Ombudsperson Institution in Kosovo Monitoring mechanisms and legislative and non-legislative measures

Institucioni i Avokatit të Popullit Institucija Ombudsmana Halk Avukati Enstitüsü Ombudsperson Institution  Monitoring implementation of human rights is necessary in the order to achieve overall objective-Rule of Law.  In order to adequately protect human rights of LGBT community it is necessary timely application of:  Monitoring  Investigation  Submission of evidences on cases enduring violation of human rights of LGBT community  Timely processing of these cases before the courts 2

Institucioni i Avokatit të Popullit Institucija Ombudsmana Halk Avukati Enstitüsü Ombudsperson Institution  The legal basis for protection of the rights of LGBT people is at place but is insufficient compared with the existing problem.  Monitoring mechanisms must be strengthened as much as possible  State institutions which play a key role in protection and control of application of legal standards on human rights protection are as follows  Ombudsperson (non-judicial remedy)  The Constitutional Court (legal remedy)  Offices for Protection of Human Rights within the Ministries 3

Institucioni i Avokatit të Popullit Institucija Ombudsmana Halk Avukati Enstitüsü Ombudsperson Institution  The Constitution of Kosovo,  Article 24, Equality before the Law  Paragraph 2 prohibits discrimination based on sexual orientation  Article 37, Right to Marriage and Family  Paragraph 1,``Everyone has right to marriage based on free choice of spouse and the right to have a family...``  Article 40, Freedom of Expression  Article 42, Freedom of the Media  Article 43, Freedom of Assembly  These rights may be limited by law, if it is necessary to safeguard public order, public health, national security or the protection of the rights of others. 4

Institucioni i Avokatit të Popullit Institucija Ombudsmana Halk Avukati Enstitüsü Ombudsperson Institution  Law Against Discrimination, Article 1, ``purpose of this Law is prevention and combating discrimination, promotion of effective equality and putting into effect the principle of equal treatment of the citizens of Kosovo under the rule of Law``  Family Law, Article 14, ``Marriage is a legally registered community of two persons of different sexes…``  The Criminal Code of Kosovo, Article 147, prohibits incitement to hatred, unrest and intolerance among groups in Kosovo  Gender Equality Law, Article 15.3,``the public display of any individual in a way that constitutes an insult, or degradation on gender or sexual basis is prohibited``  The Labour Law, also prohibits discrimination 5

Institucioni i Avokatit të Popullit Institucija Ombudsmana Halk Avukati Enstitüsü Ombudsperson Institution  Although guaranteed by the Constitution, human rights of LGBT persons are not respected in practice.  Compliance and enforcement of these rights depends largely on traditional understanding of social environment and traditional norms of behavior.  The right to freedom of expression and assembly is one of the problems that LGBT persons face in Kosovo.  Public gatherings of LGBT community is always accompanied by:  Protests  Disapproval  Verbal and physical attacks on LGBT persons 6

Institucioni i Avokatit të Popullit Institucija Ombudsmana Halk Avukati Enstitüsü Ombudsperson Institution  Violence on LGBT persons in Prishtina, in December 2012  The physical attacks during presentation of magazine ''Kosovo 2.0'' (regarding life and rights of LGBT persons)  The Ombudsperson has closely observed events that occurred during publication and promotion occasion of magazine ``Kosova 2.0``, as well as the violence exercised upon members of ``Libertas`` organization. 7

Institucioni i Avokatit të Popullit Institucija Ombudsmana Halk Avukati Enstitüsü Ombudsperson Institution  In press release and public statements the Ombudsperson condemned the aforementioned violation of constitutional rights, such as the right to freedom of expression, the right to public assembly and association and the freedom of media.  Those actions constitute intolerance, extreme and unacceptable action as well as violation of democracy and legal order. 8

Institucioni i Avokatit të Popullit Institucija Ombudsmana Halk Avukati Enstitüsü Ombudsperson Institution  The Ombudsman has called upon competent institutions  to act in accordance with their responsibilities and  to investigate the cases of attacks  to bring perpetrators to justice  Ombudsperson Institution has received small number of complaints on this kind of discrimination 9

Institucioni i Avokatit të Popullit Institucija Ombudsmana Halk Avukati Enstitüsü Ombudsperson Institution  Taking in consideration problems of LGBT people in space and time in which they live, with maximum respect of their opinions regarding the problems they encounter.  Resolving problems through direct dialogue between the state authorities and representatives of the LGBT organization  Provide support to NGOs and other civil society organizations engaged on investigation of violations and protect the rights of LGBT people. 10

Institucioni i Avokatit të Popullit Institucija Ombudsmana Halk Avukati Enstitüsü Ombudsperson Institution  To refrain from making statements, exposing views and information which may affect on inducement of discrimination, hatred, or worse, physical violence against LGBT people  In order to improve the status of LGBT persons it is necessary:  development of tolerance,  prevail over prejudice  continuing education at all levels 11

Institucioni i Avokatit të Popullit Institucija Ombudsmana Halk Avukati Enstitüsü Ombudsperson Institution 12 Thank you for your attention!