence ................................................................... 24 
2.4  Harassment (Article 2(3)) ...................................................................... 26 
2.5 
Instructions to discriminate (Article 2(4)) ................................................ 28 
2.6  Reasonable accommodation duties (Article 2(2)(b)(ii) and Article 5 Directive 

3 

2000/78) ............................................................................................. 29 
PERSONAL AND MATERIAL SCOPE ............................................................ 34 
3.1  Personal scope ..................................................................................... 34 

3.1.1 

EU and non-EU nationals (Recital 13 and Article 3(2), Directive 
2000/43 and Recital 12 and Article 3(2), Directive 2000/78) .......... 34 
3.1.2  Natural and legal persons (Recital 16, Directive 2000/43) .............. 34 
Private and public sector including public bodies (Article 3(1)) ........ 35 
3.1.3 
3.2  Material scope ...................................................................................... 36 
Employment, self-employment and occupation ............................. 36 

3.2.1 
3.2.2  Conditions for access to employment, to self-employment or to 

occupation, including selection criteria, recruitment conditions and 
promotion, whatever the branch of activity and at all levels of the 
professional hierarchy (Article 3(1)(a)) ........................................ 37 
Employment and working conditions, including pay and dismissals 
(Article 3(1)(c)) ........................................................................ 38 

3.2.3 

3.2.4  Access to all types and all levels of vocational guidance, vocational 

training, advanced vocational training and retraining, including 
practical work experience (Article 3(1)(b)) ................................... 38 

3.2.5  Membership of, and involvement in, an organisation of workers or 

employers, or any organisation whose members carry on a particular 
profession, including the benefits provided for by such organisations 
(Article 3(1)(d)) ........................................................................ 39 

3.2.6  Social protection, including social security and healthcare (Article 

3(1)(e) Directive 2000/43) ......................................................... 40 
3.2.7  Social advantages (Article 3(1)(f) Directive 2000/43) .................... 40 
3.2.8 
Education (Article 3(1)(g) Directive 2000/43) ............................... 41 
3.2.9  Access to and supply of goods and services that are available to the 

4 

public (Article 3(1)(h) Directive 2000/43) .................................... 45 
3.2.10  Housing (Article 3(1)(h) Directive 2000/43) ................................. 46 
EXCEPTIONS ............................................................................................. 48 
4.1  Genuine and determining occupational requirements (Article 4) .................. 48 
4.2  Employers with an ethos based on religion or belief (Article 4(2) Directive 

2000/78) ............................................................................................. 48 

4.3  Armed forces and other specific occupations (Article 3(4) and Recital 18 

Directive 2000/78) ................................................................................ 49 
4.4  Nationality discrimination (Article 3(2)) ................................................... 49 
4.5  Health and safety (Article 7(2) Directive 2000/78) .................................... 49 
4.6  Exceptions related to discrimination on the ground of age (Article 6 Directive 

2000/78) ............................................................................................. 50 
4.6.1  Direct discrimination ................................................................. 50 

3 

 
 
4.6.2  Special conditions for young people and older workers .................. 51 
4.6.3  Minimum and maximum age requirements ................................... 51 
4.6.4  Retirement ............................................................................... 52 
4.6.5  Redundancy ............................................................................. 53 
4.7  Public security, public order, criminal offences, protection of health, protection 
of the rights and freedoms of others (Article 2(5), Directive 2000/78) ......... 54 
4.8  Any other exceptions ............................................................................. 54 
POSITIVE ACTION (Article 5 Directive 2000/43, Article 7 Directive 
2000/78) .................................................................................................. 55 
REMEDIES AND ENFORCEMENT ................................................................. 58 
6.1  Judicial and/or administrative procedures (Article 7 Directive 2000/43, Article 

9 Directive 2000/78) ............................................................................. 58 

6.2  Legal standing and associations (Article 7(2) Directive 2000/43, Article 9(2) 

Directive 2000/78) ................................................................................ 62 
6.3  Burden of proof (Article 8 Directive 2000/43, Article 10 Directive 2000/78).. 64 
6.4  Victimisation (Article 9 Directive 2000/43, Article 11 Directive 2000/78) ...... 66 
6.5  Sanctions and remedies (Article 15 Directive 2000/43, Article 17 Directive 

2000/78) ............................................................................................. 66 

BODIES FOR THE PROMOTION OF EQUAL TREATMENT (Article 13 Directive 
2000/43) .................................................................................................. 69 
IMPLEMENTATION ISSUES........................................................................ 79 
8.1  Dissemination of information, dialogue with NGOs and between social partners79 
8.2  Measures to ensure compliance with the principle of equal treatment (Article 

5 

6 

7 

8 

14 Directive 2000/43, Article 16 Directive 2000/78) .................................. 80 
9 
COORDINATION AT NATIONAL LEVEL ....................................................... 82 
10  CURRENT BEST PRACTICES ....................................................................... 85 
11  Sensitive or controversial issues .............................................................. 86 
11.1  Potential breaches of the directives at the national level ............................ 86 
11.2  Other issues of concern ......................................................................... 86 
12  LATEST DEVELOPMENTS IN 2019 .............................................................. 87 
12.1  Legislative amendments ........................................................................ 87 
12.2  Case law .............................................................................................. 87 
12.3  Cases brought by Roma and Travellers .................................................... 91 
ANNEX 1: MAIN TRANSPOSITION AND ANTI-DISCRIMINATION LEGISLATION  92 
ANNEX 2: INTERNATIONAL INSTRUMENTS ....................................................... 94 

4 

 
 
 
EXECUTIVE SUMMARY 

1. Introduction 

Albania’s  current  population  is  2 845 955.1  After  the  1990s,  Albania  entered  a  difficult 
period  of  transformation  from  a  dictatorial  system,  where  human  rights  and  individual 
freedoms were limited (in that the individual was completely at the disposal of the state 
and  the  ruling  ideology),  to  a  democratic  state.  The  respect  for  human  rights  is  an 
essential  condition  in  this  long  process  of  transformation.  In  order  to  achieve  this  goal, 
significant  steps  have  been  taken  in  the  process  of  aligning  the  Albanian  legislation  on 
human  rights  and  fundamental  freedoms  with  the  international  standards  for  their 
protection and the establishment of mechanisms that ensure their effective protection. 

The  key  findings  of  the  European  Commission’s  2019  report  on  Albania  noted  that  the 
country had developed its legal framework in line with European standards, although the 
overall implementation of those instruments  still needed to be strengthened. The report 
acknowledges the adoption by the Albanian Parliament, in May 2018, of the new Law on 
social  housing,2  which  aims  to  strengthen  the  protection  of  the  right  to  housing  for  the 
most vulnerable members of the Roma and Egyptian communities,3 as a positive step. 

The  Roma  community  in  Albania  was  first  mentioned  in  1635,  but  for  more  than  five 
centuries,  there  has  been  no  accurate  survey  of  the  number  of  Roma  living  in  Albania. 
The Roma minority are predominantly located in Tirana, Lezha, Fier and Elbasan.4 

According  to  the  European  Commission’s  2019  report  on  Albania,  there  is  a  need  to 
review the national  approach to  employment because of a low level of  employment and 
labour force participation among Roma. Despite the positive overall trend5 in the field of 
education,  the  gap  between  Roma/Egyptians  and  non-Roma  children  living  in  the  same 
areas  remains  significant,  and  the  issue  of  segregation  in  schools  should  be 
systematically addressed.6 

According  to  the  same  report,  substantial  efforts  are  needed  to  ensure  meaningful  and 
systematic  consultation  with  civil  society  as  part  of  an  inclusive  policy  dialogue  for 
reforms.7  

Regarding the human rights institutions, the report concludes that ‘The Ombudsman, the 
Commissioner  for  Protection  against  Discrimination  and  other  independent  institutions 
still face poor implementation of their recommendations by the Albanian administration’.8  

2. Main legislation 

The  Albanian  legislation  offers  general  protection  of  human  rights  and  especially  of  the 
principle  of  equality  and  non-discrimination.  The  Constitution  is  the  highest  law  in 
Albania.  It  accepts  international  law  as  part  of  domestic  law,  and  in  the  hierarchy  of 
norms  they  stand  immediately  after  the  Constitution.  Ratified  international  agreements 
are  directly  applicable,  unless  they  are  not  enforceable  and  require  the  adoption  of 
special  laws.  The  Constitution  provides  for  the  equality  of  citizens  before  the  law  and 

1   See http://www.instat.gov.al/media/6849/popullsia_me-_1_janar_2020.pdf. 
2   Law No. 22/2018 on social housing also covers protection from forced evictions.  
3  European Commission (2019), ‘Key Findings of the 2019 Report on Albania’, Brussels, 29.05.2019, p. 5, 

available at: https://europeanwesternbalkans.com/2019/05/29/key-findings-2019-european-commission-
report-albania/. 

4  See http://www.minoritetet.gov.al/?page_id=1388. 
5   Roma children continue to benefit from free textbooks and transportation to remote schools. 
6   European Commission (2019) ‘Key Findings of the 2019 Report on Albania’, Brussels, 29.05.2019, p. 32. 
7    European Commission (2019), Albania 2019 Report, Strasbourg, 29.05.2018, SWD (2019)215 final, pp. 10-

11.  

8   European Commission (2019) ‘Key Findings of the 2019 Report on Albania’, Brussels, 29.05.2019.  

5 

 
 
 
 
 
 
 
 
 
 
 
protection  against  discrimination  based  on  the  grounds  of  gender,  race,  religion, 
ethnicity,  language,  political,  religious  or  philosophical  beliefs,  economic  condition, 
education, social status, or parentage. The Constitution does not explicitly protect all the 
grounds covered by the directives, such as age, disability and sexual orientation. 

The  constitutional provisions  apply to all areas covered by the directives.  Their material 
scope is broader than those of the directives.  

Law No. 10 221/2010 on protection from discrimination (LPD) provides for the protection 
against  discrimination  in  detail;  the  Law  states  that  its  object  is  to  regulate  the 
implementation  of  and  respect  for  the  principle  of  equality  in  connection  with  a  non-
exhaustive  list  of  grounds  (gender,  race,  colour,  ethnicity,  language,  gender  identity, 
sexual  orientation,  political,  religious  or  philosophical  beliefs,  economic,  education  or 
social  situation,  pregnancy,  parentage,  parental  responsibility,  age,  family  or  marital 
condition,  civil  status,  residence,  health  status,  genetic  predispositions,  disability, 
affiliation  with  a  particular  group  or  for  any  other  grounds).  The  LPD  does  comply  with 
the  directives  regarding  minimum  protected  grounds,  definitions  and  forms  of 
discrimination,  effective,  proportionate  and  dissuasive  sanctions,  use  of  statistical  data, 
and dialogue with CSOs. 

The  equality body established by the law in May 2010, the Commissioner for  Protection 
from Discrimination (CPD), meets the requirements of Directive 2000/43. 

Other  amendments  to  national  legislation  such  as  the  Labour  Code,  the  Criminal  Code, 
the  Code  of  Administrative  Procedure  and  the  new  Law  on  social  housing  are  important 
steps in strengthening guarantees for victims of discriminatory behaviour. 

3. Main principles and definitions 

The LPD provides protection and definitions in accordance with the directives for  several 
forms  of  discrimination,  including  direct  and  indirect  discrimination,  harassment, 
victimisation,  genuine  occupational  requirements,  instruction  to  discriminate,  and  denial 
of  reasonable  accommodation.  As  envisaged  under  the  Labour  Code,  employers  have  a 
duty  to  provide  reasonable  accommodation  for  people  with  disabilities.  In  addition,  the 
Law  on  the  inclusion  of  and  accessibility  for  persons  with  disabilities  contains  a  duty  to 
provide reasonable accommodation, including in the field of employment and occupation. 

However,  in  addition,  Article  3(1)  of  the  LPD  provides  a  general  definition  of 
discrimination as follows:  

‘“discrimination”  is  any  distinction,  exclusion,  restriction  or  preference,  based  on 
any  ground  mentioned  in  Article  1  of  this  law,  which  has  as  a  purpose  or 
consequence  hindering  or  making  impossible  the  exercise  in  the  same  manner  as 
others  of  the  fundamental  rights  and  freedoms  recognised  by  the  Constitution  of 
the Republic of Albania, the international acts ratified by the Republic of Albania, as 
well as the laws in force.’9 

By  thus  connecting  the  definition  of  discrimination  to  fundamental  rights  and  freedoms, 
this provision causes some confusion. On the other hand,  Article 2 states that the Law’s 
purpose  includes  assuring  equality  of  opportunities  and  effective  protection  from  any 
form  of  discrimination.  Segregation  and  multiple  discrimination  are  not  explicitly 
prohibited by the LPD. 

9   Law No. 10 221/2010 on protection from discrimination, 4 February 2010, available at: 

https://kmd.al/wp-content/uploads/2019/06/law-brochure-english.pdf, 
https://www.ilo.org/wcmsp5/groups/public/---ed_protect/---protrav/---
ilo_aids/documents/legaldocument/wcms_178702.pdf. 

6 

 
 
 
 
 
 
 
 
 
 
 
 
The  LPD  prohibits  discrimination  based  on  an  open  list  of  grounds,  going  beyond  the 
grounds covered by the constitutional provisions. 

The LPD provides for a general exception in cases when there is an objectively justifiable 
purpose  supported  on  the  basis  of  the  Constitution,  international  acts  or  agreements 
ratified  by  the  Republic  of  Albania  and  the  legislation  in  force.  Also,  it  provides  for 
exemptions  based  on  occupational  requirements  and  when  reasonable  accommodation 
should be given.  

The  LPD  (Article  10(2))  provides  an  exception  in  relation  to  conscience  and  religion, 
which  may  be  permitted  only  if  a  reasonable  and  objective  justification  exists.  Such  an 
exception  should  be  proportionate  to  the  situation  that  has  dictated  the  need  for 
discrimination  and  may  be  imposed  only  by  law,  in  the  public  interest  or  for  the 
protection  of  the  rights  of  others.  It  cannot  violate  the  core  of  the  rights  and  freedoms 
and  in  no  case  may  it  exceed  the  restrictions  provided  in  the  European  Convention  on 
Human Rights. 

Positive  action  is  another  general  exception  from  the  requirement  of  equal  treatment. 
The  LPD  provides  for  temporary  measures  aimed  at  speeding  up  the  real  establishment 
of  equality,  when  the  absence  of  equality  has  been  caused  by  discrimination  for  any 
grounds  protected  by  the  law.  Such  measures  must  cease  as  soon  as  the  objectives  of 
the treatment and access to equal opportunities have been achieved.  

In  September  2019,  the  Commissioner  for  Protection  from  Discrimination  organised  a 
round table with the aim of drafting proposals for amending the  Law on protection from 
discrimination, which are expected to be proposed by a group of MPs.10 

4. Material scope 

The  Law  on  protection  from  discrimination  (LPD)  is  applicable  to  all  fields  (including 
education,  employment,  goods  and  services,  the  exercise  of  freedom  of  conscience  and 
religion, participation in politics, etc.), going beyond the fields covered by the directives. 
The LPD guarantees protection from discrimination for an open list of grounds  and pays 
attention to specific fields in separate chapters. 

The  LPD  is  applicable  to  both  the  private  and  public  sectors  and  applies  to  all  fields, 
including employment.  

The  prohibition  of  discrimination  in  employment  (as  provided  for  by  the  LPD)  applies  to 
treatment  of  employees  in  the  workplace,  membership  of  trade  unions  and  the 
opportunity to benefit from the facilities provided by such membership, prohibition of any 
kind of annoyance, including sexual harassment, by the employer against an employee or 
a  jobseeker  or  between  employees.  Furthermore,  the  Labour  Code  provides  for  the 
prohibition of discrimination on an open list of grounds, which has extended the number 
of  explicitly  protected  grounds  that  are  mentioned  (gender,  race,  colour,  ethnicity, 
language, gender identity, sexual orientation, political, religious and philosophical beliefs, 
economic,  educational  or  social  situation,  pregnancy,  parental  affiliation,  parental 
responsibility,  age,  family  situation  or  marriage  status,  civil  status,  place  of  residence, 
health  condition,  genetic  predispositions,  disability,  living  with  HIV/AIDS,  joining  or 
having  affiliation  with  a  trade  union  organisation,  affiliation  with  a  special  group  or  any 
other cause). This provision is completely in line with the  requirements of the directives 
and is applicable for both private and public sectors. 

10  On 20 February 2020, after the cut-off date for this report, the draft law on additions and amendments to 
Law No. 10 221, dated 04.02.2020, on protection from discrimination, was submitted to the Assembly. 

7 

 
 
 
 
 
 
 
 
 
 
 
Moreover,  the  LPD  provides  for  the  prohibition  of  discrimination  regarding  goods  and 
services,  including:  healthcare;  social  protection  schemes,  including  social  assistance, 
social  insurance,  protection  of  children,  disability  benefits  or  any  another  scheme  of 
social  protection  or  other  advantage  offered  to  the  public;  education;  housing;  banking 
services and the opportunity to obtain grants, loans, bank deposits or financing; facilities 
for  entertainment,  relaxation  and  refreshment;  facilities  for  transport  or  travel;  and 
services  of  the  free  professions.  This  provision  is  applicable  to  both  natural  and  legal 
persons. 

5. Enforcing the law 

The  LPD  provides  several  options  for  procedural  protection,  such  as  administrative, 
litigation and misdemeanour procedures, inspectorial control, and penal procedures. 

The  administrative  procedure  can  be  followed  before  the  Commissioner  for  Protection 
from Discrimination. The procedure before the CPD is free of charge. The CPD deals with 
complaints  from  one  person,  groups  of  people  and  NGOs.  The  law  gives  the 
commissioner  responsibility  for  conducting  administrative  investigations  after  receiving 
reliable information on any violation of the law (ex officio cases). When appropriate, the 
CPD  seeks  to  reach  a  conciliation  agreement  between  the  complainant  and  the  person 
against whom the complaint was submitted, through public hearings. The CPD’s decision 
is  made  known  to  the  parties.  The  CPD  not  only  makes  recommendations  but  can  also 
impose  sanctions.  However,  the  law  is  not  repressive,  because  it  gives  some 
opportunities  to  avoid  sanctions  where  the  discriminator  ends  the  discrimination 
promptly.  

According  to  the  CPD’s  Annual  Report  2019,  structural  discrimination,  which  applies  not 
to  an  individual,  but  to  a  whole  group  or  community,  continues  to  present  a  problem. 
There  has  been  an  increase  in  the  number  of  cases  in  which  complainants  claim 
discrimination for more than one ground, as well as in findings of multiple discrimination. 
Race  is  one  of  the  most  common  grounds  of  discrimination  claimed  by  complainants  in 
relation to goods and services and in education.  

The  People’s  Advocate  highlights  the  fact  that  housing  for  Roma  people,  who  in  some 
cases  have  been  forcibly  displaced  (evicted)  from  their  settlements,  while  government 
bodies have been dragging out procedures, remains a problematic area. 

Discrimination litigation proceedings can be initiated before ordinary courts and this right 
is not subject to the obligation to exhaust an administrative appeal to the Commissioner 
for  Protection  from  Discrimination.  According  to  the  provisions  of  the  Civil  Procedure 
Code, if a procedure is raised before a court, no procedure can be raised before the CPD. 
It  does  not  say  what  one  does  if  parallel  procedures  are  raised.  The  LPD  sets  a  mutual 
relationship between the  court and the  commissioner, anticipating the  court's obligation 
to  notify  the  commissioner  of  the  submission  of  every  lawsuit  about  discrimination  and 
recognising  the  right  of  the  court  to  require  the  commissioner  to  provide  a  written 
opinion, the results of his investigation – if an investigation is carried out – or any other 
information that is important for the case.  

In  Albania,  NGOs  are  entitled  to  act  on  behalf  of  victims  of  discrimination  (a  person 
or/and a group of persons) before the CPD (with the written consent of the individuals or 
groups of individuals who claim that discrimination has occurred) and the court (consent 
must  be  given  through  a  declaration  before  the  court).11  Albanian  law  allows 
organisations/trade  unions  to  act  in  the  public  interest  on  their  own  behalf,  without  a 
specific victim to support or represent (actio popularis). The law on anti-discrimination is 

11   Baraku, I. (2012), ‘The antidiscrimination legal framework and the mechanisms that guarantee effective 
protection from the discriminatory behaviours’, Presentation at International Conference, Towards future 
sustainable development, University of Shkodra, 16-17 November 2012. 

8 

 
 
 
 
 
 
 
 
 
silent about the possibility of these entities acting in support of victims of discrimination. 
There is no evidence about this issue. However, the ordinary courts usually request  that 
the commissioner attends the entire court proceedings as an interested party to the trial.  

In  addition  to  the  general  provision  on  positive  measures,  which  does  not  make  a 
distinction between grounds and fields, the LPD makes specific provisions in employment 
(encouraging  equality,  in  particular,  between  men  and  women  as  well  as  between  ‘fully 
physical  able  persons’  and  those  who  have  a  disability)  and  education  (in  favour  of 
women and girls, minorities, persons with a disability as well as persons who are or have 
more  possibility  of  being  the  object  of  discrimination  for  all  grounds  protected  by  the 
Law;  respecting  and  assuring  ‘the  right  to  education  in  the  languages  of  minorities,  as 
well as in appropriate manners12 for persons with a disability’). 

The Law on protection from discrimination does not fully explain the concept of burden of 
proof  in  the  administrative  investigation  procedure  followed  by  the  commissioner. 
Referring to the right of subjects to appeal before the commissioner, the Law determines 
that  the  applicant  ‘may  file  a  complaint  with  the  available  evidence  before  the 
commissioner’. However the Law refers to the Code of Administrative Procedure,13 which 
explicitly  provides  for  shifting  the  burden  of  proof  in  matters  of  discrimination.14  Public 
bodies  must  be  guided  by  the  principle  of  equality  and  anti-discrimination  for  grounds 
provided by law. 

Regarding court proceedings, the Law on protection from discrimination provides for the 
shifting of the burden of proof. Once the  claimant presents evidence  on which he bases 
his  claim  on  the  basis  of  which  the  court  may  presume  discriminatory  conduct,  the 
defendant must prove that the facts did not constitute discrimination under the Law. 

In  its  Decision  33/2007,  the  Albanian  Constitutional  Court  made  an  interesting 
interpretation in a case on the repeal of Articles 141, 143, 144, and 146(1) of the Labour 
Code15  as  unconstitutional  and  applied  ‘the  reversal  of  the  burden  of  proof  in  issues  of 
discrimination’. This decision of the Albanian Constitutional Court later served as a basis 
for the primary courts to reverse the burden of proof in cases of discrimination related to 
labour relations and in other cases of discrimination. With the enforcement of the Law on 
the administrative courts and the adjudication of administrative disputes, the question on 
the  shifting  of  the  burden  of  proof  was  further  solved  in  dispositions  regarding  the 
principles  of  administrative  adjudication.  In  the  administrative  conflict  in  court,  the 
burden  of  proof  falls  on  the  public  administration  authority.  This  procedural  principle  is 
defined in Article 3(3) of the Law on the administrative courts: ‘The public administration, 
as  a  rule  has  the  obligation  to  prove  the  merits  in  law  and  in  fact  of  the  activities 
committed by its bodies’.16 

During  court  proceedings  in  cases  of  discrimination  in  employment,  the  burden  of  proof 
shifts to the defendant. The amendments to the Labour Code in 2015 provide that:  

‘In all the complaints procedures, followed according to the article on prohibition of 
discrimination,  if  the  complainant  or  plaintiff  presents  facts  from  which  it  may  be 

12   ‘Appropriate manners’ refers to sign language and other relevant adaptations and tools for persons with 

disabilities. 

13   Code of Administrative Procedure, Law No. 44/2015, approved 30.04.2015 and entered into force on 

28.05.2016. 

14   Sigma (2018), Commentary of the Code of Procedure Administrative of the Republic of Albania, pp. 61-62; 

372-374. Sigma is a joint initiative of the OECD and the EU, which supported the drafting of the CPA 
(Ministry of Justice and the Parliamentary Commission on Legal Affairs, Public Administration and Human 
Rights). 

15   These articles provide for the: contract of undefined duration termination; notice deadlines following the 
probation period; procedure of employment contract termination by the employer; and termination of 
contract for no reasonable cause. 

16   Hoxhaj, E. and Baraku, I. (2014) ‘The burden of proof in the administrative process in Albania’, European 

Scientific Journal, Vol. 10, No. 10, 2014. 

9 

 
 
 
 
 
 
 
 
claimed  that  they  have  been  discriminated  against  in  the  exercise  of  the  right  to 
employment  and  occupation,  the  person  against  whom  the  complaint  is  made  or 
the  defendant  is  obligated  to  prove  that  the  principle  of  equal  treatment  is  not 
infringed.’  

The  LPD,  under  Article  34(1),  sets  out  the  right  of  the  victim  to  make  a  ‘criminal 
denunciation before the organs competent for criminal prosecution’ (if the discriminatory 
behaviour constitutes a criminal offence).  

The  People’s  Advocate  (Ombudsman)  can  deal  with  cases  related  to  unlawful  and 
improper actions or failures to act by public administration bodies, as well as third parties 
acting  on  their  behalf.17  The  People’s  Advocate  makes  recommendations  on  how  to 
remedy such infringements. Under the organic Law on the People’s Advocate, there is no 
legal  obstacle  for  this  institution  to  address  issues  of  protection  against  discrimination 
and  equality  before  the  law.  However,  with  the  establishment  of  CPD,  the  People’s 
Advocate has been careful to avoid discrimination cases and to address only those issues 
where allegations of the violation of other human rights have been raised.18 

Albania has not adopted a general strategy on combating discrimination. However, there 
are  sectorial  strategies,  such  as:  the  National  Action  Plan  for  LGBTI  Persons  in  the 
Republic  of  Albania,  2016-2020;19  the  Social  Protection  Strategy;20  the  National  Action 
Plan  for  the  Integration  of  Roma  and  Egyptian  Communities  2016-2020;21  the  National 
Strategy  on  Gender  Equality  and  Action  Plan  2016-2020;22  the  National  Action  Plan  for 
Persons with Disabilities 2016-2020;23 and the National Policy Document on Aging 2020-
2024  and  Action  Plan  for  its  Implementation.24  These  strategic  documents  for  social 
protection  and  protection  against  discrimination  have  been  drafted  through  a  long 
process  of  consultation  with  public  institutions,  independent  bodies  (the  People’s 
Advocate and the Commissioner for Protection from Discrimination) and NGOs, based on 
the procedures provided for by the Law on public consultation.25 

The  Mid-term  Monitoring  and  Evaluation  Report  of  the  National  Action  Plan  for  People 
with Disabilities 2016-2018 was adopted in 2019.26 

17   Law on the People’s Advocate, No. 8454, dated 04.02.1999, supplemented by Law No. 8600, dated 

10.04.2000, amended by Law No. 9398, dated 12.05.2005, added to and as amended by Law No. 
155/2014, dated 27.11.2014. 

18   People’s Advocate (2019), Annual Report 2018, p. 24. 

https://www.avokatipopullit.gov.al/media/manager/website/reports/Raport%20Vjetor%202018.pdf. 
19   Government of Albania (2016), National Action Plan for LGBTI Persons in the Republic of Albania, 2016-
2020, March 2016. https://shendetesia.gov.al/wp-content/uploads/2019/01/Plani-LGBTI-2016-2020-
KM.pdf. 

20   Government of Albania (2015), National Strategy for Social Protection 2015-2020, approved by the Council 

of Ministers in Decision No. 1071, dated 23.12.2015. http://www.shendetesia.gov.al/wp-
content/uploads/2018/06/Strategjia_Kombetare_per_Mbrojtjen_Sociale_2015-2020.pdf. 

21   Government of Albania (2015), National Action Plan for the Integration of Roma and Egyptian Communities 

2016-2020, approved by the Council of Ministers in Decision No. 1072, dated 23.12.2015. 
http://www.shendetesia.gov.al/wp-
content/uploads/2018/06/Plani_kombetar_i_veprimit_per_integrimin_e_Romeve_dhe_Egjiptianeve_2016-
2020.pdf. 

22   Government of Albania (2016), National Strategy on Gender Equality and Action Plan 2016-2020, October 

2016. http://www.shendetesia.gov.al/wp-content/uploads/2018/06/SKGJB-AL-web.pdf. 

23   Government of Albania (2016), National Action Plan for Persons with Disabilities 2016-2020, approved by 

the Council of Ministers in Decision No. 483, dated 29.06.2016. http://www.shendetesia.gov.al/wp-
content/uploads/2018/06/Plani_PAK_.pdf. 

24   Government of Albania (2019), On the adoption of the National Policy Document on aging, 2020–2024, and 
the Action Plan for its Implementation, approved by the Council of Ministers in Decision No. 864, dated 
24.12.2019. 

25   Law No. 146/2014 on notification and public consultation. http://www.idp.al/legjislacionnjoftimi-dhe-

konsultimi-publik/#. 

26   Government of Albania (2019), Mid-term Monitoring and Evaluation Report of the National Action Plan for 

People with Disabilities 2016-2018, March 2019, available at: 
http://shendetesia.gov.al/wp-content/uploads/2019/04/Raporti20i20Vleresimit202016-2018.pdf. 

10 

 
 
 
 
 
 
 
The  adoption  of  several  laws  and  amendments  to  existing  legislation  is  expected  to 
guarantee a higher level of anti-discrimination legislation enforcement: 

- 

- 

The  new  Law  15/2019  on  the  promotion  of  employment  expands  the  circle  of 
beneficiaries  and  defines  some  essential  concepts,  such  as  special  groups,  the 
training  and  rehabilitation  of  persons  with  disability,  reasonable  accommodation 
and appropriate employment. It also provides for public employment policies, active 
labour  market  programmes,  passive  labour  market  programmes,  and  so  on. 
However,  in  its  legal  recommendations,  the  CPD  deemed  the  measures  proposed 
under  the  draft  law  to  be  ineffective  because  of  the  proposal  to  double  the  total 
number of employees that an employer must have before being obliged to employ a 
person with a disability. 
Law  No. 57/2019  on  social  assistance,  adopted  in  2019,  sets  out  the  rules  and 
mechanisms for social assistance benefits, the responsible authorities and  financial 
arrangements27 for the provision of social assistance benefits. The Law sets out the 
principle  of  non-discrimination  based  on  an  open  list  of  grounds,  including  race, 
colour, religion, ethnicity, language, gender identity, sexual orientation, religious or 
philosophical beliefs and disability (Article 5(d)). The Law does not include ‘age’ as 
an  expressly  protected  ground,  but  we  can  deduce  that  this  ground  could  be 
protected under ‘any other grounds,’ as the Law provides for a non-exhaustive list 
of  grounds.  Article  5(e))  sets  out  a  principle  of  equality  based  on  an  open  list  of 
protected grounds. This article stipulates that ‘social protection is provided to every 
individual in need, regardless of gender, religion, age, disability, etc’.28 

6. Equality bodies 

The Law on protection from discrimination, proposed by a group of MPs, in support of  a 
request from civil society, provides for the establishment of an independent institution to 
be known as the Commissioner for Protection from Discrimination (CPD). The CPD began 
operating  on  21  May  2010.29  The  CPD  deals  with  both  public  and  private  sectors,  takes 
decisions and can impose sanctions. The constitutional amendments of 2016 provided for 
the  Commissioner  for  Protection  from  Discrimination  as  a  legitimate  party  to  take 
recourse to the Constitutional Court. 

In Albania, the designated body does not form part of a body with multiple mandates. It 
is an independent institution, elected by the  Assembly of Albania. The responsibilities  of 
the commissioner are fully in compliance with the requirement of Article 13 of the Racial 
Equality Directive and they can be classified as follows: 

- 

- 

- 

to  examine  complaints  and  conduct  administrative  investigations  after  receiving 
reliable  information  on  violations  of  the  law,  file  a  written  opinion  based  on  a 
request of the court to examine the case, represent the applicant in judicial bodies 
with his consent in accordance with Article 34(3) of the LPD; 
to promote the principle of equality and non-discrimination, to be particularly aware 
of  and  informed  on  these  issues,  to  monitor  and  conduct  surveys  concerning 
discrimination; 
to  make  recommendations  proposing  the  adoption  of  new  legislation  or  reform  of 
existing  legislation,  to  publish  reports  and  make  recommendations  on  any  matter 
relating to discrimination. 

27   Chapter VI of the Law provides for the financing of the social assistance programmes by the state budget. 
28   Article 5(e) states that ‘equality is the principle that determines that social protection is provided to every 

individual in need, regardless of gender, religion, age, disability, etc’, but without specifying which grounds 
fall under ‘etc’. 

29   Assembly of the Republic of Albania, Decision No. 33, dated 22.04.2010, on the election of the 

Commissioner for Protection from Discrimination and Decision No. 34, dated 20.05.2010, on approval of the 
structure, organisation and categorisation of job positions of the Office of the Commissioner for Protection 
from Discrimination. 

11 

 
 
 
 
 
 
 
 
In 2018, changes to the structure  of the CPD by the Assembly led to an increase in the 
number of employees and the budget of the institution, including the creation of regional 
offices. 

7. Key issues 

- 

The  Law  on  protection  from  discrimination  is  fully  in  line  with  the  requirements  of 
the directives in relation to: 

• 
• 

• 

• 

the definitions of direct and indirect discrimination; 
the  definitions  of  all  forms  of  discrimination  such  as  instruction  to 
discriminate,  harassment,  discrimination  by  association,  denial  of  reasonable 
accommodation; 
the  protected  grounds,  given  that  the  LPD  provides  an  open  list  of  grounds 
and goes beyond the grounds covered by the directives; 
the  fields  covered  by  law,  where  the  LPD  goes  beyond  the  fields  covered  by 
the directives. 

- 

The  Law  on  protection  from  discrimination  requires  amendments  to  address  the 
following issues:30 

• 

• 

• 

• 

provision  of  a  standalone  definition  of  discrimination,  protecting  the  right  to 
equal treatment; 
setting out definitions of the protected grounds, such as nationality (in sense 
of  citizenship)  and  other  forms  of  discrimination,  such  as  segregation  and 
multiple/intersectional discrimination;  
shifting  of  the  burden  of  proof  in  procedures  before  the  Commissioner  for 
Protection from Discrimination, although this is not required by the directives; 
providing  clear  procedures  to  implement  the  duty  to  conduct  conciliation 
procedures in practice. 

- 

The  Code  of  Civil  Procedure  requires  an  amendment  regarding  the  shifting  of  the 
burden of proof in discrimination cases in the private sector, (not including those in 
the  field  of  employment),  such  as  discrimination  cases  in  respect  of  goods  and 
services offered by private bodies. 

Good practice 

The  organisation  of  community  open  days  by  the  Commissioner  for  Protection  from 
Discrimination (which continued to be organised during 2019) is a very positive practice, 
which  has  helped  to  raise  awareness  in  society  in  general  and  among  the  most 
vulnerable  groups  in  particular,  of  the  protection  provided  by  the  LPD  and  to  make  it 
possible  for  those  who  are  in  difficult  economic  and  social  conditions  to  file  complaints, 
eliminating obstacles to addressing cases of discrimination. 

Over the years, the CPD has carried out actions which can be regarded as best practice in 
dealing with hate speech based on grounds of ethnicity, language, sexual orientation and 
gender identity under the prohibition of harassment as a form of discrimination. In 2019, 
the Alliance Against Hate was established under a memorandum of cooperation between 
the CPD, the People’s Advocate and the Audio-visual Media Authority (AMA). 

30   These measures go beyond the requirements of the directives, and are aimed to guarantee the full 

implementation of national anti-discrimination law and the recommendations of international organisations 
such as ECRI.  

12 

 
 
 
 
 
 
 
 
 
 
 
 
INTRODUCTION 

The national legal system 

Albania  is  a  parliamentary  republic.  The  Republic  of  Albania  is  a  unitary  and  indivisible 
state.  Governance  is  based  on  a  system  of  elections  that  are  free,  equal,  general  and 
periodic.  

According  to  the  Constitution,  the  law  constitutes  the  basis  and  the  boundaries  of  the 
activity of the state. The Constitution is the highest law in the Republic of Albania and is 
directly applicable, except when the Constitution provides otherwise. According to Article 
5,  ‘The  Republic  of  Albania  applies  international  law  that  is  binding  upon  it’.  In  the 
hierarchy  of  norms,  international  law  stands  immediately  after  the  Constitution. 
According to Article 116 on normative acts, ratified international agreements are directly 
applicable,  unless  they  are  not  enforceable  and  require  the  adoption  of  special  laws. 
However, courts usually refuse to apply the international agreements directly and instead 
use them to interpret national law. 

The  system  of  government  in  Albania  is  based  on  the  separation  and  balancing  of 
legislative, executive and judicial powers.  

The  Albanian  Assembly  is  the  country’s  legislative  body,  and  it  has  established  two 
permanent  committees  dealing  with  human  rights  issues  in  general  and  issues  of 
equality, non-discrimination and vulnerable groups: 

-  

-  

The Committee on Labour, Social Affairs and Health, which is responsible for labour 
relations,  social  affairs,  social  security,  family,  women  and  health  and  issues 
coming under the United Nations sustainable development agenda.  There is also a 
Sub-committee on Gender Equality and the Prevention of Violence against Women. 
The Committee on Legal Affairs, Public Administration and Human Rights, which is 
responsible 
judiciary,  the  public 
administration, the administration of the judiciary, the organisation and functioning 
of local government, independent services in the justice system, human rights and 
issues relating to the United Nations sustainable development agenda. There is also 
a Sub-committee on Human Rights. 

for  the  codes  and  organisation  of  the 

The  judicial  system  has  two  levels  (consisting  of  29  first  instance  courts  and  8  appeal 
courts),31  and  the  High  Court  operates  as  a  third  level.32  The  Constitutional  Court 
decides,  among  other  things,  on:  compatibility  of  the  law  with  the  Constitution  or  with 
international  agreements;  compatibility  of 
the 
Constitution,  before  their  ratification;  compatibility  of  normative  acts  of  the  central  and 
local bodies with the Constitution and international agreements. 

international  agreements  with 

For  example,  the  Constitutional  Court  of  the  Republic  of  Albania  has  argued  that  the 
concept  of  ‘reasonable  accommodation’  and  the  terminology  ‘excessive  burden’33  are 

31   High Judicial Council (2018), Report on the status of the judicial system and activity of the High Judicial 

Council for 2018, Tirana, 03.05.2019, pp. 49-51, available at: http://klgj.al/wp-
content/uploads/2019/10/Raporti-Vjetor-KLGJ-2018-Anglisht-.pdf. 

32   In accordance with Article 141 of the Constitution, the High Court shall examine issues concerning the 

meaning and application of the law in order to ensure the unification or development of judicial practice. 
Regarding the amendment of case law, the High Court shall review in the Joint Chambers specific judicial 
issues decided by the chambers, in accordance with the law. Under Article 124 of the Constitution, the 
Constitutional Court settles constitutional disputes and makes the final interpretation of the Constitution. 
33   ‘Excessive burden’ is the terminology used by the LPD. The Constitutional Court has found that the term 

‘excessive burden’ is applied by the Law on protection from discrimination in accordance with the concept 
provided by the CRPD, in implementation of the principle of proportionality and balancing the interests of 
persons with disabilities with those of public or private entities, which must guarantee reasonable 
accommodation. Hence, ‘excessive burden’ is equivalent to ‘disproportionate burden’ (Decision No. 48 dated 
15.11.2013 (V-48/13). 

13 

 
 
 
 
 
 
 
 
 
 
reflected in the content of specific legal provisions (Article 3(7) of the LPD), without any 
distinction from the definitions given by the United Nations Convention on the Rights  of 
Persons with Disabilities, Directive 2000/78 of the European Council, the jurisprudence of 
the European Court of Human Rights and anti-discrimination legislation in other countries 
in  the  region.  In  the  Court’s  assessment,  the  absence  of  criteria  defining  an  ‘excessive 
burden’ in the law does not create any incompatibility with the Constitution, as there are 
implementing and monitoring bodies for the observance of the law, which will be able to 
interpret ‘reasonable accommodation’ on a case-by-case basis.34  

List of main legislation transposing and implementing the directives 

Albanian Constitution35 (date of adoption: 21.10.1998) – grounds covered: closed-ended 
list  of  grounds  -  gender,  race,  religion,  ethnicity,  language,  political,  religious  or 
philosophical beliefs, economic condition, education, social status36 or ancestry.  
Its material scope covers all fields. 

Law  on  protection  from  discrimination  (LPD)  (date  of  adoption:  04.02.2010)  –  grounds 
covered:  open  list  of  protected  grounds  (gender,  race,  colour,  ethnicity,  language, 
gender identity, sexual  orientation, political,  religious  or philosophical  beliefs, economic, 
education  or  social  situation,  pregnancy,  parentage,  parental  responsibility,  age,  family 
or  marital  condition,  civil  status,  residence,  health  status,  genetic  predispositions, 
disability, affiliation with a particular group or for any other grounds).  
Its material scope covers all fields (education, employment, goods and services).37 

Labour Code38 (date of adoption: 12.07.1995) - grounds covered: open list of protected 
grounds  (gender,  race,  colour,  ethnicity,  language,  gender  identity,  sexual  orientation, 
political,  religious  or  philosophical  beliefs,  economic,  educational  or  social  status, 
pregnancy,  parentage,  parental  responsibility,  age,  family  or  marital  status,  health 
status,  genetic  predispositions,  disability,  living  with  HIV/AIDS,  union  or  affiliation  with 
trade union organisations, affiliation to a particular group, or any other cause).  
Its material scope covers employment. 

Criminal  Code39  (date  of  adoption:  12.07.1995)  -  covers  the  following:  Article  74,  on 
crimes  against  humanity,  covers  political,  ideological,  racial,  ethnic  and  religious 
grounds;  Article  119(b)  covers  insult  based  on  racist  or  xenophobic  motives  through 
computer  systems  in  relation  to  ethnic  affiliation,  race  and  religion;  Article  253,  on 
violation of equality of citizens, covers origin, sex, sexual orientation or gender identity, 
health  status,  religious  and  political  beliefs,  trade  union  activity,  and  ethnic,  national, 
racial  or  religious  affiliation;  Article  265,  on  promoting  hatred  or  strife,  covers  race, 
ethnicity, religion and sexual orientation.  

Its material scope covers all fields covered by criminal law.  

Law  on  the  promotion  of  employment40  (date  of  adoption:  13.03.2019)  -  covers 
disadvantaged jobseekers in the labour market, such as individuals with orphan status in 
difficult economic conditions, people with disabilities, parents of children with disabilities, 

34   Constitutional Court of the Republic of Albania's Blind Association and the National Council of People with 

Disabilities, Decision No. 48 dated 15.11.2013 (V-48/13), 
http://www.gjk.gov.al/web/Vendime_perfundimtare_100_1.php. 

35   Constitution of Republic of Albania (Kushtetuta e Republikës së Shqipërisë), 1998, amended in 2007, 2008, 

2012, 2015 and 2016, https://euralius.eu/index.php/en/library/albanian-legislation/send/9-
constitution/178-constitution-of-the-republic-of-albania-en. 

36   There is no definition of the ground of ‘social status’. However, based on some cases dealt by the CPD, we 

can deduce that this concept is used by the CPD in relation to persons who claim to have been discriminated 
against because they have a criminal conviction. 

37   According to the LPD, goods and services include social protection and social advantages. 
38   Law No. 7961/1995, the Labour Code (Kodi i Punës), amended in 2003, 2008 and 2015. 
39   Law No. 7895, the Criminal Code (Kodi Penal), 27.1.1995, amended in 2013. 
40   Law No. 15/2019 on the promotion of employment (Për nxitjen e punësimit). 

14 

 
 
 
 
 
  
 
 
 
persons  over  the  age  of  55,  persons  from  the  Roma  and  Egyptian  communities,  long-
term unemployed jobseekers, unemployed jobseekers  having immigrated not more than 
two  years  previously,  minors  and  young  people  in  conflict  with  the  law,  young  people 
under  the  age  of  29,  victims  of  gender-based  violence  and  domestic  violence  and 
mothers under the age of 18. 

Its material scope covers employment. 

Code  of  Administrative  Procedure41  (date  of  adoption:  30.04.2015)  –  grounds  covered: 
an  open  list  of  grounds  (gender,  race,  colour,  ethnicity,  nationality,  language,  gender 
identity,  sexual  orientation,  political,  religious  or  philosophical  beliefs,  economic, 
educational or social status, pregnancy, parentage, parental responsibility, age, family or 
marital  status,  place  of  residence,  health  status,  genetic  predispositions,  disability, 
belonging to a particular group or any other grounds).  

Its material scope covers all fields in the public sphere. 

Law  on  the  protection  of  national  minorities  in  the  Republic  of  Albania42  (date  of 
adoption: 13.10. 2017) – grounds covered: cultural, ethnic, or linguistic grounds.  

Its  material  scope  covers  the  entitlement  to  equal  and  effective  participation  in  public, 
cultural, social and economic life. 

Law on the inclusion of and accessibility for persons with disabilities43 (date of adoption: 
24.07. 2014) – grounds covered: disability.  
Its material scope covers all fields.44 

41   Law No. 44/2015, the Code of Administrative Procedure (Kodi i Procedurave Administrative), 

https://euralius.eu/index.php/en/library/albanian-legislation/send/6-administrative-procedure-code/229-
code-of-administrative-procedure-en. 

42   Law No. 96/2017 on the protection of national minorities in the Republic of Albania (Për mbrojtjen e 

pakicave kombëtare në Republikën e Shqipërisë). 

43   Law No. 93/2014 on the inclusion of and accessibility for persons with disabilities (Për përfshirjen dhe 

aksesueshmërinë e personave me aftësi të kufizuara). 
https://shendetesia.gov.al/wp-content/uploads/2019/01/Ligji-nr.-93-PËR-PËRFSHIRJEN-DHE-
AKSESUESHMËRINË-E-PERSONAVE-ME-AFTËSI-TË-KUFIZUARA.pdf. 

44   Other legislation also covers non-discrimination, including: 

The Law on the pre-university education system (date of adoption: 21.06.2012) - grounds covered: gender, 
race, colour, ethnicity, language, sexual orientation, political or religious beliefs, economic or social status, 
age, residence, disability or other grounds as defined in Albanian legislation (Article 5(1)). 

  Material scope: education. 

The Law on social care services (date of adoption: 24.11.2016) - grounds covered: open list of grounds 
(gender, race, colour, ethnicity, language, gender identity, sexual orientation, political, religious or 
philosophical beliefs, economic, educational or social status, pregnancy, parentage, parental responsibility, 
age, family status or marital status, health status, genetic predispositions, disability, affiliation to a 
particular group, or any other grounds) (Article 3 - Definitions); this article on the principles covers any 
grounds set out by the legislation on protection from discrimination in Albania (Article 4(ë)). 

  Material scope: social care services. 

The Law on social housing (date of adoption: 3.05.2018) - grounds covered: gender, race, colour, religion, 
ethnicity, language, gender identity, sexual orientation, political, religious or philosophical beliefs, economic, 
educational or social status, pregnancy, affiliation and/or parental responsibility, family or marital status, 
health, genetic predispositions, disability, belonging to a particular group, and any condition that has 
discriminatory consequences (Article 10). 

  Material scope: housing. 

The Law on social assistance (date of adoption: 13.10.2017) - grounds covered: gender, race, colour, 
religion, ethnicity, language, gender identity, sexual orientation, political, religious or philosophical beliefs, 
economic, educational or social status, pregnancy, affiliation and/or parental responsibility, marital or family 
status, civil status, health status, genetic predispositions, disability, belonging to a particular group, or any 
other reason (Article 5(2)). 

  Material scope: economic assistance.  

15 

 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
1 

GENERAL LEGAL FRAMEWORK  

Constitutional  provisions  on  protection  against  discrimination  and  the 
promotion of equality  

The  Constitution  of  Albania  deals  with  non-discrimination  through  a  general  disposition, 
Article 18: 

‘1. All are equal before the law. 
2. No one may be unjustly discriminated against for reasons such as gender, race, 
religion,  ethnicity,  language,  political,  religious  or  philosophical  beliefs,  economic 
condition, education, social status, or parentage. 
3.  No  one  may  be  discriminated  against  for  reasons  mentioned  in  paragraph  2 
without a reasonable and objective justification.’45  

The Constitution provides a closed list of protected grounds, which does not include age, 
sexual  orientation  and  disability.  Despite  the  wording  ‘reasons  such  as…’,  the  list  of 
protected  grounds  is  not  open-ended.  There  is  no  relevant  case  law  on  the  protected 
grounds. 

In  2016,  during  the  implementation  of  justice  reforms  in  Albania,  the  first  draft  of 
amendments  to  the  Albanian  Constitution  introduced  sexual  orientation  as  a  protected 
ground under the Constitution.  At this time, the Venice Commission adopted an  opinion 
welcoming the addition of  sexual  orientation as a prohibited ground of discrimination to 
Article  18  of  the  existing  Constitution.  The  Commission  also  recommended  making  an 
open  list  of  grounds,  or  potentially  rephrasing  the  relevant  article  to  include  other 
opinions, gender identity, social origin, property, birth or other status, etc.46 
This  led  to  a  strong  reaction  by  the  public  and  lawyers  who  linked  the  change  to  the 
possibility  of  allowing  ‘gay’  marriage  (as  this  could  lead  to  the  Family  Code  being 
challenged  as  unconstitutional,  given  its  legal  provision  of  the  institution  of  marriage). 
This  point  of  view  was  supported  by  some  MPs  who  conditioned  their  vote  on  the 
constitutional changes on the removal of the relevant amendment from the draft.47 

The  provisions  apply  to  all  areas  covered  by  the  directives.  Their  material  scope  is 
broader  than  those  of  the  directives,  as  the  Constitution  does  not  specify  the  areas  but 
provides  only  a  general  obligation  to  respect  the  principle  of  equality  and  non-
discrimination.  

The  provisions  of  the  Constitution  are  directly  applicable,  except  when  the  Constitution 
provides otherwise (Article 4). 

These provisions can be enforced against private individuals as well as against the state. 
According  to  the  Albanian  Constitution,  ‘The  fundamental  rights  and  freedoms  and  the 
duties  set  out  in  the  Constitution  also  apply  to  legal  persons,  so  long  as  they  comport 
with the general purposes of these persons and with the  core  of these  rights,  freedoms 
and duties’ (Article 16(2)). [official translation] 

45   Constitution of Republic of Albania, 1998, amended in 2007, 2008, 2012, 2015 and 2016. 

https://euralius.eu/index.php/en/library/albanian-legislation/send/9-constitution/178-constitution-of-the-
republic-of-albania-en. 

46   Venice Commission (2015), Opinion No. 824, Interim opinion ‘On the draft constitutional amendments on  
the judiciary of Albania’, adopted by the Venice Commission at its 105th Plenary Session, Venice, 18-19  

  December 2015, p. 4:  

https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL(2015)052-e. 

47   There are currently no moves to include sexual orientation among the protected grounds provided by the 

Constitution. 

16 

 
 
 
  
 
 
 
 
 
 
 
 
 
2 

THE DEFINITION OF DISCRIMINATION  

2.1  Grounds of unlawful discrimination explicitly covered  

The following grounds of discrimination are explicitly prohibited in  the main legislation 
(listed  in  the  Introduction,  the  main  legislation  transposing  and  implementing  the 
directives) transposing the two EU anti-discrimination directives:  

-  

-  

-  

-  

-  

-  

-  

The Albanian Constitution:48 Gender, race, religion, ethnicity, language, political, 
religious  or  philosophical  beliefs,  economic  condition,  education,  social  status,  or 
parentage. 
The  Law  on  protection  from  discrimination  (LPD):49  gender,  race,  colour, 
ethnicity,  language,  gender  identity,  sexual  orientation,  political,  religious  or 
philosophical beliefs, economic, education or social situation, pregnancy, parentage, 
parental  responsibility,  age,  family  or  marital  condition,  civil  status,  residence, 
health status, genetic predispositions, disability, affiliation with a particular group or 
for any other grounds. 
Labour  Code:50  gender,  race,  colour,  ethnicity,  language,  gender  identity,  sexual 
orientation,  political,  religious  or  philosophical  beliefs,  economic,  educational  or 
social  status,  pregnancy,  parentage,  parental  responsibility,  age,  family  or  marital 
status,  health  status,  genetic  predispositions,  disability,  living  with  HIV  /  AIDS, 
union or affiliation with trade union organisations, affiliation with a particular group, 
or any other cause. 
Criminal  Code:51  Article  on  crimes  against  humanity  (Article  74)  covers  political, 
ideological, racial, ethnic and religious grounds; Article on insult based on racist or 
xenophobic  motives  through  computer  systems  (Article  119(b))  covers  ethnic 
affiliation,  race,  religion;  Article  on  violation  of  equality  of  citizens  (Article  253) 
covers origin, sex, sexual orientation or gender identity, health status, religious and 
political  beliefs,  trade  union  activity,  ethnic,  national,  racial  or  religious  affiliation; 
Article on promoting hatred or strife (Article 265) covers race, ethnicity, religion or 
sexual orientation. 
Law  on  the  promotion  of  employment:52  This  Law  covers  disadvantaged 
jobseekers in the labour market,  such as individuals with orphan status in difficult 
economic  conditions,  people  with  disabilities,  parents  of  children  with  disabilities, 
persons  over  the  age  of  55,  persons  from  the  Roma  and  Egyptian  communities, 
long-term  unemployed  jobseekers,  unemployed  jobseekers  having  immigrated  not 
more than two years previously, minors and young people in conflict with the law, 
young people under the age of 29, victims of gender-based violence and domestic 
violence, mothers under the age of 18, etc. (Article 3(4)). 
Code of Administrative Procedure:53 Article on the principle of equality and non-
discrimination  covers  gender,  race,  colour,  ethnicity,  nationality,  language,  gender 
identity,  sexual  orientation,  political,  religious  or  philosophical  beliefs,  economic, 
educational  or  social  status,  pregnancy,  parentage,  parental  responsibility,  age, 
family  or  marital  status,  place  of  residence,  health  status,  genetic  predispositions, 
disability, belonging to a particular group or any other grounds (Article 17). 
Law  on  the  protection  of  national  minorities  in  the  Republic  of  Albania:54 
The Law prohibits discrimination against any person due to his or her affiliation to a 
national minority (Article 8(1)). 

48   Constitution of Republic of Albania, 1998, amended in 2007, 2008, 2012, 2015 and 2016.  
49   Law No. 10 221/2010 on protection from discrimination. 
50   Law No. 7961/1995, the Labour Code, amended in 2003, 2008 and 2015. 
51   Law No. 7895, the Criminal Code (Kodi Penal), 27.1.1995, amended in 2013. 
52   Law No. 15/2019 on the promotion of employment (Për nxitjen e punësimit). 
53   Law No. 44/2015, the Code of Administrative Procedure of the Republic of Albania, 

https://euralius.eu/index.php/en/library/albanian-legislation/send/6-administrative-procedure-code/229-
code-of-administrative-procedure-en. 

54   Law No. 96/2017 on the protection of national minorities in the Republic of Albania. 

17 

 
 
 
 
 
-  

Law on the inclusion of and accessibility for persons with disabilities:55 The 
article on principles provides for the non-discrimination of persons with disabilities. 

2.1.1  Definition of the grounds of unlawful discrimination within the directives 

The protected grounds are only listed in Article 1 of the LPD, under the heading, ‘Object’. 
However, having an open list of protected grounds ensures the ability to address cases of 
discrimination based on ‘other grounds’. 

Although  the  Law  on  protection  from  discrimination  contains  a  section  on  definitions, 
there are no definitions for any of the grounds of discrimination protected by this Law.  

Albania has ratified many international treaties and conventions, including the European 
Convention  on  Human  Rights,  the  Framework  Convention  on  National  Minorities,  the 
United  Nations  Covenant  on  Civil  and  Political  Rights,  the  United  Nations  Covenant  on 
Economic, Social and Cultural Rights,  the International Convention on the Elimination of 
All  Forms  of  Racial  Discrimination,  the  Convention  on  the  Elimination  of  all  Forms  of 
Discrimination Against Women, the Convention on the Rights of Persons with Disabilities 
and the Convention on the Rights of the Child.  

The  authorities  can  take  into  consideration  the  definitions  of  the  discrimination  grounds 
provided  by  the  international  treaties  and  conventions  mentioned  above,  as  well  as 
jurisprudence such as the case law of the Strasbourg Court and the CJEU.56 

a) 

Racial or ethnic origin 

Race, ethnicity, language are protected grounds under the Constitution, whereas the LPD 
also  mentions  colour,  or  affiliation  to  a  particular  group.  Albanian  legislation  does  not 
contain definitions for racial or ethnic origin. 

Before  the  adoption  of  the  Law  on  the  protection  of  national  minorities  in  2017,  there 
was  no  definition  of  the  concepts  of  national  or  ethnic  minority,  nationality,  etc.  This 
issue  has  been  highlighted  by  the  Constitutional  Court.  In  a  decision,  it  declared 
provisions  that  obliged  citizens  to  state  their  ‘nationality’  in  civil  status  registers  to  be 
incompatible  with  the  Constitution.  The  Court  has  made  a  detailed  analysis  of  the 
concept of nationality understood as citizenship and nationality  understood as belonging 
to an ethnic minority or national origin, referring to international acts and conventions.57 

The  national  minorities  in  Albania  are  the  Greek,  Macedonian,  Aromanian,  Roma, 
Egyptian,  Montenegrin,  Bosnian,  Serbian  and  Bulgarian  minorities.  The  definition  of 
‘national minority’ is provided by the Law on the protection of  national minorities in the 
Republic of Albania:58  

‘A national minority is a group of Albanian citizens residing in the territory of the Republic 
of  Albania,  who  have  early  and  stable  ties  with  the  Albanian  state,  exhibit  distinctive 
cultural,  ethnic,  linguistic,  religious  or  traditional  characteristics  and  who  are  willing  to 
express, preserve and jointly develop their distinct cultural, ethnic, linguistic, religious or 
traditional identity’ (Article 3(2)). 

55   Law No. 93/2014 on the inclusion of and accessibility for persons with disabilities. 
56   Baraku, I. and Hoti P. (2013), ‘The concept of discrimination and other concepts related to it in the Albanian 
legislation – comparative overview with the EU directives in the anti-discrimination field’, 4th International 
Conference on European Studies – Social, Economic and Political Transition of the Balkans, EPOKA 
University, Tirana, 8-9 November 2013.  

57   Constitutional Court, Decision V-52/11 of 1.12.2011, paragraphs 15-19,     

http://www.gjk.gov.al/web/Lista_e_Vendimeve_92_1.php. 

58   Law No. 96/2017 on the protection of national minorities in the Republic of Albania. 

http://www.qbz.gov.al/Botime/Akteindividuale/Janar%202017/Fletore%20196/Ligj%20nr.%20962017,%20
date%2013.10.2017.pdf. 

18 

 
 
  
 
 
 
 
 
 
 
 
 
The  Law  on  the  protection  of  national  minorities  in  the  Republic  of  Albania  does  not 
provide  a  definition  for  each  specific  minority.  The  Law  recognises  the  right  of  self-
identification  as  a  member  of  a  minority.  Information  on  some  of  the  minorities  can  be 
found on the official website of the State Committee for Minorities.59 

Since the Law  on the protection of  national minorities was adopted in 2017, the lack of 
definitions  has  led  to  uncertainty  in  addressing  discrimination  cases.  Similar  cases  of 
discrimination  against  Roma  people  have  sometimes  been  considered  on  the  ground  of 
colour  and  sometimes  on  the  ground  of  race  or  ethnicity.  The  Commissioner  for 
Protection  from  Discrimination  confirms  that  the  largest  number  of  complaints  are  for 
discrimination  on  the  ground  of  race,  predominantly  raised  by  the  Roma  and  Egyptian 
communities  (colour  is  also  a  related  ground  of  discrimination).  These  are  classified  as 
racial  discrimination  in  the  meaning  of  ECRI.60  In  a  case  dealt  in  2019,  the  CPD  has 
clarified  again  that  ‘ethnicity’  will  fall  within  the  understanding  of  the  ‘racial 
discrimination’ covered by ECRI Recommendation No. 7, CRI (2003) 8.61 

However,  as  the  LPD  provides  an  open  list  of  protected  grounds,  any  person  can  be 
protected  from  discriminatory  behaviour,  even  if  they  do  not  belong  to  a  recognised 
national minority. 

b) 

Religion and belief 

The term ‘religion’ is not defined in anti-discrimination law.  

The Republic of Albania has no official religion. Relations between the state and religious 
communities are regulated by agreements between their representatives and the Council 
of  Ministers,  which  are  ratified  by  the  Assembly.  Under  Article  10(2)  and  (3)  of  the 
Constitution, the state recognises the equality of religious communities, being neutral in 
questions of belief and conscience. 

According to Article 24(1) and (2) of the Constitution, freedom of conscience and religion 
is  guaranteed,  including  the  right  of  everyone  to  choose  or  to  change  their  religion  or 
beliefs. Under the Constitution, everyone has the right to express their religion or beliefs, 
individually or collectively, in public or private life, through  worship, education, practices 
or the performance of rituals. Furthermore, no one may be prohibited from or compelled 
to  take  part  in  a  religious  community  or  its  religious  practices  or  to  make  his  beliefs  or 
faith  public  (Article  24(2)  and  (3)).  The  state  guarantees  the  freedom  of  expression  of 
belief and conscience in public life (Article 10(2)). 

The LPD has a similar provision regarding protection from discrimination on the ground of 
religious  beliefs.  The  LPD  covers  protected  grounds  such  as  ‘political,  religious  or 
philosophical  beliefs’,  which  means  political  beliefs,  or  religious  beliefs  or  philosophical 
beliefs (Article 1). 

Under  Article  10  on  ‘Conscience  and  religion’,  discrimination  is  prohibited  in  connection 
with the exercise of freedom of conscience and religion, ‘especially when it has to do with 
their  expression  individually  or  collectively,  in  public  or  private  life,  through  worship, 
education, practices or the performance of rites’. 

59   See http://www.minoritetet.gov.al/?page_id=1388 regarding Roma people. 
60   Commissioner for Protection from Discrimination (2015), Annual Report 2014, p. 33, http://kmd.al/wp-

content/uploads/2019/03/Raporti-Vjetor-2014.pdf. 

61   CPD, Decision No. 29, J. H. v. Tirana Municipality and the Economic Centre for the Development and 

Education of Children, dated 04.03.2019, https://kmd.al/wp-content/uploads/2019/05/Vendim-Nr.-29-
dat%C3%AB-04.03.2019-J.-H.-kund%C3%ABr-Bashkis%C3%AB-Tiran%C3%AB.pdf. 

19 

 
 
 
 
 
 
 
  
 
 
 
 
 
c)  Disability 

There is no definition of disability in the LPD. However, the courts can use the definitions 
provided  by  the  Convention  on  the  Rights  of  Persons  with  Disabilities  (CRPD)  when 
interpreting or applying the LPD, because the Convention is part of national legislation in 
Albania  and  is  directly  enforceable.62  However,  Article  3(11)  of  the  Law  on  social  care 
services63  (based  on  Article  1  of  the  CRPD)  stipulates  that  a  ‘person  with  disabilities’ 
means  an  individual,  child  or  adult,  with  physical,  mental,  intellectual  or  long-term 
sensory impairments, which in interaction with different barriers, may impede his/her full 
and  effective  participation  in  society  just  as  the  rest  of  society.  Also,  Article  3/9  of  the 
Law  on  the  inclusion  of  and  accessibility  for  persons  with  disabilities64  defines  ‘persons 
with  disabilities’  as  individuals  who  have  long-term  physical,  mental,  intellectual  or 
sensory 
including 
environmental  and  residence,  may  hinder  the  full  and  effective  participation  of  these 
persons in society, on equal terms with others. The Law on the pre-university education 
system  defines  a  ‘disabled  student’  as  someone  having  a  long-term  physical,  mental, 
sensual,  attitude-related  deficiency,  or  a  combination  thereof,  which,  in  concert,  may 
prevent  him  from  fully  and  equally  participating  in  education  and  social  life  (Article 
2(16)).  

in  conjunction  with  various  barriers, 

impairments,  which, 

The  Law  on  mental  health65  provides  protection  from  discriminatory  behaviour  for 
persons  with  mental  health  disorders  (Article  8).  The  Law  defines  the  terms  ‘mental 
health’ and ‘mental health disorder’. 

In a case dealt during 2019, the CPD carried out a detailed analysis of the association of 
unequal treatment of a patient with severe haemophilia A with the grounds of disability, 
the  latter  being  understood  and  interpreted  by  the  commissioner  as  an  interaction 
between physical or intellectual impairment with the various barriers  that hinder people 
with disabilities from enjoying their rights in the same way as others.66 

d) 

Age 

This  term  ‘age’  is  not  defined  in  national  anti-discrimination  law  (the  LPD)  or  any  other 
national legal act. 

However,  Article  3(4)  of  Law  No. 18/2017  on  the  rights  and  protection  of  the  child 
provides a definition of ‘Child’ as being any person under 18 years of age. In Article 3(f), 
Law  No. 75/2019  on  youth  states  that  ‘youth’  refers  to  persons  who  are  between  the 
ages of 15 and 29. 

Article 3(22) of Law No. 121/2016 on social care services provides a definition of ‘Person 
of working age’ as an individual who, at the time  of assessment  of eligibility criteria for 
social  services,  is  over  the  prescribed  minimum  working  age  for  that  year  under  the 
social security legislation in force. 

Through case law, the CPD gives a broad interpretation of this ground. 

The  commissioner  found  discrimination  on  the  ground  of  age  in  a  case  against  the 
Council  of  Ministers  and  the  Ministry  of  Education,  Sport  and  Youth  during  2019.  A  job 
announcement  for  security  officers at pre-university institutions  included an age limit  of 

62   Committee on the Rights of Persons with Disabilities (2017), Initial report submitted by Albania under article 

35 of the Convention, due in 2014, available at: https://digitallibrary.un.org/record/1308045?ln=en. 

63   Law No. 121/2016 on social care services. 
64   Law No. 93/2014 on the inclusion of and accessibility for persons with disabilities. 
65   Law No. 44/2012 on mental health.  
66   CPD, Decision No. 143, K.M. v. Ministry of Health and Social Protection and the University Hospital Centre of 
Tirana (UHCT), https://www.kmd.al/wp-content/uploads/2019/12/Vendim-nr.-143-date-10.10.2019-K.M.-
kunder-MSH-QSUT.pdf. 

20 

 
 
 
 
 
 
 
 
 
 
 
40 as a disqualifying criterion. According to the commissioner, setting a maximum age of 
40  as  a  criterion  in  the  recruitment  announcement  constituted  discrimination,  because 
the applicants’ physical condition could be tested through a physical test proportionate to 
the  functions  of  security  officers,  and  the  relevant  institutions  failed  to  establish  a 
legitimate and objectively justified purpose.67 

e) 

Sexual orientation 

There is no definition for sexual orientation  in national anti-discrimination law (the LPD) 
or any other national law.  

However,  appendix  3  of  the  National  Action  Plan  for  LGBTI  people  in  the  Republic  of 
Albania,  2016-202,68  gives  definitions  of  certain  concepts  such  as  gay,  bisexual, 
heterosexual/straight,  transsexual  people,  intersex  people,  gender  identity  and  gender 
orientation. According to the definition provided by this document, ‘gender orientation’ is 
equivalent to ‘sexual orientation’.69 

In  2014,  in  a  special  report  on  LGBTI  community  rights,  the  commissioner  provided  a 
definition  of  sexual  orientation  with  reference  to  the  Yogyakarta  Principles  and  a 
definition  of  gender  identity  with  reference  to  the  definition  provided  by  the  rapporteur 
Andreas  Gross  for  the  Council  of  Europe  resolution  on  ‘Discrimination  on  the  basis  of 
sexual orientation and gender identity’.70 

2.1.2  Multiple discrimination 

In Albania, multiple discrimination  is not prohibited in the law, and there is no case law 
dealing expressly with multiple discrimination.  

However,  during  2019,  out  of  55  cases  in  which  the  CPD  found  discrimination,  9  cases 
were for more than one ground of discrimination. The decisions were based on the LPD, 
international conventions and national laws. 

Based on the decisions of the commissioner, it has been established that, in some cases, 
there is no pattern as to the combination of grounds concerned (for example, the claimed 
discrimination  grounds  may  be  political  beliefs  and  health  status).  However,  in  other 
cases,  there  is  a  pattern  to  the  combination  of  grounds  concerned  (for  example,  the 
complainants  claimed  discrimination  based  on  genetic  predispositions  and  disability,  on 
health status and disability, or on race and residence). 

On  23  September  2019,  the  CPD  organised  a  roundtable  discussion  with  key  actors 
operating in the field of human rights on the necessary changes to the Law on protection 
from  discrimination.  The  draft  provisions  prepared  by  the  CPD,  which  provide  for  the 
introduction of multiple discrimination as a separate form of discrimination, are expected 
to be presented to the Assembly on the initiative of a group of MPs.71 

A 2016 study on the legal aspects and practice of multiple discrimination, which analyses 
the  CPD’s  decision-making  in  detail,  finds  that  the  commissioner  has  followed  a 

67   CPD, Decision No. 43, M.K. v. Council of Ministers and the Ministry of Education, Sport and Youth, 

19.03.2019. https://kmd.al/wp-content/uploads/2019/05/Vendim-nr.-43-date-19.03.2019-M.-K-kunder-
KM-dhe-MASR.pdf. 

68   Government of Albania (2016), National Action Plan for LGBTI people in the Republic of Albania, 2016-2020, 

p 49. https://rm.coe.int/16806b51ca. 

69   The action plain for LGBTI people states that ‘gender orientation describes the gender (or genders) to which 

a person is emotionally and physically attracted. For example, a person attracted to the opposite sex 
describes her sexual orientation as straight’. 

70   CPD (2014), Special report - For the protection and respect of the rights of the LGBTI community in Albania, 

Tirana, p. 2. 

71   There is no information on when the MPs may present this proposal. 

21 

 
  
 
 
 
 
 
 
 
 
 
 
comprehensive  approach,  listing  all  the  grounds  of  discrimination  whose  causes  are 
linked  naturally  with  each  other.  This  tendency  is  most  evident  in  cases  where  the  CPD 
has started ex officio cases.72 

2.1.3  Assumed and associated discrimination 

a)  Discrimination by assumption 

In  Albania,  discrimination  based  on  a  perception  or  assumption  of  a  person’s 
characteristics  is  not  prohibited  in  the  LPD.  The  law  does  not  explicitly  define 
discrimination  based  on  a  perception  or  assumption  of  a  person’s  characteristics  as  a 
type of discrimination.  

b)  Discrimination by association 

In  Albania,  discrimination  based  on  association  with  persons  with  particular 
characteristics,  is  prohibited  in  national  law.  Article  3(4)  of  the  LPD  defines 
‘discrimination because of association’ as a form of discrimination that occurs when there 
is a distinction, limitation or preference, because of association with persons who belong 
to the groups mentioned in  Article 1 of the Law, or because of a supposition of such an 
association.73 

2.2  Direct discrimination (Article 2(2)(a)) 

a) 

Prohibition and definition of direct discrimination 

In Albania, direct discrimination is prohibited in anti-discrimination law. It is defined.  

The definition set out under Article 3(2) of the LPD is as follows:  

‘“Direct discrimination” is that form of discrimination that occurs when a person or 
group  of  persons  is  treated  in  a  less  favourable  manner  than  another  person  or 
another  group  of  persons  in  a  situation  that  is  the  same  or  similar,  based  on  any 
ground mentioned in article 1 of this law.’ 

That definition is in line with the requirements of the EU directives. 

A  study  on  the  legislative  framework  on  anti-discrimination  in  Albania,  conducted  in 
2016,  found  that  despite  the  fact  that  the  forms  of  discrimination  (harassment, 
victimisation,  discrimination  on  the  grounds  of  association,  instruction  to  discrimination 
etc.) are completely in line with the requirements of the EU  directives, they seem to be 
applied only as a source of interpretation for different forms of discrimination and not as 
standalone provisions. That is because the definition of ‘discrimination’ and the protection 
against discrimination are related to fundamental rights and freedoms. Article 3(1) of the 
LPD provides a general definition of discrimination as follows:  

‘“Discrimination”  is  any  distinction,  exclusion,  restriction  or  preference,  based  on 
any  ground  mentioned  in  Article  1  of  this  law,  which  has  as  a  purpose  or 
consequence  hindering  or  making  impossible  the  exercise  in  the  same  manner  as 
others  of  the  fundamental  rights  and  freedoms  recognised  by  the  Constitution  of 
the Republic of Albania, the international acts ratified by the Republic of Albania, as 
well as the laws in force.’ 

72   Centre for Civic Legal Initiatives (2016), Multiple discrimination and legal mechanisms to prevent it 

(Legislation, Practice and Role of NGOs), Tirana, p. 20. 

73   Although Article 1 of the LPD lists grounds of discrimination rather than protected groups, Article 3(4) refers 

to ‘persons who belong to the groups mentioned in Article 1’. 

22 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
However  there  are  other  provisions  that  go  beyond  this  limitation,  in  respect  of  the 
responsibilities of the Commissioner from Protection from  Discrimination, which includes 
ensuring  equality  of  the  opportunities  and  effective  protection  from  any  form  of 
discrimination (Article (2).74 

b) 

Justification for direct discrimination 

Article 6(1) of the LPD contains a general provision entitled ‘Justified different treatment’, 
which  provides  that  the  prohibition  of  discrimination  is  not  applicable  in  cases  where 
there  is  an  objectively  justifiable  purpose.  This  article  refers  to  the  obligation  that  the 
different  treatment  has  a  basis  in  the  Constitution,  international  acts  or  agreements 
ratified by the Republic of Albania and the legislation in force.  

As  mentioned  above,  there  are  tests  that  must  be  satisfied  to  justify  such  difference  in 
treatment,  which 
legitimate  aim, 
appropriateness and necessity, and genuine and determining occupational requirement. 

justification,  proportionality, 

include:  objective 

In  cases  that  it  has  addressed  over  the  years  (referring  to  the  ECHR  and  the 
jurisprudence  of  the  ECtHR),  the  CPD  recalls  that  the  right  to  protection  from 
discrimination  includes  not  only  an  obligation  of  equal  treatment  of  persons  in  similar 
conditions but treating persons whose situations are different differently.  

2.3  Indirect discrimination (Article 2(2)(b)) 

a) 

Prohibition and definition of indirect discrimination 

In Albania, indirect discrimination is prohibited in national law. It is defined. 

Article 3(3) of the LPD provides that, 

‘“indirect discrimination” is that form of discrimination that occurs when a provision, 
criterion or practice, apparently neutral, would put a person or group of persons in 
unfavourable conditions, in connection with the grounds  set  out in article 1  of this 
law,  in  relation  to  a  person  or  another  group  of  persons,  and  also  when  that 
measure,  criterion  or  practice  is  not  objectively  justified  by  a  legitimate  aim,  or 
when  the  means  of  achieving  that  aim  either  are  not  appropriate  or  are  not 
essential and in fair proportion with the condition that has caused it.’ 

The  Commissioner  for  Protection  from  Discrimination  dealt  with  a  complaint  of 
discrimination  due  to  ‘disability’  and  ‘economic  status’  by  the  Electricity  Distribution 
Operator  (EDO).75  The  complainant's  family  consists  of  four  people,  the  spouses  are 
unemployed,  and  their  15-year-old  son  suffers  from  autism.  The  income  of  this  family 
consists of economic assistance, as well as the payment of  disability care assistance for 
their son. The complainant is the debtor of EDO and asked to be included in its mitigation 
schemes for vulnerable groups. The Supervisory Council of EDO includes the complainant 
in the category  of a vulnerable group and thus a potential beneficiary  of such schemes, 
but  its  Decision  No.  64  of  27  December  2017  provides  for  the  implementation  of  these 
schemes  only  for  debts  created  by  31  December  2016,  thus  excluding  the  family  from 
the mitigation scheme, as the family’s debts were accrued after this date.  

The  CPD  argued  that  families  belonging  to  vulnerable  categories  with  debts  should  be 
treated in the same way, regardless of the period during which they accumulated debts. 
In  this  context,  the  commissioner  believes  that  Decision  No.  64  of  the  Supervisory 

74   Vorpsi, A. and Wladasch K. (2016), ‘The legislative framework on anti-discrimination in Albania’, December 
2016, part of a joint EU/CoE Project entitled ‘Enhancing the effectiveness of the Albanian system of human 
rights protection and anti-discrimination’. 
75   Decision of CPD No. 258, dated 20.12.2018. 

23 

 
 
 
 
 
 
 
 
  
 
 
 
 
Council  of  EDO  on  the  approval  of  schemes  for  payment  by  instalment  of  electricity 
arrears by those under the category of vulnerable family/non-family clients has exposed 
the  complainant  as  well  as  those  families  who  receive  economic  assistance  and  have  a 
person  with  disabilities,  with  debts  accrued  after  31  December  2016,  to  unfair,  unequal 
and disadvantageous treatment. 

The  abovementioned  decision  of  the  Supervisory  Council  of  EDO,  in  setting  an 
unreasonable  timeframe  rather  than  fulfilling  a  specific  purpose,  meets  the  test  of 
indirect  discrimination.  In  the  specific  case,  it  is  true  that  the  time  criterion  affects  all 
citizens without any distinction, but it is precisely the disadvantageous consequences that 
it has for the categories of people in need (whose only income is from state aid or who 
are  unemployed),  who  are  unable  to  pay  the  energy  they  consume  and  the  debt  they 
have accumulated for previously consumed energy, that makes it discriminatory. 

The  CPD  has  also  taken  into  consideration  the  jurisprudence  of  the  European  Court  of 
Human  Rights  (ECtHR)  on  issues  such  as  those  raised  in  Biao  v.  Denmark  and  DH  and 
others  v.  the  Czech  Republic  (2006).  The  CPD  found  indirect  discrimination  because  of 
‘disability’  and  ‘economic  status’  and  ordered  the  provision  of  necessary  measures  to 
regulate  the  discriminatory  situation  by  amendment  of  the  decision  or  through  the 
adoption  of  a  new  decision.  The  EDO  implemented  the  decision  of  the  commissioner  by 
adopting a new decision (Decision No. 41), which removed the discriminatory situation.  

b) 

Justification test for indirect discrimination 

The Law on protection from discrimination (LPD) is silent on using statistical evidence in 
order  to  establish  indirect  discrimination.  Statistical  evidence  is  not  mentioned  in 
provisions  regulating  proceedings  before  the  CPD  or  in  other  procedural  laws.  The  LPD 
states that the complainant ‘may submit a complaint together with available evidence to 
the commissioner’, without specifying if statistical evidence can be considered as such.  
The  LPD  makes  no  distinction  between  the  justification  of  direct  and  indirect 
discrimination. Therefore, the same general and specific exceptions pertain to both types. 

2.3.1  Statistical evidence 

a) 

Legal framework 

In Albania, there is legislation regulating the collection of personal data.  

Under  the  Law  on  official  statistics,  statistical  services  are  provided  by  the  Institute  of 
Statistics  (INSTAT),  the  Bank  of  Albania,  statistical  agencies  in  other  public  authorities, 
and  legal  and  physical  persons.76  Article  2  defines  the  term  ‘confidential  data’,  which  is 
data  that  allows  direct  or  indirect  identification  of  statistical  units,  thus  revealing 
individual  data.  Also,  under  Article  4(d),  the  Law  provides,  as  a  principle  of  official 
statistics, the prevention of the use of the data obtained for non-statistical purposes and 
prohibits  their  unauthorised  disclosure.  It  provides  that  ‘statistical  confidentiality’  is  the 
protection of data related to specific statistical units, which are taken directly or indirectly 
for statistical purposes from administrative or other sources. 

According  to  Article  35  of  the  Constitution,  no  one  may  be  obliged  to  make  public  the 
data connected with his person;  everyone has the right to become acquainted with data 
collected about him; the collection, use and making public of data about a person is done 
with his consent. Exceptions can be made for circumstances provided by law.  

According to Article 32(4) of the LPD, information provided by the public and by private 
subjects must be treated in compliance with the Law on the protection of personal data. 

76   Law No. 17/2018 on official statistics. 

24 

 
 
 
 
 
 
 
 
 
 
 
 
Albania adopted the Law on the protection of personal data in 2008.77 The Law has been 
amended several times since then. A definition of personal data is provided under Article 
3: 

- 

- 

‘“Personal data”  shall mean  any information  relating to an identified or identifiable 
natural  person.  Elements  used  to  identify  a  person  directly  or  indirectly  are 
numbers  or  other  factors  specific  to  his  physical,  psychological,  economic,  social 
and cultural identity etc. 
“Sensitive data”  shall  mean any piece  of information  related to the  natural person 
in referring to his racial or ethnic origin, political opinions, trade union membership, 
religious  or  philosophical  beliefs,  criminal  prosecution,  as  well  as  with  data 
concerning his health and sexual life.’  

Although  the  above  law  does  not  provide  expressly  for  sexual  orientation  as  ‘sensitive 
data’,  in  the  practice  of  the  Commissioner  for  Personal  Data  Protection  and  the  CPD, 
sexual orientation is considered to fall under the term ‘sensitive data’ for the purposes of 
Article 3. 

In  2013,  when  handling  a  complaint  for  discrimination  on  the  ground  of  sexual 
orientation (by publishing the sexual orientation of the complainant), the CPD requested 
for  Personal  Data  Protection  regarding  the 
the  opinion  of  the  Commissioner 
responsibilities  of the parties, the media and the Tirana  Police on their  rights to publish 
personal data. The Commissioner for Personal Data Protection stated that:  ‘As controller 
of  personal  and  sensitive  data  of  the  complainant,  the  private  televisions  and  the 
newspapers  have  processed  the  sensitive  personal  data  of  this  subject  in  violation  of 
Article 7 of Law No. 9887, dated 10.03.2008, on the protection of personal data’.78 

As  mentioned,  the  definition  of  ‘sensitive  data’  does  not  include  genetic  and  biometric 
data, but does include data on a person’s history of criminal prosecution.  

Pursuant  to  the  National  Plan  for  European  Integration  (PKIE)  2018-2020,  the 
Commissioner for the Right to Information and Protection of Personal Data has foreseen 
the adoption of a new law on the protection of personal data and the transposition of the 
GDPR in the third quarter of 2020.79 However, the draft of the new law has not yet been 
prepared,  and  we  do  not  have  any  evidence  on  the  inclusion  of  ‘sexual  orientation’  as 
‘sensitive data’. 

Article  11  of  the  Civil  Procedure  Code  states  that  ‘Evidence  is  data  taken  from  the 
sources  and  under  the  rules  provided  for  in  this  Code  and  other  laws,  which  prove  or 
reject the claims or defences of the participants to the proceedings’. According to Article 
13 of the Code, ‘the universally known or officially recognised facts need not be proven’. 

b) 

Practice 

In  Albania,  statistical  evidence  in  order  to  establish  indirect  discrimination  is  used  in 
practice (for example by the CPD and NGOs). 

In  March  2013,  when  handling  a  discrimination  complaint  on  the  ground  of  sexual 
orientation (by publishing the sexual orientation of the complainant), the CPD  monitored 
the  use  of  personal  data  of  juvenile  victims,  suspects  or  wanted  persons  by  three  daily 
newspapers.  The  CPD  identified  241  articles  on  criminal  offences  and  civil  cases.  In  62 

77   Law No. 9887, dated 10.03.2008, on the protection of personal data, amended by Law No. 48/2012 and 

Law No. 120/2014. 

78   Decision of the CPD No. 97, dated 07.10.2013. 
79   Commissioner for the Right to Information and Protection of Personal Data (2019), Annual Report 2018, 

p. 51. 

25 

 
 
 
 
 
 
 
  
 
 
 
 
cases, the initials of juvenile victims, suspects or wanted persons were used, while in 174 
cases  the  reported  information  contained  their  personal  data.  In  five  cases,  two  of  the 
newspapers reported criminal offences and identified the personal data of the defendants 
and their personal characteristics (health condition and race).  Based on the above data, 
the  commissioner  noted  that  the  press  (the  newspapers  monitored)  had  a  tendency  to 
publish information, using personal characteristics not only related to sexual orientation, 
but  also  to  other  personal  characteristics,  such  as  health  status  or  affiliation  with  the 
Roma  community,  although  these  characteristics  were  not  relevant  to  the  offence.  The 
Commissioner  for  Protection  from  Discrimination  found  that  the  practice  established  by 
these  newspapers  can  contribute  to  the  establishment  of  negative,  aggressive  and 
discriminatory  attitudes  against  people  or  communities  in  Albania,  based  on  their 
personal characteristics.80 

In  2019,  the  commissioner  found  that  there  had  been  indirect  discrimination  against  a 
complainant  and  other  applicants  during  recruitment  procedures  at  a  public  university 
connected  with  their  educational  status,  through  the  setting  of  preferential  criteria  that 
were irrelevant to the post.81 

Despite  the  fact  that  the  LPD  is  silent  on  using  statistical  evidence  in  order  to  establish 
discrimination,  the  CPD  has  used  it  in  cases  where  a  person  has  been  subjected  to 
unequal and unfavourable treatment in order to decide (after considering other elements 
of  direct  discrimination,  including  by  making  a  comparison  with  persons  in  the  same 
conditions  or  establishing  the  existence  of  any  justification)  whether  there  is  proof  of 
direct discrimination against the complainant. 

Statistics are widely used for drafting strategic policy documents and action plans.  

Statistics are not used in litigation.  

2.4  Harassment (Article 2(3)) 

a) 

Prohibition and definition of harassment 

In Albania, harassment is clearly prohibited in national law. It is defined. 

Article 3(5) of the LPD sets out ‘Annoyance’ as a form of discrimination – it is undesirable 
conduct, when it is related to any of the protected grounds mentioned by the LPD, which 
has  the  purpose  or  effect  of  violating  the  dignity  of  a  person  and  the  creation  of  an 
intimidating, hostile, degrading, humiliating or offensive environment for that person, as 
well as in the case of a less favourable treatment performed as a result of an objection or 
failure to submit by the person affected by such a behaviour. 

Article 17(3) of the LPD on prohibition of discrimination in education provides that, ‘Every 
kind of annoyance is prohibited, especially annoyance of students, pupils and employees 
in educational institutions.’ 

The Law on protection from discrimination (LPD) uses the term ‘annoyance’ (shqetësim), 
rather  than  ‘harassment’  (ngacmim).  However,  the  definition  of  ‘annoyance’  has  the 
same definition as ‘harassment’ and is completely in line with the directives. 

Chapter  VII  of  the  Labour  Code,82  on  ‘Protection  of  personality’  provides  that  the 
employer  is  liable  to  respect  and  protect  the  personality  of  the  employee  in  work 
relations, as follows: 

80   Decision of the CPD No. 97, dated 07.10.2013. 
81   Decision of the CPD No. 166, dated 14.11.2019. 
82   Law No. 7961, dated 12.7.1995, the Labour Code of the Republic of Albania, amended by Law No. 

8085/1996, Law No. 9125/ 2003, Law No. 10053/2008 and Law No. 136/2015. 

26 

 
 
 
 
 
 
 
 
 
 
 
 
 
- 

- 

- 

It  takes  all  the  necessary  measures  to  stop  the  moral  harassment  committed  by 
him  and  other  employees,  and  shall  display  the  provisions  on  moral  and  sexual 
harassment and the relevant sanctions (Article 32(1)(b)). 
The  employer  is  prohibited  from  taking  any  action  that  constitutes  sexual 
harassment for the employees and does not allow such actions to be carried out by 
other employees (Article 32(2)). 
The  employer  is  prohibited  from  harassing  the  employee  with  actions  aimed  at  or 
resulting  in  the  degradation  of  working  conditions,  to  such  a  degree  that  it  may 
lead to the violation of the rights and dignity of the person, to the impairment of his 
or  her  physical  or  mental  health  or  to  the  detriment  of  his/her  professional  future 
(Article 32(3)). 

The  Labour  Code  (Article  32(2))  defines  sexual  harassment  as  any  unwanted  form  of 
behaviour expressed in words or physical and symbolic actions of a sexual nature, which 
is intended  or  results in the violation of personal dignity, in particular  when it creates a 
threatening, hostile, humiliating, contemptuous or offensive environment, carried out by 
the employer against an employee, a jobseeker for work or between employees. 

The Labour Code guarantees the rights of the employee or any person who identifies or 
receives  information  from  an  employee  who  may  have  been  subject  to  the  prejudice  of 
his/her  rights.  The  employee  must  immediately  alert  the  employer  or  the  relevant 
structures.  They  must  not  be  penalised  for  this  reason,  dismissed  from  work, 
discriminated  against,  or  become  victims  of  sexual  harassment  and  annoyance  (Article 
32(6)).  The  law  provides  for  the  shifting  of  the  burden  of  proof  between  the  employer 
and the employee (Article 32(5)). According to this article, if the employee presents facts 
proving  harassment,  then  the  employer  must  prove  that  their  actions  did  not  aim  to 
harass,  and  to  indicate  the  objective  elements  that  are  not  related  to  harassment  or 
annoyance. 

The Criminal Code, under Article 108(a) on sexual harassment, provides: 

‘Committing  actions  of  a  sexual  nature  which  infringe  the  dignity  of  a  person,  by 
any  means  or  form,  by  creating  a  threatening,  hostile,  degrading,  humiliating  or 
offensive  environment,  shall  constitute  a  criminal  offence  and  is  punishable  with 
one  to  five  years  of  imprisonment.  When  this  offence  is  committed  in  complicity, 
against several persons, more than once, or against children, it shall be punishable 
by three to seven years of imprisonment.’ 

In  Albania,  harassment  explicitly  constitute  a  form  of  discrimination  (Article  3(5)  of  the 
LPD). 

b) 

Scope of liability for harassment 

In  Albania,  where  harassment  is  perpetrated  by  an  employee,  the  employer  and  the 
employee are liable.  

Although the LPD provides for individual liability in cases of discrimination, the employer 
is  required  to  respond  effectively  and  in  compliance  with  the  LPD  in  response  to 
complaints received.83 The same liability is provided by the Labour Code.  

83   Article 12(2) of the LPD on the prohibition of discrimination in employment provides that ‘every kind of 

annoyance is prohibited, including sexual annoyance, by an employer against an employee or an applicant 
for work or between employees.’ Article 13 on the obligations of the employer, provides that the employer is 
obliged:  
‘a) to implement, protect and encourage the principle of equality and the prohibition of every kind of 
discrimination; b) to take necessary measures, including disciplinary measures, for the protection of 
employees from discrimination and victimisation, within one month from receiving knowledge [of them]; c) 
to respond effectively and in compliance with this law to complaints received because of discrimination 

27 

 
 
 
 
 
 
 
 
 
 
 
 
The LPD and the Labour Code are silent on whether an employer could be held liable to 
pay  damages  to  an  employee  who  has  been  the  victim  of  harassment  or  annoyance  by 
another employee. There is no case law on the matter. 

However,  there  is  a  general  provision  in  the  Law  on  the  external  contractual  liability  of 
state  administration  bodies,  according  to  which  the  employer  (a  public  administration 
body)  indemnifies  the  injured  party  (natural  or  legal  persons)  from  the  employee  who 
acted  in  bad  faith.  The  employer  is  then  entitled  to  claim  from  the  employee  the 
compensation it has paid to the injured party.84 

2.5  Instructions to discriminate (Article 2(4)) 

a) 

Prohibition of instructions to discriminate 

In  Albania,  instructions  to  discriminate  are  prohibited  in  national  law.  Instructions  are 
defined. 

Article  3(6)  of  the  LPD  defines  instruction  to  discriminate  as  an  instruction  or  a  request 
based on hierarchical relations to discriminate against one or more persons on the basis 
of the grounds mentioned in Article 1 of the LPD.  

A  study  on  the  legislative  framework  on  anti-discrimination  in  Albania,  conducted  in 
2016,  found  that  the  prohibition  of  instruction  to  discriminate  is  completely  in  line  with 
the requirements of the EU directives.85 

The Criminal Code provides  for punishment by imprisonment from 2 to 10 years for the 
incitement  of  hatred  and  disputes  because  of  race,  ethnicity,  religion  or  sexual 
orientation,  and  for  preparation,  dissemination  or  preservation  of  material  for  the 
purpose of disseminating writing with such content. (Article 265)  

As mentioned above, instructions explicitly constitute a form of discrimination in Albania. 

b) 

Scope of liability for instructions to discriminate 

In Albania, the instructor and the discriminator are liable. 

Article  35  of  the  LPD  provides  for  individual  responsibility,  which  does  not  exclude  the 
liability of the state or a private legal person. 

According  to  Article  86  (Torture),  a  person  who,  in  the  exercise  of  public  functions, 
intentionally commits acts as a result of which a person is subjected to severe physical or 
mental  suffering,  or  who  incites  or  approves  such  acts  openly  or  in  silence  for  any 
purpose based on any form of discrimination, shall be punished by imprisonment of 4 to 
10 years. 

committed by his employees, within one month from receiving them; the employer is also obliged to raise 
awareness about this law by posting it in public premises of the workplace as well as enabling a full 
understanding of it by his own means or with the assistance of specialised subjects.’ 
Article 19 of the LPD provides that the director of an educational institution is responsible for taking 
necessary measures, including disciplinary measures, for the protection of employees from discrimination 
and victimisation, within one month from receiving knowledge [of them] (Article 19(c)). 

84   Law No. 8510, dated 15.7.1999, on the external contractual liability of state administration bodies, as 

amended. 

85   Vorpsi, A. and Wladasch K. (2016), ‘The legislative framework on anti-discrimination in Albania’, December 

2016, part of the joint EU/CoE project entitled ‘Enhancing the effectiveness of the Albanian system of 
human rights protection and anti-discrimination’. 

28 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
2.6  Reasonable  accommodation  duties  (Article  2(2)(b)(ii)  and  Article  5 

Directive 2000/78) 

a) 

Implementation  of  the  duty  to  provide  reasonable  accommodation  for  people  with 
disabilities in the area of employment 

In Albania, the duty on employers to provide reasonable accommodation for people with 
disabilities is included in the law and is defined.  

The duty to provide reasonable accommodation for people with disabilities in the area of 
employment is contained in three separates acts: 

- 
- 
- 

The Labour Code; 
The Law on protection from discrimination; 
The Law on the inclusion of and accessibility for persons with disabilities. 

It  is  important  to  emphasise  that,  while  the  Labour  Code  clearly  contains  a  duty  to 
provide  reasonable  accommodation  for  people  with  disabilities  in  the  area  of 
employment, the other two acts do not provide expressly for this duty in employment.  

- 

- 

- 

The  amendments  to  the  Labour  Code  in  2015  pay  particular  attention  to  the 
treatment  and  conditions  for  the  employment  of  disabled  people,  providing  an 
obligation  on  employers  to  take  temporary  positive  measures.  The  unjustified 
denial  of  reasonable  accommodation  by  the  employer  constitutes  discrimination. 
Under Article 9(8) on the prohibition of discrimination, the Labour Code states: 
‘The  employer  is  obliged  to  ensure  reasonable  accommodation  of  the 
workplace for persons with disabilities or persons under other conditions, 
mentioned in paragraph 2 of this Article.’  

In  order  to  ensure  reasonable  accommodation,  the  employer  must  make  the 
necessary  and  appropriate  modifications  and  adjustments  that  are  needed  in 
specific  cases  that  do  not  impose  an  excessive  burden  on  them,  in  order  to 
guarantee to these persons the  enjoyment  or  exercise  of the  right to employment 
and occupation under conditions equal with others.  
National law does not define what  would constitute a ‘disproportionate burden’  for 
employers. However, according to Article 9(8) of the Labour Code, such a burden is 
not  considered  excessive  for  the  employer  when  the  level  of  reasonable 
accommodation  required 
legislation  and 
regulations. 
The  LPD  includes  ‘the  denial  of  reasonable  accommodation’  as  a  form  of 
discrimination  based  on  any  protected  grounds  that  the  law  covers,  without 
mentioning  any  specific  field.  As  the  LPD  covers  protection  from  discrimination  in 
three fields (employment, education and goods and services), we can conclude that 
this duty also includes employment. 
The Law on the inclusion of and accessibility for persons with disabilities  contains a 
duty  to  provide  reasonable  accommodation,  aimed  to  guarantee  persons  with 
disabilities  the  enjoyment  or  exercise,  on  equal  terms  with  others,  of  all  human 
rights  and  fundamental  freedoms,  which  include  the  right  to  employment  and 
occupation).  

is  guaranteed  by  the  applicable 

Article 5(2)  of the  LPD  provides that  ‘the denial of adoptions  and modifications that are 
appropriate and necessary for persons with a disability constitutes discrimination.’ Article 
3(7)  of  the  LPD  provides  a  definition  of  a  denial  of  a  reasonable  accommodation,  as  a 
form of discrimination that happens whenever there is  

‘a denial of or objection to make necessary and appropriate changes or adjustments 
that are necessary in a particular case and do not impose an excessive burden, in 
order to ensure the enjoyment and exercise, on an equal basis, of the fundamental 

29 

 
 
 
 
 
 
 
 
 
rights  and  freedoms  of  persons  with  disabilities  or  which  occurred  in  other 
conditions referred to in Article 1 of this Law.’ 

The  Law  on  the  inclusion  of  and  accessibility  for  persons  with  disabilities  includes  a 
reasonable  accommodation  duty.  Article  3(6)  provides  a  general  definition  of  denial  of 
reasonable accommodation, which is ‘that form of discrimination that occurs when it is a 
denial or objection to making the necessary and appropriate changes or adjustments that 
are  necessary  in  a  particular  case  without  imposing  an  excessive  burden  in  order  to 
guarantee  that  persons  with  disabilities  may  enjoy  and  exercise,  on  equal  terms  with 
others, the fundamental human rights and freedoms.’ The Law also provides a definition 
of 
‘the  necessary  and  appropriate 
modification and adjustment, where necessary, without imposing an excessive burden, to 
guarantee  persons  with  disabilities  the  enjoyment  or  exercise,  on  equal  terms  with 
others, of all human rights and fundamental freedoms’ (Article 3(11)). 

‘reasonable  accommodation’,  understood  as 

According to Article 16(2) of the Law on the inclusion of and accessibility for persons with 
disabilities,  the  Commissioner  for  Protection  from  Discrimination  is  responsible  for 
monitoring  the  implementation  of  the  law  in  accordance  with  the  Convention  on  the 
Rights  of  Persons  with  Disabilities,  in  compliance  with  the  obligations  set  out  in  Law  on 
the protection from discrimination.86 

b) 

Practice and case law 

In  practice,  the  availability  of  financial  assistance  from  the  state  must  be  taken  into 
account  in  assessing  whether  there  is  a  disproportionate  burden  in  the  public  sector. 
There is no case law on the duty of employers to provide reasonable accommodation to 
persons with disabilities.  

In  2013,  in  dealing  with  a  case  on  the  constitutionality  of  Article  3(7)  of  the  LPD,  the 
Constitutional Court confirmed that the obligation to ensure ‘reasonable accommodation’ 
only  to  the  category  of  persons  with  disabilities  is  a  constitutional  differentiation  (i.e. 
legitimate and objective) in order to guarantee the application of the principle of equality 
to this category of persons.  

In  addition,  the  Court  has  ascertained  that  the  term  ‘excessive  burden’  under  the  LPD 
was used in accordance with the provisions of the CRPD, in the context of the principle of 
proportionality and the balancing of the interests of persons with disabilities with those of 
public or private entities, which must guarantee reasonable accommodation.87 

However,  some  institutions  that  offer  critical  services,  such  as  health  services,  have  to 
take  all  measures  necessary  to  guarantee  reasonable  accommodation.  In  2018,  the 
People’s Advocate sent a recommendation to the director of the Kukës Health Centre and 
the  director  of  Shkodra  Regional  Hospital  on  taking  measures  to  realise  physical 
accessibility  for  persons  with  disabilities  at  the  main  entrance  of  these  institutions, 
through building adaptations. The recommendations of the People’s Advocate have been 
taken into consideration and implemented by the respective institutions.88 

c) 

Definition of disability and non-discrimination protection 

There is no definition of disability in the LPD. However, according to Article 1 of this Law, 
disability is a protected ground for claiming protection from discrimination. 

86   Law No. 10 221 on protection from discrimination, 4.2.2010. 
87   Constitutional Court of the Republic of Albania, Albania's Blind Association and the National Council of 

People with Disabilities, Decision No. 48 dated 15.11.2013 (V-48/13), pp. 25-28 
http://www.gjk.gov.al/web/Vendime_perfundimtare_100_1.php. 

88   People’s Advocate (2019), Annual Report 2018, p. 51. 

30 

 
 
 
 
 
 
 
 
 
 
 
 
There is no definition of disability in the Labour Code either, but disability is a protected 
ground for claiming protection from discrimination in employment and occupation. 

Article  3(9)  of  the  Law  on  the  inclusion  of  and  accessibility  for  persons  with  disabilities 
defines  ‘persons  with  disabilities’  as  individuals  who  have  ‘long-term  physical,  mental, 
intellectual or sensory impairments, which, in conjunction with various barriers, including 
environmental  and  residence,  may  hinder  the  full  and  effective  participation  of  these 
persons in society, on equal terms with others.’89 

The definition of a disability for the purposes of requesting a reasonable accommodation 
is the same as for seeking protection from discrimination in general. 

d) 

Failure to meet the duty of reasonable accommodation for people with disabilities 

In  Albania,  failure  to  meet  the  duty  of  reasonable  accommodation  in  employment  for 
people with disabilities counts as discrimination. 

The LPD provides a general disposition. Article 5(2) provides that ‘the denial of adaptions 
and  modifications  that  are  appropriate  and  necessary  for  persons  with  a  disability 
constitutes  discrimination.’  According 
reasonable 
to 
accommodation is provided as a free-standing form of discrimination. 

the  denial  of 

the  LPD, 

Under  Article  9(8)  of  the  Labour  Code,  the  denial  of  reasonable  accommodation  by  the 
employer  constitutes  discrimination.  As  mentioned  above,  the  Labour  Code  provides  for 
the  shifting  of  the  burden  of  proof  in  cases  where  the  employee  claims  to  have  been  a 
victim  of  discrimination  in  the  exercise  of  the  right  to  employment  and  profession 
(Articles 9(9) and 10). 

Arguing on the term ‘excessive burden’90 (as an essential element to determine if there is 
a  case  of  denial  of  reasonable  accommodation),  the  Constitutional  Court  confirmed  in 
2013  that  ‘the  lack  of  defining  criteria  in  the  LPD  for  the  term  “excessive  burden”  does 
not  create  incompatibility  with  the  Constitution,  as  law  enforcement  agencies  will  make 
this  interpretation  depending  on  the  nature  of  the  allegations  and  the  possibility  of 
making adjustments / changes by the subject on which the obligation of adaptation falls 
and on which no disproportionate burden should be imposed’. 91 

The  sanctions  are  provided  by  the  LPD  and  do  not  differentiate  between  the  several 
forms of discrimination prohibited by the law. 

e)  Duties  to  provide  reasonable  accommodation  in  areas  other  than  employment  for 

people with disabilities 

In  Albania,  there  is  a  legal  duty  to  provide  reasonable  accommodation  for  people  with 
disabilities outside the area of employment.  

The LPD and the Law on the inclusion of and accessibility for persons with disabilities set 
out a reasonable accommodation duty with regard to the enjoyment and exercise of the 
fundamental rights. 

The  LPD  provides  for  protection  from  discrimination  in  three  fields:  employment, 
education, and goods and services. 

89   Law No. 93/2014 on the inclusion of and accessibility for persons with disabilities. 
90   ‘Excessive burden’ was understood by the court to mean a disproportionate burden.  
91   Constitutional Court of the Republic of Albania, Albania's Blind Association and the National Council of  
     People with Disabilities, Decision No. 48 dated 15.11.2013 (V-48/13), pp. 26-27. 
     http://www.gjk.gov.al/web/Vendime_perfundimtare_100_1.php. 

31 

 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
The  article  on  the  duties  of  the  Council  of  Ministers  and  the  Minister  of  Education  and 
Science  in  the  LPD  places  an  obligation  on  these  institutions  to  take  measures  for 
‘respecting and assuring the right to education in the languages of minorities, as well as 
in appropriate manners for persons with a disability’ (Article 18(2)(ç)). 

The LPD states that: 

‘It is prohibited for a  natural or legal person  who  offers goods and  services to the 
public not to accept or to oppose the realisation of changes or accommodations that 
are necessary and appropriate, which aim at enabling a person with a disability to 
benefit from those goods and services, so long as the modifications or adjustments 
do not impose a disproportionate or unlawful burden on the person who offers the 
goods and services’ (Article 20(3)). 

The Law on the pre-university education system in the Republic of Albania, under Article 
6(3) on general principles, states that ‘protection against any form of action or omission, 
which  may  cause  discrimination,  maltreatment  or  moral  harm,  shall  be  provided  to 
students  and  educational  employees  in  the  pre-university  education  system.’  Article 
63(2) and (3), on the  principles  for the  education of disabled children provides that the 
involvement and integration of disabled children in kindergartens and  in initial education 
at ordinary schools will be a priority. The Law also provides deaf  students and  students 
who  unable  to  speak  with  a  guaranteed  right  to  communicate  in  sign  language,  and 
allows blind students to use Braille. According to Article 65(4), the relevant basic unit of 
local government must provide for an appropriate teaching and learning environment for 
disabled students, in accordance with the standards set out by the relevant ministry.  

Furthermore,  the  Law  on  the  promotion  of  employment,92  under  Article  12(4),  provides 
that,  for  persons  with  disabilities,  elements  of  reasonable  accommodation  should  be 
applied for  specific training programmes, with curricula adapted to the degree and type 
of  disability,  and  trainers  or  teachers  should  be  able  to  provide  special  training  for  this 
category of persons. 

f) 

Duties to provide reasonable accommodation in respect of other grounds 

In Albania, there is a legal duty to provide reasonable accommodation in respect of other 
grounds (including race, ethnicity, age, religion and beliefs and sexual orientation) in the 
public and private sectors. 

There  is  a  general  provision  (Article  3(7)  of  the  LPD)  on  the  ‘denial  of  a  reasonable 
accommodation’ as that form of discrimination that takes place whenever there is a  

‘denial  of  or  objection  to  making  essential  and  appropriate  regulations  or  changes 
that  are  necessary  in  a  particular  case  and  do  not  impose  an  excessive  burden  … 
for persons with a disability … or persons that are under other conditions mentioned 
in article 1 of this law.’  

According  to  this  article,  other  grounds  would  fall  under  the  conditions  mentioned  in 
Article 1 of the LPD. 

This  provision  is  therefore  applicable  to  all  grounds,  in  addition  to  disability  (including 
race, ethnicity, age, religion and beliefs and sexual orientation) and in all fields covered 
by the Law. 

Article  9(8)  of  the  Labour  Code  states  that  the  employer  is  also  obliged  to  ensure  a 
reasonable  accommodation  at  the  workplace  for  persons  under  other  conditions  (apart 

92   Law No. 15/2019 on the promotion of employment. 

32 

 
 
 
 
 
  
 
 
 
 
 
 
 
from people with disabilities),  as set out in paragraph 2, which provides for an open list 
of protected grounds. 

33 

 
3 

PERSONAL AND MATERIAL SCOPE  

3.1  Personal scope 

3.1.1  EU  and  non-EU  nationals  (Recital  13  and  Article  3(2),  Directive  2000/43 

and Recital 12 and Article 3(2), Directive 2000/78) 

In  Albania,  there  are  no  residence  or  citizenship/nationality  requirements  for  protection 
under the relevant national laws transposing the directives. 

Article 16(1) of the Constitution provides that ‘the fundamental rights and freedoms and 
the  duties  contemplated  in  this  Constitution  for  Albanian  citizens  are  also  valid  for 
foreigners  and  stateless  persons  in  the  territory  of  the  Republic  of  Albania,  except  for 
cases  when  the  Constitution  specifically  attaches  the  exercise  of  particular  rights  and 
freedoms  with  Albanian  citizenship.’  Therefore,  the  Constitution  provides  for  a  legal 
reserve for the exemption from specific rights. Based on this constitutional provision, the 
Law  No.  152/2013  on  civil  servants,  under  Article  21  on  the  general  requirements  for 
admission  to  the  civil  service,  provides  that  citizenship  is  a  specific  requirement  to  be 
part of the public administration as a civil service.93 

The  provisions  of  the  Law  on  the  People’s  Advocate  also  apply  to  the  protection  of 
foreigners’  rights,  including  the  rights  of  refugees,  asylum  seekers  and  stateless 
persons.94 

Article 4 of the LPD states: 

‘1.  This  law  is  applicable  to  all  persons  who  live  and  stay  in  the  territory  of  the 
Republic of Albania.  
2.  Albanian  citizens  with  a  temporary  or  permanent  residence  outside  the  borders 
of the Republic of Albania enjoy the protection that this law offers in their relations 
with the organs of the Albanian state.  
3.  Natural  and  legal  foreign  persons  with  a  residence,  domicile  or  headquarters 
outside  the  territory  of  the  Republic  of  Albania  enjoy  the  protection  that  this  law 
offers in their relations with the organs of the Albanian state.’ 

3.1.2  Natural and legal persons (Recital 16, Directive 2000/43) 

a) 

Protection against discrimination 

In Albania, the personal scope of the Law on protection from discrimination (LPD) covers 
natural persons for the purpose of protection against discrimination.  

-  

-  

The  LPD  provides  the  right  of  ‘a  person  or  group  of  persons’  to  make  a  complaint 
(Article 33(1)) but does not define the concept of ‘person’ or ‘group of persons’;  
Article  4(2)  provides  protection  from  discrimination  for  Albanian  citizens  with  a 
temporary or permanent residence outside the borders of Albania in  their relations 
with the organs of the Albanian state. 

The LPD is silent about the personal scope of anti-discrimination law regarding Albanian 
legal subjects.  

-  

Article 4(1) provides that ‘this law is applies to all persons who live and stay in the 
territory of the Republic of Albania’, without defining the concept of ‘person’.  

93   Law No. 152/2013 on civil servants (Për shërbimin civil), as amended. 
94   Law No. 8454/1999 on the People’s Advocate, as amended. 

34 

 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
Under  Article  4(3)  of  the  LPD,  the  personal  scope  of  anti-discrimination  law  covers 
‘natural and legal foreign persons with a residence, domicile or headquarters outside the 
territory of the Republic of Albania … in relations with the organs of the Albanian state.’ 

Legal interpretation is required as to whether legal persons are protected under the LPD. 
According  to  Article  16(2)  of  the  Constitution,  the  fundamental  rights  and  freedoms  as 
well as the obligations provided under this fundamental act also apply to legal entities. 

b) 

Liability for discrimination 

In  Albania  the  personal  scope  of  anti-discrimination  law  covers  natural  and/or  legal 
persons for the purpose of liability for discrimination. 

According to Article 7(1) of the LPD: 

‘Every  action  or  failure  to  act  by  the  public  authorities  or  by  natural  or  legal 
persons who take part in the private or public sectors and life that creates bases 
for the denial of equality against a person or group of persons, or which exposes 
them  to  unfair,  unequal  treatment  when  they  are  in  the  same  or  similar 
circumstances  in  comparison  with  other  persons  or  other  groups  of  persons 
constitutes discrimination.’ 

Under Article 33(13) of the LPD, both natural and legal persons can be found liable. The 
LPD  makes  a  distinction  between  natural  and  legal  persons,  by  providing  for  different 
sanctions.95 

The LPD provides for the responsibility of the individual and states: 

‘Every person has responsibility on the basis of the provisions of this law, when by 
his  actions  or  failures  to  act,  he  has  committed  a  discriminatory  act  within  the 
meaning  of  this  law.  Individual  responsibility  does  not  exclude  the  liability  of  the 
state or a private legal person’ (Article 35). 

Under Article 253 (Violating the equality of citizens), the Penal Code states:  

‘Discrimination  conducted  by  a  person  holding  a  state  function  or  in  public  service 
during  the  exercise  of  his  duty,  based  on  origin,  sex,  sexual  orientation  or  gender 
identity,  health  situation,  religious  or  political  beliefs,  trade  union  activity  or 
because  of  belonging  to  a  particular  ethnic  group,  nation,  race  or  religion,  which 
consists of creating unfair privileges or refusing a right or benefit deriving from the 
law, is punishable by a fine or up to five years of imprisonment.’  

3.1.3  Private and public sector including public bodies (Article 3(1)) 

a) 

Protection against discrimination 

In Albania, the personal scope of national anti-discrimination law covers the private and 
public sectors, for the purpose of protection against discrimination. 

The LPD is silent about the personal scope of anti-discrimination law regarding Albanian 
legal subjects, including public bodies, and judicial interpretation is needed. However, as 
explained  above,  the  LPD  provides  explicitly  for  the  protection  of  foreign  legal  persons 
with  a  residence,  domicile  or  headquarters  outside  the  territory  of  Albania  in  their 
relations with the organs of the Albanian state. 

95   According to Article 33(16) of the LPD, any subject who is punished by means of a fine has the right to 

appeal to the competent court under the Code of Civil Procedure. 

35 

 
 
 
 
 
 
 
  
 
 
  
 
 
 
 
 
Article 33(1) of the LPD states that: 

‘A person or group of persons who claim that they have been discriminated against, 
or  an  organisation  with  legitimate  interests  that  claims  discrimination  in  the  name 
of  a  person  or  group  of  persons,  may  submit  a  complaint  together  with  available 
evidence  to  the  commissioner,  in  writing  or  in  exceptional  cases  orally,  so  that 
minutes can be taken.’ 

According to Article 7(1) of the LPD: 

‘Every  action  or  failure  to  act  by  the  public  authorities  or  by  natural  or  legal 
persons who take part in the private or public sectors and life that creates bases 
for the denial of equality against a person or group of persons, or which exposes 
them  to  unfair,  unequal  treatment  when  they  are  in  the  same  or  similar 
circumstances  in  comparison  with  other  persons  or  other  groups  of  persons 
constitutes discrimination.’ 

b) 

Liability for discrimination 

In  Albania,  the  personal  scope  of  anti-discrimination  law  covers  the  private  and  public 
sectors, including public bodies, for the purpose of liability for discrimination.  

According to Article 7(1) of the LPD: 

‘Every  action  or  failure  to  act  by  the  public  authorities  or  by  natural  or  legal 
persons who take part in the private or public sectors and life that creates bases 
for the denial of equality against a person or group of persons, or which exposes 
them  to  unfair,  unequal  treatment  when  they  are  in  the  same  or  similar 
circumstances  in  comparison  with  other  persons  or  other  groups  of  persons 
constitutes discrimination.’ 

Article 35 of the LPD, on ‘Individual responsibility’, provides that:  

‘Every person has responsibility on the basis of the provisions of this law, when by 
his  actions  or  failures  to  act,  he  has  committed  a  discriminatory  act  within  the 
meaning of this law. Individual responsibility does not exclude the responsibility of 
the state or a private legal person.’ 

Other  articles  of  the  LPD  cover  the  responsibility  of  central  institutions  (Articles  14  and 
18),  heads  of  educational  institutions  (Article  19),  employers  (Article  13)  and  entities 
that provide goods and services (Article 20). 

It is also important to take into account Article 33(13) and (16), as elaborated above. 

3.2  Material scope 

3.2.1  Employment, self-employment and occupation  

In  Albania,  national  legislation  applies  to  all  sectors  of  private  and  public  employment, 
self-employment  and  occupation,  including  contract  work,  military  service  and  holding 
statutory  office, for all  protected grounds provided by  the  LPD, including  explicitly  race, 
ethnicity, sexual orientation, age and disability. 

Under  Chapter  II  of  the  Law  on  protection  from  discrimination  (LPD),  protection  from 
discrimination is provided in the field of employment, prohibiting discrimination against a 
person in connection with his right to employment (Article 12(1)) and in connection with 

36 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
the  conditions  for  acceptance  into  a  profession  and  the  receipt  of  licences  to  exercise  a 
profession,  especially when the persons are self-employed (Article 16). The employer is 
obliged  to  take  necessary  measures  to  protect  employees  from  discrimination  (Article 
13). 

There  is  a  strong  relationship  between  the  Labour  Code  and  the  LPD  with  regard  to 
prohibiting  discrimination  in  the  field  of  employment,  given  that  the  roles  of  each  legal 
framework  and  the  interplay  between  the  two  are  clearly  regulated.96  The  amendments 
to  the  Labour  Code  in  2015  provide  that  any  form  of  discrimination,  as  set  out  in  the 
code and the particular legislation on the protection  against discrimination (the LPD), in 
exercising  the  right  to  employment  and  occupation  is  prohibited.  The  amended  Labour 
Code  also  expands  the  prohibited  grounds  of  discrimination,  to  include  living  with  HIV/ 
AIDS, and membership of or affiliation with trade union organisations (Article 9(5)(a)). 

3.2.2  Conditions  for  access  to  employment,  to  self-employment  or  to 
occupation, 
including  selection  criteria,  recruitment  conditions  and 
promotion,  whatever  the  branch  of  activity  and  at  all  levels  of  the 
professional hierarchy (Article 3(1)(a))  

In Albania, national legislation prohibits discrimination in relation to conditions for access 
to  employment,  self-employment  or  occupation,  including  selection  criteria,  recruitment 
conditions  and  promotion,  whatever  the  branch  of  activity  and  at  all  levels  of  the 
professional  hierarchy,  for  the  five  grounds  and  in  both  private  and  public  sectors,  as 
described in the directives. 

According to Article 12(1)(c) of the LPD,  

‘discrimination  includes  every  distinction,  limitation  or  exclusion  that  is  based  on 
the  grounds  mentioned  in  article  1  of  this  law  and  which,  among  other  things,  is 
related to: the announcement of free places of work; the recruitment and selection 
of  employees;  the  treatment  of  employees  in  the  workplace,  including  their 
treatment during the establishing or changing of working conditions, compensation, 
benefits  and  the  work  environment,  treatment  related  to  professional  training  or 
during the disciplinary process or related to dismissal from work or the dissolution 
of a labour contract; membership in labour unions and the possibility of benefiting 
from the facilities that this membership secures.’ 

Article  9(5)(a)  of  the  Labour  Code  is  completely  in  line  with  the  directives.  This  article 
provides that:  

‘Tthe  prohibition  of  discrimination  and  the  application  of  the  principle  of  equal 
treatment in the exercise of the right to  employment and profession shall apply in 
respect  of  …  opportunity  for  employment,  self-employment  and  occupation, 
including the selection criteria and recruitment conditions, of any branch of activity 
and at all levels of the professional hierarchy, and promotion.’ 

The new Law on the promotion of employment,97 which was adopted in 2019, is aimed at 
increasing the employability of the workforce through the provision of public services and 
programmes of employment, self-employment, and vocational training (Article 2).  
The Law defines some essential concepts, such as: 

-  

The  ‘training  and  rehabilitation  of  persons  with  disability’,  which  is  understood  to 
involve  support  services  and  disability  assessment  assistance.  These  services  will 

96   Baraku, I. (2017) ‘The protection from discrimination in the employment field from the perspective of the 

amendments to the Labour Code’, presentation at International Scientific Conference on the challenges and 
perspectives of private law, 21 October 2017. 

97   Law No. 15/2019 on the promotion of employment (Për nxitjen e punësimit), 13.03.2019. 

37 

 
 
 
 
 
 
 
 
 
 
 
-  

be  provided  through  information,  vocational  counselling,  an  evaluation  of 
professional  skills,  the  development  of  relevant  programmes,  vocational  training, 
additional qualifications, etc. (Article 3(1)).  
‘Special  groups’  including  disadvantaged  jobseekers  in  the  labour  market,  such  as 
individuals  with  orphan  status  in  difficult  economic  conditions,  people  with 
disabilities, parents of children with disabilities, persons over the age of 55, persons 
from  Roma  and  Egyptian  communities, 
jobseekers, 
unemployed  jobseekers  having  immigrated  not  more  than  two  years  previously, 
minors  and  young  people  in  conflict  with  the  law,  young  people  under  the  age  of 
29, victims of gender-based violence and domestic violence, and mothers under the 
age of 18. (Article 3(4)) 

long-term  unemployed 

According  to  Article  7,  the  responsible  ministry  shall  take  all  necessary  measures  to 
provide  the  necessary  infrastructure  and  human  and  material  resources  in  the  relevant 
regional or local body to ensure the provision of specialised services to specific groups of 
people requiring assistance for their inclusion in the labour market.  

3.2.3  Employment  and  working  conditions,  including  pay  and  dismissals 

(Article 3(1)(c)) 

In  Albania,  national  legislation  prohibits  discrimination  in  working  conditions  including 
pay and dismissals, for all five grounds and for both private and public employment. This 
is explicitly provided by Article 9(5)(c) of the Labour Code. 

According to Article 12(1) of the LPD,  

‘discrimination  includes  every  distinction,  limitation  or  exclusion  that  is  based  on 
the  grounds  mentioned  in  article  1  of  this  law  and  which,  among  other  things,  is 
related to …  
c)  the  treatment  of  employees  in  the  workplace,  including  their  treatment  during 
the establishing or changing of working conditions, compensation, benefits and the 
work  environment,  …  the  disciplinary  process  or  related  to  dismissal  from  work  or 
the dissolution of a labour contract’. 

3.2.4  Access  to  all  types  and  all  levels  of  vocational  guidance,  vocational 
training,  advanced  vocational  training  and  retraining,  including  practical 
work experience (Article 3(1)(b)) 

In  Albania,  national  legislation  prohibits  discrimination  in  vocational  training  outside  the 
employment  relationship,  such  as  adult  lifelong  learning  courses  or  vocational  training 
provided by technical schools or universities.  

In this context Article 9(5)(b) of the Labour Code is fully in line with the provisions of the 
directives. This article provides that:  

‘the prohibition of discrimination and the application of the principle of equal treatment in 
the exercise of the right to employment and profession shall apply in respect of … access 
to  all  types  and  levels  of  professional  orientation,  vocational  training,  advanced 
vocational training and retraining, including work experience in practice’. 

According to Article 12(1)(c) of the LPD,  

‘discrimination  includes  every  distinction,  limitation  or  exclusion  that  is  based  on 
the  grounds  mentioned  in  article  1  of  this  law  and  which,  among  other  things,  is 
related to … treatment related to professional training’. 

38 

 
 
 
 
 
 
 
 
 
 
 
 
 
According  to  Article  1(c)  of  the  Law  on  Higher  Education,98  the  mission  of  higher 
education  is,  among  others,  to  provide  equal  opportunities  to  benefit  from  higher 
education  and  lifelong  learning.99  Article  82  of  the  Law  sets  out  the  conditions  for  the 
organisation  of  continuing  education  study  programmes  as  a  form  of  lifelong  learning. 
The  Law  recognises  the  right  of  persons  who  fulfil  the  eligibility  criteria  in  a  first  cycle 
study programme, an integrated study programme, or a professional study programme, 
regardless  of their  financial means to pay the tuition fee. It also recognises the  right to 
higher education for persons who enjoy this right through special laws. 

3.2.5  Membership  of,  and  involvement  in,  an  organisation  of  workers  or 
employers,  or  any  organisation  whose  members  carry  on  a  particular 
profession,  including  the  benefits  provided  for  by  such  organisations 
(Article 3(1)(d)) 

In Albania, national legislation prohibits discrimination in  relation to  membership of and 
involvement  in  workers’  or  employers’  organisations,  as  formulated  in  the  directives  for 
all five grounds and for both private and public employment. 

The  Labour  Code  provisions  are  fully  in  compliance  with  the  directives;  Article  9(5)(ç) 
states that ‘the prohibition of discrimination and the application of the principle of equal 
treatment  in  the  exercise  of  the  right  to  employment  and  profession  shall  apply  in 
respect  of  …  membership  and  activism  in  trade  union  organisations  and  employers' 
organisations,  or  any  organisation,  whose  members  exercise  a  particular  profession, 
including the benefits provided by these organisations’. 

According to Article 12(1) of the LPD, 

‘Discrimination  includes  every  distinction,  limitation  or  exclusion  that  is  based  on 
the  grounds  mentioned  in  article  1  of  this  law  and  which,  among  other  things,  is 
related to … membership in labour unions and the possibility of benefiting from the 
facilities that this membership secures.’ 

The  Law  on  trade  unions100  was  adopted  in  1991  and  was  amended  in  1992  and  1994. 
Although it does not explicitly  cover the principle of non-discrimination, the Law contains 
several  provisions  that  are  essentially  intended  to  guarantee  non-discrimination  because 
of trade union participation and to provide members of trade unions with protection from 
unequal and discriminating treatment. Under Article 3, all employees have the right to join 
trade unions, regardless of their political, ideological or religious beliefs. Persons who have 
retired  or  who  are  in  receipt  of  social  assistance  have  the  same  right.  The  Law  provides 
members  and  leaders  of  trade  unions  with  protection  from  employer  actions  on  the 
grounds of belonging to this particular group. In particular: 

-  

-  

According to Article 10, their rights as employees cannot be restricted, including by 
dismissal due to union membership;  
Under  Article  11,  the  elected  members  of  a  trade  union  may  not  be  removed  or 
transferred during the performance of their duties without the prior consent of the 
trade  union  organisation  concerned,  unless  violations  of  the  legislation  and  the 
collective labour contract are observed. 

98   Law No. 80/2015 on higher education and scientific research in higher education institutions in the Republic 

of Albania. 

99   The Law provides a definition of ‘lifelong learning’, understood as ‘the attending of activities and/or learning 
programmes in different periods of life, aiming to expand knowledge to enhance study and/or professional 
skills’. 

100  Law No. 7516/1991 on trade unions in the Republic of Albania, amended in 1992 and 1994. 

39 

 
 
 
 
 
 
 
 
 
 
3.2.6  Social protection, including social security and healthcare (Article 3(1)(e) 

Directive 2000/43) 

In  Albania,  national  legislation  prohibits  discrimination  in  social  protection,  including 
social security and healthcare, as formulated in the Racial Equality Directive.  
It extends the protection to all protected grounds covered by the LPD. 

Chapter IV of the LPD, on ‘Prohibition of discrimination in the field of goods and services’, 
states  that  the  prohibition  of  discrimination  is  especially  applicable  to  the  ability  to 
receive  or  to  benefit  from  goods  and  services  that  have  to  do  with  health,  the 
contribution  and  possibility  to  benefit  from  goods  from  social  protection  schemes, 
including  social  assistance,  social  insurance,  protection  of  children,  disability  benefits  or 
any another scheme of social protection or other advantage offered to the public (Article 
20(2)(b) and (c)). 

a) 

Article 3(3) exception (Directive 2000/78) 

Article  20(5)  of  the  LPD  states  that  ‘Distinctions  in  compensation  and  benefits, 
established because of  the grounds  mentioned in article 1 of this law, do not constitute 
discrimination  when  the  distinctions  are  reasonable  and  in  proportion  to  a  risk  that  is 
assessed on the basis of current and statistical data that can be verified and are closely 
linked to the risk.’ A study on the legislative framework on anti-discrimination in Albania, 
conducted in 2016, found that the exemptions for accessing goods and services could be 
problematic in light of  the European directives.101 However, in the opinion of the author 
of this report, this legal provision is in compliance with the scope of the directive,  given 
that Directive 2000/78 does not apply to payments of any kind made by state schemes, 
including state social security or social protection schemes. 

3.2.7  Social advantages (Article 3(1)(f) Directive 2000/43) 

In  Albania,  the  LPD  prohibits  discrimination  in  social  advantages  as  formulated  in  the 
Racial Equality Directive. According to Article 20(1) of the LPD, ‘a natural or legal person 
who offers goods or services to the public, whether or not for payment, is prohibited from 
discriminating  against  another  person  who  seeks  to  achieve  or  use  them’  by  a  refusal 
based  on  grounds  mentioned  in  Article  1  of  the  LPD  (including  race,  ethnicity,  age, 
religion  and  beliefs  and  sexual  orientation).  This  provision  is  especially  applicable  to 
social  advantages  (Article  20(2)(c)),  which  covers  ‘contribution  to  and  the  possibility  to 
benefit  from  social  protection  schemes,  including  through  social  assistance,  social 
insurance, child protection, disability benefits or any another scheme of social protection 
or  other  advantage  offered  to  the  public’.  According  to  Article  20(4)  such  a  refusal  also 
includes ‘situations when the refusal in fact is based on the grounds mentioned in article 
1 of this law, but other reasons are declared by the discriminating subject or no reason is 
declared as a reason for the refusal.’102 

Chapter  IV  of  the  Constitution,  on  ‘Economic,  social  and  cultural  rights  and  freedoms’, 
provides  that  employees  have  the  right  to  employment  social  insurance  and  the 
provisions  pay  special  attention  to  persons  who  are  unemployed  for  reasons  that  are 
independent  of  their  will  and  when  they  do  not  have  other  means  of  livelihood  by 
providing assistance under the conditions provided by law (Article 52).  The Constitution 
also prohibits discrimination on grounds of race and ethnicity, among others.  

The  Law  on  social  care  services  in  the  Republic  of  Albania  provides  that  social  services 
are  administered  on  the  basis  of  universal  principles  in  the  field  of  human  rights 

101  Vorpsi, A. and Wladasch, K. (2016) ‘The legislative framework on anti-discrimination in Albania’, December 

2016, part of the joint EU/CoE Project entitled ‘Enhancing the effectiveness of the Albanian system of 
human rights protection and anti-discrimination’. 

102  Article 1 of the LPD on ‘Object’ provides the protected grounds of discrimination. 

40 

 
 
 
 
 
 
 
 
 
 
protection,  including  the  principle  of  non-discrimination.103  Beneficiaries  are:  asylum 
seekers;  persons  with  disabilities;  adults  with  social  problems,  victims  of  violence, 
trafficking,  drug  addiction  and  alcohol  addiction;  pregnant  girls  or  single  parents  of  a 
child up to the age of one year; juveniles and juveniles in conflict with the law, who have 
completed  the  sentence  period  and  need  social  care  services  for  the  purpose  of 
reintegration  into  society;  those  who  enjoy  international  protection  by  decision  of  the 
responsible authority for asylum and refugees in Albania; and the elderly in need. 

3.2.8  Education (Article 3(1)(g) Directive 2000/43) 

In Albania, national legislation prohibits discrimination in education as formulated in the 
Racial Equality Directive.  

According to Article 17(1) of the LPD,  

‘Every  distinction,  limitation  or  exclusion  is  prohibited  based  on  the  causes 
mentioned in article 1 of this law (including racial/ethnic origin, sexual orientation, 
age,  religion  and  beliefs,  and  disability)  and  which,  among  other  things,  is  related 
to:  
a) 

the  creation  of  public  or  private  institutions  that  offer  educational  or 
professional services; 
the  financing  of  public  institutions  that  offer  educational  or  professional 
services; 
the content of principles and criteria of educational activity, including teaching 
programmes and teaching methods; 
the  treatment  of  students  or  pupils,  including  acceptance,  evaluation, 
application of disciplinary measures or their expulsion.’  

b) 

c) 

d) 

Furthermore, according to Article 17 of the LPD:  

‘2. It is prohibited for a person or group of persons to be refused acceptance into a 
public educational institution for the causes mentioned in article 1 of this law. 
3.  Every  kind  of  annoyance  is  prohibited,  especially  annoyance  of  students,  pupils 
and employees in educational institutions. 
4.  The  implementation  of  special  and  temporary  measures,  based  on  the  causes 
mentioned  in  article  1  of  this  law,  for  the  purpose  of  speeding  up  equality  in 
education,  is  not  considered  discrimination.  The  implementation  of  such  measures 
can in no case mean permanently maintaining unequal or different standards, and 
these  measures  are  interrupted  when  the  objective  of  offering  equal  opportunities 
and treatment is achieved.’ 

Article  18  on  the  duties  of  the  Council  of  Ministers  and  the  Minister  of  Education  and 
Science, provides: 

‘1.  The  Council  of  Ministers  and  the  Minister  of  Education  and  Science  are  each 
responsible for taking measures of a positive nature in order to fight discrimination 
in connection with the right to education.  
2. The Council of Ministers and the Minister of Education and Science, among other 
things, each take measures for:  
a)  

raising consciousness about this law in the educational system, among other 
things, including information about it in teaching programmes;  
including  concepts  and  actions  against  models  of  discriminating  behaviour  in 
teaching programmes;  

b)  

c)   educating the entire population, in particular, by taking measures in favour of 
women and girls, minorities, persons with a disability as well as persons who 

103  Law No. 121/2016 on social care services. 

41 

 
 
 
 
 
 
 
 
  
 
are  or  have  more  possibility  of  being  the  object  of  discrimination  for  the 
grounds mentioned in article 1 of this law;  
respecting and assuring the right to education in the languages of minorities, 
as well as in appropriate manners for persons with a disability.’ 

d) 

The  provision  covers  all  grounds  required  by  the  directive  (racial/ethnic  origin,  religion 
and  beliefs,  age,  disability,  sexual  orientation)  and  more  grounds  such  as  gender, 
pregnancy, parentage, and economic, educational or social status. 

The Law on protection from discrimination (LPD) provides for the ‘duties of the director of 
an educational institution’ under Article 19. According to this provision, the director of an 
educational  institution  is  responsible  for  taking  measures  of  a  positive  nature  in  the 
institution, in order to fight discrimination in connection with the right to education, such 
as:  

‘a)   raising awareness about this law within the institution, among other things by 

b)  

c)  

d)  

e)  

posting the law in a visible place;  
the  fight  against  models  of  discriminating  behaviour  that  constitute  or 
encourage discrimination within the institution;  
taking necessary measures, including disciplinary measures, for the protection 
of  employees  from  discrimination  and  victimisation,  within  one  month  from 
receiving knowledge;  
the  effective  handling  of  complaints  about  discrimination  in  the  institution, 
examining every complaint within 30 days from its submission;  
imposing  disciplinary  measures  against  any  person  who  is  verified  to  have 
performed a discriminatory act when such a thing is appropriate, proportional 
and in conformity with the competences of the director.’ 

The Law on the pre-university education system expressly stipulates the principle of non-
discrimination  in  the  right  to  education  for  the  following  grounds:  gender,  race,  colour, 
ethnicity,  language,  sexual  orientation,  political  or  religious  beliefs,  economic  or  social 
status,  age,  residence,  disability  and  other  grounds  provided  by  Albanian  legislation. 
Interpreting  this  provision,  the  various  institutions,  including  private  institutions,  mainly 
refer  to  the  LPD,  which  guarantees  protection  against  discrimination  in  the  field  of 
education  for  an  open  list  of  protected  grounds.  Meanwhile,  as  mentioned  previously, 
according  to  the  Law  on  Higher  Education,  the  mission  of  higher  education  is,  among 
other things, to provide people with equal opportunities to benefit from higher education 
and lifelong learning. 

In 2014 the CPD found that there had been direct discrimination in the field of education 
related  to  the  religious  beliefs  of  the  complainant  (a  16-year-old  girl  who  wore  a 
headscarf) by the regional education directorate and the general high school that the girl 
attended.  These  institutions  had  denied  her  the  right  to  attend  classes  wearing  a 
headscarf,  contending  that  the  state  is  secular,  and  that,  for  this  reason,  religious 
symbols  cannot  be  allowed  in  public  educational  institutions.  However,  the  Law  on  the 
pre-university  education  system  and  its  bylaws  do  not  contain  any  provisions  that 
prohibit this.104 

a) 

Pupils with disabilities 

In  Albania,  the  general  approach  to  education  for  pupils  with  disabilities  does  not  give 
rise  to  problems,  especially  as  far  as  the  legal  framework  is  concerned.  However,  the 
implementation of the legal framework is sometimes difficult. 

104  CPD, Decision No. 14, J.R. v. Regional Education Directorate of Korça & General High School ‘Muharrem 

Çollaku’ Pogradec, dated 29.01.2015. 

42 

 
 
 
 
 
 
 
 
 
 
The  Law  on  the  pre-university  education  system,  adopted  in  2012,  guarantees  and 
promotes  the  inclusion  of  more  children  with  disabilities  in  ordinary  schools.  It  has 
introduced  several  innovations,  including:  outlining  an  understanding  of  disability 
according  to  international  standards;  providing  the  principle  of  non-discrimination  of 
children  with  disabilities  in  the  exercise  of  the  right  to  education;  and  enabling  the 
involvement  of  many  stakeholders  in  education  issues,  especially  disabled  children  and 
their parents, but also psychologists and social workers. 

The  bylaws  under  the  pre-university  education  system  were  approved  in  2013;  they 
provided  detailed  procedures  and  rules  for  the  education  of  children  with  disabilities. 105 
According  to  these  rules,  the  local  educational  unit  should  establish  a  commission  that 
contains  doctors,  psychologists,  teachers  and  specialists  for  children  with  disabilities  to 
provide  the  relevant  recommendations  for  the  child's  attendance  in  an  ordinary 
educational institution or a specialised facility. However, it is up to the parents to decide. 
The  integration  of  children  with  disabilities  into  every  aspect  of  teaching  and  the 
education process requires active and dedicated directors of educational institutions and 
teachers.  They  are  legally  charged  with  developing  personalised  programmes  for 
students  with  disabilities  in  collaboration  with  the  parents  and  children.  The  guidelines 
state  that  providing  inclusion  includes  giving  the  support  provided  by  law  for  teachers 
who  have  children  with  disabilities  or  special  needs  in  their  class  and  that  this  support 
can be accorded by making available additional teachers, creating a class with a smaller 
number of students, etc. 

However,  there  are  many  problems  in  practice.  According  to  the  Commissioner  for 
Protection  from  Discrimination,  the  majority  of  discrimination  cases  in  the  field  of 
education for children with disabilities in 2019 related to the integration of children with 
disabilities  in  ordinary  schools  and  the  appointment  of  teaching  assistants  with  the 
appropriate  training  for  children  with  disabilities.  Such  obstacles  are  related  to  the 
mentality  of  the  society,  the  fact  that  the  majority  of  educational  institutions  do  not 
comply with the requirement of accessibility, the lack of appropriate training for teachers 
and the underfinancing of the education system. 

Albania has ratified the Convention on the Rights of Persons with Disabilities through Law 
No.  108,  dated  15.11.2012,  which  entered  into  force  on  11  February  2013.106  The 
concluding  observations  of  the  Committee  on  the  Rights  of  Persons  with  Disabilities  on 
the  initial  report  of  Albania  confirm  that  the  Committee  is  concerned  about  the  lack  of 
information on the health-care and educational assessment procedures in place and that 
individualised  support  and  accommodations  are  not  consistently  provided  for  those 
children with disabilities in mainstream schools who need them. The Committee therefore 
recommended that Albania: 

- 

- 

Ensure that health-care and educational assessment procedures are in line with the 
Convention  and  the  human  rights-based  approach  to  disability  and  that  experts 
from multiple disciplines are involved in such procedures;  
Adopt a legally defined procedure for the provision of reasonable accommodation at 
all levels of education and allocate the resources necessary to guarantee reasonable 
accommodation  according  to  individual  requirements  in  consultation  with  the  child 
concerned.107  

105  Baraku, I. and Hoxhaj, E. (2015) ‘The integration in educational system of children with disability - a 
philosophy and a legal obligation’, presentation at 4th International Conference on Social Sciences, 
Bucharest, 27 February 2015, published in the European Journal of Social Science Education and Research 
(EJSER). 

106  The Albanian Government prepared the initial report in 2014, which was received by the CRPD on 

4 December 2015. The CRPD considered the report in August 2019 and adopted its concluding observations 
on 16 September 2019. 

107  Committee on the Rights of Persons with Disabilities (2019), Concluding observations on the initial report of 

Albania, adopted by the Committee at its twenty-second session (26 August–20 September 2019), 
paragraph 16(c)(d). 

43 

 
 
 
 
 
 
The  Law  on  higher  education108  does  not  contain  a  special  provision  on  the  principle  of 
non-discrimination.  The  Law  aims  to  provide  equal  opportunities  to  benefit  from  higher 
education (Article 1(c)) on the basis of merit, for all individuals who wish to attend higher 
education studies (Article 2(dh)). The National  Agency for  Higher Education Financing is 
entitled  to  allocate  public  funds  to  support  students  from  social  groups  in  need  through 
bursaries.  

b) 

Trends and patterns regarding Roma pupils  

In Albania, there are no specific  trends or patterns in education regarding Roma pupils, 
such  as  segregation.  However,  sporadic  cases  are  reported  by  NGOs  and  addressed  by 
the Commissioner for Protection from Discrimination and the People’s Advocate. 

The LPD provides for special duties for the Ministry of Education, which has an obligation 
to issue bylaws for the elimination of discrimination in the field of education. Despite the 
fact that the Law on the pre-university education system and its relevant bylaws facilitate 
the  registration  of  Roma  children  in  schools,  even  without  a  birth  certificate,  the  CPD 
found  that  primary  schools  have  hesitated  to  enforce  this  rule.  The  Commissioner  for 
Protection from Discrimination has identified  some cases of schools that have refused to 
admit students belonging to these communities (Roma pupils).109 

Education institutions need to be careful to prevent segregation that may occur because 
a Roma community is located in certain areas, and their children go to the same school. 
In 2013, the Commissioner for Protection from Discrimination conducted an evaluation of 
the  distribution  of  Roma  children  in  the  primary  schools  in  Tirana.  The  commissioner 
found that there was not a tendency to separate or concentrate Roma children in a single 
school,  but  made  a  recommendation  to  the  relevant  institutions  to  pay  particular 
attention to the trend of registration in specific schools in order to prevent segregation.110 

Another  case  was  brought  in  2015  by  two  NGOs,  Qëndistarët  and  the  European  Roma 
Rights Centre (ERRC), which filed a complaint to the CPD. In accordance with a decision 
of  the  Council  of  Ministers,111  the  Naim  Frashëri  school  in  Korça  has  been  offering  food 
and  school  supplies  for  Roma  and  Egyptian  children  since  2012,  with  the  intention  of 
increasing the number of children from these communities attending the school regularly. 
Due to unequal treatment (because they did not receive free meals despite coming from 
families with financial problems), other children gradually moved away to other schools. 
After three years, the school only had Roma and Egyptian children. 

Despite  the  fact  that  the  head  of  the  Naim  Frashëri  school  had  informed  the  Regional 
Directorate of Education about this unwanted effect of the implementation of the decision 
of  the  Council  of  Ministers,  the  Regional  Directorate  did  not  inform  the  Ministry  of 
Education  and  did  not  take  any  measures  to  prevent  the  segregation  of  Roma  and 
Egyptian  pupils.  Moreover,  the  Ministry  of  Education  never  analysed  the  effects  of  the 
implementation of this positive measure, and consequently did not take any measures to 
stop the segregation of Roma and Egyptian pupils. 

On 22 September 2015, the Commissioner for Protection against Discrimination, through 
Decision  No. 145,  found  that  the  situation  (the  segregation  of  Roma/Egyptian  pupils) 
constituted  indirect  discrimination  on  grounds  of  race  and  ethnicity  and  urged  the 

108  Law No. 80/2015 on higher education and scientific research in higher education institutions in the Republic 

of Albania, available at: https://euralius.eu/index.php/en/library/albanian-legislation/send/66-higher-
education/168-law-on-higher-education-en. 

109  Commissioner for Protection from Discrimination (2019), Annual Report 2018, p. 37, available at: 

http://kmd.al/wp-content/uploads/2019/03/RAPORTI-VJETOR-2018.pdf. 

110  Commissioner for Protection from Discrimination (2014), ‘Study on the problem of discrimination against the 

Roma community in Albania’, December 2014, p. 16. 

111  Decisions of the Council of Ministers No. 700/2012, No. 665/2013 and No. 678/2014. 

44 

 
 
 
 
 
 
 
 
 
 
authorities to take measures to end this segregation.112 On 14 April 2017, the Ministry of 
Education  sent  a  letter  to  the  commissioner  and  to  the  complainants,  setting  out  the 
steps to be taken to ensure desegregation of the school. The measures were as follows:  

-  

-  

-  

-  

Reviewing  the  bylaws  for  the  registration  of  pupils  in  the  pre-university  education 
system; 
A review by the Regional Education Directorate, the Municipality of Korça and Roma 
and  Egyptian  community  organisations  of  the  distribution  of  pupils  based  on  the 
nearest residential areas; 
Reorganising  the  process  of  education  through  the  redistribution  of  pupils  in  the 
two schools closer to the community; 
Reviewing  the  decision  of  the  Council  of  Ministers,  extending  support  to  other 
schoolchildren. 

As  the  segregation  of  the  school  persists,  and  the  quality  of  teaching  is  poor,  an 
application has been submitted to the European Court of Human Rights.113 There are two 
questions which the Court has put to all parties: 

-  

-  

Have  the  applicants  exhausted  all  effective  domestic  remedies,  as  required  by 
Article 35(1) of the ECHR? 
Have  the  applicants  suffered  discrimination,  contrary  to  Article  1  of  Protocol  12  to 
the  Convention?  Furthermore,  did  the  authorities  implement  the  desegregation 
measures and reconfigure the school, as proposed in the letter from the Ministry of 
Education of 14 April 2017? 

National  anti-discrimination  law  does  not  provide  for  segregation  as  a  form  of 
discrimination. 

3.2.9  Access  to  and  supply  of  goods  and  services  that  are  available  to  the 

public (Article 3(1)(h) Directive 2000/43) 

In  Albania,  national  legislation  prohibits  discrimination  in  access  to  and  the  supply  of 
goods and services as formulated in the Racial Equality Directive. 

According to Article 20(1):  

‘A natural or legal person who offers goods or services to the public, whether or not 
for payment, is prohibited from discriminating against another person who seeks to 
achieve or use them: 

a) 

b) 

by  refusing  to  give  a  person  or  group  of  persons  goods  or  services  for  the 
causes mentioned in article 1 of this law;  
by  refusing  to  offer  a  person  goods  or  services  in  a  similar  manner,  or  with 
similar  qualities,  or  in  conditions  similar  to  those  in  which  the  goods  or 
services are offered to the public in general.’  

112  Albania ratified to the International Convention on the Elimination of all Forms of Racial Discrimination 

(ICERD) on 11 May 1994, and Article 3 of ICERD is applicable.  
See Committee on the Elimination of Racial Discrimination (2003), Fourth periodic reports of States parties 
due in 2001-Albania, paragraphs 51 and 129-131. 
http://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsgCaATibnswFLs
9akKGp2A%2FfCO4NetpnjPJyiHzAKK8O%2Frn5yl99YTOOf1MKpvKAE5RcZBbYeqDVxznSrcGEf2w%2BVEB9cff
pbEaCGOv2WkVg.  
Albania has been a member of UNESCO since 1958 and ratified the Convention against Discrimination in 
Education on 21 November 1963. 

113  X and Others v. Albania, No. 73548/17, 5 October 2017, 

https://hudoc.echr.coe.int/eng#{%22itemid%22:[%22001-192816%22]}. 

45 

 
 
 
  
 
 
 
 
 
 
 
 
This provision is especially applicable to: the ability to enter into a place where the public 
is permitted to enter or to use a place that is permitted to be used by  the public (Article 
20(2)(a)); the ability to receive or to benefit from goods or services that have to do with 
health  (Article  20(2)(b));  the  contribution  and  possibility  to  benefit  from  goods  from 
social  protection  schemes,  including  social  assistance,  social  insurance,  protection  of 
children,  disability  benefits  or  any  another  scheme  of  social  protection  or  other 
advantage offered to the public (Article 20(2)(c)); the opportunity to use or enter into an 
educational  institution  (Article  20(2)(ç));  systemisation  in  a  place  where  housing  is 
offered (Article 20(2)(d)); the sale or renting of residences and other premises; banking 
services  and  the  opportunity  to  obtain  grants,  loans,  bank  deposits  or  financing  (Article 
20(2)(d), (h) and (e)); facilities for entertainment, relaxation and refreshment; facilities 
for  transport  or  travel  (Article  20(2)(f));  services  of  the  free  professions  (Article 
20(2)(g)). 

On  the  basis  of  Article  20(3),  it  is  prohibited  for  a  natural  or  legal  person  who  offers 
goods and services to the public not to accept or to oppose the realisation of changes or 
accommodations  that  are  necessary  and  appropriate,  which  aim  at  enabling  a  person 
with a disability to benefit from those goods and services, so long as the modifications or 
adjustments  do  not  impose  a  disproportionate  or  unlawful  burden  on  the  person  who 
offers the goods and services. 

According to Article 20(4), refusal also includes  ‘situations when the refusal is based on 
the  grounds  mentioned  in  article  1  of  this  law,  but  other  reasons  are  declared  by  the 
discriminating subject or no reason is declared as a reason for the refusal.’114  
Under  Article  20(6),  the  LPD  provides  that  costs  related  to  pregnancy  and  motherhood 
may  not  be  used  as  a  reason  for  distinctions  in  compensation  or  benefits  for  the 
individual. 

The  Law  on  consumer  protection115  does  not  contains  any  provisions  on  non-
discrimination.  

a)  Distinction between goods and services available publicly or privately 

In  Albania,  national  law  does  not  distinguish  between  goods  and  services  that  are 
available  to  the  public  (e.g.  in  shops,  restaurants,  banks)  and  those  that  are  only 
available privately (e.g. those restricted to members of a private association). 

3.2.10 

Housing (Article 3(1)(h) Directive 2000/43) 

In  Albania,  national  legislation  prohibits  discrimination  in  the  area  of  housing  as 
formulated in the Racial Equality Directive. 

According  to  Article  20(2),  the  provision  that  prohibits  discrimination  of  a  person  by  a 
natural  or  legal  person  who  offers  goods  or  services  to  the  public,  whether  or  not  for 
payment,  is  especially  applicable  to:  the  contribution  and  possibility  to  benefit  from 
goods from social protection schemes, allocation in a place where housing is offered; the 
sale or renting of residences and other premises. 

The Albanian Parliament adopted Law No. 22/2018 on social housing, which is the most 
important act for the implementation of social housing programmes.  

The Law provides for the principle of security of residence, which means: 

- 

stay in a temporary or permanent residence is inviolable; 

114  Article 1 of the LPD on ‘Object’ provides the protected grounds of discrimination. 
115  Law No. 9902/2008 on consumer protection (Për mbrojtjen e konsumatorit).  

46 

 
 
 
 
 
 
 
 
 
 
 
 
 
- 
- 

the eviction of individuals/families from their place of residence is prohibited; 
the  relocation  of  individuals/families  from  their  place  of  residence  is  prohibited, 
except for the cases provided by law (Article 5). 

The Law provides for the principle of non-discrimination based on: gender, race,  colour, 
religion,  ethnicity,  language,  gender  identity,  sexual  orientation,  political,  religious  or 
philosophical  beliefs,  economic,  educational  or  social  status,  pregnancy,  parental 
affiliation  and/or  responsibility,  family  or  marital  status,  health,  genetic  predispositions, 
disability,  belonging  to  a  particular  group,  and  any  condition  that  has  discriminatory 
consequences (Article 10(1)). Article 10 does not explicitly provide for age as a protected 
ground  of  discrimination.  It  provides  an  exception  for  social  housing  programmes  that 
are specifically planned and implemented to assist individuals or groups in need. 

According  to  Article  17(1),  the  local  authority,  in  cooperation  with  the  ministry 
implementing  the  public  investment  and  the  ministry  responsible  for  housing,  exercises 
powers  to  facilitate  the  relocation  of  individuals/families  and  to  provide  adequate 
alternative housing. 

The Law on social housing has expanded and strengthened the support for persons with 
disabilities,  persons  of  the  Roma  and  Egyptian  communities,  persons  of  the  LGBT 
community,  asylum  seekers,  victims  of  domestic  violence,  victims  of  trafficking  and 
potential victims of trafficking, and elderly people who have reached retirement age and 
are  not  selected  to  be  sheltered  in  public  social  care  institutions,  among  others  (Article 
16).116 

However,  before  the  adoption  of  the  new  law,  the  Commissioner  for  Protection  from 
Discrimination and the People’s Advocate dealt with several cases of eviction (as a result 
of  development  projects  on  public  or  private  land),  mostly  of  Roma  families,  who  had 
been established in a particular area for several years. 

a) 

Trends and patterns regarding housing segregation for Roma 

In  Albania,  there  are  patterns  (societal,  rather  than  legal)  of  housing  segregation  and 
discrimination against the Roma. 

Roma  and  Egyptians  live  in  difficult  housing  conditions,  often  lacking  in  sanitation 
facilities, in  separate suburbs, without infrastructure, in  sub-standard flats. People often 
suffer from insecure tenancies: they do not possess documents that prove their right to 
live  in  the  property,  putting  them  at  risk  of  leaving  the  house  and  returning  to  find 
themselves  homeless.  Roma  people  often  do  not  benefit  from  housing  programmes 
because they fail to meet the specified level of income from legitimate sources. Because 
of the type of building, they are often unable to benefit from the legalisation process.117 
The Law on the legalisation, urbanisation and integration of illegal constructions aims to 
legalise  informal  and  illegal  buildings,  transfer  the  ownership  of  a  construction  parcel, 
where  the  illegal  construction  was  built,  and  to  urbanise  areas  and  blocks  of  informal 
constructions.118 

116  See www.parlament.al/ProjektLigje/ProjektLigjeDetails/44781. 
117  Government of Albania (2016), National Action Plan for the Integration of Roma and Egyptian Communities 

2016-2020, approved by the Council of Ministers in Decision No. 1072, dated 23.12.2015. 
http://www.shendetesia.gov.al/wp-
content/uploads/2018/06/Plani_kombetar_i_veprimit_per_integrimin_e_Romeve_dhe_Egjiptianeve_2016-
2020.pdf. 

118  Law No. 9482 on the legalisation, urbanisation and integration of illegal constructions, dated 03.04.2006. 

47 

 
 
 
 
 
 
 
 
 
 
 
 
4 

EXCEPTIONS 

4.1  Genuine and determining occupational requirements (Article 4) 

In  Albania,  national  legislation  provides  for  an  exception  for  genuine  and  determining 
occupational requirements. 

Article 6(2) of the LPD on ‘Justified different treatment’ establishes that:  

‘Different  treatment  that  is  based  on  a  characteristic  related  to  the  causes 
mentioned in article 1  of this law does not constitute discrimination  when because 
of the nature of the professional activities or the conditions in which the profession 
or  activity  is  conducted,  those  characteristics  constitute  an  essential  real  and 
professional requirement, provided that the purpose of the different treatment shall 
be justified and the  requirement shall not exceed that which is essential to realise 
it.’  

The Labour Code, under Article 9(4) provides that:  

‘Differences, restrictions, exclusions or preferences based on a characteristic related 
to  the  grounds  referred  to  in  paragraph  2  of  this  Article  do  not  constitute 
discrimination  when,  because  of  the  nature  of  the  professional  activities  or  the 
conditions  in  which  the  profession  or  activity  is  exercised,  these  characteristics 
constitute  an  indispensable,  genuine  and  professional  requirement,  provided  that 
the  purpose  of  the  different  treatment  is  justified  and  the  requirement  does  not 
overcome what is necessary for its realisation.’  

The  exception  for  genuine  and  determining  occupational  requirements  is  related  to  all 
grounds  protected  by  the  LPD  and  the  Labour  Code,  including  the  grounds  provided  by 
the directives.  

4.2  Employers with an ethos based on religion or belief (Article 4(2) Directive 

2000/78) 

In  Albania,  national  law  does  not  provide  for  an  exception  for  employers  with  an  ethos 
based on religion or belief. According to Article 10(2) of the LPD, an exception regarding 
conscience and religion may be permitted only if a reasonable and objective justification 
exists.  In  this  case  the  exception  should  be  proportionate  to  the  situation  that  has 
dictated  the  need  for  discrimination  and  may  be  imposed  only  by  law,  for  a  public 
interest  or  for  the  protection  of  the  rights  of  others.  It  cannot  violate  the  core  of  the 
rights  and  freedoms  and  in  no  case  may  it  exceed  the  restrictions  provided  in  the 
European Convention for Human Rights. 

A  study  on  the  legislative  framework  on  anti-discrimination  in  Albania,  conducted  in 
2016,  found  that  there  was  no  possibility  for  organisations  with  an  ethos  based  on 
religion  or  belief,  ‘to  establish  specific  requirements  in  line  with  their  ethos  for  their 
employees’.119 

In  Albania,  there  is  no  specific  case  law  relating  to  conflicts  between  the  rights  of 
organisations  with  an  ethos  based  on  religion  or  belief  and  other  rights  to  non-
discrimination in the context of employment.  

119  Vorpsi, A. and Wladasch, K., (2016) ‘The legislative framework on anti-discrimination in Albania’, December 

2016, part of the joint EU/CoE Project entitled ‘Enhancing the effectiveness of the Albanian system of 
human rights protection and anti-discrimination’. 

48 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
4.3  Armed  forces  and  other  specific  occupations  (Article  3(4)  and  Recital  18 

Directive 2000/78) 

In Albania, national legislation does not provide explicitly for an exception for the armed 
forces  in  relation  to  age  or  disability  discrimination.  However  the  Law  on  the  military 
status  of  armed  forces  of  the  Republic  of  Albania  contains  criteria  regarding  the  age  of 
recruitment and physical abilities.120 

Article 4(dh) of the Law states that citizens who are 19-30  years old can be recognised 
as  active  members  of  the  military  in  the  armed  forces.  According  to  Article  4(c)  on 
admission to the armed forces, one of the criteria for admission to the armed forces is ‘to 
possess the necessary health and physical abilities for the service’. 

4.4  Nationality discrimination (Article 3(2)) 

a)  Discrimination on the ground of nationality 

In  Albania,  national  law  does  not  explicitly  include  exceptions  relating  to  difference  of 
treatment based on nationality.  

In  Albania,  nationality  (as  in  citizenship)  is  not  explicitly  mentioned  as  a  protected 
ground in national anti-discrimination law (the LPD).  

The European Commission against Racism and Intolerance has noted  that ‘Citizenship is 
missing in the open-ended list of discrimination grounds in Article 1 LPD. The authorities 
consider that citizenship can be covered by the ground of ethnicity. There is no case law 
on this issue.’121 However, the  Law  on protection from discrimination  is  applicable to all 
persons who live and  stay in the territory  of the Republic  of Albania  and to natural and 
legal  foreign  persons  in  relations  with  the  Albanian  state  institutions  (Article  4(1)  and 
(3)). 

b) 

Relationship between nationality and ‘racial or ethnic origin’ 

Given that most of the  complaints  come from  minorities who are  also Albanian citizens, 
there is no  overlap in case law between discrimination on the ground of nationality and 
ethnicity. 

4.5  Health and safety (Article 7(2) Directive 2000/78) 

In Albania, there are exceptions in relation to disability and health and safety as allowed 
under Article 7(2) of the Employment Equality Directive. 

According  to  Article  90(3)(1)  and  (2)  of  the  Labour  Code,  it  is  forbidden  to  require 
persons with disabilities to perform additional hours of work where there are objectively 
justified  reasons  for  this  related  to  their  degree  of  disability  and  the  nature  of  work  for 
which additional hours are required (Article 90(3)(1) and (2)).  

120  Law No. 9210 on the military status of armed forces of the Republic of Albania, 23.3.2004, amended in 

2009.  

121  European Commission against Racism and Intolerance (2015), ECRI Report on Albania, Fifth monitoring 

cycle, adopted on 19 March 2015, published on 9 June 2015, p 13. 

49 

 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
4.6  Exceptions  related  to  discrimination  on  the  ground  of  age  (Article  6 

Directive 2000/78) 

4.6.1  Direct discrimination 

In Albania, national law does not provide for specific exceptions for direct discrimination 
on the ground of age. 

However, Article 6(1) of the LPD on ‘Justified different treatment’ provides that:  

‘The  prohibition  of  discrimination  described  by  this  law  is  not  applicable  in  cases 
when  there  is  an  objectively  justifiable  purpose  supported  on  the  basis  of  the 
Constitution,  international  acts  or  agreements  ratified  by  the  Republic  of  Albania 
and the legislation in force.’  

Therefore,  national  anti-discrimination  law  permits  objective  justification  for  direct 
discrimination on all protected grounds.  

Article  9(4)  of  Labour  Code  provides  a  general  provision  that  justifies  the  different 
requirements in employment.  

a) 

Justification of direct discrimination on the ground of age 

In  Albania,  national  anti-discrimination  law  (the  LPD)  and  the  Labour  Code  provide  for 
justifications for discrimination on the ground of age.  

According to Article 6(2), the justifications for discrimination on all protected grounds by 
the  LPD  (including  the  ground  of  age)  are  related  to  the  nature  of  the  professional 
activities  or  the  conditions  in  which  the  profession  or  activity  is  conducted,  for  which 
those  characteristics  constitute  an  essential  real  and  professional  requirement.  The 
different treatment shall be justified and the requirement shall not  exceed that which is 
essential  to  realise  it.  There  is  no  case  law  yet  regarding  the  justifications  for 
discrimination on the ground of age.  

b) 

Permitted differences of treatment based on age 

In Albania, national law permits differences of treatment based on age for any activities 
within the material scope of Directive 2000/78. 

Article  78(2)  of  the  Labour  Code  provide  an  exception  based  on  age,  ensuring  the 
protection of employees under 18 years of age, for whom the daily work time must be no 
more  than  6  hours  per  day.  The  Labour  Code  provides  other  exceptions  based  on  age, 
under Article 98 on minimum age and Article 99 on ‘easy jobs’. According to the Labour 
Code,  an  ‘easy  job’  is  a  job,  which  due  to  the  inseparable  nature  of  the  duties  and  the 
special conditions under which it is performed, does not impinge:  the safety, health and 
development of children; the  participation of children in school, in instructive vocational 
or training programmes, or the capacity of the children to benefit from this education. 

c) 

Fixing  of  ages  for  admission  or  entitlement  to  benefits  of  occupational  pension 
schemes 

In Albania, national law allows occupational pension schemes to fix ages for admission to 
the  scheme  or  entitlement  to  benefits,  taking  up  the  possibility  provided  for  by  Article 
6(2) of Directive 2000/78. 

Article 20(7) of the LPD provides that the prohibition of discrimination is not applicable to 
the setting of a particular age for access to social benefits, goods, facilities and services, 

50 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
if reasonable and objective criteria exist for the determination, without infringing the core 
of  the  right  to  benefits  and  when  the  determination  aims  at  achieving  a  lawful  purpose 
for a public interest, or to protect the rights of others, always in a fair proportion to the 
situation that has caused the determination.  

The  Law  on  social  insurance  in  the  Republic  of  Albania  establishes  the  general  pension 
age,  which  is  65  years  for  men  and  60  years  and  10  months  for  women.  At  least  15 
years of pension contributions are required. The pensionable age for women will increase 
every year until it reaches 65 years in 2044. 

4.6.2  Special conditions for young people and older workers  

In Albania, there are special conditions set by law for older and younger workers in order 
to promote their vocational integration. 

Article  78(2)  of  the  Labour  Code,  provides  an  exception  based  on  age,  ensuring  the 
protection of employees under 18 years of age, for whom the daily work time must be no 
more than 6 hours per day. 

The  Labour  Code  provides  other  exceptions  based  on  age  under  Article  98  on  minimum 
age and Article 99 on ‘easy jobs’ (see section 4.7.1.b above). 

According to Article 98 of the Labour Code, the employment of children under 16 years of 
age is prohibited. There is an exception for children from 15 to 16 years of age, who may 
be employed during school vacations,  although only in  ‘easy jobs’. They may undertake 
paid vocational training, according to the rules stipulated by a decision of the Council of 
Ministers.  Children  under  15  years  of  age  or  children  who  are  in  mandatory  full-time 
education  may  be  employed  for  the  purposes  of  cultural  activities  or  similar  activities. 
This article provides that the special provisions of the Labour Code that are enforced for 
employees under 18 years of age  will be enforced for as much as possible for any legal 
relation of the employee who wants employment or a job in whichever type of profession. 

Under Article 99, the Labour Code provides that:  

‘Children  from  16  to  18  years  of  age  may  be  employed  in  easy  jobs,  according  to 
the  stipulations  in  this  article;  The  Council  of  Ministers  defines  the  easy  jobs  and 
sets  specific  rules  for  the  maximum  duration  and  conditions  of  performing  the  job 
for children and for the maximum duration and conditions on performing the job for 
adult employees, over 18 years of age.’ 

Article  100  of  the  Labour  Code  provides  that  only  adults  over  18  years  of  age  may  be 
employed  to  carry  out  ‘difficult  jobs’  or  ‘jobs  that  pose  a  danger  to  their  health  or 
character’.  

The Law on the promotion of employment places an obligation on the relevant authorities 
to draft public employment policies covering employment services and active and passive 
labour  market  programmes  aimed  at  promoting  the  employment  of  jobseekers  and  the 
integration and social inclusion of specific groups. 

4.6.3  Minimum and maximum age requirements 

In Albania, there are exceptions permitting minimum and maximum age requirements in 
relation to access to employment and training. 

The employment of children under 16 years of age is prohibited (Article 98 of the Labour 
Code).  

51 

 
 
 
 
  
  
 
 
 
 
 
 
 
 
 
There are minimum age requirements with regard to a limited circle of positions, such as 
the President, who must be at least 40 years old. 

The Law on social insurance122 establishes the general retirement age, which is 65 years 
for  men  and  60  years  and  10  months  for  women.  At  least  15  years  of  pension 
contributions are required in order to claim a full state pension. 

4.6.4  Retirement  

a) 

State pension age 

In  Albania,  there  is  a  state  pension  age  at  which  individuals  must  begin  to  collect  their 
state  pensions.  The  Law  on  social  insurance  establishes  the  general  retirement  age, 
which is 65 years for men and 60 years and 10 months for women. At least 15 years of 
pension contributions are required in order to claim a full state pension. 

According to the Law on social insurance, if an individual wishes to work beyond the state 
pension age, the pension can be deferred. A person who defers retirement by continuing 
to pay contributions and a person who receives the pension, but interrupts it to go back 
to  work  and  pay  contributions,  will  receive  a  supplement  to  the  pension  at  the  rate  of 
0.5 % for each month of deferment or interruption. 

An individual cannot collect a pension and continue to work in the public sphere. 

A  person  who  has  paid  the  contribution  for  voluntary  insurance,  after  fulfilling  the 
conditions set out in the Law on social insurance, is a beneficiary, of full old-age pension, 
partial old-age pension, reduced old-age pension, or invalidity pension. 

b)  Occupational pension schemes 

In  Albania,  there  is  a  standard  age  (65  years  for  men  and  60  years  and  10  months  for 
women) when people can begin to receive payments from occupational pension schemes 
and other  employer-funded pension arrangements. If an individual wish to  work longer, 
payments from such occupational pension schemes can be deferred. An individual cannot 
collect a pension and continue to work. 

c) 

State imposed mandatory retirement ages 

In  Albania,  in  the  public  sector  there  is  a  general  state-imposed  mandatory  retirement 
age (corresponding to the general pensionable age), although there are some exceptions.  

The Law on social insurance establishes the general retirement age, which is 65 years for 
men and 60 years and 10 months for women (Article 31 in relation to Article 92). 

Academic  staff  may  continue  in  post  until  the  age  of  68  (professors)  or  65  (associate 
professors).  However,  based  on  the  needs  of  the  higher  education  institution  and  with 
the academic’s consent, they may continue to work beyond that age, on contracts with a 
duration of up to one year, which can be repeated, as defined in the statute of the higher 
education institution.123 

In  2010,  the  Council  of  Ministers  adopted  Decision  No.  478,  according  to  which,  public 
administration  bodies  (including  central  institutions,  subordinate  institutions  and  state-
owned  enterprises  and  companies)  should  immediately  terminate  the  employment 

122  Law No. 7703 on social insurance in the Republic of Albania, dated 11.05.1993.  
123  Law No. 80/2015 on higher education and scientific research in higher education institutions in the Republic 

of Albania, Article 65. 

52 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
relationships  of  employees  when  they  meet  the  conditions  required  to  benefit  from  the 
state pension scheme.  

In  Albania,  there  is  no  state-imposed  mandatory  retirement  age  in  the  private  sector. 
Decision  of  the  Council  of  Ministers  No.  478  does  not  apply  to  private  entities  where 
employees  can  receive  their  retirement  pension  and  continue  to  work  by  paying 
compulsory  contributions  (based  on  the  Decision  of  the  Council  of  Ministers  No.  551, 
dated 8 November 1993). 

d) 

Retirement ages imposed by employers 

In  Albania,  national  law  does  not  permit  employers  to  set  retirement  ages  (or  ages  at 
which  the  termination  of  an  employment  contract  is  possible)  by  contract  and/or 
collective bargaining and/or unilaterally.  

e) 

Employment rights applicable to all workers irrespective of age 

The  provisions  of  the  Labour  Code  on  protection  against  dismissal  and  other  laws 
protecting  employment  rights  apply  to  all  workers  irrespective  of  age,  even  if  they 
remain in employment after attaining pensionable age or any other age.  

f) 

Compliance of national law with CJEU case law 

In  Albania,  national  legislation  is  in  line  with  CJEU  case  law  regarding  mandatory 
retirement age.  

4.6.5  Redundancy 

a) 

Age and seniority taken into account for redundancy selection 

In  Albania,  national  law  permits  seniority  to  be  taken  into  account  in  selecting  workers 
for redundancy. If someone has passed the retirement age, his/her dismissal is possible 
without providing reasons.  

b) 

Age taken into account for redundancy compensation 

In  Albania,  national  law  does  provide  for  compensation  for  redundancy.  Such 
compensation  is  not  affected  by  the  age  of  the  worker.  According  to  Article  145  of  the 
Labour Code: 

1.  ‘The  employee  shall  benefit  the  seniority-related  reward,  if  the  employer 
terminates  the  contract,  and  the  labour  relations  have  lasted  not  less  than  three 
years.  The  employee  shall  lose  the  right  to  the  seniority-related  reward,  if  his/her 
dismissal from work is of immediate effect and based on reasonable causes. 
2. The seniority-related compensation equals at least the salary of 15 days of work 
for  each  complete  working  year,  which  is  calculated  on  the  bases  of  the  salary 
existing  at  the  end  of  the  termination  of  Labour  relations.  If  the  salary  is 
changeable, the  reward shall be  calculated on  the average salary of the preceding 
year, and it shall be indexed. 
3. The seniority-related reward shall be added to the reward, which is given in the 
case  of  the  termination  of  contract  for  reasonable  causes,  or  in  the  case  of  the 
termination of contract of immediate effect for no reasonable causes.’ 

53 

 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
4.7  Public  security,  public  order,  criminal  offences,  protection  of  health, 
protection  of  the  rights  and  freedoms  of  others  (Article  2(5),  Directive 
2000/78) 

In  Albania,  national  law  does  not  include  exceptions  that  seek  to  rely  on  Article  2(5)  of 
the Employment Equality Directive. 

4.8  Any other exceptions 

In Albania, other exceptions to the prohibition of discrimination (on any ground) provided 
in national law are listed below.  

The Constitution provides that:  

‘1. Limitations of the  rights and freedoms provided for in this Constitution may be 
established  only  by  law  for  a  public  interest  or  for  the  protection  of  the  rights  of 
others. A limitation shall be in proportion to the situation that has dictated it.  
2. These limitations may not infringe the essence of the rights and freedoms and in 
no  case  may  exceed  the  limitations  provided  for  in  the  European  Convention  on 
Human Rights.’ (Article 17) 

According to Article 20(5) of the LPD:  

‘Distinctions  in  compensation  and  benefits,  established  based  on  grounds 
mentioned  in  article  1  of  this  law,  do  not  constitute  discrimination  when  the 
distinctions are reasonable and in proportion to a risk that is assessed on the basis 
of current and statistical data that can be verified and are closely linked to the risk.’ 

According to Article 20(7) of the LPD: 

‘The prohibition of discrimination is not applicable to the setting of a particular age 
for the possibility of social benefits, goods, facilities and services, if reasonable and 
objective criteria exist for the determination, without infringing the core of the right 
to  benefits  and  when  the  determination  aims  at  achieving  a  lawful  purpose  for  a 
public interest, or to protect the rights of others, always in a fair proportion to the 
situation that has caused the determination.’  

54 

 
 
 
 
 
 
 
 
 
 
 
5 

POSITIVE  ACTION  (Article  5  Directive  2000/43,  Article  7  Directive 
2000/78) 

a) 

Scope for positive action measures 

In Albania, positive action is permitted in national law in respect of an open-ended list of 
grounds, including race, ethnicity, religion or belief, disability, age or sexual orientation. 

The  Law  on  protection  from  discrimination  (LPD),  under  Article  11  on  ‘Positive  actions’, 
provides that:  

‘A particular temporary measure that aims at speeding up the real establishment of 
equality,  when  the  absence  of  equality  has  been  caused  by  discrimination  for  any 
cause mentioned in article 1 of this law, is considered a positive action and does not 
constitute discrimination according to this law. This measure is interrupted as soon 
as  the  objectives  of  the  treatment  and  offering  of  equal  opportunities  have  been 
achieved.’  

In  addition  to  the  general  provision  on  positive  measures,  which  does  not  make  a 
distinction between grounds and fields, the LPD makes specific provisions in employment 
and education. 

The  chapter  of  the  LPD  on  protection  from  discrimination  in  employment  (under  Article 
12(3)) provides that:  

‘The  implementation  of  special  and  temporary  measures,  based  on  the  grounds 
mentioned  in  article  1  of  this  law,  for  the  purpose  of  speeding  up  equality  in  the 
field  of  employment,  is  not  considered  discrimination.  The  implementation  of  such 
measures  can  in  no  case  mean  maintaining  unequal  or  different  standards  in  a 
permanent manner, and the special measures are interrupted when the objective of 
the offering of equal opportunities and treatment is achieved.’  

Article 14 places an obligation on the Council of Ministers, the Minister of Labour, Social 
Issues and Equal Opportunities124 and the Interior Minister to take  positive measures to 
fight  discrimination  in  connection  with  the  right  to  employment  such  as:  raising 
awareness  about  the  law  with  employees  and  employers,  and  establishing  special  and 
temporary policies to encourage equality, on the basis of all the grounds protected by the 
LPD. The provision highlights the particular need to encourage equality between men and 
women and between ‘fully physical able’ persons and those who have a disability. 

The chapter on protection from discrimination in education states: 

‘The  implementation  of  special  and  temporary  measures,  based  on  the  grounds 
mentioned  in  article  1  of  this  law,  for  the  purpose  of  speeding  up  equality  in 
education,  is  not  considered  discrimination.  The  implementation  of  such  measures 
can in no case mean permanently maintaining unequal or different standards, and 
these  measures  are  interrupted  when  the  objective  of  offering  equal  opportunities 
and treatment is achieved.’ (Article 17(4))  

Article  18  places  an  obligation  on  the  Council  of  Ministers  and  the  Minister  of  Education 
and Science to take positive measures to fight discrimination in connection with the right 
to  education.  The  provision  pays  special  attention  to  women  and  girls,  minorities, 
disabled  people  and  other  people  who  come  under  the  protected  grounds.  Article  18 
indicates the measures  that should be implemented, including: raising  awareness about 

124  In the Government formed after the general elections of 2017, the ministry responsible is now the Ministry 

of Health and Social Protection. 

55 

 
 
 
 
 
 
 
 
 
 
 
 
 
the  law;  including  concepts  and  actions  against  models  of  discriminating  behaviour  in 
teaching programmes; educating the entire population, in particular, by taking measures 
in favour of women and girls, minorities, persons with a disability as well as persons who 
are  or  have  more  possibility  of  being  the  object  of  discrimination  for  all  protected 
grounds  under  the  Law;  and  respecting  and  assuring  the  right  to  education  in  the 
languages  of  minorities,  as  well  as  in  appropriate  ways  for  persons  with  a  disability 
(including sign language,125 access to teaching assistants,126 adapted tools etc).  

In  2018,  the  Ministry  of  Education  and  Sports,  in  cooperation  with  civil  society 
organisations  and  in  implementing  the  gender  equality  strategy  2016-2020  and  the 
National Action Plan for LGBTI Persons in the  Republic  of Albania 2016-2020, organised 
awareness-raising activities in Tirana high schools on bullying and discrimination against 
the  LGBTI  community.  Teacher  training  and  information  activities  with  parents,  with 
purpose  of  eliminating  gender  stereotypes  and  discrimination  as  a  result  of  sexual 
orientation,  have  taken  place.  There  have  been  controversies  linked  with  the  campaign 
involving  politicians,  analysts,  representatives  of  religious  communities,  parents  and 
others. 

b)  Quotas in employment for people with disabilities 

In  Albania,  national  law  provides  for  a  quota  for  the  employment  of  people  with 
disabilities. 

The  Law  on  the  promotion  of  employment  obliges  employers  to  employ  one  disabled 
person for their first 25 employees (Article 20(1)(a) and one additional person for each of 
the  next  50  employees  of  the  enterprise.127  An  employer  can  employ  one  person  with 
severe  disability  (its  determination  is  made  by  the  relevant  ministry)  instead  of  five 
persons with ‘easy handicap’ (mild disability). 

This obligation applies to both public and private employers. According to Article 2(6) of 
the  Law,  ‘employers’  are  enterprises  and  persons  who  provide  to  other  persons  paid 
employment, understanding ‘enterprise’ as a legal entity as provided by the Civil Code.128 
Article 24 of the Civil Code defines legal persons as public and private subjects. 

Article  21  of  the  Law  on  the  promotion  of  employment  provides  incentives  for 
encouraging  the  employment  of  persons  with  disabilities  such  as:  the  employer  may 
apply for a subsidy from the relevant employment office to properly equip the workplace 
and  prepare  the  employee  for  the  job;  and  the  salary  of  a  person  with  a  disability  is 
exempted  from  taxes  to  a  certain  extent  determined  by  the  Council  of  Ministers.  An 
employer  who  fails  to  meet  this  obligation  must  pay  the  Social  Employment  Fund  an 
amount  equal  to  the  minimum  monthly  wage  for  every  person  that  they  should  have 
employed (Article 20(2)). This income is used for the employment, self-employment, job 
rehabilitation, vocational training and rehabilitation of persons with disability, for careers 
guidance  and  counselling,  support  services,  work  placements  and  social  reintegration 
programmes,  and  to  promote  the  employment  of  family  members  of  persons  with 
disabilities. (Article 21(4)). 

Through  a  legal  recommendation129  for  the  draft  law  on  the  promotion  of  employment, 
the  CPD  considered  the  measures  proposed  by  the  bill  to  be  ineffective  because  of  the 

125  Decision of the Council of Ministers No. 837, on the recognition of sign language, dated 3.12.2014 
126  Law No. 69/2012 on the pre-university education system, Article 65. 
127  Law No. 15/2019 on the promotion of employment. 
128  Law No. 7850, the Civil Code, dated 29.7.1994, amended in 1999, 2001, 2012 and 2013. 
129  The Commissioner for Protection from Discrimination has the competence to make recommendations to the 
competent authorities, especially by supporting new legislation or the amendment or reform of existing 
legislation. 

56 

 
 
 
 
 
 
 
 
 
proposal  to  double  the  total  number  of  employees  that  an  employer  must  have  before 
being obliged to employ a person with a disability. 

According to Article 22 on penalties, an employer who violates the provisions of the law 
shall be fined by the state inspectorate covering the field of work, in accordance with the 
provisions  of  the  applicable  labour  inspection  legislation.  The  State  Labour  Inspectorate 
has the right to monitor the employment of persons with disabilities.130 During 2018, the 
State  Labour  Inspectorate  carried  out  inspections  of  27 296  job  positions  in  private 
entities,  where  it  found  234  disabled  workers,  of  whom  32 %  were  women.131  It  is 
evident  that  the  number  of  employed  persons  with  disability  is  very  low  and  is  not  in 
compliance with the quota provided by the law.  

Decision of the Council of Ministers No. 243 on admission, parallel movement, probation 
period  and  appointment  in  the  executive  category,  provides  for  the  criteria  for  ranking 
candidates for the civil service who have equal points, by giving priority to any candidate 
included in the category of persons with disability.132 

130  Law No. 9634 on labour inspection, dated 30.10.2006. 
131  State Labour Inspectorate (2019), Annual Report 2018, p. 8. http://inspektoriatipunes.gov.al/wp-

content/uploads/2019/01/Raport-vjetor-2018-ISHPSHSH-update.pdf. 

132  Decision of the Council of Ministers No. 243, on admission, parallel movement, probation period and 

appointment in the executive category, dated 18.03.2015, amended by Decision No. 746 of 19.12.2018.  

57 

 
 
 
 
 
 
 
6 

REMEDIES AND ENFORCEMENT  

6.1  Judicial  and/or  administrative  procedures  (Article  7  Directive  2000/43, 

Article 9 Directive 2000/78) 

a) 

Available procedures for enforcing the principle of equal treatment 

In Albania, the following procedures exist for enforcing the principle of equal treatment.  

The administrative procedure 

According  to  the  LPD,  the  administrative  procedure  can  be  followed  before  the 
Commissioner  for  Protection  from  Discrimination.  It  should  be  noted  that  the  right  of 
subjects  to  be  protected  from  discriminatory  behaviour  by  the  law  is  not  limited  to  the 
Office of the Commissioner.  

The law provides obligations for employers and heads of educational institutions not only 
to  examine  complaints,  but  also  to  take  disciplinary  measures  for  the  protection  of 
employees  from  discrimination  and  victimisation,  within  one  month  of  receiving  the 
complaint  or  having  knowledge  of  the  behaviour.  In  the  field  of  employment,  the  LPD 
does  not  limit  the  right  to  complain  to  special  institutions  created  in  various  sectors  of 
employment,  as  provided  by  Article  15(1).  For  example,  the  State  Labour  Inspectorate 
ensures the implementation of labour law (including the Labour Code, which provides for 
the  principle  of  non-discrimination),  protecting  the  employee  in  the  exercise  of  their 
profession.133 

The procedure before the CPD is free of charge. The CPD  can deal with complaints from 
one person, groups of people and NGOs (Article 32(1)(a) and (b)). The Law on protection 
from discrimination (LPD) does not expressly recognise the right of the commissioner to 
initiate  an  investigation,  but  Article  32(1)(c)  provides  the  commissioner  with  the 
responsibility  for  conducting  administrative  investigations  after  receiving  reliable 
information on a violation of the LPD. The Office of the Commissioner may initiate an ex 
officio investigation based on the information that comes from civil society organisations 
and  the  media.  When  appropriate,  the  CPD  seeks  to  reach  a  conciliation  agreement 
between  the  complainant  and  the  person  against  whom  the  complaint  was  submitted. 
The  CPD  takes  a  decision  which  is  made  known  to  the  parties  within  90  days  from  the 
date  of receipt  of the complaint or, if a public  hearing  session has been held,  within 90 
days from the day of the session. The LPD does not place a legal obligation on the CPD to 
publish the decisions. However, CPD publishes them on its official website (www.kmd.al) 
in accordance with the Law on the right to information and the transparency programme, 
protecting the personal data of the subjects. The CPD not only makes recommendations 
but also has the power to impose sanctions. However, the law is not repressive, because 
it  provides  some  opportunities  to  avoid  sanctions  where  the  discriminator  ends  the 
discrimination  promptly  of  their  own  volition  (spontaneous  restoration  of  the  violated 
right). 

There  are  similar  proceedings  before  the  CPD  for  employment  in  the  public  and  private 
sectors. 

The  People’s  Advocate  (ombudsman)  safeguards  the  rights,  freedoms  and  lawful 
interests  of  individuals  from  unlawful  and  improper  actions  or  failures  to  act  by  public 
administration  bodies,  as  well  as  third  parties  acting  on  their  behalf.  He  has  a  duty  to 
promote the highest standards of human rights and freedoms in the country.134 Article 16 

133  Law No. 9634 on labour inspection, dated 30.10.2006, Articles 1, 2(3) and 6. 
134  Law No. 8454 on the People’s Advocate, dated 04.02.1999, supplemented by Law No. 8600, dated 

10.04.2000, amended by Law No. 9398, dated 12.05.2005, added to and amended by Law No. 155/2014, 
dated 27.11.2014. 

58 

 
 
 
 
 
 
 
 
 
 
 
of the  Law  on the People’s Advocate  provides  that  all services  rendered by the People’s 
Advocate  with  reference  to  complaints,  requests  or  notifications  are  free  of  charge.  The 
People’s Advocate, upon finding or suspecting that a right has been violated, will initiate 
an  investigation  of  the  case,  following  a  complaint  or  request  by  the  interested  or 
affected  person,  or  on  his  own  initiative  if  the  particular  case  is  in  the  public  domain 
(Article  13).  Upon  conclusion  of  an  investigation,  the  People’s  Advocate  makes 
recommendations  on  how  to  remedy  such  infringements  and  where  serious  violations 
have occurred, can suggest that the relevant authorities, including the Assembly, dismiss 
officials under their jurisdiction (Article 21). 

National  law  does  not  regulate  the  relations  between  the  procedures  in  front  of  the 
People’s  Advocate  and  the  CPD,  in  cases  of  overlap.  This  issue  has  been  resolved  by  a 
memorandum  of  understanding  between  the  two  institutions  The  object  of  this 
agreement  is  the  formalising  of  the  relationship  between  the  CPD  and  the  People’s 
Advocate for providing mutual assistance in facilitating the exchange of information and 
cooperation  between  the  two  institutions,  in  the  context  of  guaranteeing  human  rights 
and freedoms, particularly in the field  of non-discrimination and equality before the law, 
and promotion of the rights, freedoms and legitimate interests of individuals. In practice, 
this agreement is implemented not only in the context of coordinating joint initiatives but 
also by forwarding individuals complaints to the appropriate institution. 

Civil procedures 

LPD - Under Article 34(1), civil proceedings can be initiated before ordinary courts. It is 
worth noting that this right is not subject to the obligation to exhaust the administrative 
appeal to the commissioner (Article 34(2)) nor the obligation to notify the commissioner 
before submitting a lawsuit for discrimination in court (Article 36(2)). The Law sets out a 
mutual  relationship  between  the  court  and  the  commissioner,  anticipating  the  court’s 
obligation  to  notify  the  commissioner  of  the  submission  of  every  lawsuit  concerning 
discrimination  (Article  36(3)).  However,  it  recognises  that  the  court  may  require  the 
commissioner, at any stage of the proceedings, to submit a written opinion, the results of 
his  investigation  –  if  the  investigation  is  carried  out  –  or  any  other  information  that  is 
important  for  the  case  (Article  36(4)).  The  claimant  must  present  the  arguments  on 
which  the  court  can  presume  discrimination  (Article  36(5)),  but  this  provision  is 
accompanied by an obligation on the defendant to prove that the facts presented do not 
constitute discrimination (Article 36(6)). 

Civil Procedure Code – According to Article 12, if proceedings are brought before a court, 
no  proceedings  can  be  brought  before  another  institution.  The  Code  does  not  say  what 
one  does  if  proceedings  are  brought  before  the  CPD  and  further  proceedings  are 
commenced before a court before the proceedings before the CPD have ended. 

There are different procedures for employment in the public and private sectors. 

Labour Code – Courts are the competent authority to resolve disputes in labour relations 
in  cases  of  immediate  termination  of  employment  contracts,  with  or  without  justified 
reasons  (Articles  153(4)  and  155(4)).  Courts  also  have  the  authority  to  settle  any 
individual  or  collective  dispute  concerning  the  implementation  of  collective  contracts 
(Article  172).  In  addition,  the  Labour  Code  recognises  the  right  of  any  organisation  of 
employees  to  approach  the  court  for  the  protection  of  the  interests  of  each  of  its 
members,  as  provided  for  by  collective  and  individual  contracts  of  employment  (Article 
182). 

According  to  Article  9(9),  when  a  person  claims  to  have  been  violated  by  the  non-
application of the principle of equal treatment in the exercise of the right to employment 
and profession, the appeal procedure shall be as defined in the special law on protection 
against discrimination (implying LPD).   

59 

 
 
 
  
 
 
 
 
The termination of a contract by the employer shall be considered to have no reasonable 
causes if, inter alia, it violates the prohibition of discrimination set out in the Labour Code 
and the LPD (Article 146(1)(c)). This process shall be invalid, and the employer shall be 
obliged  to  pay  the  employee  damages  totalling  up  to  one  year’s  salary,  to  be  added  to 
the salary he/she shall receive during the notice period.  

In  the  public  administration,  where  there  is  an  irrevocable  court  decision  on  a  person 
returning to the same workplace, the employer is obliged to execute this decision (Article 
146(3)). 

The Law on the administrative courts and the adjudication of administrative disputes.135 - 
Article 7(ç) stipulates that administrative courts are competent to resolve disputes in the 
labour  relations  of  civil  servants,  judicial  civil  servants,  civil  servants  of  prosecution 
offices, and state servants whose labour relations are governed by special arrangements 
under the organic law.  
This  article  provides  an  exception  for  public  administration  employees  at  courts  or 
prosecution offices, whose labour relations are regulated by the Labour Code. 

Mediation 

The  Law  on  mediation  in  dispute  resolution136  –  Mediation  can  be  used  to  resolve  all 
disputes  in  civil,  commercial,  labour  and  family  law,  disputes  concerning  intellectual 
property  and  consumer  rights,  and  disputes  between  public  administrative  bodies  and 
private  subjects.  Mediation  can  also  be  used  in  criminal  cases,  in  disputes  examined  by 
the  court  at  the  request  of  the  accusing  victim,  or  upon  a  complaint  by  the  injured 
party,137  and  it  can  also  be  used  in  any  other  cases  as  allowed  by  special  legislation 
(Article 2(2) and (3)). The process of mediation should be based on the will of the parties 
and  arranged  in  accordance  with  the  following  principles:  equality  of  the  parties,  the 
confidentiality  of  information,  a  prohibition  against  using  the  data,  respect  for  flexibility 
and transparency of the proceedings (Articles 3(1) and 20). The process is conducted by 
the  mediator,  which  acts  as  a  natural  or  legal  person,  following  registration  in  the 
Register of Mediators, in accordance with the Law (Article 4(1)). When the parties agree 
on  an  acceptable  resolution  of  the  dispute,  together  with  the  mediator,  they  sign  an 
agreement,  which  shall  be  binding  and  enforceable  in  the  same  way  as  arbitration 
decisions (Article 22(1)). 

Criminal procedures 

The  LPD  grants  victims  a  right  to  make  a  criminal  denunciation  before  the  criminal 
prosecution  authorities  (if  the  discriminatory  behaviour  constitutes  a  criminal  offence) 
(Article 34(1)). 

The Criminal Code contains the following provisions: 

- 

- 

Article  50(j)  includes  ‘the  commission  of  the  offence  due  to  motives  related  to 
gender,  race,  colour,  ethnicity,  language,  gender  identity,  sexual  orientation, 
political, religious or philosophical convictions, health status, genetic predispositions 
or disability’ as aggravating circumstances. 
Article  74,  on  crimes  against  humanity,  provides  that  certain  actions  (including 
murder,  enforced  disappearance,  extermination,  enslavement, 
internment, 
expulsion  or  any  other  kind  of  human  torture  or  violence)  committed  against  a 
group  of  the  civil  population  for  political,  ideological,  racial,  ethnic  or  religious 
motives, constitute a criminal offence.  

135  Law No. 49/2012, as amended, on the administrative courts and the adjudication of administrative disputes. 
136  Law No. 10 385/2011, as amended, on mediation in dispute resolution. 
137  In criminal cases, mediation should be used in accordance with the Code of Criminal Procedure, Articles 59 

(The accusing victim) and 284 (The criminal complaint). 

60 

 
 
 
 
 
 
 
 
 
 
- 

- 

- 

- 

- 

- 

- 

Article  84(a)  establishes  that  any  serious  threat  of  murder  or  to  cause  serious 
injury  to  a  person  through  computer  systems  due  to  their  ethnicity,  nationality, 
race or religion constitutes a criminal offence. 
Article  119(a)  sets  out  that  the  public  offering  or  deliberate  distribution  to  the 
public,  through  computer  systems,  of  materials  of  racist  or  xenophobic  content 
constitutes a criminal offence. 
Article  119(b)  states  that  intentionally  and  publicly  insulting  a  person  because  of 
their ethnicity, nationality, race or religion through a computer system constitutes a 
criminal offence. 
Article  133,  on  obstructing  religious  ceremonies,  states  that  banning  religious 
ceremonies  or  creating  obstacles  hindering  persons  from  participating  in  such 
ceremonies  or 
religious  beliefs  constitutes  a  criminal 
misdemeanour. 
Article 253, on violation of the equality of citizens, provides that unequal treatment 
by the state or by a public service employee based on grounds of origin, sex, health 
status  or  religious,  political  or  trade  union  activity  or  because  of  belonging  to  a 
particular ethnicity, nation, race or religion by creating unfair privileges or refusing 
a right or benefit deriving from the law constitutes a criminal offence. 
Article 265 prohibits the encouragement of hatred and contention because of race, 
ethnicity, religion or sexual orientation, as well as the preparation, dissemination or 
preservation of such content written using any means or in whatever form. 
Article 266, on ‘calls for national hatred’, prohibits the endangering of public peace 
by  inciting  hatred  against  parts  of  the  population,  insulting  or  defaming  them,  or 
calling for the use of violence or arbitrary actions against them. 

freely  expressing 

b) 

Barriers and other deterrents faced by litigants seeking redress 

Since its establishment in 2010, the Commissioner for Protection from Discrimination has 
had a central office to receive complaints, but also to carry out all its functions. Although 
the body offers several ways of making a complaint (by email, online, by mail), citizens 
(who,  in  many  cases  have  significant  economic  and  social  problems)  sometimes  have 
found  difficulties  to  realise  the  right  to  complain.  For  this  reason,  every  year  the 
commissioner  holds  community  open  days.  Through  a  project  implemented  by  the 
Council  of  Europe  and  funded  by  the  European  Union,138  there  are  now  three  regional 
offices, which have become part of the institution's structure, following changes made by 
the Albanian Parliament.139 

For some years, the  CPD  has been identifying several issues in relation to  the length of 
court proceedings: complainants are subject to administrative taxes, they must engage a 
lawyer and proceedings can take a long time.140 

Law  No.  111/2017  on  legal  aid  guaranteed  by  the  state  contains  measures  to  address 
one of these issues. The victims of discriminatory behaviour (based on the decision of the 
relevant body, according to the legislation in force  for protection against discrimination) 
are  excused  from  paying  court  fees  and  from  prepaying  the  fee  for  secondary  legal 
assistance  (Article  25).  During  2019,  the  Ministry  of  Justice  approved  application  forms 
for legal aid, for exclusion from payment of tariffs and legal expenses, for self-declaration 
by  special  categories  of  beneficiaries,  and  for  appealing  against  the  court’s  decision  to 
reject a request for secondary legal aid. 

138  The CoP and EU project: Enhancing the effectiveness of the Albanian system of human rights protection and 

anti-discrimination. 

139  Decision of the Assembly of the Republic of Albania No. 60/2018. 
140  In a case in which the Commissioner for Protection from Discrimination found discrimination in September 
2014 (Decision No. 146), Kruja District Court took until April 2018 to deliver its ruling (Decision No. 152), 
ordering the respondent to pay compensation to the claimant for the non-material damages incurred, to a 
total value of EUR 48 370 (ALL 6 046 326).  

61 

 
 
 
 
 
 
 
According  to  a  report  on  the  monitoring  of  the  implementation  of  Law  No.  111/2017, 
published in November 2019,141 citizens still did not have sufficient knowledge of the new 
legislation  on  free  legal  aid  guaranteed  by  the  state,  and  they  did  not  have  copies  of 
forms  or  requests  to  seek  primary  legal  aid  from  the  responsible  bodies.  Of  the  451 
citizens  interviewed,  64 %  were  beneficiaries  of  the  Law  on  legal  aid.142  However,  the 
report  does  not  give  any  data  about  the  number  of  people  who  were  interviewed  who 
were victims of discriminatory behaviour.143 

The  CPD  has  identified  several  issues  for  attention,  including:  recognition  and 
enforcement  of  the  legal  obligation  for  judges  to  notify  the  CPD  on  issues  subject  to 
discrimination;  in  the  process  of  drafting  the  lawsuit,  the  lawyer  should  decide  on  the 
application for ascertainment of discrimination; in cases where, despite being not directly 
required in the petition, the whole process is invested in the  issue of discrimination, the 
judge should include the commissioner as a third party to the judicial process.144  

c) 

Number of discrimination cases brought to justice 

In  Albania,  statistics  on  the  number  of  cases  related  to  discrimination  that  have  been 
brought  to  justice,  based  on  figures  in  the  Statistical  Yearbook,  are  published  by  the 
Ministry  of  Justice  and  in  the  annual  report  of  the  Commissioner  for  Protection  from 
Discrimination.  

Referring to the Statistical Yearbook 2018,145 no data are provided regarding the civil and 
administrative cases related to discrimination that have been handled by the courts. The 
same data source confirms, however, that there have been no court decisions on criminal 
cases that constitute discriminatory conduct in categories such as: dissemination of racist 
or  xenophobic  materials  through  computer  systems  (Article  119(a));  insulting  persons 
due  to  racist  or  xenophobic  motives  through  computer  systems  (Article  119(b)); 
obstructing  religious  ceremonies  (Article  133);  violating  the  equality  of  citizens  (Article 
253); or incitement of hatred or disputes (Article 265).146 

d) 

Registration of discrimination cases by national courts 

In  Albania,  discrimination  cases  (civil  and  administrative  cases)  are  not  registered  as 
such by national courts. The CPD publishes the above statistics within its annual report.  

6.2  Legal  standing  and  associations  (Article  7(2)  Directive  2000/43,  Article 

9(2) Directive 2000/78) 

a) 

Engaging in proceedings on behalf of victims of discrimination (representing them) 

In  Albania,  associations/organisations/trade  unions  are  entitled  to  act  on  behalf  of 
victims of discrimination. 
Article  32(1)(b)  of  the  LPD  empowers  the  commissioner  ‘to  examine  complaints  from 
organisations  that  have  a  legitimate  interest  to  act  on  behalf  of  and  with  the  written 

141  Albanian Helsinki Committee and the Open Society Foundation for Albania (2019), Monitoring the 

implementation of the law on legal aid guaranteed by the state, in the context of providing primary legal 
aid. 

142  These were persons with low or insufficient income and persons included in the special category of 

beneficiaries, regardless of income or wealth. 

143  Albanian Helsinki Committee and the Open Society Foundation for Albania (2019), Monitoring the 

implementation of the law on legal aid guaranteed by the state, in the context of providing primary legal 
aid, pp. 15-16. 

144  Commissioner for Protection from Discrimination (2014), Annual Report 2015, pp. 72-73. http://kmd.al/wp-

content/uploads/2019/03/Raport-Vjetor-2015.pdf. 

145  The Statistical Yearbook 2019 has not been published yet. 
146  See http://drejtesia.gov.al/wp-content/uploads/2019/07/Vjetari-Statistikor-2018-PDF.pdf. 

62 

 
 
 
 
 
 
 
 
 
 
 
consent  of  the  individuals  or  groups  of  individuals  who  claim  that  discrimination  has 
occurred.’  

The  Law  defines  that  organisations  with  a  legitimate  interest  as  ‘those  organisations, 
which are registered in the Republic of Albania and the declared object of their activity is 
the  protection  of  human  rights,  or  to  provide  assistance  to  victims  of  discrimination’ 
(Article 3(9)). 

The LPD regulates in detail the legal status of NGOs in the complaints review process: 

‘A person or group of persons who claim that they have been discriminated against, 
or  an  organisation  with  legitimate  interests  that  claims  discrimination  in  the  name 
of  a  person  or  group  of  persons,  may  submit  a  complaint  together  with  available 
evidence  to  the  commissioner,  in  writing  or  in  exceptional  cases  orally,  so  that 
minutes can be taken’ (Article 33(1)). 

The LPD differentiates between the representation of victims of discrimination before the 
commissioner  and  before  the  courts.  Under  Article  34(3),  which  stipulates  entities  that 
have the right to submit a claim for discrimination, the Law provides that:  

‘An organisation with a legitimate interest or the commissioner may file a lawsuit on 
behalf  of  a  person  or  group  of  persons,  provided  that  the  commissioner  or  the 
organisation shall have the consent by a special power of attorney or declaration 
before  the  court  of  person  or  group  of  persons  affected  by  discrimination’ 
(emphasis added).  

The Albanian Helsinki Committee provided court representation to residents who required 
the  responsible  authorities  to  supply  drinking  water  to  their  neighbourhood.  The  court 
found discrimination in June 2018 and decided to compensate the residents.147 

However,  according  to  Article  33(2)  of  the  LPD,  during  the  administrative  proceeding 
before the CPD, the right of organisations with a legitimate interest is conditional on the 
obligation  to  present  a  special  power  of  attorney  to  represent  the  person  or  group  of 
persons (a declaration is not given as an option). This has financial consequences for the 
complainant and violates his or her right to be represented by a CSO.  

Considering  the  necessity  and  obligation  to  achieve  effective  protection  against 
discriminatory  behaviour,  and  bearing  in  mind  that  in  most  cases  the  complainants 
belong  to  the  most  vulnerable  groups  in  society,  representation  of  the  complainant 
before  the  commissioner  should  be  subject  to  the  same  legal  provision  as  for  cases 
before the courts.148  

b) 

Engaging  in  proceedings  in  support  of  victims  of  discrimination  (joining  existing 
proceedings) 

In  Albania,  it  is  unclear  whether  associations  and  organisations  are  entitled  to  act  in 
support  of  victims  of  discrimination,  as  the  law  is  silent  in  this  regard.  However,  trade 
unions  are  entitled  to  act  in  support  of  their  members,  according  to  Article  182  of  the 
Labour  Code.149  Furthermore,  the  Commissioner  for  Protection  against  Discrimination  is 

147  See https://ahc.org.al/jepet-vendimi-i-pare-gjyqesor-ne-shqiperi-per-mungesen-e-ujit-te-pijshem-per-

banoret-e-fshatit-visoke/. 

148  Baraku, I. (2012) ‘The anti-discrimination legal framework and the mechanisms that guarantee effective 
protection from the discriminatory behaviours’, presentation at International Conference Towards future 
sustainable development, University of Shkodra, 16-17 November 2012. 

149  According to Article 182 of Labour Code ‘Any organisation of employees, which is recognised as a legal 
entity may approach the court for the protection of the interests of each of its members, to achieve the 
application from the employer of the legal provisions, collective and individual contracts of employment.’ 

63 

 
 
 
 
 
 
 
 
 
 
 
 
usually requested by courts to attend the entire court proceedings as an interested party 
to the trial. 

c) 

Actio popularis  

In  Albania,  national  law  partly  allows  organisations  or  trade  unions  to  act  in  the  public 
interest  on  their  own  behalf,  without  a  specific  victim  to  support  or  represent  (actio 
popularis).  

According to Article 90 of the Civil Procedure Code,150 no one may represent the rights of 
others in a civil trial, unless otherwise provided by the law.  

Actio popularis is accepted before the administrative courts. According to the Law on the 
organisation  and  functioning  of  the  administrative  courts  and  the  adjudication  of 
administrative disputes,151 the right to bring a lawsuit is recognised for any association or 
interest  group  that  claims  a  lawful  public  interest  has  been  infringed  by  a  normative  or 
administrative act, if such a right is recognised by law (Article 15). This is not expressly 
provided  under  the  LPD,  but  the  Commissioner  for  Protection  from  Discrimination  has 
established good practice. Article 32(3) of the LPD provides that ‘for the examination of 
complaints addressed to him, the  commissioner applies the norms provided in the Code 
of  Administrative  Procedures,152  except  for  the  procedures  that  are  provided  for  by  this 
law’, which allows for the possibility of the CPD accepting actio popularis claims. 

d) 

Class action 

In  Albania,  national  law  allows  associations/organisations/trade  unions  to  act  in  the 
interest of more than one individual victim (class action) for claims arising from the same 
event.  

Article  32(1)(b)  of  the  LPD  gives  the  commissioner  the  power  to  examine  complaints 
from organisations that have a legitimate interest to act in the name and with the written 
consent  of  individuals  or  groups  of  individuals  who  claim  that  discrimination  has 
occurred. As mentioned above, the organisation has a duty to engage a special power of 
attorney to represent a person or group of persons.  

During court proceedings, a person or group of persons affected by discrimination can be 
represented by an organisation, giving their consent through a special power of attorney 
or a declaration before the court (Article 34(3)). 

Organisations have no obligation to go through the commissioner for class actions. 

6.3  Burden of proof (Article 8 Directive 2000/43, Article 10 Directive 2000/78) 

In  Albania,  national  law  requires  a  partial  shift  of  the  burden  of  proof  from  the 
complainant to the respondent.  

The Law on protection from discrimination does not fully explain the concept of burden of 
proof  in  the  administrative  investigation  procedure  followed  by  the  commissioner. 
Referring  to  the  right  of  subjects  to  appeal  before  the  commissioner,  the  Law  has 

150  Law No. 8116/1996, as amended – the Civil Procedure Code (Kodi i Procedurave Civile), 

https://euralius.eu/index.php/en/library/albanian-legislation/send/51-civil-procedure/257-civil-procedure-
code-en. 

151  Law No. 49/2012 on the organisation and functioning of the administrative courts and the adjudication of 

administrative disputes. 

152  According to the Code of Administrative Procedure, ‘A party to the administrative procedure are also the 

holders of public interests authorized by law, as well as holders of collective interests or of broad interests of 
the public, in case these interests might be affected by the outcome of the administrative procedure.’ 
(Article 33(2)) 

64 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
determined that the applicant ‘may submit a complaint with the available evidence to the 
commissioner’ (Article 33(1)). 

The  Code  of  Administrative  Procedure,153  despite  the  obligation  on  the  public  body  to 
make available the proofs to the parties and the right of the parties to seek them (Article 
82(1)(3)(4)),  explicitly  provides  for  the  reversal  of  the  burden  of  proof  in  matters  of 
discrimination.154 According to Article 82(2):  

‘In  cases  where  the  party  presents  evidence  on  which  it  bases  claims  for 
discrimination,  and  based  on  which  it  may  be  presumed  that  there  was 
discrimination,  the  other  party  and/or  the  public  organ  shall  be  obliged  to  prove 
that  the  facts  do  not  constitute  discrimination,  regardless  of  the  duty  of  the 
administration  to  make  available  to  the  parties  the  evidence  under  its  possession. 
The  public  body  should  be  guided  by  the  principle  of  equality  and  anti-
discrimination for grounds provided by law.’ 

In court proceedings, the Law on protection from discrimination  (LPD) provides that the 
claimant  ‘has  the  obligation  to  provide  evidence  to  support  the  claim,  using  any 
legitimate  evidence  that  can  prove  discriminatory  behaviour.’  Once  the  claimant  has 
presented  evidence  for  their  claim  on  the  basis  of  which  the  court  may  presume 
discriminatory  conduct,  the  defendant  must  prove  that  the  facts  did  not  constitute 
discrimination under the law (Article 36(5) and (6)). 

The  Albanian  Constitutional  Court,  in  decision  33/2007  came  to  an  interesting 
interpretation in a case with the object of repealing as unconstitutional Articles 141, 143, 
144  and  146(1)  of  the  Labour  Code:  the  Court  applied  ‘the  reversal  of  the  burden  of 
proof in issues of discrimination’. This decision of the Albanian Constitutional Court  later 
served  as  a  basis  for  the  primary  courts  to  reverse  the  burden  of  proof  in  cases  of 
discrimination  related  to  labour  relations  and  in  other  cases  of  discrimination.  With  the 
enforcement of the Law on the administrative courts, the question of the burden of proof 
was further solved in dispositions regarding the principles of administrative adjudication. 
In  an  administrative  conflict  in  court,  the  burden  of  proof  falls  on  the  public 
administration  authority.  This  procedural  principle  is  defined  in  the  third  paragraph  of 
Article 3 of the Law on the administrative courts: ‘The public administration, as a rule has 
the  obligation  to  prove  the  merits  in  law  and  in  fact  of  the  activities  committed  by  its 
bodies.’155 

The United Chambers of the Supreme Court have argued that the law protects employees 
regarding  the  burden  of  proof  in  substantial  court  claims  concerning  the  employment 
contract, only in cases provided for in Article 146(1), on abusive cases of termination of 
the contract by the employer. Claiming the  existence  of one (or more) of  causes  of the 
abuse  will  always  come  from  the  employee,  who  must,  prima  facie,  prove  that  the 
termination of the contract was made without reasonable cause. Naturally, the employer 
must  prove  the  contrary  and  that  there  was  another  reason  for  the  termination  of  the 
contract.156  

During  court  proceedings,  in  cases  of  discrimination  in  employment,  if  the  claimant 
makes a prima facie case, it is clear that the burden of proof shifts to the defendant. 

153  Code of Administrative Procedure, Law No. 44/2015, approved by the Assembly of the Republic of Albania 

on 30.04.2015 and entered into force on 28.05.2016. 

154  Sigma (2018), Commentary on the Code of Administrative Procedure of the Republic of Albania, pp. 61-62; 
372-374. Sigma is a joint initiative of the OECD and the EU, which supported the drafting of the Code of 
Administrative Procedure (Ministry of Justice and the Parliamentary Commission on Legal Affairs, Public 
Administration and Human Rights). 

155  Hoxhaj, E. and Baraku, I. (2014) ‘The burden of proof in the administrative process in Albania’, European 

Scientific Journal, Vol.10, No. 10, 2014. 

156  United Chambers of the Supreme Court, unifying Decision No. 19, dated 15.11.2007. 

65 

 
 
 
 
 
 
 
 
 
The amendments to Labour Code (made in 2015) provide that:  

‘In all the  complaints procedures,  followed according to paragraph 9  of this article 
[on prohibition of discrimination], if the complainant or plaintiff presents facts from 
which  it  may  be  presumed  that  [he/she]  has  been  discriminated  against  in  the 
exercise of the right to employment and occupation, the person against whom the 
complaint  or  the  defendant  is  obligated  to  prove  that  the  principle  of  equal 
treatment is not infringed.’ (Article 9(10))  

Given  that  the  Code  of  Administrative  Procedure  and  the  recent  amendments  to  the 
Labour Code have already adjusted the distribution of  the burden of proof in  relation  to 
discrimination  issues  in  the  public  sector  and  private  sector  (regarding  employment),  in 
2014 the CPD  made a  recommendation for amendments to the  Civil Procedure Code  on 
the shifting of the burden of proof for discrimination cases. The recommendation was not 
taken  into  consideration  in  the  amendments  made  to  the  Civil  Procedure  Code  by  Law 
No. 38/2017.157 The proposal relied  on the argument for the need to extend the shift of 
the burden of proof in the private sector, regarding cases of discrimination in  goods and 
services.158  

6.4  Victimisation (Article 9 Directive 2000/43, Article 11 Directive 2000/78) 

In Albania, there are legal measures of protection against victimisation. 

The  Law  on  protection  from  discrimination  (LPD)  states  that  victimisation  is  a  form  of 
discrimination under Article 3(8) and defines ‘victimisation’ as ‘an unfavourable treatment 
or adverse consequence that comes as a reaction to a complaint or to a proceeding that 
aims at the implementation of the principle of equality.’  

6.5  Sanctions and remedies (Article 15 Directive 2000/43, Article 17 Directive 

2000/78) 

a) 

Applicable sanctions in cases of discrimination – in law and in practice 

Administrative sanctions 

The  Law  on  administrative  misdemeanour159  -  According  to  Article  8,  administrative 
sanctions may be imposed by: 

- 

- 

the  competent  administrative  authority  for  the  review  of  an  administrative 
misdemeanour,  which  shall  impose  a  fine  or  other  administrative  penalties, 
depending on the provisions of the special law; 
the court, which may impose a fine or imprisonment of up to 30 days. 

The  Law  on  protection  from  discrimination  -  According  to  Article  33  of  the  LPD,  the 
commissioner  may  impose  sanctions  through  a  fine  and  set  a  reasonable  time  within 
which  the  fine  must  be  paid.  The  amount  of  the  fine  depends  on  the  status  of  the 
defendant.  The  Law  sets  out  four  categories:  a  natural  person  (fines  of  approximately 
EUR 80 to 480); a legal person (fines from EUR 480 to 4 800); a natural person within a 
legal person who is responsible for the violation (fines from EUR 240  to 640);  a person 
who  exercises  a  public  function  and  is  responsible  for  the  violation  on  the  basis  of  the 
Law (fines from EUR 240 to 640). In addition, the commissioner may require the relevant 

157  Law No. 38/2017 on additions and amendments to Law No. 8116 of 29.3.1996. The Code of Civil Procedure 

of the Republic of Albania, as amended, is published in the Official Gazette No. 98, 5 May 2017. 
Amendments to the Civil Procedure Code entered into force in November 2017. 

158  Commissioner for Protection from Discrimination (2013) Annual Report 2014, p. 95. http://kmd.al/wp-

content/uploads/2019/03/Raporti-Vjetor-2014.pdf. 
159  Law No. 10279/2010 on administrative misdemeanour. 

66 

 
 
 
 
 
 
 
 
 
 
  
 
 
authorities  to  remove  or  suspend  the  licence  or  authorisation  of  the  natural  or  legal 
subject  to  conduct  his  activity.  This  is  a  final  means  to  be  used  especially  when  the 
natural  or  legal  subject  does  not  comply  with  the  decision  of  the  commissioner  or  does 
not pay the fine within three months of the time period set by the commissioner and the 
sanction has not been objected to in court. This decision is binding. 

The LPD is not repressive, because it gives the defendant some opportunities to avoid the 
sanctions  by  prompt  restoration  of  the  violated  right.  The  fine  is  repealed  if  the  person 
against  whom  the  complaint  was  submitted  implements  the  decision  within  seven  days 
after the sanction was imposed (Article 33(11)). The punishment by fine can be appealed 
before  the  relevant  court,  according  to  the  Code  of  Civil  Procedure  (Article  33(16))  and 
the fine is deposited into the state Budget (Article 33(17)). 

These sanctions are the same for the public and private sectors. 

Civil sanctions 

The Law on protection from discrimination - According to Article 37(1) of the LPD, on the 
‘Decision  of  the  court’,  ‘the  decision  of  the  court  sets  the  indemnification,  if  the  court 
decides  that  there  is  a  violation  of  this  law,  also  including  a  time  period  for  making  the 
indemnification’.  In  Article  38,  the  LPD  provides  a  definition  of  ‘indemnification’,  which 
includes,  among  other  things,  the  correction  of  the  legal  violations  and  their 
consequences  through  return  to  the  prior  situation,  appropriate  compensation  for  the 
property and non-property damages or through other appropriate measures. 

Labour Code - Under Article 202, the Labour Code provides for civil sanctions by fine, as 
follows: 

-  

-  

Punishment by a fine amounting to 100 times  the minimum monthly  wage for the 
violation of: Article 9 (prohibition of discrimination); Article 98 (the minimum age); 
Article  100  (difficult  or  dangerous  jobs);  Article  101  (night  work  for  employees 
under  18  years  of  age  and  those  recognised  as  invalids);  Article  103  (medical 
checks for employees under 18 years of age); Articles 104 and 108 (prohibition of 
work for pregnant women and young mothers, and night work); Article 181(3), (5) 
and  (7)(a),  (b)  and  (c))  on  trade  union  freedoms,  prohibition  of  discrimination 
against trade union representatives, prohibition  against changing the  conditions of 
employment  contracts  of  representatives  of  organisations  of  employees,  and  the 
obligation  of  the  employer  to  create  all  the  necessary  conditions  and  facilities  so 
that  the  elected  representatives  of  organisations  of  employees  may  properly 
exercise  their  functions;  and  Article  182,  on  the  right  of  trade  union  organisations 
to protect the interests of each of its members before the courts. 
Punishment  by  a  fine  amounting  to  50  times  the  minimum  monthly  wage  for  the 
violation  of:  Article  78(3),  prohibiting  employees  under  18  years  of  age  from 
working  for  more  than  six  hours  a  day;  Article  99(1)  on  easy  jobs  for  children 
between  the  ages  of  16  and  18;  Article  105(a)  prohibiting  the  imposition  of 
pregnancy  tests  before  starting  employment;  Article  197(2)(3),  prohibiting  the 
recruitment  of  new  employees  when  a  strike  is  taking  place;  Article  146(1)(c),  on 
termination of a contract for no reasonable cause, which violates the prohibition of 
discrimination according to the stipulations of the Labour Code and the LPD. 

Where a violation recurs to the detriment of several employees, the total amount of fines 
issued will not be greater than five times the maximum fine. The employer shall be held 
accountable for fulfilling the obligation brought about by the employee to whom he or she 
has assigned certain tasks for the purpose of managing the enterprise. 

The  violations  of  the  provisions  of  the  Labour  Code  will  be  punished  in  compliance  with 
the provisions of the Penal Code if they amount to criminal offences. 

67 

 
  
 
 
 
 
 
 
 
Criminal sanction 

The Criminal Code provides for the following sanctions: 

Article 74 provides that computer-based dissemination of materials  advocating genocide 
or crimes against humanity are punishable by three to six years of imprisonment. 

According  to  Article  84(a),  making  a  threat  for  racist  and  xenophobic  motives  via 
computer systems is punishable by a fine or by up to three years’ imprisonment. 

Based  on  Article  108(a),  sexual  harassment  is  punishable  by  one  to  five  years  of 
imprisonment;  when  this  offence  is  committed  in  complicity,  against  several  persons, 
more  than  once,  or  against  children,  it  is  punishable  by  three  to  seven  years  of 
imprisonment. 

The dissemination of racist or xenophobic materials  or of insults for racist or xenophobic 
motives  via  computer  systems  (Article  119(a)(b))  is  punishable  by  a  fine  or 
imprisonment up to two years. 

Article  133  provides  a  punishment  by  a  fine  or  up  to  one  year  of  imprisonment  for  the 
obstructing of the religious ceremonies. 

Article 253 states that  the violation of the  equality of citizens is punishable by a fine  or 
up to five years of imprisonment. 

The incitement  of hatred or disputes is punishable by imprisonment  of two to ten years 
(Article 265). 

According to Article 266, ‘calls for national hatred’ are punishable by imprisonment of two 
to eight years. 

b) 

Compensation - maximum and average amounts 

There are no limits stipulated by law, and the amount of compensation fully depends on 
the  court  verdict.  In  other  areas  of  compensation  (such  as  traffic  accidents),  court 
practice is to relate the sum of compensation to the living standard in the country. 

c) 

Assessment of the sanctions 

The LPD provides for different amounts of fees and places a duty on the CPD to take into 
consideration: the nature and field of action of the violation and the effect on the victim; 
the personal and financial circumstances of the violator, especially taking into account all 
sources  of  income,  and  if  the  violation  is  committed  by  a  private  legal  person,  the 
balance  sheet  assets  and  profit  are  taken  into  account,  as  well  as  the  total  payroll;  the 
same violation discriminates against several persons, only one fine is imposed, but taking 
into account the requirements of being a proportionate measure.  

In  the  opinion  of  the  author,  these  sanctions  are  proportionate  but  not  dissuasive  or 
effective, because the value of the sanctions is low and sometimes the parties that have 
committed discriminatory  behaviour prefer to  pay the  fine instead of  enforcing the legal 
obligation and decision of the CPD. 

68 

 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
7 

a) 

BODIES FOR THE PROMOTION OF EQUAL TREATMENT (Article 13 Directive 
2000/43) 

Body/bodies  designated  for  the  promotion  of  equal  treatment  irrespective  of 
racial/ethnic origin according to Article 13 of the Racial Equality Directive 

Before the adoption of the Law on protection from discrimination, the People’s Advocate 
(ombudsperson) was the only institution entitled to protect the principles of equality and 
non-discrimination based on a broader mandate for the protection of human rights in the 
public sector.  

The  Law  on  protection  from  discrimination,  proposed  by  a  group  of  MPs  in  support  of 
requests  by  civil  society  organisations,  establishes  an  independent  institution  as  the 
Commissioner  for  Protection  from  Discrimination  (CPD).  The  establishment  of  this 
institution came as a result of the EU requirements for Albania’s progress in the European 
integration  process  and  reflected  the  commitment  of  the  Albanian  authorities  to 
respecting  human  rights,  equality  and  non-discrimination.160  It  started  operating  on  21 
May  2010.161  In  April  2018,  the  new  commissioner  was  elected  by  the  Assembly  of  the 
Republic  of  Albania.162  The  CPD  deals  with  cases  of  discrimination  for  an  open  list  of 
grounds in both the public and private sectors, takes decisions and can impose sanctions. 

b)   Political, economic and social context of the designated body 

Generally, public and political debates are supportive of the body. In 2018, the Assembly 
and the Albanian Government took some measures to ensure the fulfilment of the CPD’s 
mandate,  such  as:  locating  the  office  in  a  building  in  the  centre  of  the  city  with  the 
necessary  space;  changing  the  structure,  which  led  to  an  increase  in  the  number  of 
employees; and increasing the budget. The Government has increased the budget, from 
ALL 36 458 400 (EUR 303 820) in 2018 to ALL 47 450 000 (EUR 395 416) in 2019. 

c)  

Institutional architecture  

In Albania, the designated body does not form part of a body with multiple mandates. It 
is an independent institution, elected by the Assembly.  

From  2010  to  2018,  the  institution  had  23  employees,  17  of  them  dealing  directly  with 
discrimination cases. From 2018, the structure of the CPD provided for 34 employees.163  

The  organisational  structure  of  the  Office  of  the  Commissioner  has  also  been  amended 
through  a  decision  of  the  Parliament.  In  the  new  structure,  the  Office  of  the 
Commissioner has five directorates: 

reception of complaints directorate (including three regional offices); 
administrative investigation directorate; 
legal directorate; 

-  
-  
-  
-   monitoring, reporting and communication directorate; 
-  

supporting services directorate. 

160  Commissioner for Protection from Discrimination (2011), Annual Report 2010, http://kmd.al/wp-

content/uploads/2019/03/Raporti-vjetor-KMD-2010.pdf. 

161  Assembly of the Republic of Albania, Decision No. 33, dated 22.04.2010, on the election of the 

Commissioner for Protection from Discrimination and Decision No. 34, dated 20.05.2010 on approval of the 
structure, organisation and categorisation of job positions of the Office of the Commissioner for Protection 
from Discrimination. 

162  Assembly of the Republic of Albania, Decision No. 60, dated 05.04.2010. 
163  Assembly of the Republic of Albania, Decision No. 88, dated 23.07.2018. 

69 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
d) 

Status of the designated body/bodies – general independence 

i) 

Status of the body 

The  Commissioner  for  Protection  from  Discrimination  is  an  independent  body.  It  is  not 
subordinated to any other body within the administrative system. The commissioner is a 
public legal person.  

According  to  Article  23  of  the  LPD,  the  commissioner  is  elected  by  a  majority  of  all  the 
members  of  the  Assembly,  based  on  the  possible  candidates  proposed  by  a  group  of 
deputies.  Potential  candidates  can  be  every  Albanian  citizen  who  meets  the  following 
requirements:  a)  having  high  moral  qualities  and  distinguished  activity  in  the 
community;  b)  having  a  university  diploma;  c)  having  distinguished  activity  and 
knowledge  in  the  field  of  human  rights  and  freedoms  and  law;  ç)  having  not  been 
convicted by a final decision for the commission of a criminal offence; and d) not being a 
deputy in the legislature of the Assembly that  proposes  or elects him.  Under Article 25, 
the commissioner can be elected for a term of five years, with the right to be re-elected 
only  once.  The  Assembly  elects  a  new  commissioner  within  one  month  from  the  post 
becoming vacant. When the five-year term of the commissioner  ends, he stays in office 
until the new commissioner is elected (Article 29, LPD).164 

According  to  Article  28,  the  commissioner  can  be  dismissed  (based  on  a  motion  for 
discharge  by  no  fewer  than  one  third  of  the  deputies  of  the  Assembly  and  with  the 
decision by a majority of the votes of all the members of the Assembly) only under very 
specific conditions: 

a)   he  has  been  convicted  by  a  final  court  decision  for  the  commission  of  a  criminal 

offence;  

b)   he is mentally or physically incapable of exercising his functions;  
c)   he commits activity in opposition to the provisions of this law, with the Constitution 

or with the legislation in force. 

The  commissioner  has  his  own  independent  budget,  which  is  financed  from  the  state 
budget and various donations.165 

The  institution  is  supported  by  the  Office  of  the  Commissioner  for  Protection  from 
Discrimination,  which  has  the  necessary  personnel  and  equipment  to  support  the 
commissioner  in  fulfilling  the  duties  assigned  by  law.  The  employees  of  this  office  have 
the status of civil servants (Article 21(2) and (3)). The commissioner is able to recruit his 
staff independently, based on the Law on civil servants.  

The commissioner is accountable to the Assembly. According to Article 26 of the LPD on 
reporting, the commissioner submits a report at least once a year before the committees 
of  the  Assembly.  This  must  include  an  analysis  of  the  implementation  of  the  law  in 
general, as well as an account of the work of the commissioner and the office.  

164  The first Commissioner for Protection from Discrimination was elected by the Assembly in May 2010. On 4 
April 2018, a new commissioner was elected following a transparent procedure based on the Rules of 
Procedure of the Assembly of Albania. The Assembly issues a public call for applications, assesses the 
candidates and holds hearings with them. Civil society organisations sent a letter of support for one of the 
civil society candidates. However, the Assembly elected a candidate with an academic background as 
commissioner.  

165  According to the annual reports of the CPD, funding for its activities has been donated through the EU’s 
Instrument for Pre-Accession Assistance (IPA) programme and projects implemented by the Council of 
Europe in Albania, UNDP, UN Women and the OSCE. 

70 

 
 
 
 
 
 
 
 
 
  
 
 
 
 
ii) 

Independence of the body 

The independence of the commissioner is clearly stipulated in the Law on protection from 
discrimination (LPD) under Article 22. The commissioner is independent in the exercise of 
their duty and is subject only to the Constitution and the law.  

According  to  Article  30,  the  commissioner  is  prohibited  from  being  part  of  a  political 
organisation  or  party,  from  carrying  out  political,  state  and  professional  activity,  and 
from taking part in the leading organs of social, economic and commercial organisations. 
He  may  carry  out  teaching  activities  and  publish  literary  and  scientific  works,  without 
affecting the exercise of his functions in a normal manner. 

The  legal  framework  provides  for  budgetary  independence.  The  commissioner  has  his 
own independent budget, which is financed from the state budget and various donations. 
However,  the  Assembly  decides  on  the  pay  of  the  commissioner,  the  organisational 
structure  and  the  classification  of  payment  for  the  employees  of  the  Office  of  the 
Commissioner for Protection from Discrimination.  

No  reports  or  debates  (Assembly  Resolution,  Progress  Reports  for  Albania,  reports  of 
international  organisations,  civil  society)  show  any  apparent  concern  about  the 
independence of the commissioner in the exercise of his functions.  

e)  Grounds covered by the designated body/bodies 

The  Commissioner  for  Protection  from  Discrimination  ensures  the  effective  protection 
from  discrimination  and  from  every  other  form  of  conduct  that  incites  discrimination 
based  on  an  open-ended  list  of  protected  grounds  provided  by  Article  1  of  the  LPD: 
gender,  race,  colour,  ethnicity,  language,  gender  identity,  sexual  orientation,  political, 
religious  or  philosophical  beliefs,  economic,  education  or  social  situation,  pregnancy, 
parentage,  parental  responsibility,  age,  family  or  marital  condition,  civil  status, 
residence,  health  status,  genetic  predispositions,  disability,  affiliation  with  a  particular 
group or for any other grounds. In practice, the CPD also deals with nationality. 

No  case  law  has  been  developed  on  the  enforcement  of  the  law  regarding  migration 
disputes, although the legal framework guarantees the same treatment on the protection 
from  discriminatory  behaviour.  In  the  context  of  the  IPA  project  on  increasing  the 
effectiveness of the Albanian system of human rights protection and anti-discrimination, 
the staff of the  commissioner  completed an online course  on ‘Asylum  and the European 
Convention on Human Rights’ on the HELP Platform - Human Rights Education for Legal 
Professionals.166 

f) 

Competences of the designated body/bodies – and their independent exercise 

i) 

Independent assistance to victims 

In  Albania,  the  Commissioner  for  Protection  from  Discrimination  has  the  competence  to 
provide  independent  assistance  to  victims  of  discrimination.  The  CPD  provides 
independent  assistance  to  victims  in  addressing  their  complaints,  and  provides 
information  about  their  right  of  protection  from  discrimination  and  the  legal  means 
available for this protection (Article 32(1)(j)).  

166  Commissioner for Protection from Discrimination (2019), Annual Report 2018, p. 79. www.kmd.al/wp-

content/uploads/2019/03/RAPORTI-VJETOR-2018.pdf. 

71 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
In our view, the CPD is able to give independent assistance free of charge through:  

- 

- 

-  

examining complaints and conducting administrative investigations after the receipt 
of credible information about a violation of the LPD (Article 32(1)(a),(b) and (c));  
providing  written  opinions  on  any  kind  of  issue  related  to  discrimination  based  on 
the request of the court (Article 32(1)(gj)); 
representing a complainant in the judicial  bodies in  civil cases,  with  their approval 
(Articles 32(1)(i) and 34). In practice, the CPD has never used this power. The LPD 
does  not  provide  the  CPD  with  the  right  to  exercise  the  power  provided  by  Article 
34  independently;  it  allows  the  CPD  to  exercise  it  only  as  a  representative  of  the 
presumed victim of discriminatory behaviour. 

ii) 

Independent surveys and reports 

According  to  the  LPD,  the  commissioner  has  a  duty:  to  encourage  the  principle  of 
equality  and  non-discrimination,  especially  by  raising  awareness  and  disseminating 
information  on  these  issues  (Article  32(1)(d));  to  monitor  and  carry  out  surveys  in 
connection with discrimination (Article 32(1)(dh) and (e)); and to publish reports (Article 
32(1)(f)).  In  practice,  this  duty  is  effectively  exercised  in  an  independent  manner 
through: 

a. 

b. 

Conducting monitoring such as: 
- 

Monitoring  with  focus  the  discriminatory  behaviour  in  the  education  system 
and  the  level  of  knowledge  of  Law  No.  10 221/2010  on  protection  from 
discrimination.167 
Monitoring of the tendency towards the segregation or concentration of Roma 
children in the education system.168 

Publishing numerous leaflets, manuals, brochures and studies, including:  
- 

‘Gender  equality  and  discrimination  in  the  appointed  organs  of  local 
government’, 2019 
‘Combating discrimination and hate speech in election campaigns’169 
‘Protection from Discrimination - Handbook for NGOs’, (2013) 
Summary of CPD Decisions and Expert Board Opinions (2014) 
2015, 2017, Summary of CPD Decisions 
Summary of decisions of the Court of Justice of the European Union, European 
Court of Human Rights and Equality Bodies (2014) 
‘Study  on  the  issue  of  discrimination  of  the  Roma  community  in  Albania’ 
(2014) 
‘Discrimination  in  education  from  the  perspective  of  the  Commissioner  for 
Protection from Discrimination’ 
‘Special Report  on the  Protection and Respect  of  LGBTI Community Rights in 
Albania’ (2014) 
‘On the Situation of Women Discrimination in Albania’ (2014) 
‘Guide  for  protection  from  gender  discrimination  in  the  economic  sector’ 
(2012, 2014) 
Handbook  for  Training  of  Educational  Institutions,  for  School  Psychologists 
and Social Workers (2011) 
Information  brochure  on  ‘Protection  of  Minorities  in  Albania  under  the  Law 
Protection from Discrimination’ 

- 

- 
- 
- 
- 
- 

- 

- 

- 

- 
- 

- 

- 

167  Commissioner for Protection from Discrimination (2014), Discrimination in education from the perspective of 

the Commissioner for Protection from Discrimination, Tirana 2014, p. 20. 

168  Commissioner for Protection from Discrimination (2014), ‘Summary of the Decisions of the Commissioner 

for Protection from Discrimination’, p. 16. 

169  CPD and EQUINET (2019), Rekomandim mbi luftën kundër diskriminimit dhe gjuhës së urrejtjes në fushata 

zgjedhore (Combating discrimination and hate speech in election campaigns), available at: 
https://equineteurope.org/2019/05/14/combatting-discrimination-and-hate-speech-in-election-campaigns/. 

72 

 
 
 
 
 
 
- 

- 
- 

Development  of  an  information  brochure  ‘On  employment  in  the  public  and 
private sectors’ 
Information brochure ‘On the provision of goods and services’. 
Information brochure ‘On the provision of education’. 

iii)  Recommendations 

The  commissioner  has  the  power  to  make  recommendations  about  any  kind  of  issue 
related to discrimination, including legal recommendations, by supporting new legislation 
or the amendment or reform of existing legislation. 

The  CPD  issued  4  recommendations  in  2012;  2  recommendations  in  2013;  7 
recommendations in 2014; 3 recommendations in 2015; 5 recommendations in 2016; 7 
recommendations  in  2017;  13  recommendations  in  2018;  and  6  recommendations  in 
2019. 

In 2019, the CPD issued recommendations on: 

- 
- 

- 

- 
- 

The draft law on the promotion of employment. 
Reviewing or amending the legislation related to transport facilities and benefits on 
an  equal  basis  for  all  categories  of  persons  with  disabilities  and  their  carers, 
regardless of disability type. 
Improvement of the legal framework so that carers of persons with disabilities may 
receive benefits on an equal basis and without discrimination based on the type of 
disability. 
Bylaws pursuant to Law No. 22/2018 on social housing. 
Improving the legal framework for convicts and detainees so that they may receive 
benefits on an equal basis and without discrimination. 

The CPD submitted recommendations on the  draft law on the promotion of employment 
concerning: 

- 

- 

- 

Careful assessment of the right  of  foreign  or stateless persons to benefit from the 
services provided under the law. 
Measures  proposed  under  the  draft  law  that  the  commissioner  deems  ineffective. 
The draft law provides for doubling the total number of employees that an employer 
must have before being obliged to employ a person with a disability and halves the 
amount that an employer must pay if it fails to meet the above obligation. 
Clarity that the rights and obligations under the law apply to both public and private 
employers. 

iv)  Other competences 

The CPD has other powers under the LPD: 

- 

- 

to  promote  the  principle  of  equality  and  non-discrimination,  especially  by  raising 
awareness  and  providing  information  about  those  issues  and  by  providing  written 
information about the Law (in the FAQs section of the official CPD website170 and in 
an  online  newspaper)171  in  the  Albanian  language,  in  minority  languages  and  in 
formats usable by persons with a disability;172 
to  address  the  public  directly  about  any  issue  related  to  discrimination  by  issuing 
recommendations  and  press 
interviews  (the 
commissioner  has  publicly  condemned  the  use  of  hate  speech  by  former 
parliamentarians against people with disabilities and repeated incidents in stadiums 

releases  and  giving  media 

170  See https://www.kmd.al/f-a-q/. 
171  See https://www.kmd.al/newsletter/. 
172  See https://www.kmd.al/publikime-te-komisionerit/. 

73 

 
 
 
 
 
 
 
 
 
 
 
 
- 

- 

connected  with  ethnic  and  racial  affiliation,  as  well  as  the  insulting  of  vulnerable 
groups  such  as  Roma,  Egyptians  and  members  of  the  LGBTI  community  in  social 
media);173 
to  contribute  to  reporting  and,  as  the  case  may  be,  to  submit  reports  to 
international and regional bodies, as the UN mechanisms on human rights (CEDAW, 
CERD,  UPR  on  Human  Rights),  Council  of  Europe,  in  the  Framework  of  European 
Integration  Process  (Meeting  of  the  Stabilisation  and  Association  Committee,  EU-
Albania,  Sub-Committee  Meeting  on  Justice,  Freedom  and  Security,  EU-Albania 
Subcommittee  Meeting  on  Innovation,  Information  Society  and  Social  Policies; 
Roadmap on the Five Key Priorities);  
to  support  best  practice  in  the  anti-discrimination  field.  This  included  engaging  in 
actions  against  hate  speech  in  2019.  The  Commissioner  for  Protection  from 
Discrimination,  the  Ombudsman,  the  AMA  and  the  Albanian  Media  Council  have 
established  the  Alliance  Against  Hate,  which  aims  to  identify  possible  mechanisms 
to combat hate speech, based on European best practices. 

The commissioner has yet to draft a report on the implementation of the CRPD. The new 
structure  of  the  CPD  (based  on  the  National  Action  Plan  for  Persons  with  Disabilities 
2016-2020) designates two employees to conduct the monitoring of the implementation 
of CRPD. 

g) 

Legal standing of the designated body/bodies 

In  Albania,  according  to  the  LPD,  the  Commissioner  for  Protection  from  Discrimination 
has legal standing to:  

- 

- 

bring discrimination complaints on behalf of identified victims (a person or group of 
persons) to court, but the commissioner must have the consent by a special power 
of  attorney  or  by  declaration  before  the  court  by  the  person  of  group  of  persons 
injured by the discrimination174 (although the CPD has never used this competence 
in practice); 
intervene in legal cases concerning discrimination, for example as an amicus curiae, 
subject to the court’s decision.175  

On  the  basis  of  the  LPD,  the  Commissioner  for  Protection  from  Discrimination  does  not 
have legal standing to: 

- 
- 

bring discrimination complaints to court on behalf of non-identified victims; 
bring discrimination complaints to court ex officio. 

h)  Quasi-judicial competences 

In  Albania,  the  Commissioner  for  Protection  from  Discrimination  is  a  quasi-judicial 
institution  (Article  32  LPD).  Guaranteeing  the  right  to  equal  treatment  and  non-
discrimination  is  mainly  realised  through  the  recognition  of  the  right  to  make  a 
complaint. 

The  complaint  has  to  fulfil  certain  legal  requirements  such  as  including  the  applicant's 
name,  the  entity  to  which  the  appeal  is  brought,  the  explanation  of  the  alleged 
discrimination,  the  measures  required  by  the  commissioner  (Article  33(3)),  which  are 
reflected  in  the  form  of  the  complaint.  The  LPD  also  covers  cases  where  complaints 
cannot  be  accepted  such  as:  anonymous  complaint,  the  expiry  of  the  deadline  for  the 
submission of the complaint, complaints of discrimination referring to facts that occurred 

173  CPD Newsletter No. 8, August 2019, available at: https://www.kmd.al/wp-

content/uploads/2019/09/Newsletter-KMD-gusht-2019.pdf. 

174  LPD, 4 February 2010, Article 34(3). 
175  LPD, 4 February 2010, Article 36(4). 

74 

 
  
 
 
 
 
 
 
 
 
 
prior to the Law coming into force, etc. (Article 33(4)). The Law recognises two ways to 
submit  a  complaint:  in  writing  and,  in  exceptional  cases  orally,  in  which  case  minutes 
must  be  taken.176  The  complaints  can  be  submitted  to  the  central  and  three  regional 
offices,  or  online.  Mail  and  email  are  the  main  ways  that  citizens  submit  complaints, 
according to the Office of the Commissioner. 

The  natural  or  legal  persons  against  whom  the  complaint  has  been  submitted  have  the 
right to be notified in writing by the commissioner within 15 days from the day of receipt 
of  the  complaint.  The  commissioner  has  to  verify  the  facts,  asking  the  complainant  and 
the person against whom the complaint was filed to submit written presentations within 
30  days  from  the  day  the  parties  receive  the  notice.  The  commissioner  may  also  take 
information  from  any  other  person  or  source.  If  appropriate,  the  commissioner  holds  a 
public  hearing  session  and  invites  the  parties  and  every  other  interested  person.  If 
appropriate,  the  commissioner  seeks  to  reach  a  conciliation  agreement  between  the 
complainant  and  the  person  against  whom  the  complaint  was  submitted  (Article  33(5), 
(7), (8) and (9)).  

At  the  conclusion  of  the  administrative  proceeding,  the  commissioner  takes  a  decision, 
which  is  made  known  to  the  parties  within  90  days  from  the  date  of  receipt  of  the 
complaint  or,  if  a  public  hearing  session  has  been  held,  within  90  days  from  the  day  of 
the  hearing.  The  CPD  publishes  only  the  decision,  within  which  there  is  a  detailed 
information  on  the  inspections.  The  decision  contains  appropriate  measures  and 
protocols,  as  well  as  setting  a  period  for  implementing  them.  Under  Article  33(12),  the 
commissioner  must  ensure  that  any  measures  required  in  the  decision  will  be  effective, 
preventative  and  proportionate  with  the  situation  that  caused  the  imposition  of  the 
measure. 

The decisions of CPD are binding.  

It has the power to impose sanctions through fines. As a last resort, especially when the 
natural  or  legal  subject  does  not  comply  with  the  decision  of  the  commissioner  or  does 
not pay the fine within three months after the time period set by the commissioner and 
the  sanction  has  not  been  objected  to  in  court,  the  commissioner  may  ask  the  relevant 
authorities  to  remove  or  suspend  the  licence  or  authorisation  of  the  natural  or  legal 
subject to conduct their activity (Article 33(13)). 

The decision of the CPD can be appealed. In general, decisions of the CPD are appealed 
to  the  courts.  The  commissioner’s  annual  report  contains  a  specific  section  on 
participation in court proceedings.  

If  the  decision  is  not  appealed  nor  fulfilled  promptly,  the  commissioner  can  make  an 
application  for  court  enforcement  orders,  following  the  procedures  for  the  execution  of 
fines through public bailiffs. Under Article 33(16), a natural or legal subject against whom 
a measure of punishment by fine is taken has the right to appeal to the court according 
to the Code of Civil Procedure.  

i) 

Registration by the body/bodies of complaints and decisions 

In  Albania,  the  CPD  registers  the  number  of  discrimination  complaints  and  decisions  by 
ground, field, type  of discrimination,  etc. These data  are available to the public through 
the  publication  of  the  annual  report  and  decisions  of  the  commissioner  on  the  official 
website.177  Under  the  Law  on  the  right  to  information,  any  person  may  request 

176  Baraku, I. (2012) ‘The antidiscrimination legal framework and the mechanisms that guarantee effective 
protection from the discriminatory behaviours’, presentation at International Conference Towards future 
sustainable development, University of Shkodra, 16-17 November 2012. 

177  For annual reports, see: http://kmd.al/raporte-vjetore/; for decisions of the commissioner,  

see https://www.kmd.al/vendime-te-komisionerit-2019/. 

75 

 
 
 
 
 
 
 
 
 
 
information  received  by  the  commissioner.178  The  institution  has  fulfilled  its  legal 
obligation  by  publishing  its  programme  of  transparency  and  request  register  and  by 
assigning an employee as information coordinator. A total of 47 requests for information 
were registered at the Office of the CPD in 2019.  

Table  1:  Number  of  complaints  and  decisions  of  the  Commissioner  for  Protection  from 
Discrimination, by year. 

Year 

2015 

2016 

2017 

2018 

2019 

Number of 
complaints 

Ex officio 
investigation 

Administrative 
decisions 

180 

120 

166 

197 

163 

17 

11 

7 

8 

8 

184 

197 

142 

241 

171 

Decisions 
establishing 
discrimination 
41 

57 

24 

49 

55 

The  number  of  complaints  is  the  number  of  new  complaints  registered  during  the 
respective  year;  the  number  of  administrative  decisions  includes  the  administrative 
decisions for all the cases concluded during the relevant year. 

Table 2: Commissioner for Protection from Discrimination – complaints by activity. 

Year 

2017 

2018 

2019 

Public Hearings 

52 

47 

65 

Investigation 
Inspections 
16 

Requests for 
information 
200 

32 

24 

364 

534 

Based  on  the  data  provided  by  the  Office  of  the  CPD,  most  discrimination  cases 
registered  during  2019  related  to  political  beliefs  (57),  race,  ethnicity,  colour  and 
language  (37),  disability  (20),  economic  situation  (14),  health  status  (14),  any  other 
grounds  (17),  affiliation  with  a  particular  group  (14),  education  situation  (14),  social 
situation (7) and sexual orientation (7).179 

The number of discrimination cases for other grounds are very low. Logically, this means 
that there is underreporting for these grounds: gender (2), gender identity (4), age (4), 
religious  beliefs  (1),  philosophical  beliefs  (1),  pregnancy  (3),  parentage  (0),  parental 
responsibility (4), civil status (0), residence (4), and genetic predispositions (1). 

178  Law No. 119/2014 on the right to information. 
179  Commissioner for Protection from Discrimination (2020), Annual Report 2019, p. 37. 
https://www.kmd.al/wp-content/uploads/2020/05/Raporti-vjetor-2019-KMD.pdf. 

76 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Table 1: Decisions of the CPD during 2019, by 5 grounds. 

           Decision 

Discrimination 

Non- 
discrimination 

Others 

Sanctions 
by fine 

Grounds        

Race, ethnicity, 
colour 
Age 

Disability 

Religion / belief 

Sexual orientation 
and gender identity 

13 

3 

25 

- 

6 

11 

2 

6 

1 

4 

- 

- 

- 

- 

- 

4 

1 

3 

- 

- 

During 2019 the CPD registered 38 cases against private subjects and 133 cases against 
public  authorities.  The  complainants  were  as  follows:  104  men,  84  women,  13  groups 
and 14 NGOs. 

The LPD provides for protection from discrimination in education, employment and goods 
and  services  (including  housing  and  social  services)  in  three  specific  chapters.  During 
2019,  the  CPD  registered  19  complaints  regarding  education,  90  complaints  regarding 
employment and 62 complaints regarding goods and services.  

Table 3: Decisions of the CPD during 2019, by field. 

        Decision 

Discrimination  Non-discrimination 

Others 

Total 

Field 

Education 

Employment 

3 

30 

Goods & services 

22 

2 

32 

17 

5 

28 

34 

10 

90 

73 

Out  of  55  decisions  where  the  CPD  found  discrimination  during  2019,  only  three  have 
been ascertained as involving indirect discrimination.  

In the course of 2019, the commissioner took 14 decisions resulting in sanctions by fine, 
of which 10 were for the non-implementation of previous decisions, while 4 were issued 
to individuals who had not given the information requested by the CPD.180 

In 2019, the CPD participated in 86 court proceedings (in 52 cases as the respondent and 
in 31 cases as an interested or third party; in 3 cases, the CPD requested the issuing of 
orders). In 2019, the courts issued 54 decisions in cases to which the CPD was a party, 
of  which  36  decisions  were  given  by  the  first  instance,  civil  and  administrative  courts, 
and 18 decisions were issued by the appeal courts.181  

180  In Article 32(2), the LPD obliges public institutions and private subjects to support the commissioner in the 
fulfilment of his or her duties, especially by supplying information that he or she may need. In addition, 
under Article 33(13), any person who violates the provisions of this law shall be punished by a fine. 
181  Commissioner for Protection from Discrimination (2019), Annual Report 2018, p. 47. www.kmd.al/wp-

content/uploads/2019/03/RAPORTI-VJETOR-2018.pdf. 

77 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Out of 36 decisions given by the first instance courts, 26 confirmed the decisions of the 
CPD (out of 27 decisions on proceedings in which the CPD participated as the defendant, 
i.e. appeals), and 6 decisions found discrimination (out of 9 decisions  on proceedings in 
which the CPD participated as a third party). 

Out  of  18  decisions  issued  by  the  appeal  courts,  6  decisions  (out  of  8  decisions  on 
proceedings in which the CPD participated as a defendant party) confirmed the decisions 
of  the  CPD;  in  6  decisions  (out  of  10  decisions  in  proceedings  in  which  the  CPD 
participated as a third party), discrimination was found to have taken place. 

There are no statistics on the fields or protected grounds in these decisions. 

During 2019, the CPD pursued six cases involving the issuing of fines by public bailiffs. 

j) 

Stakeholder engagement 

In  Albania,  the  Commissioner  for  Protection  from  Discrimination  engages  with  civil 
society,  international  organisations,  public  institutions,  independent  bodies,  the  media, 
employer networks, local government  entities  and trade unions as part of implementing 
their mandate. 

The  CPD  regularly  engages  in  dialogue  in  connection  with  issues  of  discrimination  with 
the  relevant  social  groups,  including  non-governmental  organisations  (Article  32(1)(k)) 
and conducts educational activities (Article 32(1)(l)).  

The  commissioner  organised  two  training  sessions  in  2019.  The  commissioner  also 
attends  some  working  groups,  which  have  been  formed  to  draft  and  monitor  strategies 
and  action  plans  for  gender  equality  and  vulnerable  people,  such  as  disabled  people, 
LGBTI  people,  Roma  and  children.  The  CPD  has  established  collaborations  with 
institutions  and  national  and  international  organisations  and  has  participated  in  various 
inter-institutional groups. In 2019, the CPD participated in 38 such activities. In addition, 
the CPD participated in 52 activities organised by other stakeholders in 2019. 

k) 

Roma and Travellers 

In Albania, the commissioner treats Roma and Travellers as a priority issue.  

For some years, the most cases dealt with by the commissioner have been in the field of 
goods and services (including housing and economic benefits), and have mostly involved 
Roma  people.  In  2019,  the  highest  number  of  cases  dealt  with  by  the  commissioner 
continued  to  involve  racial  discrimination,  including  discrimination  by  race,  colour  and 
ethnicity  (36  out  of  171  complaints),  and  once  again  they  mostly  concerned  Roma 
people.  In  education,  the  CPD  dealt  with  discriminatory  behaviours  related  to  the 
exclusion  of  communities  in  need  from  school  and  kindergarten  registration  fees  (Roma 
pupils and students being beneficiaries) and the phenomenon of segregation of students 
from the Roma community in 9-year schools (middle schools).  

For  some  years,  the  commissioner  and  the  People’s  Advocate  have  been  involved  in  a 
number of cases relating to people facing eviction from their house (most of them Roma 
people) as a result of development of public or private land.  

During 2018, two TV spots that addressed the Roma community’s issues were broadcast 
for two months, on two national television channels, with high visibility. Every year, the 
commissioner has organised open days with the Roma and Egyptian communities, aiming 
to  raise  awareness  about  protection  from  discrimination  and  ways  in  which  to  make  a 
complaint before the equality body and the court.  

78 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
8 

IMPLEMENTATION ISSUES  

8.1 

 Dissemination  of  information,  dialogue  with  NGOs  and  between  social 
partners 

a)  Dissemination  of  information  about  legal  protection  against  discrimination  (Article 

10 Directive 2000/43 and Article 12 Directive 2000/78)  

Since  its  establishment,  the  CPD  has  made  efforts  to  fulfil  its  responsibility  to  make 
society aware of the protection offered by the LPD. This has been realised through many 
activities  such  as:  the  organisation  of  community  open  days,  the  publication  and 
dissemination of awareness and training materials, and the organisation of open lectures, 
seminars  and  conferences.  The  preparation  of  some  advertising  spots  brought  to  public 
attention, not only the appeal to address cases to the commissioner, but also the positive 
cases  dealt  with  in  relation  to  the  discrimination  of  vulnerable  groups,  such  as  Roma, 
people with disabilities, women and LGBTI persons. 

The CPD has an  official website, www.kmd.al,  which provides  simple information about: 
the LPD (grounds, the forms of discrimination, fields, procedures before the CPD and the 
court); decisions of the commissioner; the activities of the institutions; the publications, 
the  law  in  minority  languages;  the  green  number;182  how  to  make  a  complaint  online; 
the  complaint  form,  etc.  The  CPD  also  has  a  social  media  presence,  including  on 
Facebook. 

b)  Measures to  encourage dialogue with NGOs  with a view to promoting the principle 

of equal treatment (Article 12 Directive 2000/43 and Article 14 Directive 2000/78) 

Most  of  the  activities  are  organised  through  projects,  with  the  support  and  in 
collaboration  with  international  organisations  and  NGOs.  The  CPD  has  signed  a 
memorandum of agreement with over 80 NGOs, the People’s Advocate, public institutions 
and local authorities. 

In  Albania,  the  Agency  for  the  Support  of  Civil  Society  is  the  central,  public  budgetary 
institution  with  the  mission  of  promoting  civil  society,  through  financial  assistance  and 
sustainable  development.183  There  is  also  the  National  Council  for  Civil  Society,  which 
aims  to  guarantee  institutional  cooperation  between  civil  society  organisations  in 
Albania.184  The  process  of  dialogue  and  consultation  in  this  Council  is  based  on  three 
important principles: counselling, transparency and consultation with stakeholders. 

c)  Measures to promote dialogue between social partners to give effect to the principle 
of  equal  treatment  within  workplace  practices,  codes  of  practice  and,  workforce 
monitoring (Article 11 Directive 2000/43 and Article 13 Directive 2000/78) 

For  years,  the  CPD  and  the  People’s  Advocate  have  been  promoting  and  encouraging 
dialogue with and between social partners, such as institutions, the Union of Chambers of 
Commerce Industry of Albania, media and civil society organisations.  

In  2019,  the  CPD  collaborated  with  the  media  and  NGOs  to  promote  the  fight  against 
discrimination,  to  combat  and  prevent  hate  speech,  and  to  protect  and  respect 
fundamental  human  rights  and  freedoms.  The  commissioner  has  organised  and 
participated in several activities, forums and seminars, raising awareness of the issue of 
discrimination  against  Roma  and  Egyptian  people,  children,  people  with  disabilities, 
members of the LGBTI community and others. 

182  This is an information line. 
183  Law No. 10093, dated 09.03.2009, http://www.amshc.gov.al/web/pergjigje-pyetjeve.php. 
184  Law No. 119/2015 on the establishment and functioning of the National Council for Civil Society. 

https://drive.google.com/file/d/1IkoJW3ev3TLV6dJAD73y6DaRDuy8ZN4G/view. 

79 

 
 
 
 
 
 
 
 
 
 
 
 
d) 

Addressing the situation of Roma and Travellers  

Albania does not have a central interdisciplinary body coordinating the Roma integration 
policy.185  

The  Ministry  of  Health  and  Social  Protection  is  responsible  for  the  administration  and 
presentation to the Government of information on the monitoring of the implementation 
of  the  National  Action  Plan186  for  the  Integration  of  Roma  and  Egyptian  Communities 
2016-2020.187 

In  addition,  the  Commissioner  for  Protection  from  Discrimination  treats  Roma  and 
Travellers as a priority issue. 

8.2 

 Measures  to  ensure  compliance  with  the  principle  of  equal  treatment 
(Article 14 Directive 2000/43, Article 16 Directive 2000/78) 

a) 

Compliance of national legislation (Articles 14(a) and 16(a)) 

Albania  has  taken  some  measures  to  ensure  that  laws,  regulations  and  administrative 
provisions  that  are  contrary  to  the  principle  of  equal  treatment  are  abolished.  Several 
amendments  have  been  made  to  the  existing  legislation,  including  the  Labour  Code 
(Article 9) and the Criminal Code (Articles 50(j), 253 and 265). New laws have also been 
approved by the Assembly, including the Administrative Procedures Code (Article 17(2)) 
and the Law on the inclusion of and accessibility for persons with disabilities.  

Usually  the  Government  or  the  Assembly  initiates  the  legislative  process,  and  then  the 
human rights institution (the People’s Advocate or the Commissioner for Protection from 
Discrimination) and NGOs become involved during the consultation process. 

During  the  drafting  of  new  legislation,  the  Government  takes  into  consideration  the 
recommendations previously issued by the human rights institution.  

However,  despite  these  measures,  there  are  still  provisions  in  force  that  are  not  in 
compliance with the principle of equal treatment. 

For some years, the CPD had exercised its competence to make recommendations to the 
relevant  authorities,  especially  by  supporting  new  legislation  or  the  amendment  or 
reform of existing legislation.  

Repeatedly during 2013 and 2014, the CPD made recommendations for amendments to 
the  Criminal  Code,  in  respect  of  protection  against  discrimination  based  on  sexual 
orientation and gender identity. The amendments to the Criminal Code in 2013 took into 
consideration  some  of  recommendations  made  by  the  CPD.188  However,  some  of  the 
CPD’s recommendations were not reflected in the amendments  to the Code (despite the 
fact that the Code has been amended several times).189 These include: 

185  European Commission (2018), Albania 2018 Report, Strasbourg, 17 April 2018, SWD (2018) 151 final, p. 
31, available at: https://ec.europa.eu/neighbourhood-enlargement/sites/near/files/20180417-albania-
report.pdf. 

186  Albania (2015), National Action Plan for the Integration of Roma and Egyptian Communities 2016-2020, 

approved by the Council of Ministers in Decision No. 1072, dated 23.12.2015. 
http://www.shendetesia.gov.al/wp-
content/uploads/2018/06/Plani_kombetar_i_veprimit_per_integrimin_e_Romeve_dhe_Egjiptianeve_2016-
2020.pdf. 

187  For additional information regarding this document, see Section 9. 
188  Law No. 144/2013 on amendments to Law No. 7895, the Criminal Code of the Republic of Albania.  
189  Law No. 7895, the Criminal Code of the Republic of Albania, as amended by Law No. 36/2017 and Law No. 
89/2017. https://euralius.eu/index.php/en/library/albanian-legislation/send/10-criminal-code/11-criminal-
code-en. 

80 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
- 

- 

- 

- 

Adding  to  Article  84(a)  of  the  Criminal  Code  (on  ‘Threat  due  to  racist  and 
xenophobic  motives  through  computer  systems’)  threats  based  on  sexual 
orientation and gender identity as a specific criminal offence;  
Criminalisation  of  insults  and  distribution  of  homophobic  materials  through 
computer systems based on sexual orientation and gender identity; 
Reformulation  of  Article  265,  on  ‘Encouragement  of  hatred  or  quarrel’,  to  include 
gender identity;  
Rewording Articles 101-107 of the Criminal Code, to remove the word ‘homosexual’ 
from legal provisions on sexual crimes.190 

b) 

Compliance of other rules/clauses (Articles 14(b) and 16(b)) 

In Albania, the principles of ‘lex specialis derogat legi generali’ (special rules prevail over 
general rules) and ‘lex posteriori derogat legi priori’ (more recent rules prevail over less 
recent rules) apply.  

Therefore,  any  contracts,  collective  agreements,  internal  rules  of  businesses  and  the 
independent  occupations,  professions,  workers’  associations  or 
rules  governing 
employers’  associations  that  are  contrary  to  the  principle  of  equal  treatment  may  be 
declared null and void.  

The  amendments  to  the  Labour  Code  guarantee  a  strong  protection  for  employees. 
According  to  Article  159(3)  of  the  Code,  a  ‘collective  agreement  may  not  contain 
provisions  that  are  less  favourable  for  the  employees  than  those  of  the  laws  and 
subordinate legislation in force, with the exception of the cases expressly defined by the 
law’.  Theoretically,  then,  collective  agreements  should  not  contain  discriminatory 
provisions. 

190  Commissioner for Protection from Discrimination (2018), Annual Report 2017, pp. 49-51. http://kmd.al/wp-

content/uploads/2019/03/raporti-vjetor-2017.pdf. 

81 

 
 
 
 
  
 
 
 
9 

COORDINATION AT NATIONAL LEVEL 

Since 2017, the Government has tasked the Ministry of Health and Social Protection with, 
among other things, the mission of guaranteeing constitutional rights for protection and 
social  inclusion  and  social  care  and  equal  chances.191  There  is  a  deputy  minister  who  is 
responsible  for  non-discrimination  issues.  The  ministry’s  structure  has  a  general 
department  of  policies  and  health  social  protection  development,  which  includes  a 
department of policies and health social protection development, under which the policies 
and strategies for social inclusion and the Gender Equity Unit operate.192 

The Ministry of Health  and Social Protection is the  body responsible for monitoring 
the  implementation  of  the  Social  Inclusion  Policy  Paper  2015-2020,  where  one  of  the 
main indicators is ‘social inclusion and human rights’.193 The vision of this document is to 
guarantee a system for monitoring and measuring social inclusion in all areas of poverty 
reduction,  in  social  protection  policy  and  in  policies  on  employment,  skills  for 
entrepreneurship, education and training, health, housing and basic needs; to encourage 
participation  in  human  rights;  and  to  promote  transparency  and  accountability  in  how 
social inclusion is measured and is used to inform the performance of social services. 

It  has  a  coordinating  role  in  the  implementation  of  the  National  Action  Plan  for  LGBTI 
Persons  in  the  Republic  of  Albania,  2016-2020,194  which  includes  as  strategic 
goals: improving  the  legal  and  institutional  framework,  as  well  as  raising  awareness  of 
non-discrimination  and  protection  of  LGBTI  people's  rights  in  accordance  with 
international  standards;  elimination  of  all  forms  of  discrimination  against  the  LGBTI 
community;  improving  access  to  employment,  education,  health,  housing  and  sports 
services for LGBTI people, and guaranteeing equal opportunities. 

The ministry is responsible for the administration and presentation to the Government of 
the  information  on  the  monitoring  of  the  implementation  of  the  social  protection 
strategy,195  the  strategic  goals  of  which  include:  mitigating  and  alleviating  poverty; 
improving  the  quality  of  life  of  people  with  disabilities;  and  the  development  of  social 
care services. 

The ministry is responsible for the administration and presentation to the Government of 
the  information  on  the  monitoring  of  the  implementation  of  the  National  Action  Plan  for 
the  Integration  of  Roma  and  Egyptian  Communities  2016-2020.196  The  plan’s  strategic 
goals include: facilitating opportunities for the equal use of civil registration services and 
justice  for  Roma  and  Egyptians;  Roma  and  Egyptians  are  eligible  to  full  access  and 
inclusion in qualitative education without being subject to discrimination and segregation; 
providing  equal  opportunities  for  formal  employment  for  Roma  and  Egyptians;  ensuring 
accessible,  affordable  and  equitable  healthcare  for  Roma  and  Egyptians;  and  improving 
housing conditions for Roma and Egyptians.  

191  http://www.shendetesia.gov.al/misioni-2/. 
192  http://www.shendetesia.gov.al/wp-content/uploads/2019/01/Structure-of-the-Ministry-of-Health-and-

Social-Protection.pdf. 

193  Government of Albania (2015), Social Inclusion Policy Paper 2015-2020, June 2015. 

http://www.shendetesia.gov.al/wp-content/uploads/2019/01/Dokumenti-i-Politikave-per-Perfshirje-Sociale-
2015-2020_-drafti-final.pdf. 

194  Government of Albania (2016), National Action Plan for LGBTI Persons in the Republic of Albania, 2016-
2020, March 2016. https://shendetesia.gov.al/wp-content/uploads/2019/01/Plani-LGBTI-2016-2020-
KM.pdf. 

195  Government of Albania (2015), National Strategy for Social Protection 2015-2020, approved by the Council 

of Ministers in Decision no. 1071, dated 23.12.2015. http://www.shendetesia.gov.al/wp-
content/uploads/2018/06/Strategjia_Kombetare_per_Mbrojtjen_Sociale_2015-2020.pdf. 

196  Government of Albania (2015), National Action Plan for the Integration of Roma and Egyptian Communities 

2016-2020, approved by the Council of Ministers in Decision No. 1072, dated 23.12.2015. 
http://www.shendetesia.gov.al/wp-
content/uploads/2018/06/Plani_kombetar_i_veprimit_per_integrimin_e_Romeve_dhe_Egjiptianeve_2016-
2020.pdf. 

82 

 
 
 
 
 
 
 
The  ministry  has  a  coordinating  role  in  the  implementation  of  the  National  Strategy  on 
Gender  Equality  and  Action  Plan  2016-2020.197  It  also  has  a  coordinating  role  in  the 
implementation  of  the  National  Action  Plan  for  Persons  with  Disabilities  2016-2020.198 
The plan’s strategic goals include: ensuring equal access to services and information for 
persons  with  disabilities;  guaranteeing  access  to  the  justice  system  for  all  persons  with 
disabilities;  improving  participation  in  the  labour  market  and  promoting  equal 
opportunities for decent work for persons with disabilities; providing quality and inclusive 
education  for  all  children  with  disabilities;  improving  the  quality  of  life  of  persons  with 
disabilities  by  providing  accessible  and  affordable  services/benefits  which  are  client-
focused and community-based; providing accessible, affordable and equal healthcare for 
persons  with  disabilities;  enabling  persons  with  disabilities  to  represent  their  interests 
and  to  participate  in  public  and  political  life  in  Albania;  and  creating  synergy  among 
various sectors with a view to promoting the integration of persons with disabilities in an 
inclusive, continuous and sustained fashion. 

The  thematic  group  on  social  inclusion,  within  the  structure  of  the  Group  on 
Integrated  Policy  Management  (GMIP)199  are  responsible  for  monitoring  the 
implementation of the National Policy Document on Aging 2020-2024 and Action Plan for 
its  Implementation,200  which  includes  the  following  strategic  goals:  protection,  social 
inclusion  and  appropriate  and  integrated  social  care  and  health  services  for  the  elderly; 
and  promoting  the  health  and  welfare  of  the  elderly  and  raising  public  awareness  on 
aging. This document provides for the improvement of public information on aging,  with 
a specific objective of discouraging all forms of prejudice and discrimination. 

The Minister of Justice, the Free Legal Aid Directory,201 the National Chamber of 
Advocates  and  the  relevant  courts  are  the  institutions  responsible  for  the 
enforcement of Law No. 111/2017 on legal aid guaranteed by the state.202 The Free Legal 
Aid Directory was scheduled to be set up in September 2018.203 The Law was adopted in 
the context of judicial reform, with the aim of enhancing access to justice for individuals 
with economic difficulties and for specific categories, including disadvantaged groups. The 
Law also protects foreign nationals, stateless persons and asylum seekers. The novelty of 
the  Law  is  the  exclusion  from  the  payment  of  court  fees  and  the  exemption  from  the 
obligation to prepay the fee for executing the execution order of persons benefiting from 
secondary  legal  assistance  (Article  25).  The  Law  explicitly  provides  for  victims  of 
domestic  violence, sexually abused  victims and victims  of  human trafficking, in addition 
to other categories such as child victims and juveniles in conflict with the law, persons in 
social care, persons without legal capacity to act and victims of discriminatory behaviour 
(based  on  the  decision  of  the  relevant  body,  according  to  the  legislation  in  force  for 
protection  against  discrimination)  as  beneficiaries  of  state-guaranteed  legal  aid, 
regardless  of  their  income  or  property  status.  The  People’s  Advocate  recommended  to 
the  Minister  of  Justice  and  the  Parliamentary  Committee  on  Legal  Affairs,  Public 

197  Government of Albania (2016), National Strategy on Gender Equality and Action Plan 2016-2020, October 

2016. http://www.shendetesia.gov.al/wp-content/uploads/2018/06/SKGJB-AL-web.pdf. 

198  Government of Albania (2016), National Action Plan for Persons with Disabilities 2016-2020, approved by 

the Council of Ministers in Decision No. 483, dated 29.06.2016, available at: 
http://www.shendetesia.gov.al/wp-content/uploads/2018/06/Plani_PAK_.pdf. 

199  Adopted under Prime Ministerial Order No. 157, dated 22.10.2018. 
200  Government of Albania (2019), On the adoption of the National Policy Document on aging, 2020–2024, and 
the Action Plan for its Implementation, approved by the Council of Ministers in Decision No. 864, dated 
24.12.2019. 

201  Article 36 of Law No. 111/2017 provides for the termination of the activity of the State Commission for 

Legal Aid and the creation of the Free Legal Aid Directory within three months from the entry into force of 
the Law. 

202  Law No. 111/2017 on legal aid guaranteed by the state, adopted on 14 December 2017, entered into force 

on 1 June 2018. 
http://www.qbz.gov.al/Botime/Akteindividuale/Janar%202017/Fletore%20241/LIGJ%20nr.%20111-
2017,%20date%2014.12.2017.pdf. 

203  The office was finally created after the cut-off date of this report, in accordance with Order of Prime Minister 

No. 59, dated 25.03.2019. 

83 

 
 
 
 
 
Administration  and  Human  Rights,  that  victims  of  discrimination  should  be  included  as 
beneficiaries  of  this  legal  right,  based  on  the  recommendations  of  the  European 
Commission against Racism and Intolerance (ECRI). 

84 

 
10  CURRENT BEST PRACTICES 

Over the years, the CPD has examples of best practice in dealing with hate speech based 
on  grounds  of  ethnicity,  language,  sexual  orientation  and  gender  identity,  under  the 
prohibition of harassment as a form of discrimination. In 2019, the Alliance Against Hate 
was  established  under  a  memorandum  of  cooperation  between  the  CPD,  the  People’s 
Advocate and the Audio-visual Media Authority (AMA), which have committed themselves 
to  working  together  to  promote  and  advocate  the  fight  against  hate  speech  and 
discrimination  in  Albania.  The  Alliance  Against  Hate  constitutes  a  united  approach  in 
seeking to: 

- 

- 

- 

- 

develop communication and information materials to raise awareness and promote 
diversity  and  freedom  of  expression,  including  brochures,  reports  and  campaigns 
using  public  service  announcements  so  that  they  reach  their  target  audience  and 
wider society;  
boost collaboration with strategic partner organisations and agencies with important 
roles  in  the  fight  against  discrimination,  such  as  the  Ministry  of  Education,  Youth 
and  Sports,  internet  service  providers  (ISPs),  journalist  organisations,  civil  society 
organisations, and consumer protection organisations. 
support partners in identifying effective mechanisms to combat hate speech based 
on European best practices; 
identify  mechanisms  for  the  enhancement  of  information  sharing  and  staff 
training.204 

In a 2019 press release, the Commissioner for Protection from Discrimination reacted to 
online  hate  speech  that  had  been  directed  at  compatriots.205  He  welcomed  the  State 
Police action to investigate and prosecute two cases of online hate speech concerning the 
religious beliefs of Albanians in Northern Macedonia and Kosovo206 that were made public 
in the media. The CPD reconfirmed its willingness to cooperate with institutions with the 
aim of preventing the use of discriminatory expressions that affect human dignity.207 

The  Commissioner  for  Protection  from  Discrimination  also  condemned  the  use  of  hate 
speech in repeated incidents in stadiums connected with ethnicity and race, and in insults 
made  via  social  media  against  vulnerable  groups  such  as  Roma,  Egyptians  and 
representatives of the LGBTI community. 

204  See https://www.coe.int/en/web/tirana/-/-no-hate-alliance-a-joint-approach-against-discrimination-and-

hate-speech. 

205  See https://www.kmd.al/wp-content/uploads/2019/09/Newsletter-KMD-gusht-2019.pdf. 
206  This designation is made without prejudice to positions on status, and is in line with UN Security Council 

Resolution 1244 and the ICJ Opinion on the Kosovo Declaration of Independence. 

207  More information on these cases is not available. 

85 

 
 
 
 
 
 
 
11  Sensitive or controversial issues 

11.1 Potential breaches of the directives at the national level 

There are still some outstanding issues that need to be addressed: 

-  

-  

An  amendment  to  the  LPD  is  required  to  shift  the  burden  of  proof  in  proceedings 
before  the  Commissioner  for  Protection  from  Discrimination.  As  Article  10(1)  of 
Directive 2000/78/EC and Article 8(1) of Directive 2000/43/EC require a reversal of 
the  burden  of  proof  before  a  court  or  other  competent  authority,  the  author  is  of 
the  opinion  that  expressly  providing  for  a  reversal  of  the  burden  of  proof  during 
proceedings before the CPD will guarantee full implementation of the directives. 
Amendment of Article 12 of the Code of Civil Procedure regarding the shifting of the 
burden of proof in cases of discrimination in the private sector outside employment 
is  needed  in  order  to  fulfil  the  requirements  of  the  two  directives,  as  mentioned 
above. 

11.2 Other issues of concern  

The  Law  on  protection  from  discrimination  has  to  be  amended  regarding  the  following 
issues: 

-  

-  

- 

to  provide  a  standalone  definition  of  discrimination,  which  is  not  related  to  the 
fundamental rights; 
to provide definitions of the protected grounds, such as nationality (in the sense of 
including  segregation  and 
citizenship)  and  other 
multiple/inter-sectorial discrimination;  
to  provide  procedures  regarding  the  power  to  put  conciliation  procedures  into 
practice. 

forms  of  discrimination, 

The Law on social housing should add ‘age’ to the list of protected grounds. 

The  Law  on  the  pre-university  education  system  should  include  ‘philosophical  beliefs’  in 
the list of protected grounds. 

86 

 
 
 
 
 
 
 
 
 
 
12  LATEST DEVELOPMENTS IN 2019 

12.1 Legislative amendments 

The new Law on the promotion of employment208 is aimed at increasing the employability 
of the workforce through the provision  of public services and employment programmes, 
self-employment,  and  vocational  training  (Article  2).  According  to  Article  4,  the 
beneficiaries of services provided under the Law are jobseekers and employers registered 
by  the  regional  or  local  authorities,  foreign  nationals  and  stateless  persons  residing 
legally  and  for  employment  purposes  in  Albania,  and  foreigners  who  have  obtained  the 
status of refugees and asylum seekers. The Law defines some essential concepts, such as 
special  groups, 
reasonable 
accommodation  and  appropriate  employment,  and  it  provides  for  public  employment 
policies,  active  labour  market  programmes,  passive  labour  market  programmes,  and  so 
on.  In  its  previous  legal  recommendations  for  the  draft  law  on  the  promotion  of 
employment,  the  CPD  deemed  the  measures  proposed  under  the  draft  law  to  be 
ineffective  because  of  the  proposal  to  double  the  total  number  of  employees  that  an 
employer must have before being obliged to employ a person with a disability. 

rehabilitation  of  disabled  persons, 

training  and 

Law  No. 75/2019  on  youth209  covers  the  required  actions,  mechanisms  and  responsible 
authorities  for  the  protection  and  promotion  of  young  people’s  rights  in  Albania  and 
among the young people of the diaspora, as well as for the funding of youth activities in 
the context of the right of young people to special protection by the state. The draft law 
has  been  opposed  by  some  youth  organisations,  which  have  described  the  draft  as  an 
attempt to bring civil society organisations for young people under government control at 
the  local  and  national  levels.  Furthermore,  the  President  has  not  decreed  the  law,210 
which has been again approved by the Assembly and was published in the Official Journal 
on 27 December 2019. 

The  Law on social assistance adopted in 2019211  sets  out the rules and  mechanisms for 
social assistance beneficiaries and the authorities responsible for guaranteeing this right, 
as well as the arrangements for funding and providing social assistance benefits. The Law 
supports the non-discrimination principle based on an open list of grounds: gender, race, 
colour,  religion,  ethnicity,  language,  gender  identity,  sexual  orientation,  political, 
religious  or  philosophical  beliefs,  economic,  educational  or  social  status,  pregnancy, 
parental  affiliation  and/or  responsibility,  family  or  marital  status,  civil  status,  health 
status,  genetic  predispositions,  disability,  belonging  to  a  particular  group,  or  any  other 
ground (Article 5(d)). Furthermore, Article 5(e)) of the Law provides for the principle of 
equality  and  stipulates  that  ‘social  protection  is  provided  to  every  individual  in  need, 
regardless of gender, religion, age, disability, etc’. 

12.2 Case law 

Name  of  the  administrative  institution:  The  Commissioner  for  Protection  from 
Discrimination 
Date of decision: 16.12.2019  
Name of the parties: CPD v. K.GJ. (ex officio)  
Reference number: 185 
Address  of  the  webpage:  https://www.kmd.al/wp-content/uploads/2020/01/Vendim-
Nr.-185-datë-16.12.2019-ex-officio-Gjuha-e-përdorur-nga-ana-e-K.-G-kunder-
komunitetit-LGBTI-në-media.pdf 

208  Law No. 15/2019 on the promotion of employment. 
209  Law No. 75 on youth, dated 4.11.2019. 
210  According to Article 85 of the Constitution of the Republic of Albania, the President of the Republic has the 

right to return a law for review only once. The decree of the President for the review of a law loses its effect 
when a majority of all the members of the Assembly vote against it. 

211  Law No. 57 on social assistance in the Republic of Albania, dated 18.07.2019. 

87 

 
 
 
 
 
 
 
 
Brief  summary:  The  CPD  has  dealt  ex  officio  with  a  case  of  discrimination  against  the 
LGBTI  community  by  a  parliamentarian  using  hate  speech  in  the  TV  show  ‘360  Gradë’ 
(360º)  on  Ora  News  Television.  During  the  debate  with  a  representative  of  the  LGBTI 
community,  the  parliamentarian,  among  others,  said:  ‘you  got  the  money  there  with 
some  of yours, those of your group that sponsors destruction, subsidiarity in the world, 
so you’re just diarrhoea, and you need Pampers too’.  

According to the commissioner, the ignorance of issues related to sexual orientation and 
gender identity and attitudes towards these issues come about as a result of the fact that 
they have remained invisible, unexposed and forbidden for a long time. 

On  the  basis  of  international  law  and  jurisprudence,  the  commissioner  considers  ‘hate 
speech’  against  the  LGBTI  community  to  refer  to  all  forms  of  expression  used  in  the 
media  or  on  the  internet  that  spread,  promote,  or  justify  hatred,  discrimination  or 
hostility  towards  this  community.  According  to  the  commissioner’s  argument,  the 
assessment  of  whether  certain  expressions  or  statements  shall  be  considered  ‘hate 
speech’ must be made in accordance with freedom of expression. 

The commissioner took into consideration the fact that Ora News Television is a national 
television  channel,  that  ‘360  Gradë’  is  a  programme  with  high  visibility,  and  that  its 
participants are public people. Therefore, public officials have a greater responsibility and 
should be more careful and avoid language that promotes intolerance and discrimination. 

Albanian  legislation  (the  LPD  and  Decision  No.  61/2018  on  the  Code  of  Conduct  of 
Members of the Assembly of the Republic of Albania) explicitly prohibits discrimination on 
the  grounds  of  sexual  orientation  and  gender  identity,  and  the  Regulations  of  the 
Assembly of the Republic of Albania provide for penalties in cases where these provisions 
are breached. 

The parliamentarian responded very quickly (before the CPD took any decision), posting 
an apology on his Facebook page, as well as making known his attitudes in ‘Thumb On,’ a 
programme  on  Ora  News  Television.212  In  this  situation,  the  CPD  declared  the 
administrative procedure that had been initiated ex officio to be completed, because the 
purpose and effect for which the investigative procedure was initiated had been achieved. 

Name  of  the  administrative  institution:  The  Commissioner  for  Protection  from 
Discrimination 
Date of decision: 05.12.2019  
Name of the parties: Egyptian-Roma Youth Movement v. Sh. N. 
Reference number: 181  
Address  of  the  webpage:  https://www.kmd.al/wp-content/uploads/2020/01/Vendim-
Nr.-181-datë-05.12.2019-Lëvizja-Rinore-Egjiptiane-Rome-kundër-gazetarit-Sh.-N..pdf 
Brief  summary:  The  CPD  dealt  a  complaint  from  the  Egyptian-Roma  Youth  Movement 
(LRER)  claiming  discrimination  on  the  ground  of  race  against  the  Egyptian  community 
during the TV show ‘Top show’ broadcast on 10.09.2019. 

During the  show,  one of the guests, Mr Sh. N., used discriminatory  expressions  against 
this community, saying:  ‘He would not use his cousin to hide the traces, but would find 
an  “evgjit”  [a  derogatory  term  for  members  of  the  Egyptian  community]  in  the 
neighbourhood  to  do  it.’  According  to  the  complainant,  this  reinforces  prejudice  and 
stereotypes regarding the Egyptian minority, treating them as the most insignificant part 
of society. 

212  Dealing with similar cases, the commissioner has strongly condemned the use of insulting language and 

intolerance against a particular community by individuals involved in public life. 

88 

 
 
 
 
 
 
 
 
 
Despite  respecting  the  right  of  every  individual  to  express  their  thoughts  and  opinions, 
the commissioner considered the language used as an excess of freedom, as freedom of 
expression cannot violate the dignity of others. 

The commissioner highlighted the need to prevent all forms of expression which spread, 
incite,  promote  or  justify  hatred  based  on  intolerance.  This  takes  into  account  the  fact 
that  audiovisual  media  is  viewed  by  many  people  and  that  the  programme’s  guests  are 
public persons who may influence viewers. 

The commissioner found discrimination against the Egyptian community on the ground of 
race in the form of discrimination by harassment.213 The commissioner asked Mr. Sh. N. 
to  make  a  press  statement,  distancing  himself  from  the  language  of  obvious  prejudice, 
which violates the dignity of the Egyptian community. 

Name  of  the  administrative  institution:  The  Commissioner  for  Protection  from 
Discrimination 
Date of decision: 04.03.2019  
Name  of  the  parties:  J.  H.  v.  Tirana  Municipality  and  the  Economic  Centre  for  the 
Development and Education of Children  
Reference number: 29 
Address of the webpage: https://kmd.al/wp-content/uploads/2019/05/Vendim-Nr.-29-
datë-04.03.2019-J.-H.-kundër-Bashkisë-Tiranë.pdf 
Brief summary: Through Decision No. 40/2018, the Municipal Council of Tirana defined 
some categories of persons who may benefit from kindergarten services for their children 
free of charge. These services are provided to children with orphan status, children with 
disabilities  and  children  of  families  granted  economic  assistance,  among  others.  This 
decision  does  not  include  children  from  families  belonging  to  the  Roma  or  Egyptian 
community as beneficiaries. 

For  this  reason,  the  complainant,  J.  H.,  a  member  of  the  Roma  community,  could  not 
register her child in a kindergarten as she could not afford the tariff set by the municipal 
council, due to her difficult financial circumstances. 

The commissioner brought it to the attention of the parties that Albanian legislation and 
important political documents give significant educational advantages to children coming 
from families in need or from the Roma or Egyptian communities.  

The  National  Action  Plan  for  Roma  and  Egyptian  Integration  2016-2020  contains  an 
obligation for local government institutions to create opportunities for children from these 
communities to attend kindergarten. Furthermore, the Municipality of Tirana has drafted 
the Plan for the Development of the Local Roma/Egyptian Community 2017-2020.  

The  commissioner  assessed  that  the  children  of  the  Roma  and  Egyptian  communities 
were  treated  in  an  unfavourable  manner  compared  with  other  groups,  although  the 
Municipality  of  Tirana  had  undertaken  commitments  regarding  this  category  of  persons. 
The  justification  made  by  the  municipality  that  the  children  of  the  Roma  and  Egyptian 
communities  would  become  beneficiaries  as  children  of  families  granted  economic 
assistance  does  not  stand,  however,  as  this  criterion  is  related  only  to  the  economic 
situation  of  the  beneficiaries,  while  members  of  the  Roma/Egyptian  community 
experience wider problems which hinder their integration into society. 

The CPD found substantive discrimination on the part of the Municipality of Tirana against 
a  child  from  the  Egyptian  community,  based  on  ethnicity,  in  the  area  of  goods  and 
services. The municipality, in excluding Roma and Egyptian children from the beneficiary 

213  The commissioner has taken into consideration the definition of ‘harassment’ provided by Directive 2000/78 

and the interpretation of this concept provided by the European Union Civil Service Tribunal (CST). 

89 

 
 
 
 
 
 
 
 
 
 
categories  for  free  kindergarten  services,  failed  to  make  an  exception  to  the  rule  for 
Roma and Egyptian children, even though it was aware of the current situation of these 
communities and was committed to their integration. 

Name of the court: The Judicial District Court of Tirana 
Date of decision: 22.07.2019 
Name  of  the  parties:  A.L.  and  Albanian  Helsinki  Committee  v.  Ministry  of  Health  and 
Social  Protection,  the  Mother  Teresa  University  Hospital  Centre  and  the  Compulsory 
Health Care Fund  
Reference number: 2690 
Address of the webpage: - 
Brief  summary:  The  Directorate  of  Hospital  Services  (DHS)  for  the  district  of  Mat 
repealed  the  CPD’s  Decision  No. 51,  dated  15.04.2019,  which  had  found  discrimination 
against D.O. due to their educational status and age. 

In its Decision No. 51, the CPD ascertained that: 
- 

The  complainant  was  dismissed  as  a  cashier  at  DHS  Mat  with  the  aim  of 
restructuring  the  institution  and  because  the  complainant  had  failed  to  meet  the 
higher education criteria and did not hold an economics diploma. 
It  turns  out  that  the  complainant  was  dismissed  a  year  after  the  change  of 
structure and that no higher education criterion was provided in any job description 
document.  
Moreover,  the  organisation  where  the  complainant  worked  did  not  undergo  any 
change in the number of employees, their duties or their appointments. 
The  complainant  would  have  reached  retirement  age  after  two  years  and  was 
replaced by another employee aged 26. 
DHS Mat did not bring any evidence to prove that the dismissal was for justifiable 
and objective reasons. 

- 

- 

- 

- 

CPD  has  determined  that  DHS  Mat  treated  the  complainant  in  an  unfair  and 
discriminatory manner, because of ‘educational status’ and ‘age’. 

The Court also found that D.O. had been subjected to unfair and unequal treatment. In 
its conclusion, the Court confirmed the CPD’s decision. 

Name of the court: The Judicial District Court of Gjirokastra 
Date of decision: 10.10.2019 
Name of the parties: D.Q. v. Regional Hospital of Gjirokastra  
Reference number: 506 
Address of the webpage: - 
Brief summary: In 2019, Gjirokastra District Court found discrimination by victimisation 
based on political beliefs against D.Q. and imposed a duty on the defendant (the Regional 
Hospital of  Gjirokastra) to indemnify the claimant for the non-material damage suffered 
on the basis of the psychological report, to a total value of EUR 28 771 (ALL 3 481 319). 
D.Q. had previously been subjected to discriminatory behaviour by the Regional Hospital 
by being demoted on the basis of his political beliefs.214 He had made a complaint to the 
Commissioner  for  Protection  from  Discrimination.  The  commissioner  had  found  that  the 
complainant  had  been  downgraded  at  work,  without  any  disciplinary  measures  having 
been  taken  against  him  and  contrary  to  his  educational  qualifications.  The  Gjirokastra 
Regional Hospital Directorate had not provided any justification for its actions. 

214  D.Q. is a member of the Socialist Movement for Integration, a political entity, and is the delegate elected to 
represent the members of this group in the city of Gjirokastra for the movement’s Electoral Convention. The 
Director of the Regional Hospital of Gjirokastra is a member of the Socialist Party, which currently has a 
majority in the Assembly.  

90 

 
 
 
 
 
 
 
 
Two  months  after  making  the  complaint,  the  Regional  Hospital  suspended  the 
employment relationship with D.Q. The commissioner then confirmed that D.Q. had been 
discriminated against by victimisation, based on political beliefs.215 

12.3 Cases brought by Roma and Travellers 

According to the CPD’s Annual Report 2019, structural discrimination that does not refer 
to  an  individual,  but  relates  to  a  whole  group  or  community,  continues  to  be  an  issue. 
There  has  been  an  increase  in  the  number  of  cases  in  which  complainants  claim 
discrimination  on  more  than  one  ground,  as  well  as  in  the  number  of  multiple 
discrimination  findings.  Race  is  the  one  of  the  most  common  grounds  of  discrimination 
claimed  by  complainants  (who  in  most  cases  are  people  from  the  Roma  community)  in 
the field of goods and services and in education. 

Out  of  the  33  cases  on  discrimination  on  the  ground  of  race  (usually  claimed  by  Roma 
and  Egyptians)  that  were  dealt  with  by  the  commissioner  in  2019,  discrimination  was 
found  in  13  cases.  The  People’s  Advocate  highlights  the  fact  that  housing  for  Roma 
people, who in some cases have been forcibly displaced (evicted) from their settlement, 
while state structures drag the procedures out, still remains problematic. 

215  CPD, Decision No. 81, dated 19.03.2018. 

91 

 
 
 
 
 
 
 
ANNEX 1: MAIN TRANSPOSITION AND ANTI-DISCRIMINATION LEGISLATION 

Country:   Albania 
Date:  

31 December 2019 

Title of the law: Constitution of the Republic of Albania 
Abbreviation: Constitution 
Date of adoption: 21.10.1998 
Latest relevant amendment: 22.07.2016 
Entry into force: 28.11.1998 
Web link: 
http://www.parlament.al/Files/Informacione/kushtetuta-perditesuar-2.pdf  
Grounds  covered:  gender,  race,  religion,  ethnicity,  language,  political,  religious  or 
philosophical beliefs, economic condition, education, social status, or parentage. 
Constitutional act 
Material scope: all areas of life 
Principal content: protection from discrimination, the right of People’s Advocate and the 
Commissioner for Protection from discrimination to initiate a case in Constitutional Court 

Title of the law: The protection from discrimination 
Abbreviation: LPD 
Date of adoption: 04.02.2010 
Latest relevant amendment: N/A 
Entry into force: 13.03.2010 
Web link: https://www.kmd.al/wp-content/uploads/2018/05/1508498700-broshura.pdf  
Grounds  covered:  open  list  of  the  grounds/  gender,  race,  colour,  ethnicity,  language, 
gender identity, sexual orientation, political, religious or philosophical beliefs, economic, 
education  or  social  situation,  pregnancy,  parentage,  parental  responsibility,  age,  family 
or  marital  condition,  civil  status,  residence,  health  status,  genetic  predispositions, 
disability, affiliation with a particular group or “for any other reason”. 
Civil and mainly administrative: 
Material scope: all areas of life 
Principal  content:  prohibition  of  direct  and  indirect  discrimination,  denial  of  reasonable 
accommodation, victimisation, instruction to discriminate, harassment etc.; creation of a 
specialised  body;  shift  of  the  burden  of  proof;  court  procedures,  sanctions  of 
discrimination 

Title of the law: Labour Code 
Abbreviation: LC 
Date of adoption: 12.07.1995 
Latest relevant amendment: 05.12.2015 
Entry into force: 23.08.1995 
Web link: https://qbz.gov.al/preview/799d2105-c45c-413b-bee3-e92c3138e9b0 
Grounds  covered:  gender,  race,  colour,  ethnicity,  language,  gender  identity,  sexual 
orientation,  political,  religious  or  philosophical  beliefs,  economic,  educational  or  social 
status, pregnancy, parental responsibility, parental responsibility, age, family or  marital 
status, health status, genetic predispositions, disability, living with HIV / AIDS, union or 
affiliation  with  trade  union  organizations,  affiliation  to  a  particular  group,  “or  any  other 
cause”. 
Civil law 
Material scope: employment and occupation 
Principal  content:  protection  from  discrimination,  protection  from  sexual  harassment, 
shifting of the burden of proof, reasonable accommodation, compensation 

Title of the law: Penal Code 
Abbreviation: PC 
Date of adoption: 27.01.1995 

92 

 
 
 
 
 
 
Latest relevant amendment:02.05.2013 
Entry into force: 1.06.1995 
Web link: https://qbz.gov.al/preview/a2b117e6-69b2-4355-aa49-78967c31bf4d 
Grounds  covered:  Article  on  crimes  against  humanity  (Article  74)  covers  political, 
ideological,  racial,  ethnic  and  religious  grounds;  Article  on  insulting  based  on  racist  or 
xenophobic motives through computer systems(Article 119/b) covers ethnicity affiliation, 
race,  religion;  Article  on  violation  of  equality  of  citizens(Article  253)  covers  origin,  sex, 
sexual  orientation  or gender identity, health  status, religious and political beliefs, trade 
union activity, ethnic, national, racial or religious affiliation; Article on promoting hatred 
or strife(Article 265) covers race, ethnicity, religion or sexual orientation. 
Criminal law 
Material scope: all fields covered by criminal law 
Principal  content:  crimes  against  humanity;  insulting  based  on  racist  or  xenophobic 
motives through computer systems; violation of equality of citizens; promoting hatred or 
strife 

Title  of  the  law:  On  the  Protection  of  National  Minorities  in  the  Republic  of 
Albania 
Abbreviation: Law of minorities 
Date of adoption: 13.10.2017 
Latest relevant amendment: N/A 
Entry into force: 24.11.2017 
Web link: https://qbz.gov.al/eli/fz/2017/196/23dfc0be-d3a1-4f26-8ace-9eb38a1e9237 
Grounds covered: any person due to his or her affiliation to a national minority 
Civil and administrative law 
Material scope: all areas of life 
Principal  content:  protection  from  discrimination,  the  right  to  education,  the  right  to 
goods and services, employment 

Title of the law: On the Inclusion and Accessibility of Persons with Disabilities 
Abbreviation: Accessibility of Persons with Disabilities 
Date of adoption: 24.07.2014 
Latest relevant amendment: N/A 
Entry into force: 12.09.2014 
Web link: 
http://shendetesia.gov.al/wp-content/uploads/2019/01/Ligji-nr.-93-PËR-PËRFSHIRJEN-
DHE-AKSESUESHMËRINË-E-PERSONAVE-ME-AFTËSI-TË-KUFIZUARA.pdf 
Grounds covered: disability 
Civil law: 
Material scope: all areas of the life 
Principal content: protection from discrimination, reasonable accommodation 

93 

 
 
 
 
 
Can this 
instrument be 
directly relied 
upon in 
domestic 
courts by 
individuals? 
Yes, 
theoretically 

Yes, 
theoretically 
Yes, 
theoretically 

ANNEX 2: INTERNATIONAL INSTRUMENTS 

Country:  Albania 
Date:  

31 December 2019 

Instrument  Date of 

signature  

Date of 
ratification  

Derogations/ 
reservations 
relevant to 
equality and 
non-
discrimination 

Right of 
individual 
petition 
accepted? 

European 
Convention 
on Human 
Rights 
(ECHR) 
Protocol 12, 
ECHR 
Revised 
European 
Social 
Charter 

International 
Covenant on 
Civil and 
Political 
Rights 
Framework 
Convention 
for the 
Protection of 
National 
Minorities 
International 
Covenant on 
Economic, 
Social and 
Cultural 
Rights 
Convention 
on the 
Elimination 
of All Forms 
of Racial 
Discriminatio
n 
ILO 
Convention 
No. 111 on 
Discriminatio
n 

13.07.1995  31.07.1996 

No 

Yes 

26.05.2003  26.05.2004 

No 

Yes 

21.09.1998 

14.11.2002 
Oct 

Albania  did  not 
accept: 
Article 
10,12,13,14,15
,16,17,18,23,2
7,30,31 

9, 

Ratified 
collective 
complaints 
protocol? 
No 

Accession 

8.08.1991  

No 

Yes 
17.04.2003 

Yes, 
Theoretically 

29.06.1995 

3.06.1999 

No 

N/A 

Accession 

8.08.1991 

No 

No 

Accession 

11.05.1994 

No 

N/A 

Accession 

13.03.1996 

N/A 

N/A 

Yes, 
theoretically 

Yes, 
theoretically 

Yes, 
theoretically 

Yes, 
theoretically 

94 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Instrument  Date of 

signature  

Date of 
ratification  

Derogations/ 
reservations 
relevant to 
equality and 
non-
discrimination 

Right of 
individual 
petition 
accepted? 

26.01.1990  11.12.1992 

No 

Yes 
29.05.2013 

22.12.2009  15.11.2012 

No 

No 

Convention 
on the Rights 
of the Child 
Convention 
on the Rights 
of Persons 
with 
Disabilities  

Can this 
instrument be 
directly relied 
upon in 
domestic 
courts by 
individuals? 
Yes, 
theoretically 

Yes, 
theoretically 

95 

 
 
 
 
 
 
GETTING IN TOUCH WITH THE EU 

In person 

All over the European Union there are hundreds of Europe Direct information centres. 
You can find the address of the centre nearest you at:  
https://europa.eu/european-union/contact_en.  

On the phone or by email 

Europe Direct is a service that answers your questions about the European Union.  
You can contact this service: – by freephone: 
00 800 6 7 8 9 10 11 (certain operators may charge for these calls), –  
at the following standard number: +32 22999696, or – by email via: 
https://europa.eu/european-union/contact_en. 

FINDING INFORMATION ABOUT THE EU 

Online 

Information about the European Union in all the official languages of the EU is available 
on the Europa website at: https://europa.eu/european- union/index_en.  

EU publications 

You can download or order free and priced EU publications from: 
https://publications.europa.eu/en/publications . Multiple copies of free publications may 
be obtained by contacting Europe Direct or your local information centre  
(see https://europa. eu/european-union/contact_en). 

EU law and related documents 

For access to legal information from the EU, including all EU law since 1952 in all the 
official language versions, go to EUR-Lex at: http://eur- lex.europa.eu. 

Open data from the EU 

The EU Open Data Portal (http://data.europa.eu/euodp/en) provides access to datasets 
from the EU. Data can be downloaded and reused for free, for both commercial and non-
commercial purposes. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
EUROPEAN COMMISSION 

PDF  

ISBN:  doi: 

PDF 

ISBN: 978-92-76-19811-6 doi: 10.2838/116487