Prishtina, on May 27, 2022 – The Ombudsperson, in accordance with the competencies and responsibilities, defined by the Constitution and relevant laws, published his opinion and attitudes regarding the recognition of family relations of persons of the same sex.

Through this opinion, the Ombudsperson highlights the Constitutional guarantees provided by the Constitution of the Republic of Kosovo for respect for private and family life, as well as protection from discrimination based on sexual orientation for every citizen of the Republic of Kosovo.

The Ombudspersone expresses his position that the family relations of persons of the same sex should be recognized and defined by the Civil Code, as guaranteed by the Constitution and in accordance with Law no. 05 / L-021 on Protection from Discrimination, without any distinction and in the same manner as for persons of the opposite sex.

The Ombudsperson considers that the Constitution of the Republic of Kosovo, by not explicitly stating that the right to marry is the right of “man and woman”, does not present any obstacle to conclude that the deprivation of persons of the same sex from the right to marriage, represents a violation of the right not to be discriminated against on the basis of sexual orientation.

Furthermore, the Ombudsperson considers that the current wording of the Draft Civil Code to allow the registration of civilian communities between persons of the same sex, without clearly defining what a registered civilian community represents and defining the conditions and procedures for recognition of these communities will be regulated by a special law, does not constitute a solution and does not reflect the rights guaranteed by the Constitution.

The Ombudsperson, among other things, considers that the Draft Civil Code, in the framework of the regulation of family relations, should explicitly define the recognition of the relations of persons of the same sex.