Kosovo LGBT Laws

Age of Consent Legislation/Cases/References
1. National

In 1994, male homosexuality reportedly became legal in Serbia, with an age of consent of 18 for anal intercourse between males and 14 for other sexual practices.

Then, an equal age of consent of 14 was reportedly introduced on 01 January 2006, regardless of sexual orientation or gender.

It is submitted that the decriminalised Serbian law will prevail in Kosovo.

Discrimination Legislation/Cases/References
1. National

In the fall of 2004, the Assembly of Kosovo adopted and the UN Special Representative signed the Anti-Discrimination Law (ADL) [R1.1].

Article 2 of the law provides: ” … that there shall be no direct or indirect discrimination against any person or persons, based on sex, gender, age, marital status, language, mental or physical disability, sexual orientation, political affiliation or conviction, ethnic origin, nationality, religion or belief, race, social origin, property, birth or any other status” [L1.1].

L1.1 United Nations: The Anti-Discrimination Law No. 2004/3, 19 FEB 04
Homosexuality, Sodomy Legislation/Cases/References
1. National

In 1994, homosexuality was decriminalised in Serbia [R1.2].

It is submitted that the decriminalised Serbian law will prevail in Kosovo [R1.1].

R1.1 ILGA: ILGA Annual Report 1996 – Part II 1996
R1.1 ILGA: State-Sponsored Homophobia PDF 382.87kb, 15 MAY 08
Marriage Legislation/Cases/References
1. National

On 19 February 2014, at the SMU Dedman School of Law in Dallas, Texas, the President of the Constitutional Court of Kosovo, Professor Dr. Enver Hasani, stated that same-sex marriage is legally permissible in Kosovo however, societal strictures prevail [R1.1].

Article 37 of the Constitution of Kosovo addresses the issue of marriage, stating “Based on free will, everyone enjoys the right to marry and the right to have a family as provided by law”. The vague wording does not mention gender or sexual orientation and can therefore be interpreted as more inclusive [R1.1].

R1.1 Constitutional Court: Press Release 20 FEB 14