Civil Society Organizations, signed bellow consider that the Draft-Civil Code violates the rights to partnership (marriage or civil union) for LGBTI individuals in Kosovo.

The draft Civil Code defines marriage as a legally registered community between two spouses of different sexes. It also defines that the husband and wife have the right to marry and create a family. Further on, the Draft Civil Code provides the possibility of establishing other civil unions by special law.

Civil society organizations consider that all possible partnerships (marriage or civil unions) should be regulated by the Civil Code. This approach to regulate other forms of partnerships with special law tends to separate the right to partnership for LGBTI individuals from other citizens of Kosovo. Such an approach is a fundamental violation of the human rights of LGBTI individuals in Kosovo, and does not constitute the inclusion of the rights of Kosovo citizens.

The draft Civil Code has failed to provide legal recognition of the partnership statute of same-sex couples (civil union or marriage) and denies the right to create a family. Failure to regulate partnership for same-sex couples in the Project Civil Code is a discriminatory approach based on sexual orientation.

The Minister of Justice, Mr. Selim Selimi at the press conference states that they have been able to preserve the “traditional nucleus” of marriage, thus favoring marriage between husband and wife and discriminating against other forms of marriage or civil unions.

Kosovo’s constitution guarantees the right to marry and create a family. The Constitution of Kosovo clearly states that there is no defined sex preventing same-sex couples from marrying and creating a family. Furthermore, the Constitution of Kosovo provides other layers of protection of fundamental human rights. Article 24 of the Constitution – Equality before the law guarantees that every person enjoys the right to legal protection without discrimination, including sexual orientation as a protected basis. The Constitution allows for the direct application of the European Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols in Kosovo’s domestic legislation, and stipulates that in the event of a conflict of legal provisions, they shall prevail.