Albania: Forced marriages of women, including those who are already married; state protection and resources provided to women who try to avoid a marriage imposed on them (2010-June 2015)
1. Incidents of Forced Marriages of Women in Albania
Information on the situation of women in forced marriages in Albania who are already married was scarce among the sources consulted by the Research Directorate within the time constraints of this Response.
In correspondence with the Research Directorate, the Executive Director of the Albanian Women Empowerment Networks (AWEN), a non-profit network of eight organizations focusing on the promotion and protection of women's rights in all districts of Albania (AWEN n.d.), indicated that there has not been any research done on the subject of forced marriage in Albania, including of adult women (ibid. 30 June 2015). In correspondence with the Research Directorate, the Executive Director at the Human Rights in Democracy Centre (HRDC), "a non-governmental, non-partisan and non-profit organization aiming to work for the respect, protection and fulfilment of human rights in Albania" (HRDC n.d.), stated that forced marriages occur frequently, especially in rural areas and informal settlements; however, "real figures do not exist" regarding the incidence forced marriage, because the issue has not been studied (ibid. 30 June 2015). The same source also stated that the phenomenon of forced marriage exists, but it is underreported (ibid.). In correspondence with the Research Directorate, a representative of the People's Advocate (Ombudsman) Institution, Albania's Ombudsman, noted that they have not received complaints of "adult forced marriage" since the institution's creation in 2000 (Albania 26 June 2015).
2. Societal Attitudes
The Executive Director of AWEN stated that, "society in general does not approve [of] forced marriages" and that they are not a "widespread phenomenon" (30 June 2015). However, she also stated that it is a "well known phenomenon in the country, especially in rural and remote areas" and that girls in these areas are "very often forced into marriages because of [a] patriarchal mentality and poverty" (ibid.). The Executive Director at HRDC also noted that "forced marriages are a product of society, which nurtures it," particularly in patriarchal family structures in rural areas and informal settlements (30 June 2015). The Executive Director at HRDC explained that HRDC does periodic monitoring of court decisions of the Tirana District Court, on the issue of protection orders and divorce, and has found that "a great part of marriages are conducted through mediation [with] third parties without the consent of the wife/daughter" (HRDC 30 June 2015). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
3. Legislation
3.1 Marriage of a Woman Who Is Already Married
Article 9 of the Family Code of Albania, under "Impediments to concluding a marriage," indicates that, "a previously married person cannot conclude a marriage, unless the previous marriage has been voided or terminated" (Albania 2003, Art. 9). The Executive Director at HRDC stated that "if the adult daughter is legally married (at the Civil State's Office), her parents cannot force [her] to marry again (legally) if [she is] not divorced" (7 July 2015). In regards to the possibility of parents being able to impose a forced marriage on a woman who is already married and living with her husband, the representative at the People's Advocate (Ombudsman) Institution gave the view that "in legal terms such a thing is absolutely impossible," citing Article 9 (Albania 26 June 2015).
3.2 Family Code and Criminal Code Provisions
The Family Code of Albania states that a "[m]arriage is concluded in front of the civil registration office clerk, upon the free consent of the future spouses" (Albania 2003, Art. 8). According to the Executive Director of HRDC, marriage under "Civil Law" requires the presence of each spouse and cannot be established by third parties, such as the parents of future spouses (HRDC 30 June 2015). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
Sources indicate that Article 130, "Forcing or impeding to cohabit or divorce," of Albania's Criminal Code addresses forced marriage (HRDC 30 June 2015; Albania 1995, Art. 130). Article 130 indicates that
Forcing or impeding to commence or continue cohabitation or forcing to divorce, constitutes criminal contravention and is punishable by a fine or up to three months of imprisonment. (ibid.)
4. Implementation of Legislation
According to the HRDC Executive Director, women who are forced into a marriage have the right to file a criminal complaint to the police or the prosecutor (HRDC 30 June 2015). Further information regarding complaint mechanisms and effectiveness in cases of forced marriage could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
The HRDC Executive Director indicated that Article 130 of the Criminal Code for offences of forced cohabitation, marriage, and divorce, provides "minimum penalties for offenders (with a fine or imprisonment up to 3 months)" (HRDC 30 June 2015). The same source further noted that few forced marriage cases are submitted to court (ibid.). The source also reported that according to HRDC, for the first six months of 2015, 2 cases were brought to court and there were no such cases in 2014 (ibid.). The HRDC Executive Director further gave the assessment that "the fact that such issues are not addressed [by] the responsible bodies testifies not only to the low level of awareness that women/girls [have] but also their lack of belief in institutions responsible for tackling this problem" (ibid.). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
Further information on state protection and resources available to women who are trying to avoid a marriage imposed on them could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
References
Albania. 30 June 2015. People's Advocate (Ombudsman) Institution. Correspondence from a representative to the Research Directorate.
Albania. 26 June 2015. People's Advocate (Ombudsman) Institution. Correspondence from a representative to the Research Directorate.
Albania. 2003. Family Code of Albania. Translated by Chemonics International Inc. [Accessed 8 July 2015]
Albania. 1995. Criminal Code of the Republic of Albania. [Accessed 7 July 2015]
Albanian Women Empowerment Network (AWEN). 30 June 2015. Correspondence from the Executive Director to the Research Directorate.
Albanian Women Empowerment Network (AWEN). N.d. "About Us." [Accessed 7 July 2015]
Human Rights in Democracy Centre (HRDC). 7 July 2015. Correspondence from the Executive Director to the Research Directorate.
Human Rights in Democracy Centre (HRDC). 30 June 2015. Executive Director. Correspondence from the Executive Director to the Research Directorate.
Human Rights in Democracy Centre (HRDC). N.d. "About Us." [Accessed 7 July 2015]
Additional Sources Consulted
Oral sources: The following were unable to provide information for this Response: senior information resources specialist, International Center for Research on Women.
The following were unable to provide information within the time constraints of this Response: Associate Professor ofcriminology, University of Roehampton.
Attempts to contact the following were unsuccessful within the time constraints of this Response: Albania – Embassy in Ottawa, Ministry of Youth and Social Welfare; Balkanalysis; Civil Rights Defenders; Equality Now; Euro Partners Development; Executive Director, Vatra Psycho-Social Centre; lawyer, Center for Legal Civic Initiatives; Gender Alliance for Development Center; MADRE; Mary Ward Loreto Foundation; Medica Mondiale; Professor, School of Public Health Services, George Washington University; Tahirih Justice Center; UN – UN Women; Women Against Violence Europe ; Women's Association Refleksione; Women Without Borders.
Internet sites, including: Albania – Ministry of Youth and Social Welfare; Albanian Daily News; Amnesty International; Balkan Insight; CIA World Factbook; Civil Rights Defenders; Council of Europe; ecoi.net; Equality Now; Factiva; Freedom House; Gender Alliance for Development Center; Human Rights Watch; International Centre for Research on Women; Mary Ward Loreto Foundation; Organisation for Economic Co-operation and Development – Social Institutions and Gender Index; Tahirih Justice Center; UN – UN Women, Office of the High Commissioner for Human Rights; US – Department of State; Women Against Violence Europe; WomenAid International; Women's Association Refleksione; Womankind Worldwide.