Positive aspects 

8. The Committee further welcomes the laws enacted since the consideration of the last report aimed at advancing the situation of women and eliminating discrimination based on sex and gender, as well as those aimed at multiple and intersecting forms of discrimination against women, such as the new Family Code, Law No. 9062 of 8 May 2003; Law No. 9669 on Measures against Violence in Family Relations of 18 January 2006; Law No. 9970 on Gender Equality in Society of 24 July 2008, which contains a definition of discrimination against women in line with article 1 of the Convention; amendments to the Electoral Code of 29 December 2008 aimed at increasing the number of women running as candidates for national and local elections; Law No. 10221 on Protection from Discrimination of 4 February 2010, which makes Albania one of the few States parties that expressly prohibit discrimination, inter alia, on the grounds of gender, gender identity and sexual orientation; and amendments to the Penal Code with regard to trafficking in women and girls.

Harmonisation of national legislation

18. The Committee notes the efforts to reconcile the newly enacted gender equality and anti-discrimination laws, legislation previously in force and the Convention, especially in addressing multiple and intersecting forms of discrimination experienced by ethnic minority women, women with disabilities, rural women and other disadvantaged groups of women, and notes the legal basis for imposing sanctions for acts of discrimination.

19. The Committee recommends that the State party monitor the impact of the gender equality and anti-discrimination legislation, identify inconsistencies and address them, as appropriate, with a view to ensuring that the implementation of the legislation is conducive to the effective elimination of discrimination against women, especially women belonging to disadvantaged groups, such as ethnic and linguistic minority women, women with disabilities, older women, women living in rural or remote areas, migrant women, women living with HIV/AIDS and women discriminated against on the grounds of their sexual orientation and gender identity.

Disadvantaged groups of women

40. The Committee regrets that the State party lacks information about the situation of female migrant workers.

41. The Committee calls on the State party to provide information about the situation of female migrant workers and remittances received by the State party. The Committee also urges the State party to develop a safe service labour migration policy to protect the human rights of migrant women in accordance with the guidelines provided in the Committee’s general recommendation No. 26.

42. While welcoming the adoption of the Law on Protection from Discrimination, which expressly prohibits discrimination on the grounds of gender identity and sexual orientation, the Committee expresses concern about discrimination and acts of violence against women on such grounds.

43. The Committee calls on the State party to implement fully the Law on Protection from Discrimination in relation to discrimination based on gender identity and sexual orientation by providing effective protection against discrimination and violence against women on such grounds.

Link to full text of the report: Concluding Observations-CEDAW-Albania-2010-eng

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