- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✖ Unrecognized
- Censorship
- ✔ No censorship
- Changing Gender
- ✖ Legal, but requires surgery
- Gender-Affirming Care
- ✔ Legal
- Non-Binary Gender Recognition
- ✖ Not legally recognized
- Discrimination
- ✔ Illegal
- Employment Discrimination
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- ✔ Sexual orientation and gender identity
- Adoption
- ✖ Single only
- Intersex Infant Surgery
- ✖ Not banned
- Military
- ✔ Legal
- Donating Blood
- ✖ Banned (indefinite deferral)
- Conversion Therapy
- ✖ Not banned
- Age of Consent
- ✔ Equal
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Public Opinion
Recent studies in Kosovo have revealed a prevalence of resistance towards LGBTQ+ rights.
OPPOSE
SUPPORT
Do you support the right of LGBTI+ persons to visit their partners in the hospital or prison?
(Civil Rights Defenders, 2020)
Do you support right of LGBT+ persons to be treated as family members (to make decision about partner) in the event of partner's illness or death?
(Civil Rights Defenders, 2020)
Do you support the right of LGBTI+ persons to have health insurance based on partner's health?
(Civil Rights Defenders, 2020)
Do you support the right of LGBTI+ persons to inherit a pension in the event of partner's death?
(Civil Rights Defenders, 2020)
Do you support the right of LGBTI+ persons to inherit assets in the event of partner's death?
(Civil Rights Defenders, 2020)
History
Homosexual activity in Kosovo is legal.
Current status
Since Jul 22, 1994
Legal
On July 14, 1994, Parliament of Serbia repealed paragraph 3 of article 110 of Criminal Code and thus decriminalized male homosexuality on its entire territory, including the autonomous provinces of Vojvodina and Kosovo & Metohija.
Since the self-proclaimed independence of 2008, homosexuality has been legal in the Republic of Kosovo.
Since the self-proclaimed independence of 2008, homosexuality has been legal in the Republic of Kosovo.
Male illegal, female legal
On June 28, 1977, the Socialist autonomous province of Kosovo (as part of SR Serbia in then SFRY) passed Criminal Law that criminalized consentual male homosexuality. "Unnatural fornication" between persons of the male sex was punishable by imprisonment for up to one year (Article 81 (3)).
The same sentence remained after reintegration into the legal system of Serbia in 1989.
The same sentence remained after reintegration into the legal system of Serbia in 1989.
Male illegal, female legal
The Criminal Code of the Federal People's Republic of Yugoslavia adopted on February 27, 1951 criminalized consensual sexual intercourse between men throughout its territory, including Serbia and its two provinces Vojvodina and Kosovo & Metohija.
Article 186: for unnatural fornication between persons of the male sex, the perpetrator shall be punished with imprisonment for up to two years.
The 1959 amendment reduced the prison sentence to up to one year.
Article 186: for unnatural fornication between persons of the male sex, the perpetrator shall be punished with imprisonment for up to two years.
The 1959 amendment reduced the prison sentence to up to one year.
Illegal (imprisonment as punishment)
The Criminal Code for the Kingdom of Serbs, Croats and Slovenes (Kingdom of Yugoslavia as of October 3, 1929) adopted on January 27, 1929 criminalized "unnatural fornication" without specifying the definition of the mentioned term.
Paragraph 285: for unnatural fornication between persons, the perpetrator shall be punished with strict imprisonment, unless the act turns into a more serious crime.
Paragraph 285: for unnatural fornication between persons, the perpetrator shall be punished with strict imprisonment, unless the act turns into a more serious crime.
Male illegal, female legal
Kosovo Vilayet was incorporated into the Kingdom of Serbia in 1913. The Penal Code of the Kingdom of Serbia passed on March 29, 1860 criminalized sex between men.
Paragraph 206: Unnatural fornication between persons of the male sex to be punished by imprisonment from six months to four years and loss of civil honor.
Paragraph 206: Unnatural fornication between persons of the male sex to be punished by imprisonment from six months to four years and loss of civil honor.
Same-sex marriage in Kosovo is unrecognized.
Current status
Since Feb 16, 2006
Unrecognized
Aricle 14 of the Kosovo Family Law adopted on January 20, 2006: "Marriage is a legally registered community of two persons of different sexes..."
Constitution from 2008 does not have definition of marriage. Article 28: "Based on free will, everyone enjoys the right to marry and the right to have a family as provided by law. Marriage and divorce are regulated by law and are based on the equality of spouses".
Bearing in mind the fact that the Constitution prohibits discrimination based on sexual orientation, the President of the Constitutional Court said in 2014 that Kosovo de jure allows same-sex marriage but that due to political reasons the issue is unclear.
Constitution from 2008 does not have definition of marriage. Article 28: "Based on free will, everyone enjoys the right to marry and the right to have a family as provided by law. Marriage and divorce are regulated by law and are based on the equality of spouses".
Bearing in mind the fact that the Constitution prohibits discrimination based on sexual orientation, the President of the Constitutional Court said in 2014 that Kosovo de jure allows same-sex marriage but that due to political reasons the issue is unclear.
Censorship of LGBT issues in Kosovo is no censorship.
Current status
No censorship
No laws or government policy prohibit the free discussion or promotion of LGBT topics or issues.
Gender-affirming care in Kosovo is legal.
Current status
Legal
Gender affirming care is provided in Kosovo but a medical diagnosis is required for access. Funding is also not provided leaving it difficult to access in practice.
Legal recognition of non-binary gender in Kosovo is not legally recognized.
Current status
Not legally recognized
Neither non-binary gender nor intersex are recognized in Kosovo
LGBT employment discrimination in Kosovo is sexual orientation and gender identity.
LGBT housing discrimination in Kosovo is sexual orientation and gender identity.
Same-sex adoption in Kosovo is single only.
Current status
Since Feb 16, 2006
Single only
Joint and stepchild adoption are not legal, but there are no restrictions against single LGBT individuals.
Intersex infant surgery in Kosovo is not banned.
Current status
Not banned
There is no official ban on unnecessary sex reassignment operations in infants in Kosovo.
Blood donations by MSMs in Kosovo is banned (indefinite deferral).
Current status
Banned (indefinite deferral)
According to a 2018 guideline for "Blood Donation Week", those who have "intimate relationships with the same sex" cannot donate blood.
Conversion therapy in Kosovo is not banned.
Current status
Not banned
Conversion therapy is not banned in Kosovo.
Equal age of consent in Kosovo is equal.
Current status
Since Apr 6, 2004
Equal
Kosovo has an equal age of consent (16 years) for both heterosexual and homosexual sexual activity.
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