Country report, gender equality. How are EU rules transposed into national law? Albania 2020
- Publisher:
- European Union Publications Office
- Publication date:
- 2020-09-21
- Authors:
- Entela Baci
- ISBN:
- 978-92-76-18960-2
Description:
The Republic of Albania (RoA) has a formal constitution, which has the highest legal power in the country. The Constitution was adopted in 1998 with Law No. 8417, ‘Constitution of the Republic of Albania’. So far, it has been revised five times. None of the five constitutional reforms concerned gender equality. The hierarchy of legal acts within the country is explicitly set out in Article 116(1) of the Albanian Constitution: a) the Constitution; b) ratified international agreements; c) laws; d) normative acts of the Council of Ministers. The constitutional framework concerning gender equality/sex discrimination contains only one provision among the general principles of fundamental human rights and freedoms, Article 18, which refers to principle of equality and non-discrimination: ‘1. All are equal before the law. 2. No one can be unjustly discriminated against for reasons such as gender, race, religion, ethnicity, language, political, religious or philosophical beliefs, economic condition, education, social status, or ancestry. 3. No one may be discriminated against for reasons mentioned in Paragraph 2 if reasonable and objective legal grounds do not exist.’
Index
- Introduction
- General legal framework
- Implementation of central concepts
- Equal pay and equal treatment at work (Article 157 of the Treaty on the Functioning of the European Union (TFEU) and Recast Directive 2006/54)
- Pregnancy, maternity, and leave related to work-life balance for workers (Directive 92/85, relevant provisions of Directives 2006/54, 2010/18 and 2019/1158)
- Occupational social security schemes (Chapter 2 of Directive 2006/54)
- Statutory schemes of social security (Directive 79/7)
- Self-employed workers (Directive 2010/41/EU and some relevant provisions of the Recast Directive)
- Goods and services (Directive 2004/113)
- Violence against women and domestic violence in relation to the Istanbul Convention
- Compliance and enforcement aspects (horizontal provisions of all directives)
- Overall assessment
- Bibliography