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Ombudsperson’s Statement on the occasion of International Day against Homophobia, Transphobia and Biphobia

17/05/2020

May 17, Pristina – In the scope of International Day against Homophobia, Transphobia and Biphobia, the Ombudsperson Institution, as an equality body, draws attention on guaranteeing the rights of persons of LGBTI communities, who continue to be amongst the most vulnerable groups in our society.

The Ombudsperson recalls that Constitutional guarantees for human rights are fundamental values of a democratic society which serve to the protection of human dignity, freedom and equality, and that these values are the fundamental basis for rule of law functioning. The Law on the Protection from Discrimination sets the general framework for the prevention and combating of discrimination, by putting emphases on provisions against discrimination, provided for by international instruments and the Constitution. The scope of this Law foresees prevention and fighting of discrimination, encompassing here gender identity and sexual orientation.

The Ombudsperson salutes establishment of the right by courts, with regard to the respect of persons’ right to decide on their gender identity. These decisions, moreover, demonstrate institutions’ awareness rising on the rights of these communities, and the observance of local legislation and international human rights standards.

In order to promote equality and respond to discriminatory situations, the Ombudsperson Institution, as an institution mandated to protect fundamental human rights and freedoms, continues to widely support civil society organizations which advocate for the rights of LGBTI persons, as a permanent partner in the fight against discrimination.

Being a global phenomenon, this day is marked every May 17 and represents a major movement within the scope of rights of LGBTI persons, resulting with the decision in 1990 of the World Health Organization to declassify homosexuality as a mental disorder.