Human Rights Law at Albania
Human rights law in Albania is governed by a combination of international obligations, constitutional protections, and national legislation. Here's an overview of the key elements:
1. Constitutional Protections
The Constitution of Albania (1998) is the primary legal document ensuring human rights. Key features include:
Chapter II: Fundamental Human Rights and Freedoms – Guarantees civil, political, economic, social, and cultural rights.
Article 18–63 – Cover protections like:
Equality before the law
Right to life
Freedom of expression and association
Right to fair trial
Protection from torture and inhuman treatment
Right to education, property, and social security
Albania allows direct application of international human rights treaties and prioritizes them over conflicting domestic laws (Article 122).
2. International Human Rights Obligations
Albania is a party to several international treaties, including:
European Convention on Human Rights (ECHR) – Through its Council of Europe membership since 1995, Albania accepts the jurisdiction of the European Court of Human Rights.
International Covenant on Civil and Political Rights (ICCPR)
Convention Against Torture (CAT)
Convention on the Rights of the Child (CRC)
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
These treaties are legally binding and directly applicable in Albanian courts.
3. National Institutions
People’s Advocate (Ombudsman) – Independent institution tasked with protecting citizens’ rights against abuse by public authorities.
Commissioner for Protection from Discrimination – Ensures implementation of anti-discrimination laws.
Office of the Commissioner for the Right to Information and Data Protection – Safeguards privacy and access to information.
4. Key Challenges
Despite a robust legal framework, Albania faces several human rights issues in practice:
Judicial inefficiency and corruption
Discrimination (particularly against Roma, LGBTQ+ individuals, and people with disabilities)
Police abuse and prison conditions
Freedom of the press – Concerns about media independence and journalist harassment
5. Reforms and EU Integration
Albania’s human rights legislation is under constant reform as part of its EU accession process. The European Commission regularly assesses Albania’s compliance with Copenhagen criteria, including human rights and the rule of law.
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