Gender Identity and the Right to Legal Recognition in the Republic of Albania

An Analysis of the Legal Framework and Challenges in Implementation

Abstract

Gender identity is one of the fundamental aspects of life and a person’s gender is determined immediately after birth and then becomes a social and legal fact. Human rights are universal and apply equally to all, therefore there are no special rights for trans people. However, trans people face special challenges in accessing their human rights, such as intolerance or prejudice. Gender identity and the right to legal recognition constitute a fundamental component of human rights and equality before the law. This study aims to examine the Albanian legal framework regarding the recognition of legal identity and to analyze the challenges in the practical implementation of this right for transgender people. The methodology used includes the analysis of domestic legislation and ratified international acts as well as the international aspect of the treatment of gender identity. The main results show that the lack of a specific law on legal gender recognition creates uncertainty and violates the right to personal identity, given that this issue still remains in the early stages of legal and institutional development in the Republic of Albania.