Map source: Human Rights Watch

last updated 2006

Albania's new Constitution, which came into effect in 1998, guarantees equality before the law in Article 18, which states that "all are equal before the law" as well as "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 ancestry." However, political turbulence and a rough transition to a market economy have created unstable conditions in Albania in recent years. While Albanian women have some rights before the law, these rights are not always enforced and a strong patriarchal tradition often governs societal behavior.

Domestic violence is a very serious problem in Albania in recent years. The transition to a free market has left women in a particularly vulnerable position, as they have become increasingly economically dependent on men due to a lack of jobs and social support. The 2007 Law on Measures Against Violence in Family Relations provides for the development of institutional structures to address domestic violence, special police units to respond to the crime, Orders for Protection, and the development of social services for victims. Domestic violence can also be prosecuted under the general crime of assault in the Code of Criminal Procedure. Serious intentional injury is punishable under Article 88 by 5-15 years of imprisonment. Non-serious intentional injury is punishable under Article 89 by a fine or up to 2 years of imprisonment. Other intentional harm is sentenced to a fine or up to six months of imprisonment under Article 90. Interruption of pregnancy without the woman’s consent is punishable by a fine or up to 5 years in prison under Article 93.  Article 284 states that crimes of non-serious intentional injury, as well as rape and sexual harassment, can be prosecuted only when the victim files a complaint. The Counseling Center for Women and Girls is a good resource for victims of domestic or other kinds of violence.

The "Sexual Offenses" chapter of the Criminal Code addresses rape. Article 102 establishes a punishment of three to ten years for non-consensual intercourse with adult women. If serious consequences affecting the health of the victim occur, the punishment increases to five to fifteen years' imprisonment. If the offense leads to the victim's death or suicide, the sentence increases to ten to twenty years of imprisonment. Again, Article 284 establishes that the party injured under the first paragraph of Article 102 must file a complaint to begin the prosecution.  Articles 100 and 101 address intercourse with minors. Under Article 100, intercourse with a girl younger than thirteen years of age is punishable by five to fifteen years of imprisonment. If non-consensual, the punishment ranges from ten to twenty years of imprisonment. Article 101 establishes that non-consensual sexual intercourse with a minor girl between the age of fourteen and eighteen years is punishable by five to ten years of imprisonment. In order to begin an investigation, the victim, if she is at least fourteen years of age, must file a complaint. According to the Women 2000 report, a special department has been established at police stations and in the Ministry of Public Order to deal with rape cases. Additionally, trainings are held for prosecutors and police investigating rape cases.

According to Women 2000, sexual harassment is a growing problem, despite a 1995 Penal Code amendment punishing sexual harassment. Article 105 punishes sexual intercourse through the abuse of authority or a subordinate relationship by up to three years' imprisonment.  Again, Article 284 establishes that the party injured under Article 105 must file a complaint to begin the prosecution. 

The U.S. Department of State's 2003 Country Report on Human Rights Practices report notes that Albania is both a country of origin as well as a transit country for trafficking in persons. The majority of trafficked girls and women are brought to Italy and Greece, and to some extent, other European countries such as Belgium and the Netherlands. According to the same report, 25% of trafficking victims from Albania are minors. A 2003 Human Rights Watch Report observed the following with regard to trafficking in human beings in Albania:

"Albania continues to be a major point of transit and origin in the regional web of trafficking in human beings. Most victims are women and girls trafficked for forced prostitution and children trafficked into forced labor. The Albanian government has adopted an anti-trafficking strategy and taken some steps toward combating the problem, causing the U.S. Department of State to move Albania, in its 2002 report on trafficking in human beings, up to the class of countries not yet in compliance with international standards but making significant efforts to meet the minimum standards for combating trafficking.

Progress notwithstanding, there remain many obstacles to the implementation of the government’s anti-trafficking strategy. Particularly problematic is the government’s reluctance to recognize that Albania is a major country of origin. Prosecution of traffickers is the weakest link in the system: only a small fraction of those arrested by the police were successfully prosecuted and tried. Even when traffickers are found guilty, they received prison sentences that were generally much lower than the new statutory minimum of seven years. Police corruption and the absence of a witness protection system also hinder investigations."

In January 2001, however, the Criminal Code was amended by Law No. 8733 to explicitly penalize trafficking in persons. Article 110a "Trafficking of Human Beings" penalizes trafficking with a prison sentence of five to fifteen years. If the offense is committed with an accomplice(s), has been committed before by the perpetrator, or causes serious health impairment, the minimum sentence is fifteen years. If the trafficking results in the victim's death, the punishment increases to life imprisonment. Article 114b, "Trafficking of women for prostitution" imposes a punishment of seven to fifteen years for trafficking in women for material or other gain through prostitution. When aggravating factors are present, such as complicity, maltreatment, threats, harm to health, or death, the sentence increases to a period of fifteen years to life imprisonment. Article 128b "Trafficking of children" establishes a prison sentence of ten to twenty years for offenders. This provision also increases the sentencing period to fifteen years to life imprisonment when aggravating factors are present. A report by the Council of Europe observed that prostitution is punished by a fine or up to three years' imprisonment under Article 113 of the Criminal Code. It was unclear whether the prostitute and/or the client were punished under the law. Brothel keeping is punished by a fine or up to ten years' imprisonment (Article 114), and living off of the profits of prostitution is also punishable by five to ten years' imprisonment (Article 115).

The 2003 Country Report on Human Rights Practices report observed that the lack of trafficking prosecutions is a serious setback that contributes to the problem. It also noted that the lack of a witness protection program and a general distrust of the police discourage victims of trafficking from identifying themselves and testifying. Recent governmental efforts to counter the problem include investigations by the Ministry of Public Order's Anti-Trafficking Unit of the Organized Crime Sub-Directorate and the Office of Internal Control. Additionally, the Albanian government established an Inter-Ministerial Commission on Human Trafficking in 2001. An International Anti-Trafficking Center was opened in October 2001 to monitor trafficking and aid police in investigating trafficking in the region. According to the Organization for Security and Co-operation in Europe (OSCE), the Anti-Trafficking Office and Rule of Law and the Human Rights Department recently drafted a Memorandum of Understanding between OSCE, the International Organization for Migration, the UN High Commissioner for Refugees, Albanian government bodies and other missions to create a framework on witness protection measures.

Compiled from:

Legislation in the Member States of the Council of Europe in the field of violence against women, Council of Europe, November 2002.

Women 2000: An Investigation into the Status of Women's Rights in Central and South-Eastern Europe and the Newly Independent States, International Helsinki Federation for Human Rights, 5 November 2000.

World Report 2003: Albania, Human Rights Watch.

2003 Country Reports on Human Rights Practices Report: Albania, Bureau of Democracy, Human Rights and Labor, U.S. Department of State, 25 February 2004.