Legal Framework for the Protection of LGBT Adolescents from Violence and Discrimination in the Pre-University Education System in Albania

Abstract

The Albanian Constitution guarantees equality before the law and the principle of non-discrimination to all citizens. In accordance with Article 18 of the Constitution, in early 2010, Albania approved the "Law for Protection from Discrimination."

The law extends its effects to LGBT teens in the pre-university educational system, who face on one side the dilemmas of disclosure of their sexual orientation or gender identity, while on the other hand face discrimination, violence, harassment and bulling from other teenagers, teachers or self-victimization. The law requires that central institutions, including the Ministry of Education, take steps towards the protection of human rights of adolescents and young LGBT, guaranteed by the Constitution of Albania.

In 2012 the Parliament passed the new bill "For Pre-University Education in Albania", but the protection of adolescents and youth from violence in the system found little reflection in the law. Pre-university education normative provisions contain little information on the complaint process and mechanisms that the educational system can use to protect LGBT teens from violence and discrimination. The question is whether the law on Education is in accordance with the principles of the Constitution.

The article looks into qualitative aspects of international law on human and children's rights, such as the Convention for the Rights of the Child (CRC), the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the Universal Declaration of Human Rights and the Constitution of Albania, to show the link between inter-sectionality the rights of adolescents with sexual rights for every human being and the importance of establishing effective complaint mechanisms for the protection of adolescents.