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There appears to be no legislation in place in Albania which prohibits slavery, although the Criminal Code criminalises slavery when committed as a part of human trafficking under articles 110a (adults) and 128b (minors).
There appears to be no legislation in place in Albania which prohibits institutions and practices similar to slavery, although the Criminal Code criminalises ‘forms similar to slavery’ when committed as a part of human trafficking under articles 110a (adults) and 128b (minors). Coercion into marriage is also criminalised at article 130.
There appears to be no legislation in place in Albania which prohibits servitude.
Provisions related to forced labour are found in the Constitution at article 26 which prohibits forced labour and the Labour Code at Article 8 which prohibits compulsory labour.
Provisions related to trafficking in persons are found in the Criminal Code at articles 110a and 128b.
Provisions related to forced marriage in Albania are found in the 2013 Criminal Code, which addresses coercing cohabitation or marriage at Article 130 with a potential penalty of imprisonment up to three months. The Family Code also addresses marriages entered into due to mistaken identity of one of the spouses or as a result of threats against one party at Articles 34 and 37.
Provisions requiring consent to marriage in Albania are found in the Family code, article 44 of which states that the right to request the invalidation of a marriage concluded without the free consent of one or both of the spouses belongs to either spouse whose consent was not freely given. The right to request the invalidation of a marriage concluded under threat or due to a mistake belongs only to the spouse who was threatened or operating under the mistake. A request for invalidation of a marriage based on lack of consent may not be filed after six months from the date the threat ceased to exist, or the mistake was discovered or the spouse gained their freedom, but in any case, not more than 3 years after concluding the marriage. A request for invalidation may not be filed after six months of continuous cohabitation since the time that the spouse has gained full freedom or has knowledge of the mistaken identity. Article 8 also states that marriage is concluded in front of the civil registration office clerk, upon the free consent of the future spouses.
There appears to be no legislation in Albania that prohibits servile matrimonial transactions.
Provisions related to marriage trafficking in Albania are found in the Criminal Code, which prohibits trafficking for practices similar to slavery at Article 110A, with a potential penalty of imprisonment from 8 to 15 years. Article 130 of the Criminal Code 2013 also prohibits taking abroad for marriage, with potential penalties of fine or imprisonment for up to three months.
The minimum age for marriage in Albania is 18, without differentiation by gender, as set out on Article 7 of the 2003 Family Code. Where marriages are conducted involving a person below the minimum age, the marriage is void unless the person has reached the required age or the women has given birth to a child or is pregnant, as set out on Article 39 of the 2003 Family Code. However, marriages below this age are permitted by the court when sufficient reasons exist, as set out on Article 7 of the 2003 Family Code. These exceptions are not differentiated by gender.
Eastern Europe
European Court of Human Rights
Civil
Article 26
No one may be required to perform forced labor, except in cases of the execution of a judicial decision, the performance of military service, or for a service that results from a state of war, a state of emergency or a natural disaster that threatens human life or health.
Article 49
Article 54
Article 74 Crimes against humanity
Murder, enforced disappearance, extermination, enslaving, internment and expulsion and any other kind of human torture or violence committed according to a concrete premeditated plan or systematically, against a group of the civil population for political, ideological, racial, ethnical and religious motives, shall be punishable to not less than fifteen years of or life imprisonment.
Article 75 War crimes
Offences committed by different persons at war time, such as murder, maltreatment or deportation for slave labor, as well as any other inhuman exploitation to the detriment of civil population or in occupied territory, the killing or maltreatment of war prisoners, the killing of hostages, destruction of private or public property, destruction of towns, commons or villages, which are not ordained from military necessity, are sentenced with no less than fifteen years, or life imprisonment.
Article 110/a Trafficking in adult persons
The recruitment, transport, transfer, hiding or reception of persons through threat or the use of force or other forms of compulsion, kidnapping, fraud, abuse of office or taking advantage of social, physical or psychological condition or the giving or receipt of payments or benefits in order to get the consent of a person who controls another person, with the purpose of exploitation of prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or forms similar to slavery, putting in use or transplanting organs, as well as other forms of exploitation, both within and beyond the territory of the Republic of Albania, shall be punishable by imprisonment from eight to fifteen years.
When such offence is committed against an adult female person, it shall be punishable by imprisonment of from ten to fifteen years.
The organization, management and financing of the trafficking of persons is punished with imprisonment of from seven to fifteen years.
When such offence is committed in collaboration, more than once, accompanied with maltreatment and forcing the victim to commit various actions through the use of physical or psychological violence, causing serious consequences to the health or threatening his life, is punishable by imprisonment of no less than fifteen years
When the offence as a consequence has caused the death of the victim, it is punished by imprisonment of no less than twenty years or with life imprisonment.
When the criminal offence is committed through the utilization of a state function or public service, the punishment of imprisonment is increased by (¼) one fourth of the punishment given.
Article 110/b Benefit from or use of services provided by trafficked persons
The benefit from or use of services provided by trafficked persons, or services which are subject to exploitation by trafficking, being aware that the person is trafficked, shall be punishable by imprisonment of from two to five years.
When this offence is committed against a minor, it shall be punishable by imprisonment of from three to seven years.
Article 110/c Actions facilitating trafficking
Forgery, possession, or provision of identity cards, passports, visas or other travel documents, or their retaining, removal, hiding, damaging or destruction which have served for the trafficking of adult persons, but having no knowledge of this fact, shall constitute criminal offence and shall be punishable by two to five years of imprisonment.
The same offence, when committed in complicity, more than once, or is committed by the person who has the task to issue the ID card, passport, visa, or the travel document, or has enabled trafficking of children, shall be punishable by four to eight years of imprisonment.
The same offence, when it results in serious consequences, shall be punishable by not less than five years of imprisonment.
Article 128/b Trafficking of Minors
Recruitment, sale, transport, transfer, hiding or reception of minors with the purpose of exploitation for prostitution or other forms of sexual exploitation, forced labor of service, slavery or forms similar to slavery, putting in use or transplanting organs, as well as other forms of exploitation, shall be punishable by ten to twenty years of imprisonment.
Organization, management and financing of the trafficking of minors is punished with imprisonment of from ten to twenty years.
When this crime is committed in collaboration or more than once, or is accompanied with the maltreatment and forcing of the victim through physical or psychological violence to commit various actions, or bring serious consequences to health, it is punished with imprisonment of no less than fifteen years.
When the offence as a consequence has brought about the death of the victim it is punished with imprisonment of no less than twenty years or with life imprisonment.
When the criminal offence is committed through the utilization of a state function or public service, the punishment of imprisonment is increased by one fourth of the punishment given.
Article 130 Coercion or obstruction of cohabitating, concluding or dissolving a marriage
Coercing or obstructing the initiation or continuation of cohabitation, or coercion to enter into or dissolve the marriage, shall constitute a criminal misdemeanour and is punishable with a fine or imprisonment up to three months.
Intentional request to an adult or child to leave the territory of the Republic of Albania for purposes of obliging him to enter into marriage, shall constitute a criminal misdemeanour and is punishable with a fine or imprisonment up to three months
Article 8
(1) All forms of compulsory labor are prohibited.
(2) With compulsory or forced labor is meant any job or service imposed on the individual against his/her will, threatening him/her through whatever punishment. Prohibited is the use of compulsory labor as:
a) a coercive measure or sanction against persons that have or air beliefs running contrary to the ruling political, economic and social order;
b) a method of mobilization or exploitation of labor force for the purpose of economic development;
c) a disciplinary measure at work;
d) a punishment for having participated in a strike;
e) a measure of racial, social, national or religious discrimination.
(3) The following are not considered to be compulsory labor:
a) any job or service imposed on the basis of the law on the Armed Forced of the Republic of Albania, which are designed to serve activities of purely military character;
b) any job or service imposed on the individual as a punishment determined by the court and during which the person is not put at the service of the citizens or private juridical persons, except for the cases provided for in paragraph 2 of this Article.
c) any job imposed in case of war or because of forces majeures, natural calamities, especially in case of fire, floods, starvation, earthquakes, epidemics and under all circumstances threatening life or normal living conditions of the entire population or of one part of it.
Article 53
1.Everyone has the right to marry and have a family.
2.Marriage and family enjoy special protection of the state.
3.Marriage and divorce are regulated by law.
Constitution of the Republic of Albania 1998 (Amended 2007) – Constitute Project – English (PDF)
Article 102 Sexual assault by use of force with mature/adult women
Engagement in sexual activity by use of force with adult females or between spouses or cohabitants, without the consent of either of them, shall be punishable by three to ten years imprisonment. When the engagement in sexual activity is done by use of force and with accomplices, more than once, or when the victim had serious health consequences; this is punishable by imprisonment from five to fifteen years. When the act has caused the death or suicide of the victim, it is punished with imprisonment for a term of from ten to twenty years.
Article 110/a Trafficking in adult persons The recruitment, transport, transfer, hiding or reception of persons through threat or the use of force or other forms of compulsion, kidnapping, fraud, abuse of office or taking advantage of social, physical or psychological condition or the giving or receipt of payments or benefits in order to get the consent of a person who controls another person, with the purpose of exploitation of prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or forms similar to slavery, putting in use or transplanting organs, as well as other forms of exploitation, both within and beyond the territory of the Republic of Albania, shall be punishable by imprisonment from eight to fifteen years. When such offence is committed against an adult female person, it shall be punishable by imprisonment of from ten to fifteen years. The organization, management and financing of the trafficking of persons is punished with imprisonment of from seven to fifteen years. When such offence is committed in collaboration, more than once, accompanied with maltreatment and forcing the victim to commit various actions through the use of physical or psychological violence, causing serious consequences to the health or threatening his life, is punishable by imprisonment of no less than fifteen years When the offence as a consequence has caused the death of the victim, it is punished by imprisonment of no less than twenty years or with life imprisonment. When the criminal offence is committed through the utilization of a state function or public service, the punishment of imprisonment is increased by (¼) one fourth of the punishment given.
Article 110/b Benefit from or use of services provided by trafficked persons The benefit from or use of services provided by trafficked persons, or services which are subject to exploitation by trafficking, being aware that the person is trafficked, shall be punishable by imprisonment of from two to five years. When this offence is committed against a minor, it shall be punishable by imprisonment of from three to seven years.
Article 110/c Actions facilitating trafficking Forgery, possession, or provision of identity cards, passports, visas or other travel documents, or their retaining, removal, hiding, damaging or destruction which have served for the trafficking of adult persons, but having no knowledge of this fact, shall constitute criminal offence and shall be punishable by two to five years of imprisonment. The same offence, when committed in complicity, more than once, or is committed by the person who has the task to issue the ID card, passport, visa, or the travel document, or has enabled trafficking of children, shall be punishable by four to eight years of imprisonment. The same offence, when it results in serious consequences, shall be punishable by not less than five years of imprisonment.
Article 128/b Trafficking of Minors Recruitment, sale, transport, transfer, hiding or reception of minors with the purpose of exploitation for prostitution or other forms of sexual exploitation, forced labor of service, slavery or forms similar to slavery, putting in use or transplanting organs, as well as other forms of exploitation, shall be punishable by ten to twenty years of imprisonment. Organization, management and financing of the trafficking of minors is punished with imprisonment of from ten to twenty years. When this crime is committed in collaboration or more than once, or is accompanied with the maltreatment and forcing of the victim through physical or psychological violence to commit various actions, or bring serious consequences to health, it is punished with imprisonment of no less than fifteen years. When the offence as a consequence has brought about the death of the victim it is punished with imprisonment of no less than twenty years or with life imprisonment. When the criminal offence is committed through the utilization of a state function or public service, the punishment of imprisonment is increased by one fourth of the punishment given.
Article 130 Coercion or obstruction of cohabitating, concluding or dissolving a marriage Coercing or obstructing the initiation or continuation of cohabitation, or coercion to enter into or dissolve the marriage, shall constitute a criminal misdemeanour and is punishable with a fine or imprisonment up to three months. Intentional request to an adult or child to leave the territory of the Republic of Albania for purposes of obliging him to enter into marriage, shall constitute a criminal misdemeanour and is punishable with a fine or imprisonment up to three months
Albania Criminal Code 1995 (Amended 2014) – EURALIU – English (PDF) |
Article 7 – Age for marriage
Marriage can be concluded between a man and a woman who are 18 years or older.
The court in the location where the marriage is to be concluded may, for sufficient reasons, allow marriage prior to this age.
Article 8 – The consent of the spouses
Marriage is concluded in front of the civil registration office clerk, upon the free consent of the future spouses.
Article 33
A marriage concluded without the full and free consent of one or both of the spouses is void.
Article 36
A marriage concluded by spouses without the intention of having a joint life as husband and wife is void.
Article 37
A marriage concluded as a result of a threat against one of the parties, without which the marriage would not have taken place, is voidable.
Article 39
A marriage concluded by a person not meeting the age requirements of this Code is void.
The marriage may not be declared void after the person has reached the required age, or when the woman has given birth to a child or is pregnant.
Article 44
The right to request the invalidation of a marriage concluded without the free consent of one or both of the spouses belongs to either spouse whose consent was not freely given.
The right to request the invalidation of a marriage concluded under threat or due to a mistake belongs only to the spouse who was threatened or operating under the mistake.
A request for invalidation of a marriage based on lack of consent may not be filed after six months from the date the threat ceased to exist, or the mistake was discovered or the spouse gained their freedom, but in any case, not more than 3 years after concluding the marriage.
A request for invalidation may not be filed after six months of continuous cohabitation since the time that the spouse has gained full freedom or has knowledge of the mistaken identity
Article 50- Obligation of loyalty, help and cooperation
Within marriage men and women have the same rights and obligations.
Marriage partners have a mutual obligation of loyalty, for moral and material support, and for cooperation in the interest of the family and cohabitation.
Article 53 – Obligation towards children
A marriage obligates both spouses to maintain, edify and educate their children, bearing in mind the capacities, natural predispositions and the desires of the children.
Article 54 – Contribution of the spouses
If the contribution by the spouses for marital obligations is not stipulated in the marriage contract, they shall contribute to the needs of the family in accordance with their conditions and abilities.
Article 55 – Residence of spouses
Spouses have an obligation to have a common residence.
The residence of the family shall be selected by the spouses by a mutual agreement.
In case of disagreement, either of the spouses can petition the court, which, after hearing the opinion of the spouses and, if there are any, the opinion of children older than fourteen years, shall attempt to reach a solution through settlement.
If a settlement cannot be reached the court shall devise a solution that it deems most appropriate for the needs of the family.
Article 57 – Approval by the spouse
Spouses cannot dispose of the marital residence and its property without respective approval, regardless of the existing marital property regime.
A spouse who has not given approval for a legal transaction performed by the other, related to the marital residence, can request an annulment of it within a year of receiving notice of the transaction, but no more than a year after the end of the existing marital property regime.
Article 60 – Actions taken without the approval of the spouse
Each of the spouses can perform individually, without the approval of the other spouse, legal transactions that are related to the maintenance of the family or the education of children.
Obligations incurred by one spouse are the mutual obligation of both spouses.
Mutual obligations may not be incurred for extravagant expenses, taking into consideration the lifestyle of the family, the benefits of the transaction performed, and the good faith or malicious intent of third party contractors.
Article 62 – Measures against violence
A spouse, who is subjected to violence, has the right to request that the court order as an urgent measure the removal of the spouse, that perpetrated violence, from the marital residence.
Article 63 – Retention of income
Each of the spouses can freely pursue a profession and manage their income from employment or other means, in accordance with the respective marital property regime, after contributing to the marital obligations.
Article 64 – Administration of personal property
Each of the spouses has the right to freely administer and dispose of his/her personal property, without the consent of the other spouse.
Article 73
The community property regime is applicable when the spouses have not signed a contract designating another property regime.
Article 95 – Administration of the personal wealth of the spouse
Each spouse has the right to administer and freely possess their personal wealth.
If, during the marriage one of the spouses entrusts to the other the administration of his personal wealth, the law regarding power of attorney applies.
If one of the spouses administers the personal wealth of the other, with their awareness and without objection, the consent of the silent spouse is presumed for acts related to administration and usage, except for the right of disposal. In this case, s/he is responsible towards the other spouse as their representative and is obliged to submit only the remaining profits and assets.
If one of the spouses, despite the objection of the other spouse, administers his/her personal wealth and performs actions related to it, they are responsible for any damage caused or loss of earnings. In this case, the damaged spouse has the right to request an annulment of the action, based on the criteria specified in article 94 of this Code.
Article 123
Marriage terminates with the death of one of the spouses, with a declaration that one spouse is presumed dead, or upon the dissolution of their marriage.
Article 125 – Uncontested divorce
When spouses agree on the dissolution of marriage, they submit to the court for approval, together with the request, a settlement agreement that stipulates the terms for the dissolution of the marriage.
The request can be submitted by the spouses or their respective representatives.
Article 129
Either spouse can request dissolution of their marriage when they have lived separately for a period of 3 years.
A spouse requesting dissolution of the marriage, based on the previous paragraph of this article, should specify in his/her petition the provisions for child support and alimony.
Article 132
Either spouse can request the dissolution of marriage when, due to continuous quarrels, maltreatment, severe insults, adultery, incurable mental illness, lengthy penal punishment of the spouse or due to any other cause constituting repeated violations of marital obligations, a joint life becomes impossible and the marriage has lost its purpose for one or for both of the spouses.
Article 147
The court can require one of the ex-spouses to compensate the other for the inequality in lifestyle created by the property division as part of the dissolution of the marriage, separate and apart from the obligation for alimony.
The court specifies if the contribution is to be a lump sum distribution payable immediately or whether it will be a periodic payment and shall specify the method of payment.
Article 153 – The right to use the family residence
If the family residence is owned by one ex-spouse and the other spouse does not have another appropriate residence in their usual place of abode, the court may allow the use of the residence by the non-owner ex-spouse only when:
a) that spouse has custody of the children, until they reach the age of maturity;
b) the dissolution of the marriage is requested by the spouse who owns the property based on grounds of termination of common cohabitation caused by himself/herself. In this case the right to use of the residence continues for up to 7 years, unless the tenant ex-spouse remarries, which terminates this right;
c) when a tenant ex-spouse has installed a professional work area of considerable value, that would require significant relocation expenses, in the residence owned by the ex-spouse, the right of usage is a maximum of 3 years.
In this situation the court decides the duration of use and the amount of rent that the ex-spouse should pay, in accordance with his/her income.
The court may also terminate the rental contract, if justified, based on new circumstances.
Article 154
Dissolution of a marriage does not affect the rights and obligations that parents have towards their children, except as otherwise specifically noted herein.
Article 157
The judge, in this case, takes into consideration:
a) the agreement reached between ex-spouses;
b) the opinion and feelings expressed by the minor child, taking into consideration his/her age and maturity;
c) the opinion of the psychologist or social services sector of the municipality, after they have interviewed the child.
Article 158
The non-custodial parent maintains the right to supervise the care and education of the child and consequently be informed and consulted for important choices related to the life of the child.
S/he should contribute to the care and education of the child in accordance with his/her resources and those of the other parent.
The right for visitation, based on the conditions specified by the court, cannot be refused, except for serious reasons that damage the interests of the child.
Article 199 – Obligation between spouses
A spouse, who is incapable of working and without sufficient means to live, has the right to request alimony from the other spouse.
A request for alimony should be made in the petition for the dissolution of the marriage.
This request may also be submitted within 6 months from the date the decision for the dissolution of marriage becomes final, if the conditions for the incapacity to work or insufficiency of means to live existed during the marriage.
Article 200 – Termination of support between spouses
An obligation to provide alimony, pursuant to article 199 of this Code, shall not exceed a period of 6 years after the dissolution of marriage.
This obligation may cease prior to this deadline, if the beneficiary spouse remarries, becomes capable of work, acquires sufficient means to live, or when the court, taking into consideration the circumstances, deems that the beneficiary spouse is unworthy of benefiting from this right.
Article 220
Parental responsibility belongs to and is exercised by both parents of any child born during their marriage or outside wedlock, if the child has been recognized by both parents.
Article 223 – Loss of parental responsibility
Parents of a child may lose their parental rights through a conviction for committing or collaborating in a criminal act towards their child, as collaborators in a criminal act performed by their child, or if they have been convicted of family abandonment, as long as they have failed to fulfill their family obligations.
Article 228
When a parent abuses their parental responsibility or shows grave negligence in its exercise, or by their actions create a harmful effect on the education of the child, upon request of the other parent, relatives of the child or of the prosecutor, his/her parental responsibility can be removed.
The removal of parental responsibility is completed by a court decision from proceedings where the parent is a respondent.
Article 6
At the age of eighteen, a person acquires full capacity to assume rights and bear civil liability through his own actions.
A married woman, who has not reached the age of eighteen, acquires full capacity to act through marriage. She does not lose this capacity even when the marriage is declared void or it is dissolved before she reaches the age of eighteen.