ALBANIA: Children's Rights in UN Treaty Body Reports

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Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp

Please note that the language may have been edited in places for the purpose of clarity.

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__________________________________________________________

UN Human Rights Committee

(CCPR/C/ALB/CO/2)                                                               

Last reported: 15 and 16 July 2013                                                                 Concluding Observations issued: 22 August 2013 

Issues raised and recommendations given:

Blood feud-related crimes: The Committee welcomes the information provided by the State party about the introduction of more severe sanctions for blood feud-related crimes in the Criminal Code. However, it remains concerned at the persistence of this phenomenon, as well as reports of inadequate implementation of the law, ineffective police investigation into such cases, and limited convictions. The Committee is particularly concerned about the difficult situation of families, including children, who have confined themselves to their homes for fear of retribution. The State party...should effectively investigate all cases of blood feud-related crimes, bring perpetrators to justice, punish them with commensurate sanctions, if convicted, and ensure that victims are adequately compensated. The State party should intensify its efforts to identify families who have confined themselves to their homes as a result of this phenomenon and respond to their needs, particularly those of children. (arts. 2, 6, 12 and 24) (para. 10).

Domestic violence: The Committee notes with regret the continuing reports of domestic violence against women and children, including corporal punishment. It is particularly concerned at reports of ineffective police investigation into complaints of domestic violence...The Committee is also concerned about the rare number of convictions and the lack of follow-up to protection orders, rendering them largely ineffective. Finally, the Committee is concerned about the lack of a sufficient number of shelters for victims of domestic violence. (arts. 3, 7 and 24) (para. 11).

Migration and asylum procedure: The Committee is concerned that the automatic detention until deportation of all persons entering the country irregularly, including minors, and the lack of adequate information and referral of asylum seekers among such persons to the asylum procedure, exposes persons in need of international protection to a high risk of refoulement. The Committee is also concerned at the poor living conditions in transit reception facilities for asylum seekers and refugees. The State party should ensure proper implementation of pre-screening procedures at the border and inside the country in order to ensure that persons in need of international protection are identified and referred to the asylum procedure, regardless of whether or not they entered the country in an irregular manner. It should refrain from detaining asylum seekers on the basis of the manner of entry into the country. It should improve living conditions in transit reception facilities. (arts. 6, 7, 9 and 10) (para. 13).

Trafficking: While taking note of the information provided by the State party that it is no longer considered a transit country for trafficking, the Committee is concerned that it remains a country of origin, mainly for trafficked women and children. The State party should reinforce existing measures to prevent and combat trafficking in persons. In particular, it should continue to identify victims of trafficking and take necessary measures to ensure that victims of trafficking are provided with medical, psychological, social and legal assistance. Protection should be provided to all witnesses and victims of trafficking so that they may have a place of refuge and an opportunity to give evidence against those responsible. (arts. 3, 8 and 24) (para. 14).

Juvenile justice: The Committee is concerned at reports that children in conflict with the law are ill-treated in police stations after arrest. It is also concerned at the lack of (a) chambers specifically designated for juveniles with specialized judges; (b) long-term rehabilitation programmes for such children; and (c) educational facilities for convicted children. The State party should effectively investigate all allegations of ill treatment of children in police stations. It should reform its juvenile justice system by (a) establishing juvenile chambers with trained judges; (b) creating long-term rehabilitation programmes with a view to facilitating the integration of those children in society after release; and (c) ensuring that imprisonment of children is a last resort and education facilities are provided for imprisoned children. (arts 7, 9, 10, and 24) (para. 15).

Roma children: The Committee is concerned about reports of lack of cooperation between the State party and the Greek authorities to establish the whereabouts of 502 Roma street children from Albania, who went missing after being arrested by Greek police for begging and who were allegedly admitted to a children’s institution in Greece between 1998 and 2002. The State party should intensify its efforts to engage with the Greek authorities with a view to finding out the truth surrounding the disappearance of those children and establishing their whereabouts. In doing so, the State party should involve the Ombudsman and relevant civil society organizations. (art. 24) (para. 20).

The Committee is concerned that...the Roma minority continues to face discrimination in accessing housing, employment, education, social services and participating in political life. The State party should: (c) Act on the Ombudsman’s recommendations on the Roma minority, particularly those relating to the education of Roma children. (arts. 2, 25, 26 and 27) (para. 23).

Institutions: The Committee remains concerned that parents, especially those living in poverty, still send their children to institutions. The Committee is concerned that living conditions in the institutions are poor; some children are reportedly the subjects of sexual abuse; others are forced into begging; and many children are homeless after leaving the institutions. The State party should: (a) shape a family policy, in close cooperation with the State Agency for the Protection of Children’s Rights, aimed at better supporting poor families and preventing the institutionalization of children; (b) intensify its measures to encourage the placement of children in alternative family-based settings; (c) regularly monitor all children’s institutions and improve living conditions therein, also through adequate allocation of resources; (d) ensure provision of social services to all children in need thereof, and protect them from all forms of exploitation. In doing so, the State party should investigate allegations of sexual and economic abuse, bring the perpetrators to justice and rehabilitate the child victims; (e) strengthen educational opportunities, including vocational training, to children deprived of a family environment, with a view to preparing them for adult life and preventing homelessness. (arts. 23 and 24) (para. 21).

----------------------------------------------------

(CCPR/CO/82/ALB)

Last reported: 19 and 20 October 2004
Concluding Observations adopted: 1 November 2004

Concerns raised:

  • Crime: While welcoming the progress made by the State party in the fight against traditional "blood feuds" and situations where potential victims, including children, do not leave their homes, the Committee is concerned about these phenomena and the lack of detailed information provided about crimes related to customary law and traditional codes (arts. 6 and 7).

    The Committee urges the State party to:

    (a) Take firm measures to eradicate crimes committed under the guise of customary law and traditional codes.

    (b) Investigate such crimes and prosecute and punish all the perpetrators. (Paragraph 12)


     
  • Infant mortality and abortion: The Committee is concerned about the high rate of infant mortality and of abortion and the apparent lack of family planning and social care in some parts of the State party (arts. 6, 24 and 26).

    The Committee urges the State party to:

    (a) Take steps to ensure that abortion is not used as a method of family planning and take appropriate measures to reduce infant mortality. (Paragraph 14)


     
  • Trafficking: While the Committee acknowledges that Albania's role has decreased as a transit route for trafficking in human beings and welcomes the legal and practical measures taken by the State party to address and combat trafficking in women and children originating from the country, it remains concerned about this phenomenon, about reports on the involvement of police and government officials in acts of trafficking, and about the lack of effective witness and victim protection mechanisms (arts. 8, 24 and 26).

    The Committee urges the State party to:

    (a) Continue to reinforce international cooperation as well as practical measures to combat trafficking in human beings, prosecute and punish perpetrators and combat trafficking-related corruption.

    (b) Provide protection to all witnesses and victims of trafficking so that they may have a place of refuge and an opportunity to give evidence against those held responsible. (Paragraph 15)


     
  • Migration: While noting the progress made in establishing registration centres, the Committee is concerned about the continuing high number of citizens who have migrated internally in recent years but were not registered at their new domicile and for this reason face problems of access to social welfare, education and other services (arts. 12 and 16).

    The Committee urges the State party to:

    (a) Take effective measures to ensure that all citizens are registered in order to facilitate and ensure their full access to social services. (Paragraph 17)


     
  • Exploitation of children: While noting the policies established by the State party, the Committee is still concerned with the abuses, exploitation, maltreatment and trafficking of children, inter alia child labour, as well as with the lack of information regarding that situation in the State party (arts. 23 and 24).

    The Committee urges the State party to:

    (a) Reinforce measures to combat abuse and exploitation of children, and establish public awareness raising campaigns regarding children's rights. (Paragraph 20)

  • Roma: While noting measures undertaken to improve the living conditions of the Roma community, the Committee is concerned that the Roma community continues to suffer prejudice and discrimination, in particular with regard to access to health services, social assistance, education and employment which have a negative impact on the full enjoyment of their rights under the Covenant (arts. 2, 26 and 27).

    The Committee urges the State party to:

    (a) Take all necessary measures to ensure the practical enjoyment by the Roma of their rights under the Covenant, by urgently implementing and reinforcing effective measures to address discrimination and the serious social situation of the Roma. (Paragraph 21)

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UN Committee on Economic, Social and Cultural Rights

E/C.12/ALB/CO/2-3

Last Reported: 6 November 2013
Concluding Observations Adopted: 29 November 2013

Concerns raised:

Discrepancies in statistics: The Committee is concerned about the discrepancies in statistics and lack of disaggregated data that would allow for an accurate assessment of the fulfilment of economic, social and cultural rights in the State party.

The Committee recommends that the State Party:

(a) Undertake regular and systematic assessments, against the clear set of indicators, as regards the level of enjoyment of all the economic, social and cultural rights by various segments of the population, including the most disadvantaged and marginalized groups;

(b) Set up a system of statistical data-collection on unemployment, poverty, sex-rates at birth, violence against children, drop-out rates and re-enrolment in education and other factors impacting the implementation of economic, social and cultural rights set forth in the Covenant, duly disaggregated by year, gender, age, urban/rural population, ethnic origin, disadvantaged and marginalized groups and other relevant criteria, and include the statistical data in its next periodic report; (para. 8)

Discrimination of marginalized and Roma: The Committee notes with concern the prevailing discrimination of marginalized children and families and the absence of systematic assessments of the progress achieved in combating discrimination faced by minority groups in the enjoyment of economic, social and cultural rights. The Committee is also concerned about the lack of progress in addressing discrimination of Roma in access to employment and housing, as conceded by the State party, and the fact that the nationally agreed priorities regarding the situation of Roma are not often implemented at the local level (arts. 2, 6 and 11).

The Committee recommends that the State party adjust the Social Inclusion Strategy, including the provision of a specific budget, together with indicators and targets, to provide social services, health care and education to the most marginalized children and families and that it evaluate the impacts, achievements and challenges of the many integration measures taken to combat discrimination faced by minority groups in the enjoyment of economic, social and cultural rights. The State party should also take further measures to overcome prevailing discrimination of Roma in access to employment and housing and ensure that the nationally agreed priorities on Roma are duly communicated to the local authorities to be effectively sustained. (para. 12)

Birth registration and personal identity documents: The Committee is concerned that the lack of birth registration and personal identity documents among Roma and Egyptian children, in particular those who have migrated, limits their access to the enjoyment of economic, social and cultural rights (arts. 2, 9, 12, 13 and 14).

The Committee recommends that the State party guarantee access of Roma and Egyptians to procedures for birth registration and personal identity documents through steps such as exempting families who are marginalized and living in poverty from payment of fees for birth registration and identity documents. In this regard, the Committee also draws the State party’s attention to its general comment No. 20 on non-discrimination in economic, social and cultural rights. (para. 13)

Child labour: The Committee is concerned about the high proportions of children below the legal age for employment established by the State party - of 15 years who work in hazardous conditions in areas such as mining, construction or agriculture. The Committee is especially concerned about the reports of children, many of which are Roma, who work in the streets and are particularly marginalized and exposed to exploitation (art. 10).

The State party is urged to strengthen the monitoring mechanisms for child labor, in particular by adapting the State Labor Inspectorate to detect cases of the worst forms of child labor, including by street children. The State party should also enhance prevention and reintegration programs that focus on family empowerment and elimination of the economic exploitation of children and develop positive parenting programmes for marginalized communities that raise awareness on protecting children from different forms of abuse and exploitation. In this respect, the State party should take further measures to ensure that legislation protecting children against economic and other exploitation is rigorously enforced and the violations thereof sanctioned, and adjust the mechanisms to guarantee their right to education. (para. 24)

Children with disabilities: The Committee expresses its concern about prevailing stigmatization and discrimination of children with disabilities and their limited access to services, often due to lack of collaboration among professionals and government bodies as well as lack of physical accessibility. The Committee also notes with concern the absence of preventive, early identification and reporting mechanisms of abuses of children with disabilities (arts. 2 and 10).

The Committee recommends that the State party expand its child protection system for procedures to identify, refer and manage cases of children with disabilities, recognizing their higher risk of being abused, stigmatised or discriminated. The State party should take additional measures to enhance access of children with disabilities to services, requiring improved collaboration among professionals and government bodies and adequate transport facilities. (para. 25)

Orphans: The Committee is concerned that the Law on Status of Orphans guarantees only limited assistance and support to children during the transition from state institutions to an independent adulthood and that the age limit for leaving State institutions, which has been increased to 18 years according to the State party, is not systematically observed (art. 10).

The Committee urges the State party to amend the Law on Status of Orphans to guarantee adequate assistance and support to children during the transition from State institutions to an independent adulthood and ensure that children are supported and leave the State institutions upon completion of maturity – at 18 years. (para. 26)

Violence against children: While noting the improvements to the legislative framework, the Committee expresses its serious concern at the recent survey pointing to the prevalence of psychological violence against children, sexual abuse as well as of physical violence in the family. The Committee is also concerned at the lack of access to Child Protection Units, in particular in rural areas, to refer abuses and seek support, and the lack of budget for the existing Child Protection Units to operate efficiently (art. 10).

The Committee urges the State party to take legislative, policy and institutional measures to prevent and counter psychological violence against children, sexual abuse as well as physical violence in the family. In this respect, the Committee also urges the State party to secure adequate access to Child Protection Units, in particular in rural areas, to refer abuses and seek support and to provide adequate budget to the existing Child Protection Units to operate efficiently. (para. 27)

Child trafficking: The Committee is seriously concerned at the high incidence of child trafficking, including to neighbouring countries, and the subsequent exposure of children to abuse, exploitation and lack of access to education and housing (art. 10).

The Committee urges the State party to develop specific preventive programs focusing on the families which are at risk of engaging their children in trafficking and provide adequate assistance to the child victims, including re-enrolment in school and adequate shelter. The Committee also urges the State party to take effective measures to prosecute those who engage or collaborate in the trafficking of children or subsequent abuse and exploitation, and to organize far-reaching public awareness campaign.

Forced Eviction: The Committee is concerned about the recent incidents of forced evictions and demolition of Roma and Egyptian’s irregular settlements, leaving families with children without any alternative housing, compensation, protection, education or health services (arts. 11, 12, 13 and 14).

The Committee urges the State party to take urgent measures to consult affected Roma and Egyptian communities throughout all stages of evictions, to ensure due process guarantees and compensation and to provide in particular for adequate alternative accommodation, taking into account the Committee’s General Comments No. 4 and 7 on the right to adequate housing and forced evictions. The Committee also recommends that the State party prohibit forced evictions in the domestic legislation. (para. 29)

Health care: The Committee is concerned about the inadequate budgetary allocation to the health care and the limited access to health services in particular in rural areas, the high infant mortality and the absence of information on sexual and reproductive health as part of the education curricula (art. 12).

The Committee recommends that the State party undertake the necessary measures to improve its health care and services, by, inter alia, increasing the budgetary allocations to the health sector and extending health services to rural areas. The State party should continue addressing high infant mortality and provide for sexual and reproductive health in the education curricula, and report on the progress in the enjoyment of the right to health in the next periodic report, taking into account the Committee’s general comment No. 14. (para. 32)

Sex-selective abortions: The Committee is concerned about the distorted sex-ratio at birth and its possible linkage to sex-selective abortions due to discrimination against women, including in inheritance, and son preference (arts. 3 and 12).

The Committee recommends that the State party take steps to prevent sex-selective abortions, including by minimising unsafe abortions and reducing the recourse to abortion through expanded and improved family planning services. The Committee further recommends that the State party collect reliable data on sex-ratio at birth, prevent all forms of discrimination against women, including in inheritance, and address customary practices as well as patriarchal and stereotyped attitudes. The Committee recommends that the State party also ensure enhanced education and awareness-raising about gender equality to the general public. (para. 33)

School drop out rates: The Committee remains concerned about the lack of measures to effectively address the higher drop-out rates of girls from primary education as compared to boys, disproportionately affecting Roma children. The Committee is also concerned about the limited effectiveness of the measures to keep Roma in school (arts. 13 and 14).

The Committee recommends that the State party undertake to eliminate the high drop-out rates of girls from primary education, in particular of Roma children. The Committee also recommends that the State party continue taking effective measures to keep Roma attending school, and increasing school attendance at the secondary level, inter alia, through the grant of scholarships, provision of schoolbooks and the reimbursement of expenses for travel to attend school and recruiting additional school personnel from among members of the Roma community. (para. 34)

Minority rights: The Committee regrets the reportedly limited access to education in minority languages in public schools and lack of steps taken to preserve, protect and promote minority languages and cultures (arts. 13, 14 and 15).

The Committee requests the State party to take measures to ensure access to education in minority languages in public schools as well as to preserve, protect and promote minority languages and cultures as part of cultural diversity and heritage. The Committee encourages the State party to consider increasing the budget allocated to cultural development and participation in cultural life in line with article 15 of the Covenant. (para. 35)

 

(E.C/12/ALB/CO/1)

Last Reported: 15 and 16 November 2006
Concluding Observations Adopted: 22 November 2006

Concerns Raised

  • Minimum wage: The Committee is concerned that the current minimum wage, applicable only to the public sector, is insufficient to provide an adequate standard of living for workers and their families. The Committee is further concerned about the absence of a legal minimum wage in the private sector.

    The Committee urges the State party to:

    (a) Introduce a legal minimum wage that is applicable to all workers irrespective of their employment in the private or the public sectors.

    (b) Establish an effective system of indexation and regular adjustment of the minimum wage to the cost of living and to ensure that the minimum wage enables workers and their families to enjoy an adequate standard of living, in accordance with article 7 (a) (ii) of the Covenant. (Paragraphs 24 and 53)

  • Child labour: The Committee, while noting that the Labour Code prohibits employment of persons under 16 except for light labour, notes with concern the high percentage of children below the age of 16 who work, sometimes in hazardous conditions. The Committee is particularly concerned about children, many of them Roma, who work in the streets and are particularly vulnerable to exploitation.

    The Committee urges the State party to:

    (a) Take all necessary measures to ensure that legislation protecting minors against economic and social exploitation and their right to education are rigorously enforced, and that employers are duly sanctioned in cases of violation. (Paragraphs 25 and 54)

  • Domestic violence: The Committee is gravely concerned about the pervasiveness of domestic violence and other forms of abuse and ill-treatment against women and children in the State party, which often go unreported. While welcoming the information that a draft law on domestic violence is being prepared by the Parliament, the Committee remains concerned about the absence of a coherent strategy to support victims of domestic violence.

    The Committee requests the State party:

    (a) Provide in its next periodic report detailed information on the extent of domestic violence, and the legislative measures and policies adopted by the State party to address that phenomenon, including facilities and remedies provided for victims.

    (b) Adopt, without delay, the law on domestic violence.

    (c) Undertake information campaigns in order to increase public awareness and to provide training to law enforcement officials and judges on the serious and criminal nature of domestic violence.

    (d) Allocate resources to ensure that crisis centres are available where victims of domestic violence can obtain safe lodging and necessary assistance. (Paragraphs 28 and 57)

  • Infant mortality: The Committee is concerned about the very high incidence of infant and maternal mortality, and the prevalence of illegal abortions.

    The Committee urges the State party to:

    (a) Allocate sufficient resources to ensure that reproductive health services and education, as well as adequate perinatal and postnatal healthcare services are available and fully accessible to women and girls, including those in rural areas. (Paragraphs 34 and 63)

  • Education: The Committee regrets the lack of sufficient information regarding the quality of education in the State party in line with the Committee's general comment No. 13 on the right to education, albeit welcoming information on the planned reform of the educational system. The Committee is particularly concerned about: the decreasing budget allocation for education and its impact on the quality of education; the poor infrastructure in schools; and the low salaries for teachers. The Committee also regrets the lack of specific information provided by the State party about measures taken to address the situation of children in rural areas and children prevented from attending school due to threats of "vendetta" violence. The Committee is further concerned about the increasing predominance of private educational service providers and the consequent negative implications for access to education by lower- income groups.

    The Committee urges the State party to:

    (a) Take all necessary measures to allocate the required resources to improve the quality of education offered in schools at all levels, in line with the Committee's general comment No. 13 on the right to education.

    (b) Conduct: a re-examination of the functions and quality of the public education system relative to private education, with a view to strengthening the former and easing the burden on low-income groups imposed by the latter; a study of accessibility of schools at all levels and specific actions to be taken to ensure equal and safe access by all sectors of society. (Paragraphs 36 and 66)

    The Committee is also concerned that a high percentage of Roma children, especially girls, are not enrolled in school, or drop out at a very early stage of their schooling, despite the measures undertaken by the State party to increase educational opportunities for them, including the "Second Chance" Project.

    The Committee urges the State party to:

    (a) Continue to take effective measures to increase school attendance by Roma children, especially girls, including at the secondary level, including, inter alia, through the grant of scholarships and the reimbursement of expenses for schoolbooks and of travel expenses to attend school, and recruiting additional school personnel from among members of the Roma community. (Paragraphs 38 and 68)

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UN Committee on the Elimination of Racial Discrimination

(CERD/C/ALB/CO/5-8)

Last Reported: 22 and 23 August 2010
Concluding Observations Adopted: 1 September 2011

Concerns Raised

  • Roma: The Committee reiterates its concern about allegations that members of the Roma minority, especially the young, face ethnic profiling and are subjected to ill-treatment and improper use of force by police officers. It regrets the absence of specific information in this regard by the State party. (art.5)

    The Committee urges the State party to:

    (a) Take measures to halt such practices and to increase law enforcement officials' sensitivity to human rights and training in matters involving racial discrimination. (Paragraph 15)

  • Education: While commending the efforts undertaken by the State party in the area of education for minorities, including the provision of education in their languages and courses on their native languages, the Committee regrets that effective enjoyment of the right to education is not guaranteed for all children from minorities and other vulnerable groups, many of whom do not have access to education in their own language. (art.5)

    The Committee encourages the State party to:

    (a) Step up its efforts to ensure effective access to education of children belonging to minority groups.

    (b) Provide detailed information in its next periodic report, including disaggregated statistics, on enrolment in primary, secondary and higher education of members of minorities and other vulnerable groups. (Paragraph 16)

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UN Committee on the Elimination of Discrimination against Women

CEDAW/C/ALB/CO/4

Concluding observations adopted: 22 July 2016

Stereotypes and harmful practices: The Committee notes the State party’s efforts to combat discriminatory gender stereotypes and harmful practices by launching awareness raising campaigns. However, it remains concerned that such stereotypes and practices remain prevalent. The Committee is particularly concerned about the persistence of harmful practices such as child marriage, families choosing husbands and payment of a bride price or dowry, which remain prevalent in rural and remote areas and among minority communities. It further notes with concern the re-emergence of concepts of justice (kanun) and codes of conduct that condone killings of women and girls in the name of so called “honour” (para 20).

The Committee recommends that the State party continue its efforts, including awareness-raising, to address gender stereotypes that perpetuate discrimination against women by developing a wide-ranging strategy across all sectors to eliminate discriminatory stereotypes and promote positive non-stereotyped images of women. With reference to Joint General Recommendation/General Comment No. 31 of the Committee on the Elimination of Discrimination against Women and No. 18 of the Committee on the Rights of the Child on harmful practices (2014), the Committee further recommends that the State party prohibit all harmful practices, including child marriage, the practice of families choosing husbands as well as killings or other crimes committed in the name of so called “honour”, and prosecute and adequately punish the perpetrators of such practices (para 21).

Education: The Committee commends the State party’s efforts in improving girls’ access to education, namely by adopting the National Plan for Zero Abandonment for 2009-2013. However, it remains concerned that girls’ school enrolment remains lower than that of boys and that the dropout rate among girls, especially girls from minority groups, at the secondary level of education, remains disproportionately high. It also notes with concern the limited access to education for Roma and Egyptian girls and girls with disabilities as well as children living in rural and remote areas due poor school infrastructures and lack of teachers. Furthermore, the Committee is concerned about gender segregation and women’s concentration in traditionally female-dominated fields of study at the university level (para 28).

The Committee recommends that the State party continue its efforts aimed at reducing the dropout rates among girls, especially Roma and Egyptian girls, and provide access to compulsory and mainstream education to all girls and boys, including those belonging to minority groups, girls and boys with disabilities and girls and boys living in rural and remote areas, including by enhancing school infrastructures, teacher training and other human, technical and financial resources. The Committee further recommends that the State party encourage young women to choose non-traditional fields of study and career paths that are traditionally male dominated (para 29).

Health: The Committee is concerned about the increasing number of mother to child transmission of HIV/AIDS, despite the preventive programmes adopted by the State party. The Committee recommends that the State party take all necessary measures to: Promote access for women and girls in rural and remote areas and Roma and Egyptian women to primary health care and sexual and reproductive health care services and include age-appropriate education on sexual and reproductive health and rights in all school curricula; Strengthen its efforts to prevent mother to child transmission of HIV/AIDs through regular screening, early diagnosis and free distribution of anti-retroviral medicines (paras 32, 33).

Economic and social benefits: The Committee welcomes the 2014 amendment of the Law on Social Assistance and Social Services which provides for social assistance to be paid directly to women. Nevertheless, the Committee notes with concern the limited implementation of these laws and policies, in particular at local level and as regards women and girls belonging to disadvantaged or marginalized groups (para 34).

The Committee recommends that the State party: Strengthen its mechanisms for effective implementation and monitoring of the implementation of the legislation on social assistance and policies in all 61 municipalities, including by enhancing their capacity, with regard to delivery of social assistance services and economic empowerment of women, in particular those belonging to disadvantaged and marginalized groups (para 35).

Rural women: The Committee is concerned about the significant disparities in access to basic services such as education, employment, health care and as well as participation in decision-making of rural women, especially those living in remote mountainous areas in the State party, as compared to their urban counterparts. The Committee is particularly concerned about the revival of patriarchal attitudes in rural areas, often resulting in gender-based violence. The Committee recommends that the State party: Implement a comprehensive strategy to ensure that rural women and girls and women and girls living in remote areas have equal access as their urban counterparts to quality education, employment and health care as well as to decision-making processes and economic empowerment; Take measures to change traditional perceptions about the roles of women and girls in the family and in the society to counter growing patriarchal attitudes in rural areas (paras 36, 37).             

Disadvantaged groups of women: The Committee is concerned about the continuous discrimination against and lack of appropriate legislation or measures for protection of women and girls belonging to disadvantaged and marginalized groups, Roma and Egyptian women, women with disabilities, migrant women, lesbian, bisexual and transgender women, women in detention, secluded women, and asylum seeking women, in particular as regards their access to education, health, employment, housing and participation public and political life as well as lack of appropriate legislation. The Committee recommends that the State party adopt targeted laws, policies and programmes to ensure equal rights to women belonging to disadvantaged and marginalized groups (paras 38, 39).   

Marriage and family relations: The Committee is seriously concerned about the practice of child marriage, especially among the Roma and Egyptian communities, often authorized by court decision as an exception to the minimum age of marriage of 18 years. Furthermore, the Committee is concerned about secluded women and girls who live in isolation imposed as a result of blood feuds for lengthy periods of time and about their extremely limited access to education, health care, participation in public and political life and freedom of movement.

The Committee recommends that the State party strictly prohibit child marriages, allowing only very limited and clearly defined exceptions where the courts may authorize unions under the age of 18 years with the consent of both partners, criminalize violations of such prohibition, and raise awareness among children, parents, community and religious leaders and the general public on the negative impact of child marriages on the health and development of children, in particular girls; and strengthen the investigation on cases of secluded women and girls and take measures to support their situation (paras 41, 42).

 

(CEDAW/C/ALB/CO/3)

Last Reported: 26 July 2010

Concerns Raised

  • Marriage traditions: The Committee commends the State party for having a new Family Code that fully integrates gender equality standards regarding family relations, but nevertheless remains concerned about the limited measures it has taken to challenge the harmful marriage traditions that violate the rights of women and girls under the Convention, including child marriages, the practice of the family choosing the husband and the payment of a bride price or dowry, which remains prevalent in rural and remote areas of the country and among minority communities.

    The Committee recommends that the State party:

    (a) Continue its efforts to address gender stereotypes that perpetuate discrimination against women.

    (b) Develop a more comprehensive and wide-ranging strategy across all sectors to eliminate stereotypes, working with a broad range of stakeholders, including women's and other civil society organisations, the media and the private sector, and specifically targeting rural areas and the minority communities in respect of family relations.

    (c) Encourage the media to project positive non-stereotyped images of women and of their equal status and role in the private and public spheres.

    (d) Take concrete steps to eliminate customary laws and traditions that discriminate against women. (Paragraphs 24 and 25)

  • Trafficking and prostitution: The Committee remains concerned about gaps in the implementation of legislation and strategies, the low number of criminal convictions for trafficking in women, the failure to effectively protect victims of trafficking as witnesses and the lack of compensation for victims. It is also concerned about re-trafficking of victims and internal trafficking in women, as well as about the lack of effective preventive measures. The Committee reiterates its specific concern, contained in its previous concluding observations (see A/58/38, para. 70) that prostitutes and victims of trafficking remain subject to criminal punishment under the Penal Code.

    The Committee urges the State party to:

    (a) Ensure that offenders who commit either cross-border or internal trafficking are prosecuted and punished.

    (b) Guarantee free legal aid to victims of trafficking and apply witness protection laws.

    (c) Amend the Penal Code to the effect that victims will not be subjected to criminal prosecution and punishment and that internal trafficking will also be covered under the criminal offence of trafficking in human beings.

    (d) Strengthen preventive measures, including educational opportunities for disadvantaged groups of women, including teenage girls and girls belonging to linguistic or ethnic minorities.

    (e) Introduce, where lacking, exit programmes, including social support, rehabilitation and reintegration measures, for trafficked women and girls, so as to diminish the chances of women and girls becoming victims of re-trafficking.

    (f) Provide victims of trafficking with access to adequate health care.

    (g) Improve its monitoring system, as well as the evaluation of the phenomenon of cross-border and internal trafficking in women, with a view towards more effective implementation of anti-trafficking legislation, policies and measures.

    (h) Amend its Penal Code so that prostitutes are not criminally prosecuted and punished, and to provide adequate support programmes for women who wish to leave prostitution.

    (i) Provide in its next periodic report comprehensive information and data on trafficking in women, including on the progress made. (Paragraphs 28 and 29)

  • Education: The Committee expresses a number of concerns in relation to the education of girls in rural or remote areas and girls belonging to linguistic or ethnic minorities. Such concerns relate to the high dropout rate from schooling, especially at the secondary level, resulting from early marriages, traditional sex-role stereotypes, lack of means of transportation, secondary costs of education and involvement in economic activities, indicating poverty as a strong predictor. The Committee also expresses concern about the lack of comprehensive data on the rate of enrolment of Roma women and girls, as well as women and girls with disabilities, at all levels of education, which is an impediment for the State party in assessing their situation with a view to improving it. The Committee is also concerned about the low level of representation of women in senior management positions in educational institutions at the primary, secondary and tertiary levels.

    The Committee recommends that the State party:

    (a) Continue raising awareness of the importance of education for the empowerment of women and that it take concrete comprehensive measures to overcome traditional attitudes and other obstacles to the education of girls and women.

    (b) Intensifying efforts to promote the access of girls and women living in rural or remote areas, including minority girls and women, to education and their retention at all levels of education.

    (c) Enhance temporary special measures currently in place in the form of quotas, in order to ensure the representation of women in high-level positions in universities and other educational institutions.

    (d) Include, in the next periodic report, comprehensive data and information on the educational situation and opportunities of disabled women and girls, as well as those belonging to ethnic and linguistic minorities, particularly Roma women and girls. (Paragraphs 30 and 31)

  • Health: The Committee is concerned about the unequal access to health care for women and men in rural compared with urban areas, in particular in relation to family planning services and reproductive health, with the overall rate of use of modern contraceptives remaining very low. The Committee is further concerned about the rise in the number of women infected with HIV/AIDS, mother-to-child transmission, the limited availability of antiretroviral drugs in rural areas and the lack of information and data on whether antiretroviral drugs are available free of charge for intravenous drug users and sex workers.

    The Committee calls upon the State party to:

    (a) Take all necessary measures to improve women's access to health care and health-related services, within the framework of the Committee's general recommendation No. 24, and especially to address the unequal access of women and men in rural compared with urban areas of the country, and to step up efforts in relation to women and girls belonging to linguistic and ethnic minorities.

    (b) Strengthen and expand efforts to raise awareness about access to affordable contraceptive methods throughout the country and to ensure that women in rural areas and women belonging to linguistic and ethnic minorities do not face barriers in accessing family-planning information and services.

    (c) Promote and target sex education at adolescent girls and boys, with special attention to the prevention of early pregnancy, especially in rural areas and for women belonging to linguistic and ethnic minorities, and the control of sexually transmitted infections, including HIV/AIDS, especially with a view to preventing mother-to-child transmission of the virus.

    (d) Increase efforts aimed at countering discrimination against and stigmatisation and social exclusion of women living with HIV/AIDS. (Paragraphs 34 and 35)

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UN Committee against Torture

CAT/C/ALB/CO/2

Last reported: 8 / 9 May 2012
Concluding Observations issued: 26 June 2012

Issues raised:

Violence: While welcoming the Law no. 9669 of 18 December 2006 ‘On measures against violence in family relations’ prompting the establishment of appropriate police structures, protection mechanisms for victims of family violence and series of training activities, and noting the adoption of the national ‘Strategy on Gender Equality and Reduction of Violence on Gender Base and Violence in the Family’ on 16 June 2011, the Committee expresses concern about the absence of specific criminal offences punishing violence against women that would consider marital rape and domestic violence as specific penal offences. The Committee is also particularly concerned by the high incidence of violence against children in the family and schools, and the public acceptance of corporal punishment of children (arts. 2 and 16). Para 14.

The Committee urges the State party to:

(a)     Prepare and adopt, as a matter of priority, a comprehensive legislation on violence against women that would establish marital rape and domestic violence as specific penal offences;

(b)     Adopt the new draft law against violence against children at schools, prohibit corporal punishment in all settings, including home and alternative care settings and hold the perpetrators of such acts accountable;

(c)      Take measures at all levels of the government to ensure public awareness of the prohibition and harm of violence against children and women in all sectors.

 

While noting the update on the situation, status and documentation of nine former Guantánamo inmates and their children, received by Albania, the Committee notes with concern the absence of information about the criteria for requesting and granting diplomatic assurances, including an indication if such assurances could serve to modify a conclusion of a risk of torture upon return to the country of origin. (art. 3). Para 19.

The Committee recommends that the State party refrain from seeking and accepting diplomatic assurances, both in the context of extradition and deportation, from the State where there are substantial grounds for believing that a person would be at risk of torture or ill-treatment upon return to the State concerned, and desist from returning a person to the country of origin where there is a risk of torture or ill-treatment.

 

Abuse in social care settings: The Committee is concerned at the prevalence of limited data on the investigation of torture and ill-treatment and unlawful use of force by the police. The Committee is particularly concerned at the lack of effective investigation of torture and ill-treatment due to the involvement of the Ministry of Interior Affairs in investigation of alleged violations by its subsidiary units, in contravention of a principle of impartiality. The Committee is also concerned about the absence of information whether the investigations into the fatal shooting of three demonstrators by the police during anti-government protests in Tirana in January 2011 have been carried out promptly, independently and thoroughly. The Committee thus reiterates its concern at the absence of independent and effective investigations into the allegations of torture and ill-treatment by law enforcement officials and lack of accountability of the perpetrators. The Committee is further concerned about the lack of investigation into the reported incidents of ill-treatment of children in social care settings (arts. 12, 13 and 16). Para 21.

The Committee recommends that the State party:

(a)     Take all appropriate measures to ensure that all allegations of torture and ill-treatment by the police are investigated promptly and thoroughly by independent bodies, with no institutional or hierarchical connection between the investigators and the alleged perpetrators among the police, and prosecute those responsible and take all measures to ensure that impunity does not prevail, as recommended in the context of the universal periodic review of Albania;

(b)     Provide the Committee as a matter of priority with information on the investigations into the fatal shooting of three demonstrators by the police during anti-government protests in Tirana in January 2011, to be carried out promptly, independently and thoroughly;

(c)      Compile accurate data on the investigation of torture and ill-treatment and unlawful use of force by the police and update the Committee thereon;

(d)     Ensure effective investigation into the reported incidents of ill-treatment of children in social care settings.

 

Roma street children: The Committee is concerned about information that502 out of   661 Albanian Roma street children went reportedly missing following their placement during 1998-2002 in Aghia Varvara children’s institution inGreece. The Committee is particularly concerned about the lack of effective efforts by the authorities of the State party to prompt effective investigations into cases of so called disappearance of Roma children by the relevant authorities ofGreece (arts. 2, 11, 12 and 14). Para 24.

The Committee urges the State party to immediately engage with the Greek authorities with a view to promptly creating an effective mechanism to investigate these cases in order to establish the whereabouts of the missing children, in cooperation with the Ombudsmen of both countries and relevant civil society organizations, and identify disciplinary and criminal responsibilities of those involved, before the charges may become time-barred.

              

 

(CAT/C/CR/34/ALB)

Last Reported: 10 and 11 May 2005

There was no mention of children's rights in this report

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UN Committee on Migrant Workers

(CMW/C/ALB/CO/1)

Last Reported: 22 and 23 November 2010
Concluding Observations Adopted: 1 December 2010

Concerns Raised

  • Discrimination: The Committee is concerned at the information that migrant workers and members of their families may suffer from various forms of discrimination, in particular in the area of social security.

    The Committee encourages the State party to:

    (a) Ensure that all migrant workers and members of their families within its territory or subject to its jurisdiction enjoy the rights provided for in the Convention without any discrimination, in conformity with article 7;

    (b) Promote information campaigns for public officials working in the area of migration, especially at the local level (Paragraphs 19 and 20)

  • Residence permits: The Committee notes that the law does not provide for a renewal of the residence permit to members of the family of a migrant worker in case of divorce or in case of death of the migrant worker.

    The Committee urges the State party to:

    (a) Ensure that the rights of the families of the deceased or divorced migrant worker are guaranteed in conformity with article 50 of the Convention. (Paragraphs 25 and 26)

  • Trade unions: With reference to article 26 of the Convention, the Committee is concerned at the fact that undocumented migrant workers and members of their families cannot join trade unions.

    The Committee recommends that the State party:

    (a) Take the necessary measures, including legislative amendments, to guarantee to all migrant workers and members of their families the exercise of trade unions rights, in accordance with the Convention, as well as with ILO Convention No. 87 concerning Freedom of Association and Protection of the Right to Organise. (Paragraphs 29 and 30)

  • One-parent households: The Committee notes that at least 4,290 Albanian children 17 years of age or less are living in households where one parent is not present owing to emigration.

    The Committee encourages the State party to:

    (a) Study the impact of migration on children with the aim of developing adequate strategies to ensure that children of migrant workers enjoy full social protection. (Paragraphs 37 and 38)

  • Trafficking: The Committee, while acknowledging the adoption of the National Strategy and Plan of Action for the Fight Against Child Trafficking and the Protection of Child Victims of Trafficking, notes that children who fall victim to trafficking for labour exploitation remain a concern in the State Party. The Committee is particularly concerned at the fact that, until 2004, about 4,000 children had migrated unaccompanied by their parents.

    The Committee recommends that the State party:

    (a) Evaluate the phenomenon of trafficking in persons and compile systematic disaggregated data with a view to better combating trafficking in persons, especially of women and children, and bringing perpetrators to justice;

    (b) Allocate sufficient financial and human resources to implement national strategies to combat trafficking, including child trafficking;

    (c) Apply measures, at the national and international levels, to dismantle trafficking networks;

    (d) Increase its efforts to identify victims of trafficking, to enforce anti- trafficking laws, to train police forces, judges, prosecutors and social service providers, and to fund ambitious prevention of trafficking campaigns;

    (e) Intensify efforts to determine the causes of massive departure of unaccompanied minors and to reduce the magnitude of this phenomenon;

    (f) Define the crime of sale of children and to adopt laws on accessible procedures for victims of trafficking to obtain reparation;

    (g) Vigorously prosecute labour trafficking offenders an public officials who participate or facilitate human trafficking; (Paragraphs 41 and 42)

  • Human smuggling: The Committee notes with concern that the State party is considered to be a transit country for human smuggling.

    The Committee recommends that the State party:

    (a) Intensify efforts to counter migrant-smuggling, especially women and children, inter alia by taking appropriate steps to detect the illegal or clandestine movement of migrant workers and their families and bring those responsible to justice. (Paragraphs 43 and 44)

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UN Committee on the Rights of Persons with Disabilities

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UN Committee on Enforced Disappearance

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Organisation: 
Child Rights International Network

Countries

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