Same-sex relationships - the absence of legislative framework in the republic of Kosovo

Abstract

According to the Constitution of the Republic of Kosovo, all persons are equal before the law and no one shall be discriminated against on the grounds of sexual orientation, or any other personal status. Furthermore, the Kosovo Constitution leaves open the possibility that members of the LGBT+ community can even use their right to marry, as it provides that everyone has the right to marry and create a family. However, this provision refers to Family Law in all matters relating to marriage and divorce. On the other hand, the Family Law of the Republic of Kosovo recognizes only the marriage of two persons of different sexes. Related to this, the law provides that marriage is a legally registered community of two persons of different sexes. Moreover, the Family Law does not recognize civil unions or domestic partnerships, and these are not regulated by any special law here. In contrast to Family Law, the Criminal Law of Kosovo includes articles that protect persons of the LGBT+ community. This paper will also consider a comparative approach towards the legislative framework of other former Yugoslav States regarding same-sex relationships.