The Assembly of the Republic of Kosovo will discuss today in the plenary session the Draft Civil Code, as a step towards unifying the mandatory, family, and inheritance law. The Musine Kokalari Institute for Social Policies expresses its concern regarding two important issues: First, the text of this Draft Code recognizes the right to engagement and marriage between a man and a woman, while it does not grant this right to persons of the same sex, to whom it only grants the right to registered civil unions. The problems arising from these provisions are multiple. There is no definition of what constitutes a “man” and a “woman” in the definitions of the articles of this code. Furthermore, this engagement or marriage union is recognized as a right between two spouses “of different sexes,” without recognizing the category of persons who are not declared as either “man” or “woman” (non-binary), as well as transgender persons.
The internal contradiction between the articles lies in the fact that the Code recognizes equal rights and obligations for cohabitation and marriage. If this is the case, then the question arises as to why marriage is only permitted between persons of different sexes, when cohabitation between persons of the same sex according to this Code carries the same rights and obligations. Another matter of concern is the fact that cohabitation between persons of the same sex will be regulated by a separate law, not recognizing such a union as a family, but rather classifying it as a distinct category. This Code is in direct contradiction with the Constitution of the Republic of Kosovo, which states that “everyone has the right to marry and the right to found a family,” recognizing this right for all citizens without gender restrictions.
The Draft Civil Code, with its limitations, denies this right. Secondly, the statements made yesterday by some deputies that they will not vote for the Draft Civil Code in the first reading precisely because of the recognition of civil unions between persons of the same sex are concerning and unacceptable. The deputies of the Republic have been elected to develop democracy in our country and to expand the rights of its citizens, not to deny them. The Musine Kokalari Institute for Social Policies condemns such behavior and calls on the deputies not only to vote for the Code but also to correct the contradictions between its articles and to recognize the full right to engagement, marriage, and family formation for all citizens without discrimination.
February 24, 2022