2 THE DEFINITION OF DISCRIMINATION
2.1 Grounds of unlawful discrimination explicitly covered
The following grounds of discrimination are explicitly prohibit ed in the main legislation
(listed in the Introduction, the main legislation transposing and implementing the
directives) transposing the two EU anti-discrimination directives :
- The Albanian Constitution:48 Gender, race, religion, ethnicity, languag e, political,
religious or philosophical beliefs, economic condition, education, social status, or
- The Law on protection from discrimination (LPD):49 gender, race, colour,
ethnicity, language, gender id entity, sexual orientation, political, religious or
philosophical beliefs, economic, education or social situ ation, pregnancy, parentage,
parental responsibility, age, family or marital condition, civil status, residence,
health status, genetic predispositions, disability, affiliation with a particular group or
for any other grounds.
- Labour Co de:50 gend er, ra ce, colour, ethnicity, language, gender identity, sexual
orientation, political, religious or philosophical beliefs, economic, educational or
social status, pregnancy, parentage, parental responsibility, age, family or marital
status, health status, genetic predispositions, disability, living with HIV / AIDS,
union or affiliation with trade union organisations, affiliation with a particular group,
or any other cause.
- Criminal Code:51 Article on crimes against humanity (Article 74) covers political,
ideological, racial, ethnic and religious grounds; Article on insult based on racist or
xenophobic motives through computer systems (Articl e 119(b)) covers ethnic
affiliation, race, religion; Article on violation of equality of citizens (Article 253)
covers origin, sex, sexual orientation o r gender identity, health status, religious and
political beliefs, trade union activity, ethnic, national, racial or religious affiliation;
Article on promoting hatred or strife (Article 265) covers race, ethnicity, religion or
- Law on the promotion of employment:52 This Law covers disadvantaged
jobseekers in the labour market, such as individuals with orphan status in difficult
economic conditions, people with disabilities, parents of children with disabilities,
persons over the ag e of 55, person s from the Roma and Egyptian communities,
long-term u nemployed jobseekers, unemployed jobseekers having immigrated not
more than two years previously, minors and y oung people in conflict with the l aw,
young people under the age of 29, victims of gender- based violence and domestic
violence, mothers under the age of 18, etc. (Article 3(4)).
- Code of Administrative Procedure:53 Article on the principle of equality and non -
discrimination cov ers gender, race, colour, ethnicity, n ationality, lang uage, gender
identity, sexual orientation, political, religious or philosophical beliefs, economic,
educational or social status, pregnancy, parentage, parental responsibility, age,
family or marital status, place of residence, h ealth status, genetic predispositions,
disability, belonging to a particular group or any other grounds (A rticle 17).
- Law on the protection of national minorities in the Republic of Albania:54
The Law prohibits discrimination against any person due to his or her affiliation to a
national minority (Article 8(1)).
48 Constitution of Republic of Albania, 1998, amended in 2007, 2008, 2012, 2015 and 2016.
49 Law No. 10 221/2010 on protection from discrimination.
50 Law No. 7961/1995, the Labour Code, amended in 2003, 2008 and 2015.
51 Law No. 7895, the Criminal Code (Kodi Penal), 27.1.1995, amended in 2013.
52 Law No. 15/2019 on the promotion of employment (Për nxitjen e punësimit).
53 Law No. 44/2015, the Code of Administrative Procedure of the Republic of Albania,
54 Law No. 96/2017 on the protection of national minorities in the Republic of Albania.