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									Ministry of Labour, Social Affairs and Equal Opportunities




NATIONAL STRATEGY FOR GENDER EQUALITY AND
            DOMESTIC VIOLENCE
                 2007-2010




                                                             1
FOR A SOCIETY WITH GENDER EQUALITY AND WITHOUT
VIOLENCE

In July 2006, the Ministry of Labour, Social Affairs and Equal Opportunities
(MOLSAEO) took the initiative to develop the National Strategy on Gender Equality and
against Domestic Violence, and Action Plan. This strategy reconfirms the political
commitment of the Albanian Government to support the achievement of gender equality
through harmonising policies of the government in this regards and working in
partnership with civil society.

Gender Equality is a fundamental right, and is a common value of the countries of
European Union. With the goal of eventual EU integration for Albania, gender equality is
a necessary condition for EU Accession and is required to fulfill the MSA objectives on
employment and social cohesion, signed by Albania in June 2006.

Many skilled women in Albania have achieved high levels of education, have advanced
within the labour market and are now key players in Albanian public life. Despite this,
inequality remains a challenge for Albanian society, hindering many women‘s
advancement, who face the dilemma of balancing their roles between the quiet
upbringing of the children and career development. This is in part due to the absence of
suitable working hours, required social services, traditional gender stereotypes and the
unequal distribution of household responsibilities due to the existence of a patriarchal
culture.

In Albanian society today one can also notice an increase of domestic violence, which is
practised more against women, children and elderly. Studies show that violence is
manifested in all forms: psychological violence, the most common form of domestic
violence; economic violence, which mainly occurs in urban zones; physical violence,
which mainly occurs in rural zones; and sexual violence, which is difficult to monitor as
this is seldom reported to authorities. Age groups vulnerable to domestic violence are 18
to 23 and 37 to 45 years of age, and among the most vulnerable are disabled women,
migrant women, Roma women and rural women.

The development of the National Strategy for Gender Equality and Eradication of
Domestic Violence is dictated by the need to improve women‘s status in Albania,
overcoming barriers and traveling over the long and arduous road towards gender
equality. The strategy is needed to support harmonization of policies with international
standards outlined in the Fourth World Conference on Women in Beijing in 1995 and
subsequent Platform for Action, the Beijing +5, +10, MDGs, and the process of aligning
Albanian legislation with that of the EU. This strategy aims to improve progress in
realising gender equality and increasing women‘s decision-making different fields as it
clearly predicts policies and means in achieving of these policies for every identified
field.



                                                                                       2
The aim of the strategy is to present the institutional mechanisms and interventions for
mainstreaming gender issues into broader public policies, thereby alleviating gender
inequality and also, preventing domestic violence.

The Strategy consists of two parts: I) Gender Equality and; II) Eradicating Domestic
Violence – two topics which are closely related but each with their own specificities. The
main objectives of the Strategy are based on current realities in the country, while trying
to address the most disturbing problems facing Albanian society. These objectives are
based on an analysis of the situation of 12 prefectures in the country, and reviewing the
latest studies produced by government, civil society, gender equality and domestic
violence experts. The Strategy adheres to the international standards upheld in the Beijing
Platform for Action, Convention of the Elimination of All Forms of Discrimination
against Women (CEDAW), and the Millennium Development Goals, etc.

The Strategy was developed using a participatory and inclusive process. This process
included the project design by the working groups composed of central and local
institutions‘ representatives, experts on gender issues, etc. and later on discussion of the
project among stakeholders. In line with that, a number of activities were organized
which added up to the project on the Strategy for prevention of Domestic Violence and
its action plan, in November 2006 as well as the Strategy on Gender Equality project and
the National Conference on ―Gender Equality, Social Cohesion and Equal Opportunities
in February 2007.

The National Strategy for Gender Equality and the Eradication of Domestic Violence is
accompanied by a National Action Plan which includes the overall objectives of the
Strategy, implementing measures, budgets, indicators and time frame for implementation.
The National Plan also specifies which institutions are responsible and involved in
implementation of each action.

This important document, jointly with the approved latest laws, such as Law No. 9669,
dated 18.12.2006, ―For measures against violence in family relations,‖ and Law no. 9198,
dated 01.07.2004, ―For an equal gender society,‖ which is in the process of amendment
compile an important political and legal frame work for progress toward gender equality
and family free of violence.

Certain key international organizations played an important role in compiling the
Strategy – UN (UNFPA, UNIFEM, UNICEF, UNDP) and OSCE, whom I use this
opportunity to greet and show my gratitude for the technical and financial support
provided.

I would like to give special thanks to the Prime Minister of Albania, Mr Sali Berisha,
who strongly supported this initiative and honoured with his presence at the National
Conference on Equal Opportunity, where the Gender Equality Strategy and Action Plan


                                                                                          3
were presented, reconfirming once again the importance of the Government Program for
gender equality issues.

I also must thank Mrs Marieta Zaçe, Deputy Minister of Labour, Social Affairs and
Equal Opportunities, for her leading role and dedicated and serious work on the
elaboration of this important document, coordination group of the project for compiling
of the Strategy, employees of the gender equality sector in the Directorate for Equal
Opportunity Policies, all leaders and members of the working group that participated in
the elaboration of the Strategy and its Action Plan, as well as all consultants and
contributors in this process.

The Strategy has been developed. We now face the challenge of implementation.

Koço BARKA
Minister of Labour, Social Affairs and Equal Opportunities




                                                                                     4
WORKING GROUPS FOR THE DEVELOPMENT OF THE NATIONAL
STRATEGY FOR GENDER EQUALITY AND OF DOMESTIC VIOLENCE

The development of the National Strategy for Gender Equality and the Eradication of
Domestic Violence was managed by Marieta Zaçe – Deputy Minister of Labour, Social
Affairs and Equal Opportunities.

Directorate for Equal Opportunity Policies
Ms. Rajna Kovaçi – Director
Ms. Valbona Jaupllari – Specialist
Ms. Irena Benussi – Specialist
Ms. Brunilda Dervishaj – Specialist
Ms. Arta Sakja – Coordinator for Gender Equality
Ms. Lulieta Dauti – Finance
Ms. Aida Orgocka – Expert
Ms. Mirela Muça - Expert

Working Group – Gender Equality in Decision-Making
Ms. Lajla Pernaska, Ms. Jeta Katro, Ms. Yllka Selimi, Mr. Petro Koçi, Ms. Albana
Imami, Ms. Mangalina Cane, Ms. Natasha Llanaj.

Working Group: Women rights, legislation and institutional mechanisms
Ms. Kledia Mazniku, Ms. Brunilda Dervishaj, Ms. Rezana Balla, Ms. Ermira Deçka, Ms.
Vitore Tusha, Ms. Alma Mehmeti, Mr. Ervin Pupe.

Working Group -Economic Empowerment of Women
Ms. Arjana Misha, Ms. Merita Gjashta, Ms. Alketa Grepcka, Ms. Rajmonda Prifti, Ms.
Neriana Zaimi, Ms. Ahmedie Daci.

Working Group - Social Services
Ms. Meri Pone, Ms. Merita Xhumari, Ms. Valbona Jaupllari, Ms. Irena Benussi, Ms.
Lantona Sado, Ms. Mira Trebicka, Ms. Dajana Berisha.

Working Group - Education and Elimination of Gender Disparities
Ms. Antonieta Luli, Ma. Xhuli Jaho, Ms. Englantina Gjermeni, Ms. Saemira Pino, Ms.
Eljona Kulluri, Ms. Lavdie Ruci, Ms. Migena Reçi.

Working Group - Health Care
Mr. Naim Lusha, Ms. Nedime Ceka, Ms. Majlinda Murati, Ms. Elizana Petrela, Ms.
Arjana Malltezi, Ms. Violeta Dhamo, Ms. Valbona Denizi.

Working Group - Women and Media
Ms. Majlinda Bregu, Ms. Rajna Kovaçi, Ms. Alma Lahe, Ms. Antoneta Malja, Mr. Demir
Gjergji, Ms. Elsa Xhai, Ms. Valdete Andoni.

OSCE Experts


                                                                                 5
Ms. Monika Kocaqi – Consultant
Ms. Orgesta Muço – Consultant

Gender Alliance for Development Centre:
Ms. Eglantina Gjermeni – Manager of Center for Gender Alliance for Development
Centre
Ms. Blerta Picari – Coordinator for Violence against Children

Task force – Prevention of Domestic Violence:
Ms. Arta Mandro, Ms. Aida Orgocka, Ms. Anxhela Gramo, Ms. Zhulieta Demi, Ms. Arta
Sakja, Ms. Mirela Muça, Ms. Emira Shkurti, Ms. Daklea Shtylla, Ms. Natasha Shehu.

Other collaborators
Center for Women and Girls – Kombinat, Association ―Gruaja Kryefamiljare‖, Albanian
Helsinki Committee - Tirana; Center for Children‘s Rights in Albania; Center for Legal
Initiatives; Initiative for Women‘s Rights; Association ―In service of Albanian Women‖;
Multidisciplinary Training Center on Problem of Children‘s Mistreating; Shelter for
Violated Women and Girls; Counselling Center for Women and Girls – Tirana, Elbasan,
Kukes; Association of Women with Social Problems – Durres; I – Woman – Pogradec;
Woman Forum – Elbasan; Center for Population and Development; Association ―Woman
Head of Family‖; Association ―Refraction‖ Medica.




                                                                                     6
ABBREVIATIONS

ACER        Albanian Center for Economic Research
EU          European Union
CEDAW       Convention on the Elimination of All Forms of Discrimination Against
            Women
RED         Regional Education Directorate
DEO         Directorate for Equal Opportunities
NCA         National Chamber of Advocates
INSTAT      Institute for Statistics
CC          Civil Code of the Republic of Albania
ECHR        Europe‘s Conventions on Human Rights
FC          Family Code
SJC         Senior Justice Council
CCoRA       Criminal Code of the Republic of Albania
CCP         Code of Civil Procedures of the Republic of
            Albania
CCPoRA      Code of Criminal Procedures of the
            Republic of Albania
MoES        Ministry of Education and Science
MoI         Ministry of Interior
MoJ         Ministry of Justice
MoF         Ministry of Finance
MoI         Ministry of Integration
MFA         Ministry of Foreign Affairs
MoH         Ministry of Health
MoLSAEO Ministry of Labour, Social Affairs and
            Equal Opportunities
SAA         Stabilization and Association Agreement
NGO         Non-governmental Organization
GP          General Prosecutor
NCET National Center for Education Training
NCEE National Center for Education, Evaluation
CLCI        Center for Legal Civic Initiatives
ROA         Republic of Albania
STDs        Sexually Transmitted Diseases
MS          Master School
PS          Police School




                                                                                   7
TABLE OF CONTENTS

INTRODUCTION

CHAPTER ONE: SITUATION ANALYSIS
1.1   Demographic Situation and Gender Realities
      1.1.1. Gender equality in decision making
      1.1.2. Economic Situation, poverty and also inequality in the labour market
      1.1.3. Gender disparities in education
      1.1.4. Gender and Social Security
      1.1.5. Gender and Health Care and Services
      1.1.6. Representaiton and the presentation of women in the media
      1.1.7. Addressing Domestic Violence

1.2. The Legal Framework for Gender Equality and Domestic Violence

1.3 Institutional Mechanisms that Ensure Gender Equality in Albania
             1.3.1. Government mechanisms that ensure gender equality
             1.3.2. Other mechanisms
             1.3.3. Government mechanism that addresses domestic violence

CHAPTER TWO: VISION, STRATEGIC PRIORITIES AND STRATEGIC AIMS
    2.1. VISION
    2.2. Strategic Priorities
    2.3. Strategic Aims

CHAPTER THREE: POLICIES
    3.1.  Institutional Mechanisms that secure Gender Equality in Albania
    3.2. Gender Equality in decision making
    3.3. Economic empowerment and Gender Equality
    3.4.  Education and elimination of gender disparities
    3.5.  Social Services
    3.6.  Healthcare
    3.7.  Elimination of gender stereotypes in the mass media
    3.8.  Addressing Domestic Violence

CHAPTER FOUR: ACCOUNTABILITY

PLAN OF ACTION

ANNEX 1
Description of Legislation
ANNEX 2
References regarding the legal framework for Social Services
ANNEX 3
References regarding the legal framework for domestic violence


                                                                                    8
INTRODUCTION

Issues of gender equality are in the centre of social policies of EU countries and one of
the demands for countries entering the process of European integration. Lack of
appropriate attention towards these issues would mean that over 50 per cent of the
population was not fully benefiting from the progress achieved through social, political
and economical reforms. If the issue of gender equality is not dealt with, then Albania
will not achieve sustainable development, as a country realise its full potential if it does
not fully use all of its human resources. Consequently, gender should be integrated into
all social, economic and political policies and programmes in Albania, in order to achieve
sustainable development rough using the full human potential in the country and to
guarantee that all social groups are benefiting from these achievements.

This is the framework to understanding why gender issues are becoming more and more
important in Albanian society. In the century we just entered, there have been important
institutional and structural developments in support of the advancement and emancipation
of women in Albanian society, as well ensuring their active and equal participation in the
political, economic and social life of the country. In this regard, continuous efforts to
coordinate state initiatives to the increase engagement of civil society have been noticed.

Priority has been given for drafting different departmental and interdepartmental
strategies, mainly during the medium-term review processes. While the process for
drafting of the strategies is positive, their implementation will be challenged by particular
risks: lack of law execution or deficiency in law execution, insufficient capacities in
public administration with rather high indicators of corruption, lack of advanced and
objective planning , lack of financial resources, etc. Hence it is of crucial importance to
institute measures to lessen or prevent these risks from inmpacting the successful
implementation of all compiled strategies.

MOLSAEO‘s initiative in drafting ―the National Strategy for Gender Equality and the
Eradication of Domestic Violence‖ comes parallel with the process of drafting and
approving the National Strategy for Development and Integration (NSDI), a document
that is being reviewed and which aims to respond to the dynamic evolution of ideas, as
well as admit inclusion of interests and new attitudes that determine sectoral development
as a whole or which address the needs of various social groups.

The National Strategy for Gender Equality and the Eradication of Domestic Violence is a
product of an inter-related and inclusive process which involved different institutions of
central and local government, civil society, non-profit organisations, different interests
groups, representatives of political parties, academics, as well as international partners.
This document was drafted as a result of the overall participation of all actors and
interested parties in the issues of gender equality. This broad participation aimed to
increase the validity and ensure that the action plan would be in compliance with the
needs and capacities of national and local institutions. In addition, the strategy‘s
preparation helped to increase cooperation among different governmental actors (at the


                                                                                           9
central and local level), donors, civil society and community, to reach decisions
impacting gender equality.

The Strategy consists of two parts: I) Gender Equality and; II) Eradicating Domestic
Violence;

The strategy aims:
   - To achieve gender equality in Albania through mainstreaming gender perspective
       in all the aspects of the development and implementation of policies. This means
       equal participation of women and men in the social, economic and political life of
       the country, as well as equal opportunities to enjoy all their rights and to offer
       their individual potential for the benefit of the society;
   - To improve protection, legal responses, support for victims of domestic violence,
       as well as to increase focus on prevention and addressing the root causes of
       domestic violence.

The strategy was drafted by the working groups, who relied upon documents and results
of discussions focused on:

   Analysis of socio-economic situation in Albania, taking into consideration economic,
    education, health and cultural indicators;
   Analysis of women‘s participation in various sectors, including decision making at
    the central and local level;
   Legal and institutional mechanisms, as well as financial, material and human
    resources available to develop effective policies that serve to achieve defined aims
    and objectives;
   Identification of vision and main challenges in achieving gender equality in Albania;
   Preparation of an action plan to achieve aims and objectives of this strategy;
   Development of the baseline indicators to measure and evaluate progress, or review
    of actions in accordance to the new situations that emerge.
   Identification of main areas of intervention to prevent domestic violence.

The Constitution of the Republic of Albania guarantees equality among men and women,
but in practice often women do not enjoy the same rights as men. This inequality is
tangible in many sectors, therefore the working groups during the drafting process of this
document prioritized the following areas:

1. Legal and institutional mechanisms ensuring gender equality in Albania.
2. Gender Equality in decision making.
3. Economic empowerment and Gender Equality.
4. Education and elimination of gender disparities.
5. Social Services.
6. Healthcare.
7. Elimination of gender stereotypes in the mass media.
    8. Addressing Domestic Violence. – In which there are five specific areas for
    prevention of domestic violence: a) Education – as a sector for prevention; b) Justice


                                                                                       10
   – as a sector preventing, combating and supporting victims c) Health - as a sector
   preventing, combating and supporting victims; d) Social Services – as a sector
   preventing, combating and supporting victims; e) Public Awareness (cross-sectoral)
   as a tool for prevention and combating domestic violence.

The Objectives of this document (which are outlined in major detail in the next page)
basically aim at:

a. Highlighting women‘s current situation, and the way in which gender equality and
domestic violence in Albania is handled;
b. Detailing the most important steps that should be undertaken in order to address
priorities surrounding achievement of gender equality and reduction in domestic
violence;
c. Identifying the institutions responsible and the partners that will work together towards
the achievement of the goals contained in this Strategy;




                                                                                         11
CHAPTER ONE: SITUATION ANALYSIS

Gender equality is a building block in the country's development. In order to achieve
gender equality, the causes of the inequality found in the family, community, labor
market and generally in the Albanian society must first be examined. Division of labour
based on gender creates burdens (measured according to time use and energy), level of
acknowledgment (or prestige), and also different rules for men and women. Gender
inequality negatively affects the balance between opportunities, life conditions and social
status of women and men. The profound social and economic transformation that
happened after the 1990s brought vivid changes to the economic structure, living
standard, and also disrupted the gender equilibrium in Albanian society. Although during
the transition period, Albania has taken some positive steps towards building a
democratic society, the freedoms and rights gained over time have not affected women
and men equally.

1.1 DEMOGRAPHIC SITUATION AND GENDER REALITIES
The population of Albania is young - the average age is 31.7 years - and the population
division according to sex is balanced, with women making up 51 per cent of the
population1. A young population, urbanisation processes, migratory movements,
emigration and other economic factors have resulted in dynamic and ever changing
demographic indicators during the transition years. Thus, within a short period of time,
the rapport between the rural and urban population has changed. Currently, urban
population is increased to 46 per cent from 36 per cent at the beginning of the 1990s.
This increase in urban population has happened as a result of uncontrolled migration of
the rural population towards large towns, as well as due to movements within the same
district. Based on the statistics published by INSTAT, it has been calculated that 600.000
Albanians or 18 per cent of the population have migrated abroad. A comprehensive
analysis of population group -ages shows that transition has affected and continues to
affect the Albanian population structure. Also, it has brought a substantial change to the
family structure. The efforts of trying to improve the standard of living have influenced
the Albanian family to change not only the place of living, but also the way of life.
During this decade, the average age of marriage has changed from 22.6 to 23 for women
and from 27.2 to 28.5 for men2. In the same way, the number of divorces have increased -
from 8.7 to 9.6 for 100 marriages, and also the average family size includes two
generations (parents and children).


1.1.1. Gender Equality in decision making

Inequalities in respecting women's rights deepen also because of the poor level of their
representation in decision-making, and because of the fact that the Albanian society has
not yet devoted the necessary attention to eliminating introduction of gender stereotypes

1
    INSTAT 2006 ―Women and Men 2005‖
2
    INSTAT 2006 ―Women and Men 2005‖


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in men‘ and young men‘s education regarding the position they should enjoy both inside
the family and in public life. Low participation of Albanian women in decision making,
with only 7 per cent of parliamentary seats, with only 9 women holding
management/senior posts3 in the central government, and only 2 per cent of them in
positions of authority in local government, is a significant obstacle for improving policies
and programmes to address the needs of women, children and family. Although the
presence of women in public administration is somewhat more encouraging, men still
dominate in leading positions.

The representation of women in leading positions in political parties is also low. This is
not a result of lack of interest on the part of women to be involved, or because of their
inabilities in this regards. It is related to the difficulties with which the women have to
deal to adjust to the current Albanian political reality, and reflects the lack of standards
and effective mechanisms that would enable the increase of women‘s‘ participation in
governing the country, a role towards which the women themselves should be even more
persistent. The low level of women representation in decision making structures is an
indicator of the fact that women's aspirations and needs are not represented, as well as
that women have little chance to invoke policies that address their problems, including
poverty and gender inequality, or to improve their status and role in economic and social
development of the country.

Inequality of women participation in political activities. Albanian political parties
continue not to have specific policies on gender equality that would clearly address
women's needs and priorities on political participation. This also explains why these
parties had no serious statements in their programs in the electoral campaign of 2005
about the gender equality, or even their current platforms, even though they claim that
they consider gender equality as an important issue in their platforms. Despite continuous
efforts of women‘s political organizations to increase participation of women in politics
and consequently in decision making, it must be stated that their representation in the
parliament and government is still quite low. They are great promoters of political parties
they represent, perform great roles as commissioners and are a very important corner
stone while implementing campaigns, but this representation and this active role has not
been reflected by political parties in their selection of candidates for parliamentary
elections and in particular of local elections. Although there is a quota in the
representation of women in the senior levels of political parties‘ structures, there is not a
quota for the number of women put forward as candidates. Regardless the efforts of the
women‘s movement to include this quota in Electoral Code, the absence of such a quota
has been one of the causes of lack of decent representation of women in parliament and in
national leadership. This low level of representation reaffirms the conservative mindset in
Albania of a male-dominated political environment.

Regardless of this reality, the 2005 elections signified new positive experiences, as for
the first time in the parliamentary history of Albania, a woman was elected to the post of
Speaker of the Parliament, and for the first time, a political party led by a woman was

3
 Figures refer to positions: Minister, Deputy/minister, General Secretary up until October 2006; Source:
Directorate of Policies for Equal Opportunities


                                                                                                           13
part of the electoral campaign, a well as the presence of a women as an independent
candidate.

Representation of women in civil society. Non-profitable organizations (NPOs), known
as the most active part of the civil society, have been very active in democratic
developments although they had to operate often in a conservative society, in a society
where for a long time anarchy and chaos ruled; in a society that often endangered their
activities and even their existence. Although there was no consulting process between the
state and the NPOs, they have given their contribution, even influencing political
decisions.

There are 614 associations4 registered in Albania, out of which 112 or 18.24 per cent are
managed by women. This shows that Albanian women responded immediately to the
changes in the country, taking over the responsibility and a specific role in these
democratic developments. A country in transition like Albania has a lot to gain from the
participation of women in this sphere, and as a consequence from her contribution to the
continued evolution of the market economy and democratic society. This participation
breaks up stereotypes of male dominance. As a result of limited opportunity to participate
in decision making organs, women have had their management opportunity through other
alternatives, especially in the non-governmental sector. In this sector, women found more
space and freedom for an active engagement to the benefit of women and children issues
in particular, but also of all the community.

Women associations have performed and continue to carry out a range of activities
related to women's and children's rights, to social and health care, to economic
development (mainly small businesses for women and girls), fight against human
trafficking, etc. Since the year 2000, a national movement for political empowerment of
women has started and has been consolidated with time. Such movement has managed to
have an impact on the political and social climate in the country, in favour of gender
balance. In a progressive way, the very important factor - media - started to focus on
gender equality, especially on participation of women in politics, which culminated in the
general elections campaign of 2005 through a number of programmes and debates in the
country's media. An important element in the evolution of women's NGOs is also
improvement of their organization skills. After 1997, better coordination among these
NPOs was noticed; they started to get organized into networks and coalitions with
common programs and activities.

Decision making access and control inside the family Although studies and data about
women's participation in decision making inside the family are non-existent, observations
of the everyday life show that women's participation in this aspect of decision making is
related to their level of education, place of residence, age and access to the property and
income. The lower the education levels of the woman, the weaker her power in decision
making, because of fewer opportunities for employment and for secure economic
independence. In the same way, women in rural areas, poor women, as well as those
unemployed, do not enjoy to right of decision making about important issues inside the
4
    Figures from MoLSAEO.


                                                                                        14
family. When decision making relates to the spending of money, in the vast majority of
cases the final decision is taken by men of the family, who also reserve the right to decide
on the number of children, their education, migration or immigration of the family or one
of its members, as well as on the marriage of children. Women have more of an
informing and advising role about the need to purchase a particular food, or they advise
on selling home-made products.5


1.1.2. Economic Situation, Poverty and also Inequality in the Labour Market

Economic rights of women are represented with the level of participation in the work
force, retaining of the job and remuneration. Employment of Albanian women is limited
by a number of factors, like obligation and responsibility to bring up the children,
household chores, education level, and limited access to professional development,
property and limited possibility to obtain loans, etc. Women have raised their businesses
mainly in economic activities like trading, wholesale, shops, various services like dentist,
notary, solicitor, hair-dresser, agricultural business, industry, dairy production, textiles,
book publishing, tailoring and handicraft. According to the statistics by INSTAT, 17 per
cent of the private business managers are women. The largest number of the registered
businesses managed by women is concentrated in Tirana (31 per cent), Durrës (8.7 per
cent) and Elbasan (6.2 per cent). Eighty-five per cent of these businesses managed by
women are located in urban areas and 15 per cent in rural areas.

Agricultural loans, with more amenities for women, would assist in increasing the
number of women farmers. Two studies done by ACER (Albanian Centre for Economic
Studies) show that 78 per cent of loan applications are done by the male heads of family,
while 5-7 per cent of women farmers borrow money from their relatives.

Women are becoming poorer than men. The deep economic reform during the transition,
accompanied by the massive closure of ineffective state companies, found the individuals
and Albanian society unprepared. After the nineties, unemployment increased drastically.
Despite some improvement in the following years, unemployment and poverty threaten a
large number of Albanian families. In a particular way, unemployment and poverty are
affecting the social status of Albanian women negatively. The data on poverty in Albania
indicate the feminisation of poverty and increased proportion of women living in poverty.
While from 2002 to 2005 the absolute poverty indicator has fallen by 27 per cent, the
reduction of the poverty for women has not been the same. Geographically, there are
fewer trends which indicate a reduction of poverty in among these women in rural areas,
where, besides many factors that contribute to poverty, economic and social inferiority of
women are also causes.

In a country like Albania, the culture of discrimination because of gender is not simply a
matter of violating women‘s and girls‘ rights, but gender inequality represents a serious
obstruction to the reduction of poverty. Traditionally, women have the burden of family
care, but they have fewer opportunities than men in controlling the resources and means
5
    Conclusions drawn in the course of different talks and meetings with women and young women.


                                                                                                  15
needed to fulfill these responsibilities. The high level of unemployment, low level of
education, under-employment, lack of needed qualifications or access to improve
qualifications, poor access and lack of choice in using family planning, being subjected to
violence, abuse or arbitrary decisions inside the family, and also the poor representation
in leading public and political structures, affect the deepening and feminisation of
poverty in Albania, and its prolongation.

Women's participation in the job market has decreased significantly during the transition
years. In 2005, 46.8 per cent of the active workforce. Women in Albania have less access
to new jobs than men, and subsequently the unemployment level amongst them is higher.
Despite the equal access that men and women have to higher education, this does not
secure women the same opportunities in the job market. The employment situation of
women is more favourable in the public administration sector, where women make up 56
per cent of the number of employees, with men taking the other 44 per cent. The
inequality is very obvious in the private sector, where a small number of women, only 17
per cent, reach the managing level. Similarly, the percentage of non-agricultural business
managed by women is low, only 2 per cent in the transport sector, and 25 per cent in the
services sector.

If we analyze the participation of women in the economically inactive population, we will
realize that they make up 53 per cent. This means that for every 100 women
economically active, around 53 of them are inactive, while this indicator for men is twice
as low, or only 31 per cent. Low scale of participation in the workforce spreads along all
the age groups. Women's participation in the job market represents one of the main
indicators of their economic empowerment, and it also impacts their role in securing
income in the family. Nevertheless, the data shows that there is inequality between
women and men in their participation in the job market, and this is mainly seen in the
statistical indicators of the workforce, and also in the employment statistics.

Referring to the statistics about the workforce balance for the year 2005, provided by
INSTAT, the level of employment is 60 per cent for men and 38.8 per cent for women,
while the level of unemployment for the whole country is 14.1 per cent; the
unemployment figure for men is 12.1 per cent and 17.2 per cent for women, figures that
show that the unemployment level in percentage is higher among the women. The data on
those employed in the public sector show that women occupy the highest percentage of
employment in professions like specialists or simple office workers, positions which are
paid less compared to professions like lawmaking, high officials and managers, policy
makers, etc. where men are more likely to be employed. Comparing the employment in
two levels, central and local level, data shows that women occupy a greater percentage at
the central level. So, in the central government institutions, 43 per cent of the employees
are women, while in the local administration this figure is 30 per cent. Employment of
women is mainly seen in the sectors of healthcare and education, and less in other sectors
like bar-restaurants, manufacturing, trade, etc.

Low figures in women's employment do not represent the reality about their work,
because these figures do not reflect the reproduction role which they play in the family,
starting with home maintenance, cooking, care for children and family members etc - all


                                                                                        16
these activities necessary for life which are considered ―unpaid‖ labour. Also, although
they might have the same education and qualification level as men, a difficulty to retain a
job is noticed among women, or even difference in remuneration, because of the job
positions they hold. Women are more at risk to lose their job, or are less likely to find
employment and their jobs to be saved, especially during the maternity leave period.
Low remuneration level for women is also affected by their low participation in private
self-employed activities, which secure higher income than the public sector. Low access
to property (only 8 per cent of women legally own a property), as well as the absence of
favourable policies that encourage private ventures for women, has resulted in a low
number of women who manage small, medium or big businesses. In 2005, only 17 per
cent of non-agricultural businesses were managed by women. Securing the equal
opportunities for paid employment helps to bring families out of poverty and ensures an
advancement in the status of women and girls within the family. From an analysis of the
factors contributing to the size of income, like age group, level of education, and gender,
the latter proves to contribute the most. Women are significantly less favoured than men,
with an average salary 35 per cent lower than men of the same education level. Also, a
more detailed analysis grouped by the sectors of economy, show that men's monthly net
pay is significantly higher than that of women in all sectors of the economy, and the
difference is most noticeable for those employed in the private non-agricultural sector.

1.1.3. Gender Disparities in Education

Education is a field where there have been some good results in equal access for males
and females. Reports state that in girls‘ participation in nine-year school level
(elementary school) is 48 per cent. In secondary schools participation of schoolgirls is
around 48 per cent compared to 55 per cent for schoolboys. In the university education,
the percentage of the women enrolled is higher than men, and is around 58.2 per cent.

While the registration of girls in schools is strong, the phenomenon we often deal with is
both formal and un-registered school drop out rates. An increase in girl drop outs is
evident, in absolute numbers, as well as percentage-wise (out of around 217,950 girls in
nine year education, around 1.1 per cent of them have left during the academic year
2005-2006). Either destroyed or non-existent infrastructure that leads to unsafe travel,
lack of sanitary environs (toilets) and the lack of drinking water are some of the factors
that make girls at that age leave school. Whereas the work by the non-governmental and
community organisations shows that the number of girls at risk from illiteracy is high,
differences in the treatment of boys and girls and in the organization of separate subjects
(for instance, physical education and housekeeping, in the course of which boys and girls
separate and go through activities reinforcing gender roles). Another real threat to the
school attendance are the 'informal' costs of education which represent a financial burden
on the poor families, and which can, in part, explain the non-attendance of children,
especially in rural and poorer areas of the country. Furthermore, social and cultural
reality supports the view that girls more often and more quickly abandon school to
contribute in the family economy, or to get married at a very young age.

Within the complete improvement of school curricula MoES, in cooperation with the


                                                                                        17
Institute for Curricula and Standards, has made a request to have gender perspective
mainstreamed by: (1) Reviewing and compiling programs in pre-university and university
education; (2) Reviewing and compiling new school text-books; (3) Compiling
instructions and methodological material for integration of gender perspectives into the
curriculum. In school programs treatment of gender orientation differs through levels. In
nine-grade education this treatment is inconsiderable. In secondary school, gender is
taught in the social courses curriculum as knowledge for society, history and literature. In
higher school levels, courses on gender issues are offered in programs of Social Work,
Psychology, Sociology, Journalism and Political Science in courses of literature,
psychology, social policies, philosophy, and culture. One part of the faculties prepares
students and specialists in gender issues to work in public sector and civil society. In
general, the school text books reviewed show that some steps have been taken to begin to
deal with the elimination of negative gender stereotypes – changes have also been made
in this regards in some teaching methodology guides. Although text-books have been
prepared by teachers, gender perspectives are almost absent. Moreover, in initial training,
teachers are given insufficient skills to deal with gender issues, as the trainings are
focused more on pedagogical methodologies. Having capacity to teach from a gender
perspective is not an integral part of teaching qualifications.

In preschool, nine-grade (elementary) and secondary system, the representation of
females is considerable. In nine-grade (elementary) education the percentage of females
continuous to grow both in urban and rural areas. In academic year 2005-2006 this figure
reached 66 per cent. Whereas in general the percentage of females in secondary education
is higher than the one of males, in rural areas it comprises only 43 per cent of teaching
personnel. In undergraduate education participation of women is low, 49 per cent
compared to 51 per cent of men, in all levels both in administration and in teaching
personnel. In directorates and education offices there is a representation of 59 per cent of
men and 41 per cent of females. In managing positions 92 per cent of regional managers
compared to 8 per cent of women, 83 per cent of managers in regional offices compared
to 17 per cent of woman-managers of these offices. Even though at the specialist and
support staff level, women have a higher percentage, they still remain underrepresented
compared to men (48 per cent versus 52 per cent specialists; 40 per cent versus 60 per
cent assistance employees).

1.1.4. Gender and Social Security

Political and economical reforms of the 1990s were accompanied with an increase in the
number of people exposed to poverty and social out casting. A special system of social
security has been devised to tackle this reality and is based on the following programmes:
(1) social security, (2) economical assistance, (3) income support for people with limited
ability, and (4) social services. The evaluation of vulnerability and social problems of
individuals (women and men) often signifies definition of the scale of their social out
casting from the normal life of the society, lack of policies and measures for protecting
their rights, and also the lack of possibility to use existing services in their community.
Vulnerability scale has defined unemployed women as one of the main groups at risk and
with social problems. During the last few years, the number of female heads of household



                                                                                         18
has increased, as widows, divorced, or those whose husbands have emigrated. Female
heads of family receive economic assistance or family pensions, when their husband has
been employed, and also from the humanitarian aid and employment services from the
NPOs. The following figures apply for the year 2007 only: number of unemployed
women shows 7,688; around 1,141 women get unemployment benefit; economic
assistance was receive by approximately 5,598 women, and the number of women - head
of family is 5,844.

Demographical differences in Albania have caused changes in Albanian family structure.
First of all, families aim to have less family members than prior to 1990s, when families
with more children were more common and extended family played an important role in
social and economic support. Albania was characterized with a demographic profile
which showed marriages at an early age, child birth in a relatively young age and that
divorces were rare. These tendencies now have changed, but new phenomenon is
presented as social problems in Albanian families. Hence, women as single parents is a
new phenomenon which is a result of international migration. Female heads of
households face severe challenges, unemployment and lack of child care support.
Balancing her role as the head of the household and the main wage earner is difficult and
requires support from social services.

Reasons for social disadvantage of women groups in need are: (a) because of the
unemployment in the country, a large number of them have been employed in the
private/informal sector; (b) because of the covering of both responsibilities, providing
food and care, women are given jobs with shorter working hours, jobs that do not require
mobility, long working hours and advanced professional skills. As a consequence, they
receive low pay, job insecurity, they have no social nor health insurance, are
overwhelmed (paid work on the job market and unpaid work at home), are underpaid,
are the sole care-givers, often sole food providers, are psychologically consumed, and as
a consequence they reflect everything on their children and families.

1.1.5. Gender and Health Care and Services

For the Ministry of Health, the protection of women‘s health represents a priority.
Because of this, its policies and strategies, supported by UNFPA as one of the main
donors in this field, puts woman at the centre stage of the reproductive health services,
aiming thus to integrate these services into the three levels of healthcare, with the priority
given to the primary healthcare. Continuous improvement of health remains a big
challenge for women and also for men. Receiving a qualitative healthcare is a major
factor for wellbeing, development, and general running of the whole society.

The biggest challenge concerning the presentation of the situation and inter-connection of
the gender issues in healthcare lies with the fact that there is little data grouped on the
basis of sex, hence the outlook of this situation relies on rare reports and information
which was not gathered systematically, mainly from various community-based or non-
profit organisations.




                                                                                           19
Gender issues in health sector. In general, gender inequalities are often based on the
biological differences between men and women. But on the other side, it is extremely
important to understand that in everyday life women and men perform different activities,
they often experience different realities, and they have needs and exercise different
responsibilities. While analyzing these roles in the context of health care, women and
men are exposed in different ways to health complications. This is related not only with
specifics of illnesses and health complications that are different for both sexes, but also
with social, economical, cultural and even political spheres that impact in different ways
women, men, boys and girls‘ health. It is important to mention that quality of life of
individuals must be viewed not only from the perspective of biological differences but
also from the different roles that society has attributed to them. On the other side, these
inequalities lead to different forms of social distinction, such as ethnicity or income level.
Taking these facts into consideration, we can say that there is a slight distinction on how
women and men of different social groups are impacted by issues of health care. Health
services must be dynamic, appropriate and contemporary, so that they can meet different
needs of individuals.

The concept of gender equalities in health sector is more related to fairness in health
treatment of all individuals rather then with equal treatment. By being focused on fairness
in disbursing and offering of health services, it is possible to avoid and disseminate and
offer health service, it is possible avoiding and abolishing disadvantages in health care for
women and men. In the last 15 years, health has encountered challenges in giving suitable
services for men and women. While more emphasis is given to reproductive health and
family planning, other health issues such as mental health or health in the workplace
leaves space for improvement. There is little information regarding illnesses which are
more prevalent among women and than among men; women are overloaded with work
and, when compared with men, tend towards specific illnesses such as malnutrition,
anaemia and other illnesses. There is even less information about perspectives of men and
women themselves regarding the role that they have to play in community health care,
their perceptions regarding common health issues, who in the family decides what
medications should be bought, etc. It is also very difficult to talk about different
tendencies increasing among girls and boys, illnesses from which they are affected more
frequently, and if these differences are related to different treatments of boys and girls.
As for reproductive health, referring to a study by UNDP conducted in 2001, Albania has
one of the lowest indexes for gender development, compared to Eastern European
countries.

Women have a low level of knowledge about HIV/AIDS and sexually transmitted
diseases, as well as poor culture for health in general and for reproductive health in
particular. Most vulnerable to these diseases are adolescents. Another factor that presents
risk for infection from STDs, is the fact of lack of empowerment of females to negotiate
with her partner the use of condoms during sexual intercourse, one of the best pr tools to
protect against HIV.

As for family planning, decisions for size of the family should be taken by both partners,
based on the opinion of females and males age 15 to 44 years, although among males,



                                                                                           20
percentage of those that agree with this statement is lower than among those of females
(approximately 96 per cent versus 89 per cent). There are not studies that report gender
differences on knowledge and attitude regarding decisions about family size and family
planning. Whereas based on a study conducted in 2002, in rural as well as urban
settlements, the main means of contraception remains ―withdrawal‖ (in urban settlement
88 per cent of females versus 92 per cent of males; in rural settlements 93 per cent of
females versus 99 per cent of males). However, for the last three years, as a result of
policies implemented by the Ministry of Health of increasing quality of services for
family planning and expanding these services in rural settlements, there has been an
improvement of indicators of using modern contraception methods, with an increase from
8 per cent in 2002 to 22 per cent in 2005. In addition, a number of public health centers
that offer services of family planning has tripled in comparison to that of 5 years ago.
Methods of contraception in these centers are provided for free.

Gender issues in accessing health information. Receiving information about health care
for males and females has been conducted mainly by social services provided by Ministry
of Health and donors, international organizations such as UNFPA, USAID, UNICEF and
different non-profit organisations, based on current concerns and in accordance to the
funds provided by different donors. Whereas secondary schools have included a course
on sexual education, informal relations of students mainly show not only that teachers are
not fully prepared to provide answers to student‘s questions, but seldom are classes
dedicated to this topic – rather, it is used to fill in gaps in the curriculum. Dissemination
of information can be described that lacks systematic approach. Educating women and
girls is associated with planned rhythms of births, with improvement of mother‘s and
children‘s health, as well as lower incidence of HIV/AIDS infections or even with
domestic violence. Initially an analysis is needed on how these services meet the needs of
males and females. Developing National Strategy for prevention and control of
prevalence of HIV/AIDS in Albanian, for period 2004 to 2010, emerged as a need of
several factors such as increase of number of diagnosed cases, modification of
population‘s behaviour, as for example tendency to have sexual intercourse at a younger
age, use of drugs, etc. One of the points from this strategy is to put an emphasis on risk
from infection with HIV/AIDS of women and females in Albania, for different reasons.

Gender issues in the system of providing health care. Lack of data on use of the system
in providing health care divided based on gender, as well as their level of approval about
these services, makes it hard to evaluate the situation. It has been noticed that women
have less time and possibilities to visit doctors as a consequence of great burden they face
while doing chores and looking after other family members. However the role of husband
as the main earner of incomes in the family, exercise a great pressure on them to accept
the fact of being ill, since economical and social consequences for the family would have
been great. Beside these factors, for women in distant rural zones, distance from hospitals
or health centers, lack of financial resources for transportation, restrictions of women to
move unaccompanied, quality of services provided in particular in some health centers in
rural zones, can limit receiving of these necessary services. Seldom do they rely on local
knowledge transmitted throughout generations and cases of home delivery in particular in
distant settlements are reported frequently. Women, in particular in rural and distant



                                                                                          21
settlements, have difficulties to obtain supporting health services such as water and
sanitary supply. Drinking water and toilets in many of these zones are situated outside
their living premises. Reform of the Primary Health Care initiated from Ministry of
Health shall improve the quality of work of these services offered by Health Centers,
where in a package of services that are offered by these centers, priority will have
services of reproductive health, health of mother and child.


1.1.6. Representation and the Presentation of Women in the Media

Albanian media reflect very few or not at all problems that trouble Albanian women,
such as education and employment opportunities, problems of domestic violence, sexual
harassment, etc. and when these phenomenon become part of the public debate.

Characterisation of female figure often is accompanied with unethical, insulting and
disparaging vocabulary. It occurs that coverage of realistic events fall under the light or
prejudice and events are reflected under the influence of negative stereotypes. The
female, in most of the cases, is presented in the position of the victim and rarely it
happens that she is presented as an individual that contributes to the development of the
society, not only for the sake of percentage that they take in comparison to the whole
population but, in particular to the values she embraces.

Traditional stereotypes of women are applied widely in media, and women are presented
as economically and emotionally dependable, weak, professionally incapable, from one
end and the other, dedicated housewife, family oriented, dedicated mother and partner. It
is a characteristic of the media that, when they need to use resources or pronunciation and
opinions of personalities of different fields, they refer to males, in particular in the field
of politics, economy, sports, etc. And voice of women professionals takes only little
space and it is quoted rarely in media.

Reflection of gender roles. From monitoring of visual national and local media
conducted during a couple of months in 2006, it was determined that: in TVSH women
and problems pertaining to women take 7 per cent; in TV Klan 10 per cent; in Top
Channel 5 per cent, in News 24 4 per cent, in TV Koha 5 per cent, TV Alsat 5 per cent.
Overall, the analysis determined that females and their problems take 7.8 per cent.
Monitoring 15 most popular newspapers on the following dates 13/09/06-20/09/06,
resulted that: Politics – In this rubric opinion of female politicians or analysts for the
figure of women in politic take only 6–7 per cent; Economy – This is the rubric that
almost entirely is male dominated , whereas female economists voices take only 1 – 2 per
cent; Social – 10-12 per cent of the space in this rubric is taken by women, where in 80
per cent of cases her figure is presented mainly in the position of the victim as a
consequence of occurrence of domestic violence, criminality and prostitution; Culture-
Sport – it is a finding that this is the most ―balanced‖ rubric as far as the place that
women problems take upon, which goes up to 20-25 per cent. However, in this rubric
attention of media is mainly focused on erotic rumours related to females that belong to
artistic worlds, culture and sport, where 90 per cent of cases take treatment of her outer



                                                                                           22
appearance, as well as female sexuality, nudism, seduction; Opinions-Interviews – In this
rubric 8-10 per cent are taken by female opinion-makers and only 2-3 per cent of these
opinions or interviews treat issues of gender problems.

Proportion of men-journalist/women journalist in media. Problem for Albanian media
remain not only reflection of masculine reality of the society and deformation of the
gender roles, but the fact that Albanian reality finds reflection in its construction
structures and functioning of the media. Hence, still proportion of the journalist/women
journalist is visibly in favour of the former and as more you approach the top of media
management hierarchy the gap increases.

From a survey conducted in 2006 resulted that, proportion social journalist/women
journalist is 55 per cent/45 per cent; politics 35 per cent/65 per cent; economy 40 per
cent/60 per cent, analyst 8 per cent/92 per cent in favour of men. In total, percentage of
females that work as journalist in written media is around 40 per cent, whereas in visual
media they represent 60 per cent as presenters, and 68 per cent as reporters.

Women journalist are more engaged in treating social themes, topics about environment,
education and lately they have started to change the proportion in their favour of topics in
the sphere of politics, but this proportion nevertheless continue to have low values when
international arena is discussed or political analysis, which continue to remain men
property.

Another disturbing problem of the Albanian media market is informal work of journalist.
Most of them work without a working contract and have no insurance. Based on a study
by Ministry of Labour (2003), 75 per cent of journalists do not have working contracts;
whereas in April 2004, Journalists‘ Union of Albania declared that this number reaches
90 per cent.

Field journalists result mostly discriminated and defenceless and it goes without saying
that they do not reach to protect and represent their rights, to what extent will they be able
to reflect and protect the rights and interests of the society or any particular social group.

1.1.7 Addressing Domestic Violence

According to the definition in the Albanian legislation, ‗domestic violence‘ means an
action or omission committed between persons who are or were in a family relation,
resulting in a violation of their physical, moral, psychological, sexual, social or economic
integrity. Domestic violence is not often reported. The Albanian society has regarded it as
a private issue, putting little or no focus on preventing it, where attention has been given
mainly by different non-profit organisations.

While studies have not been systematic, they have shown that domestic violence is
widely present in the Albanian society. Domestic violence goes across the lines of age,
gender, ethnicity, religion, economic status, disability or geography; however, most of its
reported victims are women. One third of Albanian women are estimated to be



                                                                                           23
experiencing a form of domestic violence. This includes ill-treatment, beating and, in
some cases, abduction and trafficking by their own family members. Surveys in the past
ten years have shown that over one quarter of women report that they have been victims
of emotional and sexual violence, and that rural women are more affected by physical
violence (see: Refleksione, 1995, 1996; Bregu & Gjermeni, 2003, Aleanca Gjinore për
Zhvillim—Gender Alliance for Development—2006). The Albanian Counseling Center
for Women and Girls (Qendra e Këshillimit për Gratë dhe Vajzat) reported that it
received about 6,670 phone calls from violated women and girls in 2004. Ministry of
Interior figures for 2005 show that there 102 cases of domestic crime, of which 21 were
homicide cases and 25 were murder threats. Children, too, have been victims of domestic
violence. A 2006 UNICEF study showed that one in five children had experienced
dizziness, one in fourteen children had experienced fainting, and one in four children had
experienced bruising and bleeding due to beating.6

1. 1.7.1 Initiatives and Issues in the Area of Domestic Violence Prevention
Prevention of domestic violence is a complex issue that is mainly promoted by the
activity of non-profit organisations. In the context of prevention, it is essential to provide
victims of domestic violence with access to information and counseling. Also,
professionals should have the appropriate knowledge of how to respond to early signs of
abuse.

General public awareness-raising. A few important forms of prevention include general
public awareness-raising and education on the media, changing public attitudes
particularly among the youth, rapid provision of support for victims in order to prevent
the reoccurrence of violence, information on where to receive legal or social support, and
apprehension of persons committing domestic violence in order to prevent them from
repeating their acts. Little has been done in any of those lines of action. The little
evidence on the degree of domestic violence mainly comes from NPO studies. There is
not a database or a public information center in this area. In addition, the media rarely go
beyond the sensation element of domestic violence in their coverage of the phenomenon.

Education of children and youth. The education system is a very important factor for
changing the attitudes of the younger generations. The analysis in this area has shown
that the Ministry of Education and Sciences (MoES) lacks clear curriculum policies for
the establishment of an organized model, which would guide curriculum and textbook
experts in addressing issues related to domestic violence. It is recommended that
domestic violence issues are discussed in schools, but there are not any school curricula
to provide information about violence—child abuse and incest, senior citizen abuse,
physical and emotional abuse, sexual abuse—in the context of teaching students general
knowledge and skills. Curricula standards do not provide for teaching practices that
would help teachers convey the necessary knowledge, skills and behavior to their
students, so that they can tell violence and know how to respond to it. Domestic violence
is mostly covered in the preschool education system through encouraging positive
relationships, respect for other persons‘ feelings and ideas, group decision-making,
meetings with parents, the local government and teachers, and the inclusion of
6
    Tamo & Karaj, 2006


                                                                                           24
educational and cognitive activities in the triangle of teacher-parent-child relationship.
For instance, according to Standard 1, early childhood education encourages an optimal
development of the child relying on positive relationships with adults and not on
addressing issues through the use of force. Violence against children is identified,
addressed and treated by social workers, preschool teachers and parents; however, it is
not clear which the specialized institutions and services to be provided for the children,
nor is the role of psychologists and social workers clearly identified in the education
activities and philosophy.

Extra-curriculum activities are carried out on the basis of rich materials on the rights of
the child and integration in international political structures. Domestic violence is
addressed mainly in the framework of the Convention on the Rights of the Child, but not
as a specific activity that aims at integrating child victims of violence and abuse.
Publications by the Institute of Curricula and Standards—literature on the rights of the
child, student‘s and teacher‘s books, Tolerance, Threshold of Knowledge series, ―Extra-
curriculum Activities for Grades 1-12‖—cover the education of students on new civic
norms in a comprehensive and continuous way. The activities organized as per the given
instructions train children to recognize risks and protect themselves against them, be
tolerant and take the right approach to addressing conflicts and avoid violence; even here,
however, the concept of domestic violence is considered as an alternative topic to be
covered by teachers. Education activities do not have integration programs for child
victims of domestic violence and abuse. Education plans lack the objectives that are
evaluated by psychologists or social workers.

The biggest challenge in this area is that Albanian textbooks are developed by
independent authors who lack the necessary training that would help them meet the
standards and curriculum requirements. Tackling domestic violence is not an objective
for textbook authors. Publishing houses work independently from institutions that
develop standards and curricula, which results in a failure to cover the objectives
qualitatively. Domestic violence issues are not spelled explicitly in the mandatory nine-
year education subject of social education (basic textbooks). The child is still considered
as a myth of human love and understanding. The newly developed textbooks, which are
based on standards and curriculum objectives, take new approaches to the concept the
family, division of tasks in the family, respect for the elderly, acceptance of students with
disabilities in their social groups, recognition of responsibilities and respect for human
rights. In the course of activities and exercises, students are trained to take the approach
of understanding and tolerance to addressing conflict. In secondary education, domestic
violence is covered in the context of family relationship knowledge, but not as a separate
group of topics. Students are taught about concepts of the family, life within family
relationships, domestic violence, and family exposure to negative phenomena in an open
society such as prostitution, pornography, trafficking, etc.; they are not provided,
however, with the necessary information and skills to be prepared for domestic life and
address issues that arise within that important social context. Across the school system,
there is a need to introduce additional literature on domestic violence issues.

Another problem is the low level of school staff training. Teachers tend to be



                                                                                          25
overburdened with numerous tasks, and their job agreements lack special clauses on
addressing domestic violence issues in extra-curriculum activities. Teachers often lack
proper communication skills and exercise verbal violence against children. Furthermore,
there is not a code of conduct for handling children. The establishment of a unique
system for treating child victims of domestic violence is not a primary objective for
MoES. The Ministry has not provided for the training of teaching staff on domestic
violence issues and does not have any projects for situation assessment and development
of proposals for local or national piloting. QKTA does not have any training programs on
domestic violence because that is not one of their objectives. QKAVP does not have a
network of data on domestic violence, because this issue has been not been addressed in
its research and action. Their services focus on training DRA inspectors and rural
teachers in various districts. Alternative services provided by various associations are not
coordinated and distributed effectively across important areas and suffer from financial
restrictions.

Traditionally, schools are not considered as education institutions but rather as a place
where students are provided with knowledge. Therefore, school masters and boards do
not consider domestic violence as a priority of their educational activities and services.
School education annual plans on domestic violence are not considered as a priority, or
are considered only as a perfunctory task for teachers, who dedicate to it only two hours a
year. Support is provided only in extreme cases, mainly in the form of separate individual
counseling, cash assistance or student partnership. School masters do not have a protocol
for presenting cases of violated children. Currently, schools are asked to be responsible
for the services they provide, but they lack human capacities. According to SKZHAP,
schools are not supported with the necessary legislation on fund management and
community participation in developing policies for improving their services. Therefore,
their work is based on MoES recommendations.

Security and cleaning personnel are not trained on behavior monitoring and protection of
child victims of violence.

Provision of prevention support. One of the challenges for the Albanian public health
system is addressing domestic violence as a public health issue.7 In addition to physical
damage and immediate trauma due to abuse, domestic violence contributes to a number
of chronic health disorders, including depression, alcohol abuse and use of other chemical
substances, and it also prevents women from managing other chronic disease such as
diabetes and high blood pressure. Little has been done, however, to improve public health
response to domestic violence through public policies, health education and prevention
efforts. There is a critical gap in providing care for violated individuals. Many health
professionals only identify health issues to be cured and send back victims to their
homes, which is also the setting where the original violence took place. One reason for
this is that health professionals lack support for and training on the identification of
domestic violence victims.

Under the traditional Albanian health care model, physicians do not have the legal
7
    Long-Term Strategy for Health System Development, 2004


                                                                                         26
responsibility for asking their patients about the cause of their injuries, wounds or
fractures and recording their answers in the patient records. As a result, physicians treat
the ―physical symptoms‖, while the violence behind such symptoms always remains
―untreated‖, or, rather, not addressed. Only 13 per cent of health service providers report
that they record violence cases, of which only 4 per cent report recording both the case
and the cause of violence. So, patient records provide information only about diagnosis
protocols and personal details. One reason for this, in addition to lack of legal
responsibility for recording cases of violence, lack of a clear protocol and awareness of
the importance of documentation, is the inadequate level of professional skills to address
this sensitive issue without putting patients at risk (SHKPS, 2006).

Health professionals lack the basic skills and awareness that would help them overcome
their personal barriers in the area of domestic violence. According to a study by the
National Association of Social Workers (2006), which was carried out in the districts of
Dibra, Shkodra, Pogradec, Tirana and Vlora, health care providers are not clear about the
attitude to take to gender-based violence. In a written questionnaire, 37 per cent of
respondents reported that they considered violence an internal issue of families, while
most of the participants in the focus groups said that they did not agree with that stance,
considering it as a social issue (SHKPS, 2006). One of the General Tasks for a Physician,
laid down in the Article 8 of the Medical Deontology Code (Kalaj, 2001) is ―…if a
physician finds a person (deprived of his/her freedom) to have suffered ill-treatment, after
receiving confirmation of this by the concerned person, the physician shall notify legal
authorities of this‖. Under Responsibilities to Patients, the same Code stipulates in its
Article 43: ―When, during a medical examination, a physician finds that a child has been
ill-treated, the physician shall take the necessary measures for the protection of that child.
He/she shall do this in a prudent and mature manner; however, if the physician deems it
necessary, he/she shall notify the responsible authorities of this, particularly in the case of
children under the age of fifteen.‖ The Code does not provide for special treatment of
patients that are victims of domestic violence. The provision on ill-treatment of children
does not provide for especially when the ill-treatment comes from family members;
furthermore, the notification of responsible authorities is left to the physician‘s judgment
and is not laid down as an obligation. To compound things even more, ―responsible
authorities‖ are not specified clearly.

1.1.7.2 Initiatives undertaken and problems surrounding justice and protection

The legal system and the justice system have a major role to play in the process of the
democratisation of the family and social life with a view to offering the necessary support
to households, in order to prevent and protect their members from ill-treatment, and
preserve household‘s stability. Safety of all the household members should be a priority
in the performance of the court, case management, the performance of the public
prosecutor‘s office, the defence lawyer, and the police...

The comprehensive or less comprehensive legal framework, and the bodies forming the
justice system, allowing for the hurdles, (non-)coordination, structures and mentalities
within them, exercise a direct or indirect impact on numerous victims‘ and perpetrators‘



                                                                                            27
life. Achievement of the impartiality, independence and professionalism standards in the
Albanian justice system, where everybody‘s ―power‖ depends on the extent to which
power and right are granted under the law, where an end is put to (re)sacrificing and
(re)victimisation of the victims of domestic violence, is a legal obligation, a moral
mission and civic contribution so as to protect the rights of the category, whose rights
have unjustly been encroached upon.

―An analysis of the justice system shows that the rating of Albanian public‘s trust in this
system is low.‖8 Hence, reforms of the justice system, the legal system and at large, are
still short of meeting the public‘s expectations in receiving a service of the standard that
the latter is expecting the legal and judicial system in Albania to offer. If insecurity builds
up domestic violence because of lack of legislation, or the approaches adopted by the
justice system, then hopes for democracy and recovery die out, too. Escalation of
domestic violence in the Albanian family to the point of taking away the life of the other,
or driving them to committing suicide, has indeed become a matter of concern 9 for the
whole society, and particularly, for the law enforcement bodies.

1.1.7.2.1 Summary of the main findings from an analysis of the legal framework

The Constitution of the Republic of Albania sanctions the protection of the individual‘s
rights and freedoms, and prohibition of discrimination. It also provides for special
protection for the family, children, young people, pregnant women and young mothers.
Likewise, important international instruments ratified by Albania, including the
Convention for the Elimination of All Forms of Discrimination against Woman, the
Convention on the Rights of the Child, the Convention against Torture and Cruel,
Inhuman or Degrading Treatment or Punishment, lay down obligations for the Albanian
State to comply with certain standards, offering appropriate protection from violence to
individuals (even within the family). The same may also hold true for a number of
Conventions of the Council of Europe.

However, the legal framework addressing domestic violence is still incomplete:

Criminal Code:
 It does not prescribe domestic violence as a qualitative circumstance in certain
   offences, including violent sexual relations, battering and other violent acts,
   murdering, wounding and bullying.
 It contains no provisions for the protection of children from violence and abuse, as
   well as household members‘ neglect.
 It is short of certain provisions prohibiting/punishing children‘s exposure to situations
   where they may become witnesses to violence (which, even though indirectly, largely
   affects their normal development and physical and psychological well-being).
 Sentence-focussed policies as regards domestic violence are not severe enough.
   Likewise, certain alternative sentences, which are more appropriate for cases
   involving domestic violence.

8
    Analysis of the Legislative System in Albania, Tirana: OSCE, 2004.
9
    CLCI, ―For as an effective enforcement of legislation as possible...,‖ pp. 32,39.


                                                                                            28
 No special provisions are prescribed for the protection of the elderly household
  members from violence, abuse and neglect.

Criminal Procedure Code
 The Criminal Procedure Code relates initiation of proceedings against certain
   criminal offences to the victim‘s initiatives, thus creating the impression and sending
   out the wrong message that domestic violence is not so very important a matter for
   the State to (largely) involve itself, but is a private issue among parties.
 Likewise, the Criminal Procedure Code does not abide by the policy of non-
   termination of the case where plaintiff withdraws from the process. Given that in
   cases involving domestic violence more often than not the victim withdraws
   denunciation out of fear and pressures, the Criminal Procedure Code should provide
   for provisions allowing the public prosecutor to go on with the legal proceedings of
   cases involving domestic violence, even if the victim withdraws.
 Likewise, provisions regulating and coordinating the filing of a civil lawsuit inside
   the criminal process should be reviewed and explained better.

Civil Code
 For cases involving domestic violence it does not contain specific provisions
   providing for an effective leeway for the victim to receive damages for the moral and
   material harm suffered.

Family Code
 Article 62 of the Family Code provides for the taking of violent husband away from
  home, implying violence being administered by one spouse against the other only,
  and not violence against the other household members. So far, this provision has not
  been accompanied by the necessary procedural provisions that would regulate the
  way in which this sanction would be undertaken, as well as its duration. However,
  these shortcomings are being addressed by the new law on domestic violence.
 It is lacking in special and more simplified procedures for divorcing on account of
  violence.
 Likewise, there is no special arrangement in place with regard to effects that domestic
  violence may have on exercising parental responsibility, on leaving a child under the
  custody of one parent to be brought up and educated, and the right to paying a visit or
  having housing.

1.1.7.2.2 Summary of the main findings from an analysis of the justice system

Judicial power10
An analysis of the roles, responsibilities and functioning of the judiciary identified the
following as some of the most significant issues surrounding domestic violence:
 Even though the constitutional conditions exist, a specialised juvenile court is not yet
    in place in Albania.

10
  Law no. 8436, dated 28 December 1998, ―On the organisation of the judicial power in
the Republic of Albania.‖


                                                                                       29
 The Albanian judges are mandated to consider all penal, civil, administrative,
  commercial, and family cases, as well as all the other cases prescribed by law.
  However, the internal division of labour within courts and specialisation of certain
  judges for handling cases involving domestic violence is of import.
 The public has limited trust in the judiciary‘s performance and authority. There have
  been charges for corruption, procrastination of trials, non-transparent trials, and lack
  of professionalism among judges.
 The judiciary administration employees have not received special training how to
  welcome, orientate and treat the victims of domestic violence.
 Citizens are not well-informed about the way how the judicial power functions and
  their rights. Hence, instead of turning to the court, they file their complaint with the
  Ministry of Justice, thus missing out on the time frame within which they may lodge
  their complaint to a higher judicial body. Likewise, no easy-made and simple forms
  are available in order to facilitate citizens‘ access to the justice system.
 The judiciary does not boast clear, detailed or reliable statistics on cases involving
  domestic violence overall, and particularly, violence administered against/by
  children, against/by the elderly and women. A unified system to report the statistics
  containing the following data, is inexistent:
   Number of cases involving domestic violence taken to court and number of court
      decisions made about them.
   Average length of time for handling the case till a final decision is made.
   Execution of decision or not.
   Number of judges trained in the area of domestic violence, ethics, human rights,
      and violence-focussed case management.
   Number of trained administrative staff.
 Lack of statistics is at the same time associated with shortage of studies of the
  effectiveness of sentences and decisions made by the judiciary in order to fight
  domestic violence, which renders accurate and informed intervention for plausible
  improvements impossible.
 Argumentation contained in the court decisions is found to be superficial, devoid of
  clear-cut analyses of the fact of and the causes for domestic violence. Pronounced
  schematisation characterises criminal, civil and family law decisions. Arguments
  produced by courts should be well reasoned out and not a general routine given that
  they may both play an explanatory and educating role and shape the idea in the eyes
  of the public and interested parties, and particularly, perpetrators that domestic
  violence is intolerable and condemnable by the justice system.
 Experience surrounding criminal cases has demonstrated that punishment has not
  always been indicative of the gravity of case, and that the facilitating or aggravating
  circumstances have not been applied correctly. Failure to punish abusers makes the
  victims overall, and particularly, those in rural areas, turn away from the justice
  system.
 Meanwhile, even though, in principle, battering, wounding and other forms of
  physical and psychic violence are criminal offences and are liable to punishment, in
  the juridical practice and that of the law professionals it is noted that, if they involve
  household members, they are not handled with due seriousness.




                                                                                         30
 Whereas the reality reveals cases involving children‘s abuse by parents, in the
  juridical practice these cases are in very low number as a child finds it difficult to
  denounce his parent as abuser. On the other hand, specialised knowledge of the trial
  approach, and the techniques of questioning the minors, who are part of the domestic
  violence, in conformity with their age and physiological peculiarities, is still limited.
 Even in the case of violent children it is noted that the legal coercive measures, which
  may lead to grave psychological, moral and physical consequences for the minor, are
  misused.
 Judges should make sure that the rules of procedure provide for prohibition of the
  humiliating and/or unauthorised question being posed to the victims of or witnesses to
  domestic violence, so as to reduce the traumatic effects of proceedings on or the re-
  victimisation of those affected by domestic violence.
 Basic infrastructure and services are overall insufficient. Trials still happen to be held
  under inappropriate conditions. Protective infrastructure is not in place, or protective
  measures for the victims of domestic violence, as well as for the judges themselves,
  during the process of investigation and trial are not guaranteed.
 A significant shortcoming concerns lack of coordination among structures. Inter-
  institutional agreements that offer multi-disciplinary protection to victims of domestic
  violence and unification of services are not in place. Such agreements may include
  those with police, emergency services (ambulances), forensic medicine, legal
  psychiatry, hospitals, local government (about plausible housing and other social
  services), advocacy (legal aid and free-of-charge counselling and defence), and non-
  profit organisations. Increased effectiveness and efficiency of the justice system is
  closely related to the level of cooperation between the judiciary and the other
  structures enforcing the decisions and legislation, including the public prosecutor‘s
  office, police and judiciary police, and bailiff‘s office.

Ministry of Justice

Apart from the specific role the Ministry of Justice has to seriously play in terms of the
harmonisation of the Albanian legislation that helps combat and prevent domestic
violence, the following shortcomings are also noted:

 Legislation and Legal Aid Directorate (part of the General Directorate of
  Codification) still does not boast a study on justice and legislation applicable in cases
  involving domestic violence.
 The Juvenile Justice Directorate, which is involved in and coordinates activities in
  defence of juveniles‘ rights and legitimate interests in the area of justice, and for the
  juveniles‘ legal education and prevention of breaches of law by them, does not
  possess clear statistics, divided by age-groups. This renders development of policies
  designed for preventing criminality among these age-groups and protecting juveniles‘
  rights difficult.
 The Ministry of Justice has not yet enacted subordinate legal acts relating to the
  functioning of the Forensic Medicine Institute, which will allow:
          o Enhanced performance on the part of the forensic medical experts so that
               they produce expert opinions even at the request of the affected person



                                                                                         31
             that files a charge in the case of criminal offences, which basically are not
             pursued legally (many of them concern domestic violence). Actually, the
             victims of domestic violence need authorisation by the police or the public
             prosecutor‘s office so as to be subjected to forensic medical expertise,
             with the procedure to the detriment of the victim being prolonged.
           o Reimbursement of expenses made by victims of domestic violence (in
             cooperation with the Ministry of the Economy and the Ministry of
             Finances).

High Council of Justice and the Inspectorate of the High Council of Justice
Under the situation where domestic violence is a matter of concern and victims‘ access to
the justice system is not of such a level that bears comparison with European standards,
the High Council of Justice should discuss that, in evaluating the judges‘ professional
skills, it should collect data and also consider criteria related to the ethics, honesty and
the way how a judge addresses domestic violence issues; it should orientate the checking
conducted by the Inspectorate of the High Council of Justice on these issues and
decisions; and it should recommend the judges‘ being educated with these issues.

School of Magistrates
Even though domestic violence issues have been part of the contents of the initial and
ongoing training, the recommendation is that these sessions are kept going for as long as
domestic violence remains a very serious issue, with the approaches adopted by the
justice system being still fragile. The School should focus its attention on hosting
regional conferences and meetings bearing also in mind specific characteristics of
different regions in Albania, on staging mock trials, on conducting studies, on preparing
the training modules, and on developing questionnaires about knowledge, sensitivity,
needs and trends of the justice system. The hosting of multi-disciplinary sessions, with
other players of the justice system attending, is also important. In the academic year
2003-2004, for the first time the School of Magistrate introduced elements of domestic
violence and gender equality into the curriculum of basic formation. In adopting the
curriculum of the basic and ongoing formation, the Steering Council of the School should
lay emphasis on the inclusion of topical themes on domestic violence so as to ensure
continuity.

Public prosecutor’s office
Specialised public prosecutors capable of dealing with particular aspects of the legal
proceedings of the criminal offences of domestic violence and victims‘ treatment, are
missing at all the levels of public prosecutor‘s offices at a national level. Appropriate
attention is not devoted to criminal offences, including battering or wounding, and this
becomes a cause for violence to exacerbate to the point of being followed by grave
criminal offences resulting in death. The punishment proposed to be inflicted on the
perpetrator is overall light, and should fit the crime. Reporting, as compared to the real
situation, is limited, with this reflecting the lack of trust in this body.

The majority of criminal offences relating to domestic violence fall under the category of
those criminal offences with regard to which legal proceedings start off following lodging



                                                                                         32
of the complaint by the affected plaintiff. For this reason, their reporting is not recorded
at the public prosecutor’s office, and is directly submitted to the court for the latter to
exercise its powers (CLCI, ―For as correct enforcement of legislation as possible ...,‖
p.17). Even though the public prosecutor‘s office is duty bound to inform public opinion
about the activity it is involved in, it is prohibited to provide data affecting the
investigation process encroaching on persons‘ dignity and private life, and infringing
juveniles‘ rights and public moral. Training on these and other issues concerning the
public prosecutor‘s representative skills in court is still inadequate. Insufficient
knowledge of proceedings in cases where the victim is not (has died), or does not want to
file a complaint, is found.

Judicial police
Judicial police carries out investigation of criminal offences, under guidance and
supervision of the public prosecutor‘s office.
 The organisation of the judicial police structures is complex, with the connections
   between the judicial police and other structures of the police being unclear. The
   operational performance of the police still calls for more discretion (the public
   prosecutor‘s approval of the investigative actions concerning domestic violence
   situations should be clearer). A sector tasked with handling issues surrounding
   domestic violence, is not in place.
 The police bodies are not clear about their obligation to offer support and protection
   to victims of domestic violence. Training of police on human rights, code of conduct,
   professional performance and domestic violation is not yet carried out in compliance
   with the appropriate standard and to the appropriate extent.
 Documentation of criminal facts by the judicial police leaves to be desired and this
   has led to it that, despite the considerable number of reports, decision has been taken
   not to start proceedings (CLCI, ―For as an effective enforcement of legislation as
   possible ...,‖ p. 33). The judicial police are not in possession of special registers
   containing detailed statistical data on victims of violence appearing at the judicial
   police and police bodies, in general.
 Judicial police‘s knowledge of the classification of a criminal offence does not meet
   the required standard, with it being blamed also for the above-mentioned effect.
 Clear-cut procedural protocols on the steps to be taken by the police and judicial
   police when dealing with cases involving domestic violence are not in place.
 Agreements of cooperation among judicial police, police and other governmental and
   non-governmental structures that offer services to victims.

Bailiff’s office
 Bailiffs have not received training on cooperation with public prosecutors, judges and
   police, and overall, there are no agreements of cooperation among structures.
 Victims of violence are not exempted from payment in the event of the execution of
   decisions relating to domestic violence.
 There are delays in the performance of the bailiff‘s office, or failures to carry out the
   orders of the executive branch, which in the event of domestic violence may have
   consequences for the victim‘s life.




                                                                                         33
Legal aid and advocacy
The legislation providing for the right to legal defence is of a good level, with its
enforcement coming across difficulties. This is due to lack of subordinate legal acts, as
well as subjective reasons, which actually encroach on the effectiveness of the right to
defence. Free-of-charge legal aid is generally offered to that category of persons who
have limited possibilities, or have it impossible to cope with the expenses incurred to
resolve legal issues. With the adoption of the new law on domestic violence, victims are
provided with free-of-charge legal aid. Implementation of this new provision is important
at this point.

In the meantime, in order to ensure the effectiveness of defence exercised by advocate
lawyers (whether free of charge or not), it is necessary to reduce to the minimum or
eliminate problems related to professional code of conduct, including giving up
defence during the process, lack of professionalism, failure to show up in different
judicial hearings, and procrastination of the process.

Better coordination between courts and public prosecutor‘s offices (they assign the free-
of-charge defence lawyer), on the one hand, and local chambers of advocates in the
districts, on the other hand, is required to enhance the quality of representation and
defence of the victims of domestic violence. This calls for developing the rosters of free-
of-charge advocate lawyers who have a rich professional background on domestic
violence issues, and making those names available to the court and public prosecutor‘s
office.

On account of the importance and difficulty surrounding them, domestic violence issues
call for a high level of professionalism among the defence lawyers, and the specialisation
and experience of those assigned to do such defence. So far, little attention has been
devoted to this aspect of the defence lawyers‘ professional background. The level of
professionalism among defence lawyers in different districts is different. Under these
conditions, the General Council of the National Chamber of Advocates is faced with the
immediate task of developing programmes, modules and detailed training agendas for the
legal interns and those exercising the profession overall.

The Steering Council of the National Chamber of Advocates should make sure that,
alongside the column containing questions about the would-be defence lawyers‘
qualifications, on a case-by-case basis, columns containing questions about the peculiar
features surrounding the defence of victims of domestic violence, and largely, of
children, women and the elderly, and filing of a civil lawsuit within the criminal process,
are included.

Legal aid to the victims of domestic violence is also offered by non-profit organisations
operating in this area. Indeed, some of them have offered a highly qualified service. They
include the Centre for Legal and Civil Initiatives (CLCI) (the former Advocacy Centre
for Women), Legal Clinic for Minors and the Centre for the Protection of the Rights of
Children in Albania. State‘s support to these services and centres is taking place in the
framework of increased access to the justice system. The State is duty bound to prepare



                                                                                        34
the licensing process and offer support to non-profit organisations licensed to provide
free-of-charge defence to victims, and to provide for their exemption from financial
obligations towards tax offices in favour of the State‘s cash box. Coordination of training
sessions on best practices with defence lawyers from non-profit organisations involved in
the legal defence, is recommended.

Ministry of Interior. State Police. Police School
At a central level, the Child Defence Sector at the Ministry of Interior is one of the
structures most involved in domestic violence issues. At a regional level, twelve Police
Directorates at the Regions are in place.

 Professionally speaking, the police is still falling short of performing its roles in
  preventing the phenomenon of domestic violence, and in identifying, registering,
  following up on, and resolving different disputes associated with or followed by
  exercise of domestic violence. No reviews of the responsibilities the police may bear
  and the preventive role it may play in cases involving a crime within households and
  suicides, are carried out.
 Establishment of a reference and case management system designed for violated
  children, women and elderly, at all the levels of the police, is a matter of urgency.
 The standards of the police service offered by the relevant structures are still
  unsatisfactory. The ways how the police will keep violent individuals and households
  at risk to suffer violence under control, are not clear.
 No handbooks pointing in a simple and operational way to the procedural actions the
  police should undertake following receipt of notification about a violent act within the
  family, and no protocols regulating the quick communication between the police and
  the public prosecutor‘s office and the other multi-disciplinary services designated for
  the defence of the victim, are in place. There are no agreements for this purpose
  among the police structures, the non-profit organisations, health service, education
  and the media.
 The tasks of a preventive effect that the criminal police inspector and the inspector in
  charge of a given area should carry out following reporting of a criminal act to the
  public prosecutor‘s office, with a view to possibly preventing intensification of the
  conflict, which may trigger off another criminal act, are not clear.
 There is still no evident public telephone number that citizens may dial to report
  domestic violence.
 Overall, police officers have not received specific training so as to be able to address
  cases involving domestic violence in a serious and professional way. Disciplinary
  measures should also include cases of neglect with reference to domestic violence.
  Re-victimisation by the police is an irreparable damage.
 Indicators regarding recruitment of female employees in the structures of this police,
  as well as social workers in the police stations so that they may provide professional
  support to a violated person, seem to be still limited.
 So far, there has been no periodical highlighting or statistics referring to cases of
  domestic violence reported to the police. Nonetheless, thanks to the foreign aid
  provided to police structures, the system of automated registration TIMS, to which all
  the police employees will have unlimited access and public prosecutors and judges



                                                                                        35
     will have limited access, is under construction. The TIMS reporting system will also
     contain data on domestic violence. Hence, the training of police officers on the
     operation of the system, and the development of subordinate legislation (directives)
     on the data to be automatically entered into the system, is important.

Public notary’s office
No free-of-charge services for authenticating legal acts in favour of low income victims
of domestic violence are provided for. Public notaries‘ training on different issues of the
professional code of conduct is highly limited.

Forensic medicine
The Forensic Medicine Service is still in need of specialised training for the forensic
medical experts and protocols on training on cases involving domestic violence, and on
the way how examination is conducted and records are taken down. Experts should also
be in possession of the package with the necessary tools for examining the cases
involving domestic violence. Instructions for taking down statistics should be developed,
and agreements of cooperation with the other services offered to victims should be
concluded.

Faculty of Law. Post-graduate schools
The increase in the number of the faculties of law immediately calls for the unification of
the standard of knowledge in several subjects and at several levels among all the public
and private faculties so as to make sure that the students do have the required knowledge
of the meaning of domestic violence, the forms in which it unfolds, and the legal
approach towards violent behaviours. Not all the faculties boast such legal clinics (or,
even where they exist, they are not in use), that stimulate training of students‘ teams both
theoretically and practically. The domestic violence issue and the way how it is addressed
by the justice system are not yet incorporated into the curriculum of some subject in the
majority of the faculties of law. Teachers and students should be encouraged to conduct
scientific research on domestic violence (for university and post-graduate studies), and
the measures to prevent and protect the victims.

1.1.7.3 Initiatives launched and the problems surrounding social services

As early as 1996, in their report Domestic Violence in Albania the Human Rights
Advocates recommend that the Albanian State should look after the victims of domestic
violence, extending legal and social services to them.11 CEDAW, likewise, recommends
that measures should be taken to set up ―shelters‖ for women and children subjected to
domestic violence, and for the necessary staff to be trained so as to be able to handle
victims of domestic violence from the legal and social points of view.

Irrespective of the recommendations, the contributions to the written and electronic

11
 Amnesty International 2006, Albania: Violence against Women in the Family Is Not
Her Shame. http://web.amnesty.org/library/Index/ENGEUR110052006?open&of=ENG-
ALB


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media, where domestic violence is denounced, and the capacity building among a number
of non-profit organisations are the only actions that have been undertaken so far. Women
and children, against whom domestic violence is administered, find it impossible to
receive services, assistance and support by public organisations. Even though, at a local
government level, there are sectors dealing with education and social services, which are
duty bound to cope with domestic violence, because of the process of the decentralisation
of power many problems have been avoided. Social services offered by the local
government are only reduced to financial assistance, or to addressing violence at the
police station, non-profit organisation or hospital.

The service provided by the psychologist/social worker is the most specialised service
providing assistance to children subjected to domestic violence, still at the stage of a
project. In 140 countries, the psychologist‘s services are attached to schools. However,
not all these services are carried out by professionals who have been graduated as such.
According to the annex on Psychological Service at School developed by the Curricula
Directorate at the Ministry of Education and Science, it is recommended that this job is
also performed by persons whose job is approximate to that of the psychologist, which
has led to reduced quality of the performance and impact on children. Under the said
project, this job is focussed on promoting physical and mental development and
providing assistance to enhance the quality of teaching and learning. Under this
recommendation, the psychologist‘s job is separate and specified, while it is advisable
that the social worker should deal with other issues. In many cases, these jobs have been
unified. The service staff for the psychologist and social worker does not have specific
training. The social or health services have not set treatment of children abused by
domestic violence as the goal of their performance.

Even though the majority of kindergartens and schools have been recovered, they have
not provided for recreational environments for children abused by domestic violence,
including relaxing rooms, a dining annex, an art room, a room for hand games, and the
information and communication environments. The existing environments, including the
library, the activity rooms, the gyms, and the computer rooms are little made use of to
serve these children. The buildings do not offer high safety, and the fencing and
communication systems are inefficient. The large number of students in a class, in certain
areas, is of great concern to these children.

According to the report by Amnesty International 2006, the Albanian Government has
failed in providing legal defence to victims of violence, and in offering social services to
them for their reintegration.


1.2 LEGAL FRAMEWORKS FOR GENDER EQUALITY AND DOMESTIC VIOLENCE

1.2.1 GENDER EQUALITY
The Law sanctioning of equality of all citizens (Article 18 of the Constitution), stipulates
that husband and wife are equal and are to be treated the same, in an equal manner and


                                                                                         37
imply equal enforcements. Equality pervades throughout the Constitution and other laws.
The Draft Law for Gender Equality fills the legal frame pertaining to the gender equality
in education, employment and decision making. It enables establishing of governmental
mechanisms in compiling policies for gender equality and foresees measuring the
influences of these policies throughout evaluations and periodical monitoring.

A series of Codes approved after 1995, contain provisions protecting human rights and
sanctioning the principle of equality between husband and wife. More concretely we can
mention:
    Civic Code and Code of Civil Procedure, which acknowledge women‘s legal right
       from birth, to the legal right until the age of consent, to have the same rights as
       men - for example the right of residence, keeping her surname, heritage, etc.
    Criminal Code and Code of Criminal Procedure defend in equal manner men and
       women, but also places them without discrimination in front of criminal liability
       when they are subject to criminal acts.
    Family Code approved in 2003, acknowledges equal rights of men and women
       ,who upon reaching age 18, to enter into matrimony freely; to follow the same
       procedure of resolving a marriage; to have equal rights and obligations in a
       marriage, family, raising and taking care of children, etc.
    Code of Labour acknowledges equal right of men and women to freely choose
       vocation, the right for equal reward for work of equal value; the right for yearly
       paid leave; etc.

Other particular laws ensures equality in the field of decision taking, education and
professional training, ensures protection against sexual harassment, protection of
reproductive rights, protection through social insurances, etc.

Also the principle of non-discrimination is sanctioned in point 2 Item 18 of
Constitution:‖ None can be discriminated unjustly for reasons such as gender, race,
religion ...‖. Usage of term ―gender‖ compared to ―sex‖ used in main constitutional
dispositions shows a positive step towards usage of concepts for gender perspective, as
per international standards. While using this term in an appropriate way, lawmakers have
the possibility to create protective legislation for man and woman, by not focusing only
on the biological aspects but also the social roles.

Albania has been a member state of the United Nations since 1955 and it has ratified a
number of Conventions for Human Rights, where for the matter we are discussing now
the most important is the Convention on the Elimination of All forms of Discrimination
against Women (CEDAW), ratified by the Albania‘s Parliament on 1993. This
Convention for its importance is also known as the Women‘s Convention. Albanian
government has reported to the CEDAW Committee on January 2003, and now is
preparing the second official report, as per Convention protocol. Albania as well adheres
to the Optional Protocol of the CEDAW, with Law no. 9052 ,dated 17.04.2003.12


12
     For a more detailed description of the legislation, please refer to Annex 1 of this strategy.


                                                                                                     38
1.2.2 Domestic Violence

Law for Measures against Domestic Violence. The approval and entrance into force of
this law is an important step towards completing the legal framework in the domestic
violence area. This law has two main directions: First it sanctions the state organs that
have obligations and competences to address the domestic violence. Second the new law
enables the courts to issue protection orders against the violator, an additional mechanism
in protection of the victims of domestic violence. A challenge for the implementation of
this law is its completion with the sub-legal cadre (framework) and a proper financial
support.

1.3  INSTITUTIONAL          MECHANISMS THAT ENSURE GENDER EQUALITY IN
ALBANIA
1.3.1. Governmental mechanisms that ensure gender equality.

Law No. 9198 date.01.07.2004 ―For gender equality in society‖, after amendments in
February 2006, determines as a responsible authority for issue of gender equality the
Ministry of Labour, Social Affairs and Equal Opportunities (MOLSAEO).

The vision of democratic governance through women‘s advancement and the
achievement of gender equality enabled these issues to be included in the Ministry‘s
policies as important priorities, while putting emphasis on strengthening governmental
mechanism. For this reason, in MOLSAEO, a Directorate for Policies and Equal
Opportunities has been created. This Directorate has as its main mission: ―creating and
developing policies for initiating equality in fields such as gender equality,
equality/inequality in abilities, problems of ethnic, ethno-cultural and lingual minorities,
age inequalities, the generation/racial one etc‖. In particular about issues of gender
equalities Directorate has one objective: ―to encourage gender equality and a broad
participation of woman in economic, political and cultural life of the country‖.

Duties of Directorate on issues pertaining to gender equality are:
 To create policies for equal opportunities focused on gender equality and protection
   of rights of other social categories as they are mentioned in its mission statement.
 To propose initiatives for studies and analysis in the field of all political spectrum for
   equal opportunities and usage of these studies in the process of development policies.
 To write legal acts that are needed for achievement of equality in different areas and
   to implement and monitor legal disposition for equality and regulations that are
   approved based on it.
 To supervise implementation of international acts in the field that it covers, that are
   approved by Government.
 To cooperate with non-profit organizations active in the field of equal opportunities.
 To coordinate work for preparation of National Programs for equal opportunities for
   population categories that cover object of Directorate for Policies of Equal
   Opportunities.



                                                                                         39
Creation and strengthening of network of contact points at the level of ministry and
prefecture is a prerequisite for implementing gender mainstreaming that impacts on the
improvement of situation of gender equalities at a national level.

At the parliament level, within the Parliamentary Commission of Work and Social
Issues, functions a Sub-commission for Minors and Equal Opportunities, based on which
problematic that covers it embraces and takes upon law initiatives. This sub-commission
cooperates with MOLSAEO for issues of gender equality and children.

1.3.2. Other mechanisms.

The importance of gender equality is emphasized in the report of progress of SKZHES 2003
that puts stress to the right for equal access to employment and education, while making it
clear that these have a direct impact on the reduction of poverty. Policies and focused
programs towards implementation of gender equality are crucial in governmental programs
for integration of Albania in EU. Law for Encouragement of Employment predicts the
support of employers to create vacant positions and employ candidates that are offered from
the Office for Employment. In support to this law, five programs for employment impetus
are applied: (1) program of employment impetus of unemployed people seeking
employment; (2) program of employment impetus of unemployed people seeking for
employment through employment training; (3) program of employment impetus through
institutional training; (4) program of employment impetus of unemployed women that seek
for employment; (5) program for employment impetus for students that have finished higher
education within or outside of the country.

At the central level is MOLSAEO, whose mission, according to law No. 7995 dated
20.09.1995 ―For engorgement of Employment‖ and law No. 8872 dated 29.03.2002 ―For
education and professional development in RA‖, is the creation of policies in the field of
employment and professional development. The Ministry implements this through the
Directorate for Policies of Employment. National Service for Employment (NSE)
(established on 1988) is an independent public service with a status of a central state
administration that reports to the minister. Its highest decision-making body is Triple
Administrative Council with 13 members that are headed by the Minister; two members
of this council are women. Moreover, in support of law No. 8872, dated 29.03.2002 ―For
Education and Professional Development in Republic of Albania‖, since November of
year 2003, a National Education and Development Council has been created. The social
dialogue in Albania is developed between social partners in ... with representatives of
government for important issues that are related to policies or interventions of the later.
On the country level, it has been covered with collective contracts 85 per cent of the
employees on public sector and 22 per cent of employees on private sector. Within
Offices for Employment function consultation councils for three entities that are develop
consulting about sustainability of policies, programs and projects for employment. Social
partners participate in Administrative Councils of Institution for Social Insurance and
National Service for Employment.

1.3.3 Governmental mechanisms addressing domestic violence



                                                                                        40
The Law ―On violence in family relationships‖ defines two types of responsible
authorities: the administrative and judicial authorities.

Ministry of Labour, Social Affairs and Equal Opportunities
This Ministry is the chief responsible authority (Article 5/1 and Article 6). It has a
coordinating, supportive and supervisory role to play.
The tasks of the Ministry of Labour, Social Affairs and Equal Opportunities include:
 Identifying direction of state policies
 Financing projects benefiting victims of violence and protection of the household
 Supporting establishment of auxiliary structures of infrastructure and supervision of
   this process
 Training
 Keeping statistics
 Supporting and supervising service centres
 Licensing the non-profit organisations

Ministry of Interior
The tasks of the Ministry of Interior include:
 Setting up special sectors addressing domestic violence at each and every police
   directorate (Article 7/1/a)
 Setting up special structures and appointing the persons responsible for the
   enforcement of this law (may also be at the level of the postal service) (Article 8/1)
 Training police effectives to be addressing domestic violence (Article 7/1/b)

The tasks of the Ministry of Interior structures include (Article 8):
Police (at a regional and local level):
 Setting up special structures and appointing persons responsible
 Responding to each and every notification by the victim or other persons
 Keeping a report and providing the victim or the accompanying person with a copy
 Informing about the sanctions laid down in the legislation, and the institutions to be
    addressed to
 Informing the victim about social services
 Accompanying the victim to these services
 Transporting the victim to health or social centres
 Placing a policeman at the victim‘s disposal if the latter‘s life is at risk
 In the event of suspicion of domestic violence, the police should start off checking
    immediately, reflect the findings in a report, and initiate mainly investigations
 Providing the victim with the number of the reported case (TIMS)

Other functions of the police in the framework of orders for protection include:
 Upon order by the court, the police should accompany the victim or perpetrator to the
   dwelling so as to supervise the taking away of their personal belongings (Article
   10/1/f)
 Seize the weapon found during control (Article 10/1/g)
 Remove/suspend the perpetrator‘s permit to use the weapon (Article 10/4/b)


                                                                                      41
   Submit application concerning Order for Protection and Order for Immediate
    Protection of the victim of major age (Article 13/1/c and Article 13/3/c)
   Provide applicant or court with certified (sealed) copies of the official documents
    (Article 15/2)
   Take part in the hearing for issuing the Order for Protection and Order for Immediate
    Protection
   Carry out immediately the court decisions, and check on their on-going execution
   In the event of criminal responsibility, the police should cooperate with the public
    prosecutor to initiate legal proceedings (Article 24, Article 23/6)

The tasks of the local government units include:
 Setting up social service structures dealing with domestic violence
 Setting up social and rehabilitation centres for the victims and perpetrators
 Referring, orientating, accompany and transporting victims to other services
 Providing the victim and court with official documents
 Submitting application to the court concerning Order for Protection for minors and
   Order for Immediate Protection
 Taking part in the hearing for issuing the Order for Protection for minors
 Ensuring execution of court decisions
 Installing a 24-hour telephone line, which later on establishes contacts with the local
   government units, police, medical emergency wards and the non-profit organisations,
   thus also establishing coordination among them

The tasks of the Ministry of Health and its structures include:
 Building the capacities to address cases involving domestic violence in emergency
   wards and health centres (communes and municipalities)
 Offering medical and psychological assistance at all times
 Carrying out medical examinations at all times
 Providing the victim with a medical report
 Referring/orientating the victim to other services (Article 7/2/d), as well as
   accompanying or offering transport to him/her (Article 8/3/b and c)
 Bringing in certified documents to court

Ministry of Justice
This Ministry addresses domestic violence issues through the forensic medical service,
bailiff‘s office and legal defence.

The tasks of the forensic medical service include:
 Training experts on domestic violence and violence against children
 Ensuring the material basis to experts
 Supervising enforcement of legislation
 Carrying out examination and providing the victim with a copy
 Appearing in court in its capacity as expert

The tasks of the bailiff‘s office include:


                                                                                      42
   Training bailiffs on the execution of the Order for Defence and the Order for
    Immediate Defence
   Ensuring their fulfilment
   Undertaking all the required actions

The tasks of the legal defence include:
 Ensuring legal defence free of charge
 Submitting a number (roster) of trained defence lawyers offering this service

All the above-mentioned bodies are duty bound to respond to each and every case, and
address it on the basis of the specific features of each one of them. Likewise, they are
duty bound to carry out the court decisions, to record and enter everything into the
documents, and to cooperate with the other structures. For failure to fulfil these
obligations they are held administratively responsible and responsible before the law.

The tasks of the Court include:
 Considering applications for the Order for Defence and Order for Immediate Defence
 Ensuring enforcement of this law and other laws
 Abiding by the principles underpinning impartiality, legitimacy, non-discrimination,
   and reliance on evidence, and observing the professional code of conduct.
 Undertaking measures for the internal administrative organisation so that it responds
   in time (urgently) to victims addressing it, and providing safety and security in the
   court environments
 Training judges so that they are acquainted with the law on domestic violence
 Training the staff so as to respond to victims according to law and code of conduct.

CHAPTER TWO: VISION, STRATEGIC PRIORITIES AND STRATEGIC AIMS.

Gender equality and empowerment of women are important instruments to reduce
inequalities and poverty among this part of the society. Interventions and strategies for
reduction of poverty and respecting rights of the poor, are successful if (a) recognise
women as a group that are not offered equal opportunities to exercise their rights, and
enjoy achievement of an equal status with men; (b) increase participation of women in
identifying solution to problems that they have, while respecting not only their rights, but
also by contributing in compiling programs and sustainable policies; (c) conjuring
development of policies and principles of equal rights and gender equality.

2.1. VISION

Economic and social development of the country and compiling and implementing of
appropriate policies for execution of gender equality, will serve as a premise to program
objectives that are related to gender equality, equal access among men and women in
decision making at the central and local level, in the field of education, health care,
employment, public services, prevention of domestic violence, etc.

To fulfill this it is necessary to determine clear and achievable aims that are related to


                                                                                         43
education, health services for women, ensuring opportunities for employment and
income, reduction of violence and all other social problems, as well as participation in the
decision making policies at the local and central level. Furthermore to achieve this vision,
many interventions, strategies and ―pro gender‖ policies are necessary that assure positive
changes on lives of women.

The main goal is inclusion of gender issues in public policies through concrete action
plans, detailed and budgeted to provide grounds for gender equality and minimise the
phenomenon of domestic violence in the future, supported by documents, international
recommendations and instruments, while referring to concrete conditions in Albania.

2.2. STRATEGIC PRIORITIES

Some of the strategic priorities of this document are as follows:
   1. Strengthening legal mechanisms and institutions with the aim of ensuring gender
      equality in Albania.
   2. Empowerment of women through participation in decision making;
   3. Economic empowerment of women and increasing employment opportunities and
      professional training;
   4. Promoting equal access of women and girls to quality education;
   5. Improving social situation of women at risk through increasing their access to
      quality social services.
   6. Improving population‘s health through increasing response of the health system to
      the particular health needs of men and women.
   7. Upgrading the role of media in creating a modern perception of gender equality in
      society and women‘s increased presence in the media.
   8. Raising awareness of the phenomenon of violence, legal and administrative
      protection, and providing support to individuals affected by domestic violence
      and to perpetrators.

2.3. STRATEGIC AIMS

   1. The strategic aims contained in this document have been developed following
      analysis of strategic priorities. For each and every area, the strategic aims have
      been further elaborated, and materialised in specific objectives and concrete
      actions that have to be undertaken. For all these, and the monitoring and
      evaluation indicators concerning achievement of strategic aims, please refer to the
      Action Plan.




                                                                                         44
CHAPTER THREE: POLICIES

3.1. INSTITUTIONAL MECHANISMS THAT SECURE GENDER EQUALITY IN
ALBANIA

Although men and women enjoy de jure equal rights, a major obstacle exists in
implementing these rights in everyday life (ensuring de facto equality), There is always
space for further improvement of the legal and institutional mechanisms that ensure
gender equality in Albania, with the aim to create favourable conditions to achieve this
task in reality. Hence, having in mind the fields covered by the present strategy and the
legislation, related to the improvement of legal and institutional mechanisms in function
of achieving gender equality in society, following measures are

Recommended:

1)      Reinforcing government mechanisms at a central and local level with a view to
implementing and monitoring the Strategy.
2)      Reviewing legislation from the gender-focussed perspective in line with
international standards.
3)      Raising public awareness, especially among women and young women, about the
legal rights they are entitled to.


3.2. GENDER EQUALITY IN DECISION MAKING

The document ―Pro-poor & pro-women development policies in Albania13‖ of 2005 sets
out a set of interventions targeted at strengthening woman‘s participation in the political
life. Taking into account the existing legal framework and the current institutional gender
equality mechanisms, we recommend the following measures aimed at the achievement
of gender balance in decision-making:

1) Ensuring increased number of women in political decision-making.

2) Raising awareness of the Albanian society about women‘s active participation in
politics.


3.3 ECONOMIC EMPOWERMENT AS A PRECONDITION FOR ACHIVING GENDER EQUALITY

The economic, social and cultural fluctuations have been reflected in the Albanian
legislation, which was enriched with new codes. A new regulation of labour relations was
introduced in the new Code of 1995 and its related legislation and sub legal acts that have
been constantly improved based on international standards for human rights. Women

13
     UNDP, Human Development Report, Albania


                                                                                        45
rights as an integral part of human rights have been integrated in Albanian legislation in
general and in the in the labour legislation in particular.

Practically, we have no data related to cases of discrimination because of pregnancy or
motherhood in the public or private sector. However it is thought that in private sector the
women are subject to discrimination on the above-mentioned grounds. Because of these
states. Typically, a woman does not get employed if she is pregnant or if she has small
children. There are no cases of reporting to court because of these reasons. This might be the
case because of the lack of knowledge of the relevant legislation that guarantees labour
rights for this category of women, or maybe because of lack of trust of women that they can
effectively protect win their rights, therefore they do not make any denunciation.


Recommendations:
1) Increasing the number of projects or pogrammes promoting women‘s vocational
training and employment, and extending these projects to rural areas, as well.
2) Ensuring increased number of entrepreneurial women by offering them opportunities
to have greater access to property, capital and loans.

3.4 EDUCATION AND ELIMINATION OF GENDER INEQUALITY

Strategy for Gender Equality in Education aims and improving in a visible way results
gender based in educational system in Albania. In accordance with important documents
based on which Albanian government relies to reduce poverty, as Millennium
Development Objectives and SKZHI. Poverty has impact on achievements in education
not only at the macro level (countries with poor household economies register poorer
academic performance), but also at the micro level (children from poor households
receive less education as they are forced to interrupt or drop out of school in the face of
their economic shortages and their need to contribute to household‘s well-being).
Females are particularly affected not only because of economic reasons (mainly by
supporting families) but also because of social and cultural attitudes that consider
investment of education in females as a low priority.

Recommendations:

1)      Upgrading curricula promoting gender equality, and enhancing women‘s
participation in teaching, planning and management of education
2)      Building up the education institution capacities to mainstream gender-equality
issues and concepts into planning, application and monitoring of education.
3)      Ensuring communities‘ and households‘ upgraded social and cultural approaches
promoting values and importance of young women‘s education, including women‘s roles
in and contribution to development.

3.5. SOCIAL PROTECTION




                                                                                           46
State of social well being ensures social protection14 through two main mechanisms: 1)
cash transfer in the form of economic remittance; 2) public or private services for people
in need. Cash transfer aims to guarantee a dignified life above the minimum living border
(pension for elderly, invalidity, disability pay, and economical help for poor).

Disadvantage of the cash transfer for women: Many of the cash transfers are related to
social insurance and are given in the form of the family pension for persons that are
dependent upon the beneficiary. Cash transfers are related to the male beneficiary and he
is bearer of the whole family payment, if he does not have any earnings. This leaves out
being a beneficiary women head of the households, who due to gender traditional model
which encourages women staying at home, to watch out after children, and not being
employed. Women that were employed were not head of the house hold at the moment
upon initiating a family, since the head of the household is the man and as a consequence
were not impeded to have an employment that is well-paid and full time, but part time job
or job that is not paid well. Hence contribution for their security is low. Program of
economic help represent an important component of policies for social protection in
supporting poor families, who under the free market economy, are more vulnerable from
poverty and risk of social marginalisation. Through this program it is offered a
guaranteed minimum of income in monetary means (monthly cash transfer) to gratify
elementary living needs for families without any incomes or with incomes below the
level that is determined as ―official frontier of poverty‖. Scheme of economic help started
to function in 1993 based on Law no. 7710, dated 18.05.1993, ―For assistance and social
care.‖ Economic help that is given to the families bearing Albanian citizenship that have
insufficient income or do not have any material income from any economic activity,
members of the family working abroad, and capital.

In order to improve the overall quality and delivery of social care, MOLSAEO and the
State Social Service require support of the donors, and must increase engagement with
local authorities, civil society and international organisations, etc.


14
   Social policy has to do with directing changes, to maintain or create living conditions that are more
favorable for social welfare. In this way social policy is part of public policies that have to do with social
issues as a public access to social programs. Aim of social policy is to improve social welfare and to
recognize human needs for education, health care, shelter and social security. In an academic environment
social policy refers to the studying conditions of the wellbeing and opportunities to respond to social needs.
Social protection refers to the structures of material goods (or immaterial) from the state, business world,
civil society and families or through combination of these agents, individual/family to minimize multi-
dimensional lost.
Social services implicate complexity of services that are offered to individuals and groups in need, who are
not in the position to endure, with the resources they have available, their life needs, to maintain, develop
and rehabilitate individual opportunities, to overcome emergency or chronic needs.
Community social services are all types of social services, public or not public, that are provided at central
level, within the territory that is under jurisdiction of a district/municipality/commune.
Civil society involves the complexity of social institutions and organizations, which advocate and
undertake actions for the benefit of the public while providing conditions for cooperation between
government, business world and family. Included are the non-profitable organizations, unions, religious
groups, social, cultural and sport clubs, professional societies, Academy, political institutions, consumers
and client organizations, media, civil groups and religious institutions.



                                                                                                          47
Recommendations:

1)      Extending support to poor households and individuals and groups in need with a
view to reducing poverty by providing cash payments and social services, giving priority
to households with female heads of households, mothers of many children and orphaned
children.
2)      Ensuring nation-wide distribution of community-based services for women with
social problems.


3.6. HEALTH CARE AND SERVICES

Strategy of Gender Equality in Health care address not only the needs of women for
reproductive health, but also for other general health needs of women and improvement
of general conditions that create different health needs among women and men. While
being aware that men and women take upon different roles and obligations in the family
and community, raises the necessity to include their needs, interests and contribute to
compiling, implementing, and monitoring of program policies and different project in the
field of health care. In addition, when discussing health care, it is needed to take into
account factors or differences described below:
    1. Illnesses or health problems that women are more vulnerable to due to gender
       specifics. These are seldom situations that are interrelated to reproductive system
       of women. Prevalence of those could be an important indicator for the health of
       women in a specific community. In many cases these complications can come
       from receiving an inadequate health care, use of traditional medicine practices or
       even use of force.
    2. Illnesses or problems that suffer evenly both genders, but that are more present in
       one of the groups. These are the situations where women or men are more
       vulnerable, due to biological differences which combined with unequal relation of
       the government and unequal access to health care. Situation can be even more
       difficult when women, in particular, are blocked to receive the necessary service to
       treat complications/possible illnesses.
    3. Illnesses or problems that are present in both genders but that influence more
       negative or make one group more vulnerable.
    4. Illnesses or problems that are present in both genders, but one of the genders are in
       a disadvantageous situation to protect or cure.

Lack of taking under consideration of these factors might lead to a situation where system
of health care services discriminate women or men. If we refer to legal framework in
Albania, including conventions of international documents ratified by our country, gender
quality is promoted and no discrimination is allowed. Specifically, article 12 of CEDAW
convention states: ―Government need to take all necessary measures to evaporate
discrimination of women in the field of health care, to ensure based on equality among
men and women, identical access to health services, including those that are related to
family planning.‖




                                                                                         48
Recommendations:

1)     Developing and improving health policies and programmes so as to address
       gender differences and meet women‘ and men‘s health needs.
2)     Enhancing knowledge and understanding of females‘ and males‘ health, as well as
       of their health needs.
3)     Providing support to and guaranteeing women‘ and men‘s full and equal access to
       all levels of health care, and ensuring provision of effective health services to
       them.
4)     Providing support in extending effective health services to women and men, and
       promoting good health by undertaking preventive measures and reducing risk
       factors surrounding women‘s health.

3.7 Elimination of Gender Stereotypes in Mass Media

Knowing, promoting and implementing gender equality in media is a must for every
democratic society, because it impacts the increase of women participation in all the
walks of life, especially in the decision-mailing institutions. The role of the media is to
inform the public in an objective manner, to give and support a dignified image of the
individuals in the society. Media must detach from the sexist language, false PASQYRIM
and stereotypes created on the role of the individual in general and of women in
particular, in family and society.

Gender mainstreaming, as one of the important issues of development policies and as an
answer against the continuous marginalization of women and girls, has laid several
requirements in the political aspect and in the civil one, where media plays an important
role. The reality of the albanian society speaks for the deep lack of gender equality,
incomprehension and non-acceptance of it, and it is a primary task for the media to
become agents of change through the approach of the multi-dimensional figure of women
and a proper presentation of her activities in society.


Recommendations:

1) Raising awareness and quality of public information about overcoming gender
   stereotypes and the importance of achieving gender equality in society, through
   various policies and products in the media.




                                                                                        49
KAPITULLI I KATËRT: LLOGARIDHËNIA

1.     Implementation

The Directorate for Equal Opportunities under the Ministry of Labour, Social Labour and
Equal Opportunities, which is designed to promote gender equality and women‘s
participation in the country‘s life, is tasked with the implementation of the National
Strategy for Gender Equality and against Domestic Violence.

The other institutions responsible for its implementation include the Ministry of
Education and Science, the Ministry of Health, the Ministry of Justice, the Ministry of
Interior, along with their subordinate institutions.

Local government bodies will be playing a major role in the implementation of the said
Strategy. Contact points located at the Prefectures and Municipalities will bring
cooperation between the MoLSAEO and local government to fruition. Concerted efforts
have been registered for developing human resources and institutional capacities of the
Prefecture and Municipality network.

2.     Monitoring

The following will be held accountable for the monitoring of the National Strategy for
Gender Equality and against Domestic Violence:

       1.     National Gender Equality Council, which will be set up with decision by
              the Council of Ministers, and will be headed by the Minister of Labour,
              Social Affairs and Equal Opportunities. This Council will be constituted
              of the deputy ministers of the line Ministries, representatives of
              associations and interest groups and academic world.
       2.     Technical Secretariat for the Monitoring of the Strategy for Gender
              Equality and against Domestic Violence, at the MoLSAEO, which follows
              up on the implementation of the said Strategy and Action Plan.
       3.     Committees for Equal Opportunities at the municipality level.

The tasks of the above bodies will be established with decisions by the Council of
Ministers.




                                                                                    50
3.8 ADDRESSING DOMESTIC VIOLENCE

3.8.1 Prevention
Prevention of domestic violence is a priority of the Government. It is essential that each
and everybody, who is affected by domestic violence, should have access to the
necessary information, and counselling, and that the professionals know how to respond
to the early signs of violence. Policies in the area of prevention orientate towards:
1) Preventing domestic violence through a change in the population‘s approach, and
    particularly, in the young people‘s approach;
2) Population‘s education and awareness-raising campaigns
3) Quick offering of assistance to all the victims of domestic violence so as to prevent
    repetition of violence;
4) Counselling and providing information to all the victims on how to receive supportive
    services and legal defence;
5) Stopping violators, where possible, from repeating violent acts.

Recommendations:
1) Educating children and young people at school in a way that future generations
   become aware of the healthy relations and are informed that domestic violence is a
   crime and is unacceptable.
2) Following the instructions issued by the Ministry of Education and Science on the
   hosting of educational and awareness-raising events at all the levels of teaching,
   either at a city, district or region level, so as to increase the awareness of and prevent
   all the forms of violence against children.
3) Upgrading curricula, textbooks and extracurricular texts in different areas of study.
4) Educating the public at large on the gravity of the problem of domestic violence, and
   focussing on the violator.
5) Hosting publicity campaigns on a constant basis. Information on the victims should
   be developed further on so that the details concerning the support and assistance
   offered by different bodies are easily accessible to everyone looking for them.
6) All the professionals and staff, and particularly, those involved in the health/social
   services and education sector, as well as those involved in other sectors, should
   receive the appropriate instructions and training so as to be able to identify the
   victims of violence at an early stage, and offer assistance and support.
7) Keeping on experimenting with the psychological service in urban areas, planning
   teachers‘ training, the psychological service‘s monitoring and evaluating activities on
   the part of the psychological service, and empowering the experts‘ network at a
   national level.
8) Developing instructions on best practices, source materials or handbooks by the
   education and health sectors, and coordination being ensured by the Ministry of
   Labour, Social Affairs and Equal Opportunities.
9) Coordinating development of source materials with specialised non-profit
   organisations.




                                                                                          51
10) Developing projects targeting the violators so as to help them accept the
    responsibility for their acts, and modify their behaviours.

3.8.2 Protection and justice

It is vital for the victims of violence and abuse to have access to information on
protection through the penal and civil legislation, and to receive positive reactions by the
Government, police and different bodies of criminal justice. Policies in the areas of
protection and justice should be focussed on the following directions:
1) Providing safety to all those affected by domestic violence, and holding violators
    responsible before the law for their acts.
2) Ensuring a sustainable and effective response by the police to each and every incident
    reported on domestic violence.
3) Extending the witness‘s protection procedures to the victims of domestic violence,
    where necessary.
4) Applying punishments and sanctions intended for domestic violence.
5) Empowering victims not to hesitate to link up with the bodies of protection and
    justice on account of their treatment at different stages of the process of justice.
6) Allowing that the civil and penal legislations offer maximum protection to all the
    victims in such a way that domestic violence is not repeated.
7) Raising awareness of the law on domestic violence.

Recommendations:
1) Criminal justice bodies acknowledge the need for intensifying their efforts so that
   victims are offered the required defence, and violators are held accountable before the
   law for their acts, and build up the trust of the public in the services they are offering.
2) The information on civil and penal legislations and legal proceedings should be
   available on a permanent basis.
3) The players in the justice system, who will be dealing with cases involving domestic
   violence, should be identified. The units/sectors/sections to be coping with domestic
   violence issues should be set up at the relevant institutions.
4) The employees of the judiciary should receive training on domestic violence, and
   special measures with regard to victims should be put in place.
5) The subject of gender-based equality and that of domestic violence should be ensured
   sustainability and consolidation in the curriculum of the Police School.
6) Drawing on the partnership between the different bodies of the judiciary and non-
   profit organisations, a programme of training for the judges should be built.
7) Care should be taken to ensure that criminal and civil courts share the necessary
   information on a constant basis.
8) Reviewing should take place so that the lessons learnt are identified, and the
   performance of different bodies is upgraded.

3.8.3 Social support

The victims should have access to a range of supportive services extended by different
bodies. The policies in the area of social support should be orientated towards the



                                                                                           52
following directions:
1) Increasing possibilities for accommodation, while providing greater assistance to help
    victims stay at home if possible, shelters and re-accommodation services, as well as
    upgraded information and counselling.
2) Providing assistance to victims who have just left or walked out of a violent
    relationship so as to rebuild their life.
3) Offering support to children and young people affected by domestic violence.
4) Providing information to each and everybody affected by domestic violence through
    the different bodies specialised for this problem.

Recommendations

1) Establishing a 24-hour supportive telephone line allowing victims to report and
   receive the required and quick support.
2) Upgrading cooperation and sharing of information among different agencies. This
   type of cooperation should be accompanied by the development of a number of acts,
   which will support services, and acts on care towards children, acts on social services,
   acts on police and on health services at a local level, as well as acts on special health
   services at a local level. A system of coordination to be introduced is the only
   possibility to establish a good routine between institutions and organisations focused
   on fight against domestic violence.
3) Supportive services on accommodating victims into shelters should be expanded.
4) Funds should be granted to organisations offering supportive services to victims of
   domestic violence and their children.
5) Services to identify and support children and young people affected by domestic
   violence should be developed.




                                                                                         53
CHAPTER FOUR: ACCOUNTABILITY

1.     Implementation

The Directorate for Equal Opportunities under the Ministry of Labour, Social Labour and
Equal Opportunities, which is designed to promote gender equality and women‘s
participation in the country‘s life, is tasked with the implementation of the National
Strategy for Gender Equality and against Domestic Violence.

The other institutions responsible for its implementation include the Ministry of
Education and Science, the Ministry of Health, the Ministry of Justice, the Ministry of
Interior, along with their subordinate institutions.

Local government bodies will be playing a major role in the implementation of the said
Strategy. Contact points located at the Prefectures and Municipalities will bring
cooperation between the MoLSAEO and local government to fruition. Concerted efforts
have been registered for developing human resources and institutional capacities of the
Prefecture and Municipality network.

2.     Monitoring

The following will be held accountable for the monitoring of the National Strategy for
Gender Equality and against Domestic Violence:

       4.     National Gender Equality Council, which will be set up with decision by
              the Council of Ministers, and will be headed by the Minister of Labour,
              Social Affairs and Equal Opportunities. This Council will be constituted
              of the deputy ministers of the line Ministries, representatives of
              associations and interest groups and academic world.
       5.     Technical Secretariat for the Monitoring of the Strategy for Gender
              Equality and against Domestic Violence, at the MoLSAEO, which follows
              up on the implementation of the said Strategy and Action Plan.
       6.     Committees for Equal Opportunities at the municipality level.

The tasks of the above bodies will be established with decisions by the Council of
Ministers.




                                                                                    54
55
                                   NATIONAL STRATEGY FOR GENDER EQUALITY – ACTION PLAN

STRATEGIC       SPECIFIC         ACTIONS TO BE          INSTITUTIONS     IMPLEMENTA      SOURCES/       ASSUMPTIONS/ MONITORING M & E
OBJECIVES       OBJECIVES        UNDERTAKEN             RESPONSIBLE      TION TIME       BUDGET         DIFFICULTIES INDICATORS MECHANISMS
                                                        & PARTNERS                       000/LEKË
Aim 1           Objective 1.1    Objective 1.1.1

Strengthening   Strengthening    Setting up new                                                         Plausible
of protective   of government    structures, and in                                                     delays by the
legal and       mechanisms at    concrete terms:                                                        Council of
institutional                                                                                           Ministers in
frameworks      a central and    - National Gender      MoLSAEO,         2 (two)         It has no      taking a          The bodies       MoLSAEO
and             local level,     Equality Council       Council of       months          financial      decision on the   set up;
mechanisms      with a view to   (NGEC)                 Ministers,       following       impact.        establishment
designed to     enforcing and                                            adoption of                    of the National
ensure gender   monitoring the   - Technical            MoLSAEO,         the Strategy.   It has to be   Gender            Clear terms     Directorate
equality in     Strategy.        Secretariat (for the                                    estimated      Equality          of reference    for Equal
Albania.                         monitoring of the                       Within first                   Council may       regarding the Opportunities
                                                                                                        also lead to
                                 strategy)                               half of 2008                   delays in         duties and
                                 - Committees for                                                       getting the       responsibilitie
                                 Equal                                                                  other bodies      s of each and
                                 Opportunities          MoI,                                            stabilised.       every body
                                 (at a municipal        Municipalities
                                 level)                                                                                   Start of their
                                                                                                                          operation

                                 Objective 1.2.1
                Objective 1.2    Reviewing of Law       Line
                Reviewing        no. 9198, dated        Ministries and   By end of       It has no      Postponing of     Draft-law        NGEC,
                legislation      01.07.2004, "On        other central    2008            financial      time-limits for   prepared;        Technical
                from the         gender equality in     departments,                     impact         adopting                           Secretariat,
                gender           society," with a       MoLSAEO,                                        amendments to     Adopting and     Respective
                perspective in   view to ensuring       OSCE,                                           Law ―On           publishing in    directorates
                line with        more effective         UNDP,                                           gender            the Official     under
                international    protection from        Council of                                      equality‖         Gazette          MoLSAEO
                standards.       violations of          Ministers,
                                 gender equality.       Parliament


STRATEGIC       SPECIFIC         ACTIONS TO BE          INSTITUTIONS     IMPLEMENTA      SOURCES/       ASSUMPTIONS/ MONITORING M & E


                                                                                                                                           56
OBJECIVES   OBJECIVES   UNDERTAKEN           RESPONSIBLE      TION TIME       BUDGET      DIFFICULTIES       INDICATORS      MECHANISMS
                                             & PARTNERS                       000/LEKË
                        Objective 1.2.2

                        Completing           Line             January –       It has no   Postponing         Subordinate     NGEC,
                        secondary            Ministries and   June 2008       financial   time-limits for    legal acts      Technical
                        legislation on       other central                    impact.     adopting the       prepared,       Secretariat,
                        gender equality,     departments,                                 Law may also                       Respective
                        following adoption   MoLSAEO,                                     impact on the      Adopting and    directorates
                        of the new Law       OSCE,                                        deadline set for   publishing in   under
                        ―On gender           UNDP,                                        completing the     the Official    MoLSAEO
                        equality,‖ with a    Council of                                   secondary          Gazette
                        view to ensuring     Ministers,                                   legislation
                        that it is made      Parliament.                                  landscape.
                        applicable.                                                       Likewise, it
                                                                                          may lead to
                                                                                          postponing
                                                                                          adoption of
                                                                                          amendments.

                        Objective 1.2.3

                        Amending Law no.     Line             In the course   It has no   Postponing         Amendments      NGEC,
                        7703, dated          Ministries and   of 2010         financial   time-limits for    prepared.       Technical
                        11.5.1993, "On       other central                    impact      adopting                           Secretariat,
                        social insurance‖    departments,                                 amendments         Adopting and    Respective
                                             MoLSAEO,                                                        publishing in   directorates
                                             Council of                                                      the Official    under
                                             Ministers,                                                      Gazette.        MoLSAEO
                                             Parliament,
                                             Ministry of
                                             Finances,
                                             Social
                                             Insurance
                                             Institute,
                                             International
                                             bodies,
                                             Donors


STRATEGIC   SPECIFIC    ACTIONS TO BE        INSTITUTIONS     IMPLEMENTA      SOURCES/    ASSUMPTIONS/ MONITORING M & E


                                                                                                                             57
OBJECIVES   OBJECIVES          UNDERTAKEN             RESPONSIBLE      TION TIME       BUDGET       DIFFICULTIES      INDICATORS      MECHANISMS
                                                      & PARTNERS                       000/LEKË
                               Objective 1.2.4

                               Amending               Line             In the course   It has no    Postponing        Amendments      NGEC,
                               paragraph 1 of         Ministries and   of 2009         financial    time-limits for   prepared, and   Technical
                               Article 104 of the     central                          impact       adopting          adopting and    Secretariat,
                               Code of Labour of      departments,                                  amendment.        publishing in   Respective
                               the Republic of        MoLSAEO,                                                        the Official    directorates
                               Albania with           Council of                                                      Gazette.        under
                               regard to maternity    Ministers,                                                                      MoLSAEO
                               leave – a 35-day       International
                               run-up period to       bodies,
                               childbirth.            Donors
                               Objective 1.2.5

                               Enforcing Law no.      Line             January - June It has no     Failure of        Rules           NGEC,
                               9131, dated            Ministries and   2008           financial     institutions to   prepared on     Technical
                               8.09.2003, ―On the     central                         impact        grasp the         the basis of    Secretariat,
                               Rules of Ethics in     departments,                                  importance of     the law;        Respective
                               public                 MoLSAEO,                                      preparing         Enforcing the   directorates
                               administration,‖       Council of                                    regulations.      internal        under
                               concerning ―civil      Ministers,                                                      regulation of   MoLSAEO
                               servant‘s              International                                                   institutions
                               appearance‖            bodies,
                                                      Donors
            Objective 1.3      Objective 1.3.1
            Raising public     Official translation   Line             2007-2008       It should be Extremely    Translated and       NGEC,
            awareness,         and publication of     Ministries,                      calculated   prolonged    published            Technical
            especially         International          MoLSAEO,                                      procedures   Conventions,         Secretariat,
            among women        Conventions            Non-profit                                    adopted for  Number of
            and young          ratified by Albania,   organisations,                                rendering    official             Respective
            women, about       and particularly,      International                                 translations publications         directorates in
            the legal rights   the publication of     organisations                                 official may distributed,         the Ministries
            due to them.       the CEDAW, the                                                       impact on    and list of          involved
                               Optional Protocol,                                                   time-limits  institutions/
                               and other legal                                                                   districts where      Organisations
                               instruments in line                                                               publications         operating in
                               with the EU                                                                       have been            the Human
                               legislation.                                                                      distributed.         Rights area.
STRATEGIC   SPECIFIC           ACTIONS TO BE          INSTITUTIONS     IMPLEMENTA      SOURCES/     ASSUMPTIONS/ MONITORING           M&E


                                                                                                                                      58
OBJECIVES       OBJECIVES        UNDERTAKEN              RESPONSIBLE       TION TIME     BUDGET        DIFFICULTIES      INDICATORS        MECHANISMS
                                                         & PARTNERS                      000/LEKË
                                 Objective 1.3.2

                                 Running                 Line              2008 - 2010   Calculation   Lack of           12 4-day          NGEC,
                                 awareness-raising       Ministries,                     s should be   resources may     training          Technical
                                 campaigns:              MoLSAEO,                        based on      lead to           sessions in       Secretariat,
                                 ―Women‘s rights         Directorate for                 the number    insufficient      the 12            Committee
                                 are human rights‖;      Equal                           of training   coverage of the   Prefectures       for Equal
                                 raising public          Opportunities                   sessions to   12 Prefectures    across            Opportunities,
                                 awareness about         Non-profit                      take place                      Albania;          Respective
                                 the national and        organisations,                  in the 12                       List of           directorates
                                 international           International                   Prefectures                     participants;     under the
                                 legislation.            organisations                   across the                      Documents         Ministries
                                                                                         country                         distributed.      involved ;
                                                                                                                                           Organisations
                                                                                                                                           operating in
                                                                                                                                           the Human
                                                                                                                                           Rights area.

Aim 2           Objective 2.1    Objective 2.1.1

Empowering      Increasing the   Reviewing the           Political         2008-2010     30,000        Postponing of     Draft-law         NGEC,
women           number of        Electoral Law and       parties,                                      time-limits for   prepared;         Technical
through their   women being      supporting              Parliament,                                   adopting                            Secretariat,
increased       involved in      activities aimed at     Media,                                        amendments to     Law adopted       Committee
participation   political        ensuring an             Non-profit                                    law;              and published     for Equal
in decision-    decision-        increased number        organisations                                 Severe            in the Official   Opportunities,
making.         making           of women in the         and women‘s                                   political         Gazette;          Respective
                                 Parliament, or the      networks,                                     climate may       Referred          monitoring
                                 decision-making         MoLSAEO                                       curb women‘s      quota;            units
                                 structures at a local                                                 initiative to     Handling
                                 level.                                                                engage in         gender-based
                                                                                                       decision-         discriminatio
                                                                                                       making,           n in Albanian
                                                                                                       irrespective of   politics not
                                                                                                       the quota         only as an
                                                                                                       established.      issue of
                                                                                                                         concern to
                                                                                                                         women alone,
                                                                                                                         but also as a
                                                                                                                         failure of the


                                                                                                                                           59
                                                                                                              political
                                                                                                              parties and of
                                                                                                              the Albanian
                                                                                                              society at
                                                                                                              large.
                                                                                                              Number of
                                                                                                              women in the
                                                                                                              leading
                                                                                                              forums of the
                                                                                                              political
                                                                                                              parties, and
                                                                                                              those elected
                                                                                                              to the
                                                                                                              Parliament of
                                                                                                              Albania.

            Objective 2.2    Objective 2.2.1

            Raising          Promoting new          Media           2007 – 2010   10,000     Difficulties Improved             NGEC,
            Albanian         incoming values        Non-profit                               surrounding  environment          technical
            society‘s        into political life,   organisations                            the mentality,
                                                                                                          for women            Secretariat,
            awareness        new forms for          and women‘s                              particularly,                     Committee
            about women‘s handling the              networks,                                when         participating in     for Equal
            active           society‘s needs,       MoLSAEO                                  considering  politics.            Opportunities
            participation in and enhanced                                                                 Manifestation
                                                                                             introducing of
            politics.        solidarity and                                                  new values orof solidarity
                             equality in building                                            forms.       values,
                             a more democratic                                               Difficulties particularly,
                             and peaceful                                                    surrounding  among youth.
                             society.                                                        application of
                                                                                             concepts, dueNew patterns in
                                                                                                          politics;
                                                                                             to lack of the
                                                                                             respective   Way of
                                                                                             resources andcommunication
                                                                                             capacities.  , Transparency
                                                                                                          towards the
                                                                                                          public; Number
                                                                                                          of individuals
                                                                                                          trained in
                                                                                                          developing
                                                                                                          policies.
STRATEGIC   SPECIFIC         ACTIONS TO BE          INSTITUTIONS    IMPLEMENTA    SOURCES/   ASSUMPTIONS/ MONITORING           M&E


                                                                                                                               60
OBJECIVES       OBJECIVES         UNDERTAKEN            RESPONSIBLE      TION TIME   BUDGET       DIFFICULTIES        INDICATORS      MECHANISMS
                                                        & PARTNERS                   000/LEKË
Aim 3           Objective 3.1     Objective 3.1.1

Women’s         Increasing the    A cross-country       MoLSAEO,         2007-2010   It should be Insufficiency       Two studies     NGEC,
economic        number of         study of the          National                     calculated   of resources        conducted,      Technical
empowering      projects or       number of women       Service for                               may lead to         Publishing      Secretariat,
and their       programmes        employed in the       Employment,                               limiting            and             Committee
increased       designed to       formal labour         Non-profit                                approaches of       distributing    for Equal
employment      promote           market, and the       organisations,                            study, and          the studies,    Opportunities,
opportunities   women‘s           number of             INSTAT                                    indeed, their       Findings and    Non-profit
and             vocational        informally                                                      extension           recommendat     organisations
vocational      training and      employed women                                                  across the          ions for        and private
training.       employment,                                                                       country.            building up     partners
                and extending                                                                                         employment      interested in
                these projects                                                                                        policies and    the
                to rural areas,                                                                                       empowering      employment
                as well.                                                                                              women           area.
                                                                                                                      economically

                                  Objective 3.1.2

                                  Expanding             MoLSAEO,         2007-2010   500,000      Lack of other       Increased       NGEC,
                                  employment            International                             social services     number of       Technical
                                  service extended to   Partners,                                 may stop            skilled and     Secretariat,
                                  women in need,        Non-profit                                women from          employed        Committee
                                  and increasingly      organisations,                            being               women.          for Equal
                                  incorporating this    Business                                  employed.                           Opportunities,
                                  target into                                                                                         Non-profit
                                  employment and                                                                                      organisations,
                                  vocational training                                                                                 Interest
                                  promotion                                                                                           groups
                                  programmes.

                                  Objective 3.1.3

                                  Developing part-      MoLSAEO,         2007-2010   20,000       It is likely that   Number of       NGEC,
                                  time employment       National                                  these policies      women in        Technical
                                  policies designed     Service for                               may turn into       need in part-   Secretariat,
                                  for women in need.    Employment,                               prevailing          time            Committee
                                                        Donors,                                   policies            employment.     for Equal
                                                        Government,                               governing                           Opportunities,


                                                                                                                                      61
                        Non-profit                                women‘s                           Non-profit
                        organisations,                            employment                        organisations,
                        Employers                                 overall.                          Stakeholders
                                                                                                    involved in
                                                                                                    the
                                                                                                    employment
                                                                                                    area

Objective 3.1.4

Developing a new        MoLSAEO,         2007-2010   It should be Difficulties in   Number of       NGEC,
information system      National                     calculated. using different    trained and     Technical
at a central and        Service for                               techniques for    informed        Secretariat,
local level, so as to   Employment,                               receiving         persons;        Committee
ensure women‘s          Banking                                   information                       for Equal
equal access to         institutions                              (for example,     Designed        Opportunities,
public-friendly         Non-profit                                the Internet)     Web site;       Non-profit
information on the      organisations                             may interfere                     organisations,
right to having a                                                 with the          Number of       Stakeholders
job, as well as to                                                coverage of the   publications    involved in
labour-related                                                    whole territory   distributed.    the
legislation,                                                      with the                          employment
information on the                                                relevant                          area
labour market,                                                    information.
education and
vocational training,
and property and
loans.

Objective 3.1.5

Developing salary       MoLSAEO,         2007-2010   200,000      Lack of           Number of       NGEC,
subsidisation           Donors,                                   transparency      women and       Technical
programmes              Government,                               and control       young women     Secretariat,
designed for            Non-profit                                may prevent       in need         Committee
excluded categories     organisations,                            target groups     benefiting      for Equal
of women, female        Private                                   from              from the        Opportunities
heads of                operators                                 benefiting        salary
households,                                                       realistically.    subsidisation
trafficked and                                                                      programme.
violated women
and girls, women


                                                                                                    62
                 close to retirement
                 age, and invalid or
                 disabled women
                 (women at risk).
Objective 3.2    Objective 3.2.1

Increasing the   Enabling initiatives   MoE,             2007 – 2010   Mentality          Female             NGEC,
number of        for starting loan      MoLSAEO,                       prevalent in the   entrepreneurs‘     Technical
female           programmes             Non-profit                     target areas on    success stories    Secretariat,
entrepreneurs    intended for           organisations,                 women‘s            in the two pilot   Committee
by allowing      women through          Social State                   access to          areas;             for Equal
them to have     piloting in two        Service,                       property and       Number of          Opportunities
greater access   areas, so as to        Donors,                        loans may          successful
to property,     promote                Crediting                      check or           activities         Crediting
capital and      entrepreneurship.      agencies,                      alienate the       carried out by     agencies,
loans.                                  Banks                          intervention       women in sub-      Banks,
                                                                       focus.             urban and          Civil society
                                                                                          rural areas,
                                                                                          who have
                                                                                          benefited from
                                                                                          loan
                                                                                          programmes.

                 Objective 3.2.2

                 Promoting              MoLSAEO,         2008 -2010    Lack of            Increased          NGEC,
                 development of         Donors,                        resources may      number of          Technical
                 small businesses       Chambers of                    lead to failure    small              Secretariat,
                 managed by             Commerce,                      to bring the       businesses         Committee
                 women, improving       Non-profit                     scheduled          managed by         for Equal
                 their benefit          organisations                  programmes         women;             Opportunities
                 through intensive                                     fully to           Building up
                 recovery                                              fruition.          of the             Civil society
                 programmes,                                           Mentality          existing
                 advice on the                                         developed in       businesses.
                 financial and                                         terms of the       Number of
                 marketing aspects,                                    way small          participants in
                 training on                                           businesses area    the respective
                 management,                                           organised may      programmes
                 upgrading                                             intervene with     and training
                 products, and                                         the                sessions;
                 restructuring                                         restructuring of   Increase in


                                                                                                             63
                                  human resources.                                                resources, and    product sales
                                                                                                  chiefly, human    (improved
                                                                                                  resources.        quality).
Aim 4          Objective 4.1      Objective 4.1.1

Promoting      Upgrading          Covering gender        MoES,            2008-2010   35,000      Lack of           Upgraded        NGEC,
women’ and     school             topically in the       Institute of                             interest on the   curricula       Technical
young          curricula          respective subjects,   Curricula,                               part of certain                   Secretariat,
women’s        designed to        as well as through     Universities,                            departments                       Committee
equal access   promote gender     the introduction of    Chairs                                   because of                        for Equal
to quality     equality, and      special subjects on                                             shortage of                       Opportunities
education      enhancing          this issue, starting                                            information on                    Institute for
               women‘s            as early as the                                                 how to                            Gender
               participation in   development of the                                              mainstream                        Studies
               teaching, and      university                                                      gender as a
               education          curricula.                                                      cross cutting
               planning and                                                                       issue.
               management.

                                  Objective 4.1.2

                                  Reviewing and          Institute of     2007-2010   No costs    Failure to        Curricula       NGEC,
                                  upgrading the          Curricula,                   are         devote            reviewed        Technical
                                  curricula and          Institute for                incurred.   sufficient        from the        Secretariat,
                                  textbooks              Gender                                   attention to      gender          Committee
                                  constantly in terms    Studies,                                 reviewing on a    equality        for Equal
                                  of gender              Non-profit                               constant basis.   perspective.    Opportunities
                                  stereotypes.           organisations,                                                             Ministry of
                                                         Experts in the                                                             Education and
                                                         area                                                                       Science

                                  Objective 4.1.3

                                  Establishing           Institute of     2007-2010   No costs    Lack of           Clear system    NGEC,
                                  gender analysis as     Curricula,                   are         capacities may    and             Technical
                                  one of the crucial     MoES,                        incurred.   lead to failure   procedures      Secretariat,
                                  criteria for           Institute for                            in accurately     for gender      Committee
                                  selecting best         Gender                                   using gender      analysis in     for Equal
                                  textbooks for          Studies                                  analysis as a     textbooks       Opportunities
                                  publishing                                                      selection         selection.      Commissions
                                  (teacher‘s book,                                                criterion.                        tasked with
                                  student‘s book and                                                                                textbook


                                                                                                                                    64
                              other auxiliary                                                                                   selection
                              teaching
                              documents;
                              teacher‘s guides,
                              training modules,
                              as well as teacher
                              training
                              methodology).

            Objective 4.2     Objective 4.2.1

            Building up the   Preparing teacher    MoES,           2007-2008    It should be                   Modules          NGEC,
            capacities of     training modules     Institute of                 calculated.                    prepared.        Technical
            education         accommodating        Pedagogical                                                                  Secretariat
            institutions so   gender               Studies and
            as to             mainstreaming as a   Curricula,
            mainstream        specific topical     Institute for
            gender equality   theme, as well as    Gender
            issues and        the parent-teacher   Studies,
            concepts in the   dialogue.            Non-profit
            planning,                              organisations
            implementation                         involved in
            and monitoring                         training
            processes in
            education.

                              Objective 4.2.2
                              Training primary     MoES,           2008-2009    It should be Lack of           Number of        NGEC,
                              school and           Education                    calculated. resources may      trained          Technical
                              secondary school     Directorates,                             lead to failure   teachers in 12   Secretariat,
                              teachers in this     Non-profit                                to provide        Prefectures;     Committee
                              aspect.              organisations                             coverage for      Clear-cut and    for Equal
                                                   involved in                               the whole         efficient        Opportunities
                                                   training                                  country.          gender-
                                                                                                               oriented
                                                                                                               policies in
                                                                                                               education


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OBJECIVES   OBJECIVES         UNDERTAKEN            RESPONSIBLE     TION TIME   BUDGET     DIFFICULTIES      INDICATORS       MECHANISMS
                                                    & PARTNERS                  000/LEKË
                              Objective 4.2.3
                              Ensuring increase     MoES,           2007-2010              Prevailing        Number of        NGEC,
                              in the number of      MoJ,                                   mentality may     women newly      Technical
                              women involved in     Pl,                                    be a barrier to   appointed to     Secretariat,
                              school                Education                              achieving this    the leadership   Committee
                              management            Directorates                           goal in certain   of schools in    for Equal
                              through appointing                                           areas.            12               Opportunities
                              them in leading                                                                Prefectures.
                              posts, and other
                              institutional
                              arrangements.

            Objective 4.3     Objective 4.3.1

            Ensuring the      Conducting a          MoES,           2007-2008   5,000      Insufficient      Study            NGEC,
            communities‘      cross-country study   Non-profit                             resources may     completed        Technical
            and               of social and         organisations                          lead to limited   and              Secretariat,
            households‘       cultural approaches   PL,                                    number of         published;       Committee
            upgraded          to young women‘s      Donors                                 covered areas.                     for Equal
            social and        education and                                                                  Outcomes         Opportunities
            cultural          women‘s                                                                        and
            approaches that   participation in                                                               recommendat
            help promote      decision-making in                                                             ions made.
            the values and    education.
            importance of
            young
            women‘s
            education,
            including
            women‘s roles
            in and
            contribution to
            development.

                              Objective 4.3.2

                              Undertaking an        MoES,           2007-2010   10,000     Mentality and     Number of        NGEC,
                              awareness-raising     Specialised                            shortage of       posters,         Technical
                              campaign based on     study non-                             information       leaflets and     Secretariat,
                              the study findings    profit                                 alone are not     round tables     Committee


                                                                                                                              66
                                   for schools, parents   organisations                             always the         in the 12    for Equal
                                   and communities,       and institutes,                           factors that       Prefectures. Opportunities
                                   particularly in        Media                                     impact in          Increasing
                                   remote and rural                                                 young              number of
                                   areas, on the                                                    women‘s            young women
                                   importance and                                                   interruption of    going to
                                   benefits of young                                                education.         school after
                                   women‘s education,                                               Lack of            finishing
                                   including                                                        infrastructure     primary
                                   continuation of                                                  also affects       education in
                                   young women‘s                                                    interruption of    rural areas.
                                   education beyond                                                 education.
                                   primary school.
                                   Objective 4.3.3
                                   Engaging female        MoES,           2007-2010     15,000      Difficult          Number of         NGEC,
                                   and male teachers      Regional                                  infrastructure     teachers          Technical
                                   in the awareness-      Education                                 in remote areas    engaged in        Secretariat,
                                   raising door-to-       Directorates,                             may be an          awareness-        Committee
                                   door campaign in       Teaching staff,                           obstacle to        raising           for Equal
                                   rural and remote       communities                               accurate           campaigns in      Opportunities
                                   areas about            and parents,                              monitoring.        24
                                   women‘ and young       Teachers‘                                                    Municipalitie
                                   women‘s                Associations                                                 s.
                                   education.                                                                          Number of
                                                                                                                       houses and
                                                                                                                       villages
                                                                                                                       visited to that
                                                                                                                       effect.



Aim 5            Objective 5.1     Objective 5.1.1

Improving        Extending         Improving              MoLSAEO,          2008-2009   No costs    Implementatio      Upgraded          NGEC,
the at-risk      support to poor   evaluation criteria    State Social                  are         n of this policy   gender-           Technical
women’s          households and    intended for           Service                       incurred.   should be          oriented          Secretariat,
social           individuals and   households below                                                 concurrent         policies and      Committee
situation        groups in need    absolute poverty                                                 with the           programmes.       for Equal
through their    with a view to    line by reviewing                                                Strategy for       Number of         Opportunities
increased        reducing          the financial                                                    Social             households
access to        poverty by        assistance scheme,                                               Services, and      benefiting
quality social   providing cash    extending priority                                               what it            from this


                                                                                                                                         67
services.   payments and       treatment to                                                        provides for    policy.
            social services,   households with                                                     concerning      Friendly
            giving priority    female heads of                                                     these           environment
            to households      households,                                                         categories.     for women
            with female        mothers of many                                                                     and young
            heads of           children, Roma                                                                      women
            households,        households,                                                                         experiencing
            mothers of         Egyptian                                                                            social
            many children      households, and                                                                     problems.
            and orphaned       households with
            children.          orphaned children.

                               Objective 5.1.2

                               Training of local       MoLSAEO,         2008-2010   It should be Training of       Number of        NGEC,
                               government staff        State Social                 calculated. local              persons          Technical
                               (the newly created      Service,                                  government        trained.         Secretariat,
                               structures at a         MoI,                                      staff should      Number of        Committee
                               region,                 Faculty of                                also be           training         for Equal
                               municipality and        Sociology and                             coordinated       sessions held.   Opportunities
                               commune level),         Social Work,                              with the local    Training
                               who are in charge       Non-profit                                government        outcomes
                               of assistance and       organisations,                            decentralisatio   reflected in
                               social service          Donors                                    n policy.         the
                               programmes                                                                          performance.
                               designed for
                               women in need.
            Objective 5.2      Objective 5.2.1

            Ensuring           Expanding, through      MoI,             2009        It should be                   Number of        NGEC,
            nation-wide        piloting in three       MoLSAEO,                     calculated.                    new services     Technical
            distribution of    areas, community-       Non-profit                                                  created in 3     Secretariat,
            community-         based service           organisations,                                              areas.           Committee
            based services     network intended        Donors                                                      Number of        for Equal
            for women          for women and                                                                       women and        Opportunities
            with social        young women in                                                                      young women
            problems.          need, and                                                                           in need, who
                               particularly, for the                                                               benefit from
                               Roma and Egyptian                                                                   these
                               ones, as well as                                                                    services.
                               guaranteeing                                                                        Periodic


                                                                                                                                    68
                                  sustainability of                                                                     statistical
                                  these services.                                                                       information.

                                  Objective 5.2.2

                                  Increasing in-need      MoLSAEO,           2008-2010    It should be Low access to    Number of       NGEC,
                                  women‘s access to       State Social                    calculated. information       persons         Technical
                                  information on the      Service,                                     technology.      retrieving      Secretariat,
                                  legal framework,        MoF /Social                                  Lack of          information.    Committee
                                  instruments             Insurance                                    information      Number of       for Equal
                                  ensuring social         Institute,                                   infrastructure   awareness-      Opportunities
                                  protection and          Faculty of                                   in Albania‘s     raising
                                  public and private      Sociology,                                   remote areas     publications.
                                  institutions offering   Non-profit                                   (rural/mountai   Number of
                                  these services.         organisations                                nous).           trained
                                                                                                                        persons.
Aim 6           Objective 6.1     Objective 6.1.1

Improving       Developing        Reviewing the           Health             2010         No costs     Delays in        Reviewed        MoH,
population’s    and improving     Health Insurance        Insurance                       are          approving        Health          NGEC,
health by       health policies   Scheme, focussing       Institute (HII);                incurred.    reviewed         Insurance       Technical
ensuring        and               on:                     Public Health                                scheme, or       Scheme.         Secretariat,
upgraded        programmes so     1. Groups of            Institute,                                   incorporating                    Committee
response by     as to address     diagnoses directly      MoH,                                         medications      Incorporation   for Equal
the health      gender            affecting               Central                                      treating the     of groups of    Opportunities
system to       differences and   reproductive health.    government,                                  STDs into it.    diagnoses.
women’ and      meet women‘       2. The right to         Local
men’s special   and men‘s         subsidised              government;                                                   List of
health needs.   health needs.     medicines for           Patients‘                                                     subsidised
                                  husband/wife, even      Associations,                                                 medications.
                                  when they are not       Health non-
                                  employed (if one of     profit                                                        Medications
                                  them is insured.)       organisations                                                 treating STDs
                                  3. Incorporation of                                                                   incorporated
                                  medications treating                                                                  into the
                                  sexually transmitted                                                                  Health
                                  infections and                                                                        Insurance
                                  HIV/AIDS into the                                                                     Scheme.
                                  health insurance
                                  scheme.
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OBJECIVES   OBJECIVES         UNDERTAKEN             RESPONSIBLE      TION TIME     BUDGET        DIFFICULTIES       INDICATORS    MECHANISMS
                                                     & PARTNERS                     000/LEKË
                              Objective 6.1.2

                              Ensuring free          MoH,             2010          It should be This                Number of     MoH,
                              vaccination against    Public Health                  calculated. vaccination          females       Public Health
                              Human Papilloma        Institute,                                  should be           vaccinated.   Institute,
                              Virus (HPV) as a       Private                                     proceeded by                      NGEC,
                              very efficient         operators,                                  an awareness-                     Technical
                              means in reducing      Associations,                               raising                           Secretariat,
                              cervical cancer        Health                                      campaign and                      Committee
                              among women.           Insurance                                   education                         for Equal
                                                     Institute                                   among young                       Opportunities
                                                                                                 women about
                                                                                                 reproductive
                                                                                                 health care.
            Objective 6.2     Objective 6.2.1

            Enhancing         Collecting and                          2008 and on   It should be Lack of a           Available     NGEC,
            knowledge and     reporting on sex       MoH,                           calculated. shared pattern       data and      Technical
            understanding     disaggregated data     National                                    for collecting      reports.      Secretariat,
            of females‘ and   so as to follow up     Institution of                              sex                               Committee
            males‘ health,    on females‘ and        Health                                      disaggregated                     for Equal
            as well as of     males‘ health          Insuarances                                 data may lead                     Opportunities
            their health      indicators on a        INSTAT                                      to difficulty in
            needs.            yearly basis.                                                      their
                                                                                                 processing.
                              Objective 6.2.2

                              Initiating a           Public Health    2007-2010     10,000        Insufficient Number and          NGEC,
                              campaign for the       Institute                                    resources maycontents of         Technical
                              education of                                                                     awareness-
                                                                                                  lead to limiting                 Secretariat,
                              population about       Non-profit                                   the          raising             Committee
                              fertility and          organisations                                intervention messages.           for Equal
                              women‘ and men‘                                                     areas.       Number of           Opportunities
                              shared                                                                           programmes.         Ministry of
                              responsibilities for                                                             Other means         Health
                              good family health.                                                              employed for
                                                                                                               conducting
                                                                                                               the campaign.
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                                                                                                                                   70
OBJECIVES   OBJECIVES          UNDERTAKEN            RESPONSIBLE       TION TIME    BUDGET       DIFFICULTIES    INDICATORS       MECHANISMS
                                                     & PARTNERS                     000/LEKË
                               Objective 6.2.3

                               Developing            MoES,             2007-2010    It should be It should be    Curricula        NGEC,
                               curricula on          MoH,                           calculated. made sure that   developed.       Technical
                               nutrition, hygiene    Experts,                                    all             Number of        Secretariat,
                               and family            Donors,                                     communities     students         Committee
                               planning for boys     Non-profit                                  are involved.   involved.        for Equal
                               and girls.            organisations                                                                Opportunities

            Objective 6.3      Objective 6.3.1

            Providing          Collecting sex        MoH,              2007-2008    It should be Lack of a       Sex-             NGEC,
            support to and     disaggregated data    Public Health                  calculated. previous         disaggregated    Technical
            guaranteeing       on the use of state   Institute,                                  database.       database.        Secretariat,
            women‘ and         and private health    INSTAT,                                                                      Committee
            men‘s full and     services.             National and                                                                 for Equal
            equal access to                          international                                                                Opportunities
            all levels of                            organisations
            health care, and                         operating in
            ensuring                                 the health area
            provision of
            effective health
            services to
            them.
                               Objective 6.3.2

                               Ensuring that         Local          2008-2010                                    Adjusted         Ministry of
                               health centres or     government,                                                 timetables of    Health,
                               clinics are easily    Administration                                              health clinics   NGEC,
                               accessible to         of health                                                   and centres.     Technical
                               women, and            centres                                                                      Secretariat,
                               adjusting their                                                                                    Committee
                               timetables with the                                                                                for Equal
                               women‘s working                                                                                    Opportunities
                               hours.


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                                                                                                                                  71
OBJECIVES   OBJECIVES          UNDERTAKEN             RESPONSIBLE      TION TIME       BUDGET       DIFFICULTIES       INDICATORS      MECHANISMS
                                                      & PARTNERS                       000/LEKË
                               Objective 6.3.3

                               Introducing an         Local            2008-2010       It should be Insufficiency      Transportatio   MoH,
                               emergency              government                       calculated. of resources        n system        NGEC,
                               transportation                                                       may lead to        introduced in   Technical
                               system particularly    Health centres                                limiting the       24              Secretariat,
                               for women, and                                                       intervention       Municipalitie   Committee
                               engaging the                                                         areas.             s.              for Equal
                               community in                                                                                            Opportunities
                               developing
                               efficient ways for
                               taking women to
                               hospital.

                               Objective 6.3.4

                               Allocating             MoH and                                                          Human and       NGEC,
                               sufficient resources   derivative                                                       financial       Technical
                               for training women     institutions                                                     resources       Secretariat,
                               as health care                                                                          allocated for   Committee
                               givers at all the      Non-profit                                                       training.       for Equal
                               levels of health       organisations                                                                    Opportunities
                               service provision.

                               Objective 6.3.5
                               Incorporating          MoES,            2008 and on                                     Upgraded        NGEC,
                               gender perspective     Faculty of                                                       curriculum.     Technical
                               into the curriculum    Medicine,                                                                        Secretariat,
                               of the Faculty of      Chairs,                                                                          Committee
                               Medicine and the       Experts                                                                          for Equal
                               Nursing Higher                                                                                          Opportunities
                               School.

            Objective 6.4      Objective 6.4.1

            Providing          Conducting annual      MofH,            In the course   It should be Inadequate         Number of       NGEC,
            support in         check-up               National         of 2007         calculated. resources may       check-ups       Technical
            extending          campaigns (Pap         Institution of                                lead to limiting   carried out.    Secretariat,
            effective health   test and               Health                                        the                Number of       Committee


                                                                                                                                       72
                services to       mammography) to       Insuarances,                                 intervention   intervention    for Equal
                women and         ensure necessary      Private                                      areas.         areas.          Opportunities
                men, and          examinations that     services,
                promoting         help improve          Donors,
                good health by    women‘s quality       Experts
                undertaking       life.
                preventive
                measures and
                reducing risk
                factors
                surrounding
                women‘s
                health.

Aim 7           Objective 7.1     Objective 7.1.1

Upgrading        Raising          Raising awareness     Journalists‘    2007 and on   It should be                Guidelines        NGEC,
the role of     awareness and     about reduction of    Associations,                 calculated.                 completed.        Technical
media in        quality of        sexist language in    Written and                                               Reduction in      Secretariat,
creating a                        the media, and        electronic                                                commercials in    Committee
modern          public            promoting use of      media,                                                    which women       for Equal
perception of   information       language reflecting   Institute of                                              are treated as    Opportunities
gender          about             the gender equality   Free Media,                                               objects of sex.
equality in     overcoming        principles.           MoLSAEO,                                                  Campaigns for
society and     gender                                  Faculty of                                                informing the
women’s         stereotypes and                         Social                                                    public about
increased       the importance                          Sciences,                                                 gender-specific
presence in                                             Faculty of                                                problems and
the media.      of achieving                            Journalism,                                               issues in
                gender equality                         Non-profit                                                Albania.
                in society,                             organisations                                             Footage and
                through various                                                                                   space in the
                policies and                                                                                      electronic and
                products in the                                                                                   written media.
                                                                                                                  Television
                media.
                                                                                                                  spot.
                                                                                                                  Setting up and
                                                                                                                  operation of
                                                                                                                  the media
                                                                                                                  monitoring
                                                                                                                  units.
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                                                                                                                                    73
OBJECIVES       OBJECIVES        UNDERTAKEN           RESPONSIBLE      TION TIME   BUDGET     DIFFICULTIES     INDICATORS       MECHANISMS
                                                      & PARTNERS                   000/LEKË
Aim 8.1         Objective 8.1.1 Objective 8.1.1.1

Raising          Setting up                           MoI,             2007-2010   No costs   Failure to       Efficient        MoI,
society’s       structures       Setting up and                                    are        comprehend       offices
                                 reinforcing office   MoLSAEO,                     incurred   the importance   providing        MoLSAEO,
awareness of    assigned with                         Non-profit                                                                Non-profit
the fight       providing        for civic                                                    of               information
                                 communication at     organisations,                          communication    for the public   organisations
against         information on
domestic        domestic         a local level        Media                                   with citizens
violence, and   violence
the measures
intended to
come to the
aid of the
victims
through a
change in
approaches.
                                 Objective 8.1.1.2

                                 Evaluating the       MoLSAEO,         2008-2009                               Arguments        MoLSAEO
                                                                                                               for the
                                 violence-related     NGO,                                                     policy-
                                 situation for        Faculty of                                               makers at a
                                 women/ children at   Social                                                   central and
                                 a community level    Sciences                                                 local level to
                                                                                                               undertake
                                                                                                               concrete and
                                                                                                               efficient
                                                                                                               actions
                                                                                                               against
                                                                                                               domestic
                                                                                                               violence

                                 Objective 8.1.1.3

                                 Developing and       NGO,             2010        1.6                         Information      Non-profit
                                                                                                               of the public
                                 implementing an      Media,                                                                    organisations,
                                 information          Faculty of                                                                MoLSAEO



                                                                                                                                74
                                  strategy for doing    Social
                                  away with the         Sciences
                                  taboos
                                  Objective 8.1.1.4

                                  Conducting studies MoH,               2008 - 2012              Difficulty for   Publication of Quantitative
                                                                                                 the elderly to   findings from
                                  designed to         Non-profit                                 report           studies.       evaluation of
                                  measure the         oganisations                               violence.                       the cases
                                  incidence &                                                                                    involving
                                  prevalence of the                                                                              victims of
                                  phenomenon of                                                                                  domestic
                                  violence against                                                                               violence.
                                  children, women
                                  and the elderly in
                                  the family, with a
                                  view to identifying
                                  specific groups of
                                  consequences to
                                  health
Aim 8.1.2     Objective 8.1.2.1   Objective 8.1.2.1.1

Educating     Upgrading           Setting up a          MoES &          2008          8          In low           Shortage of    MoES,
                                                                                                 numbers          technology
children,     curricula           scientific group to   National                                                                 IKS (Institute
young people                      review the            Center of                                                                of Curricula
and the                           curriculum            Education and                                                            and
society                                                 Evaluation                                                               Strategies)
overall, that                                                                                                                    Domestic
domestic                                                                                                                         violence
violence is                                                                                                                      experts
unacceptable,
and
empowering
them to make
well-informed
choices.
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                                                                                                                                 75
OBJECIVES   OBJECIVES           UNDERTAKEN             RESPONSIBLE      TION TIME    BUDGET     DIFFICULTIES   INDICATORS      MECHANISMS
                                                       & PARTNERS                    000/LEKË
                                Objective 8.1.2.1.2

                                Setting the            MoES,           2008-2010     No costs                                  MoES
                                standards for each     IKS (Institute                are
                                and every level of     of Curricula                  incurred
                                schooling and          and Strategies)
                                education for
                                similar subjects

                                Objective 8.1.2.1.3

                                Setting specific       IKS, (Institute 2008-2010     No costs                  Reviewing
                                targets for subjects   of Curricula                  are                       the
                                of social and civic    and Strategies)               incurred                  curriculum in
                                education              QTKA                                                    line with the
                                                       MoES &                                                  SKZHAP
                                                       INSIKS,                                                 (National
                                                       Publishing                                              Strategy for
                                                       houses                                                  the
                                                                                                               Development
                                                                                                               of Pre-
                                                                                                               university
                                                                                                               Education)

            Objective 8.1.2.2   Objective 8.1.2.2.1

            Reviewing the       Reviewing the          MoES & non-      2008-2009    No costs                  Lack of         MoES
            teaching plans,     curricula on           profit                        are                       domestic
            textbooks and       approaching            organisations,                incurred                  violence
            extra-curricular    domestic violence      MoLSAEO                                                 experts.
            and out-of-         according to                                                                   Absence of
            school              education cycles                                                               cooperation.
            literature          and lessons
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                                                                                                                               76
OBJECIVES   OBJECIVES   UNDERTAKEN              RESPONSIBLE      TION TIME    BUDGET     DIFFICULTIES   INDICATORS    MECHANISMS
                                                & PARTNERS                    000/LEKË
                        Objective 8.1.2.2.3
                                                                 2009-2010    3
                        Making sure that        MoES & non-                                             Developing    MoES
                        textbooks               profit                                                  policies
                        incorporate             organisations,                                          against
                        specific subject        MoLSAEO                                                 domestic
                        themes on                                                                       violence
                        domestic violence

                        Objective 8.1.2.2.4

                        Introducing the         IKS (Institute 2008-2009      No costs                  Behaviours    MoES
                        module-based            of Curricula                  are                       and
                        system in               and Strategies)               incurred                  approaches
                        secondary schools                                                               towards
                                                                                                        victims of
                                                                                                        violence

                        Objective 8.1.2.2.5

                        Incorporating           IKS (Institute   2008-2010    3                         Raising the   MoES
                        given topical           of Curricula                                            level of
                        themes on               and                                                     public
                        domestic violence       Strategies)&                                            awareness
                        into the extra-         Publishing
                        curricular literature   houses

                        Objective 8.1.2.2.6

                        Compiling               IKS (Institute 2008-2009      120                       Training
                        textbooks and           of Curricula                                            domestic
                        support literature      and Strategies)                                         violence
                                                & QKTA                                                  experts
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                                                                                                                      77
OBJECIVES        OBJECIVES           UNDERTAKEN            RESPONSIBLE     TION TIME    BUDGET        DIFFICULTIES   INDICATORS       MECHANISMS
                                                           & PARTNERS                   000/LEKË
                                     Objective 8.1.2.2.7

                                     Ensuring              MoES,           2008-2010    No costs                     Quantity and     MoES,
                                     specialisation for    Regional                     are                          quality of the   MoLSAEO
                                     domestic violence     Education                    incurred                     capacities
                                     experts in the        Directorates,                                             built
                                     higher schools        Universities
Aim 8.1.3        Objective 8.1.3.1   Objective 8.1.3.1.1

Building the     Establishing a      Setting up a        MoES,             2007-2008    8,000
human            pool of             national nucleus    MoLSAEO
capacities for   national            trained in
addressing       trainers            addressing
domestic                             problems and
violence                             domestic violence
                                     Objective 8.1.3.1.2

                                     Introducing the       MoES,           2008-2009    144,000                      Upgrading        MoLSAEO
                                     vertical training     National                                                  effectiveness
                                     system                Center for                                                of
                                                           Educational                                               communicati
                                                           Training                                                  on and
                                                                                                                     service
                                     Objective 8.1.3.1.3

                                     Planning out          MoES,           2008-2010    Included in                  Following up     MoES,
                                     training on an on-    National                     the above                    on issues by     MoLSAEO
                                     going basis           Center for                   cost                         the local
                                                           Educational                                               government,
                                                           Training                                                  Regional
                                                                                                                     Education
                                                                                                                     Directorates,
                                                                                                                     SHK
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OBJECIVES   OBJECIVES   UNDERTAKEN            RESPONSIBLE     TION TIME    BUDGET      DIFFICULTIES   INDICATORS   MECHANISMS
                                              & PARTNERS                   000/LEKË
                        Objective 8.1.3.1.4

                        Training the          MoES, MoI,      2008-2009    48,000                                  MoI,
                        administration of     MoLSAEO,                                                             MoLSAEO
                        all central           Local
                        departments           government,
                                              Non-profit
                                              organisations

                        Objective 8.1.3.1.5

                        Training teachers     MoES            2008-2010    1,440,000                               MoES,
                        at all levels                                                                              MoTCYS

                        Objective 8.1.3.1.6

                        Training the local    MoES,           2008-2010    440,000                                 Non-profit
                        government            MoI,                                                                 organisations
                        administration        Local
                                              government,
                                              MoH,
                                              MoLSAEO


                        Objective 8.1.3.1.7

                        Forecasting           MoES            2008-2010    No costs                                MoLSAEO
                        training for                                       incurred
                        parents, children
                        and voluntary
                        groups


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OBJECIVES   OBJECIVES           UNDERTAKEN             RESPONSIBLE      TION TIME     BUDGET     DIFFICULTIES      INDICATORS       MECHANISMS
                                                       & PARTNERS                     000/LEKË
            Objective 8.1.3.2   Objective 8.1.3.2.1

            Setting up and      Hosting awareness-     MoH,                                                        1.               Reviewing of
            training of         raising and training   Non-profit       2008 – 2010   5,000                        Undertaking      evaluation
            multi-              campaigns for the      organisations,                                              awareness-       reports by
            disciplinary        health care            MoLSAEO                                                     raising          hosts &
            teams so as to      providers at all the                                                               campaigns,       donors.
            guarantee the       levels of this                                                                     and
            quality of          service, including                                                                 conducting 2
            service towards     family doctors and                                                                 training
            victims of          medical                                                                            sessions in 4
            violence and        physicians, and                                                                    areas in the
            abusers.            basically, the                                                                     North, 4 in
                                paediatricians and                                                                 Central
                                psychiatrists.                                                                     Albania and 4
                                                                                                                   in Southern
                                                                                                                   Albania.
                                Objective 8.1.3.2.2

                                Initiating long- and   MoH,             2008 – 2010   32,000     Identifying and   Increasing       (4 areas – 2
                                short-term training    Non-profit                                approving by      data on the      different
                                sessions, as well as   organisations,                            the MoH of a      number of        urban areas,
                                supervision of         MoLSAEO                                   considerable      cases            and 2
                                health services                                                  number of         identified and   different rural
                                offered by the                                                   health centres    handled by       areas)
                                medical staff of the                                             to benefit from   the staff of
                                Health Care                                                      the training      the Health
                                Centres at the                                                   sessions.         Care Centres.
                                communes and
                                municipalities.
                                (Identifying,
                                addressing of light
                                cases, and referring
                                severe cases).
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OBJECIVES   OBJECIVES   UNDERTAKEN              RESPONSIBLE      TION TIME     BUDGET     DIFFICULTIES     INDICATORS      MECHANISMS
                                                & PARTNERS                     000/LEKË
                        Objective 8.1.3.2.3

                        Setting up of multi-    MoH,             2008 - 2010   80,000     Shortage of      Putting 4       Evaluating
                        disciplinary teams,     MoF,                                      adequate         multi-          patients
                        and their piloting      Non-profit                                funding so as    disciplinary    benefiting
                        according to the        organisations                             to ensure a      teams in        from the
                        following                                                         considerable     place in        teams
                        distribution: 2 –                                                 number of        Albania to      established, in
                        Northern Albania;                                                 multi-           train victims   quantitative
                        2 – Southern                                                      disciplinary     and abusers     and
                        Albania; (with                                                    teams in         (2010).         qualitative
                        number 2 splitting                                                Albania.                         terms.
                        into: 1 standing per                                                                               Evaluating
                        rural area, and 1                                                                                  medical
                        per urban area).                                                                                   registers and
                                                                                                                           documentatio
                                                                                                                           n used by
                                                                                                                           them.
                        Objective 8.1.3.2.4

                        Incorporating           MoH,             2008-2010     No costs   Lack of          Increase in
                        information on          Non-profit                     incurred   accountability   the number of
                        forensic medical        organisations,                            on the part of   medical and
                        expertise, as well      MoLSAEO                                   the medical      psychiatric
                        as medical and                                                    staff, and       reports,
                        psychiatric reports,                                              indifference     registered
                        or some other                                                     towards the      also by the
                        report required by                                                provision of     Court.
                        the patient, into the                                             this
                        routine practice                                                  information.
                        with the victims of
                        domestic violence.

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OBJECIVES   OBJECIVES           UNDERTAKEN            RESPONSIBLE     TION TIME    BUDGET     DIFFICULTIES   INDICATORS   MECHANISMS
                                                      & PARTNERS                   000/LEKË
            Objective 8.1.3.3   Objective 8.1.3.3.1

            Systems             Ensuring media        MoLSAEO,        2009-2010    5,000                                  MoES,
            designed for        coverage of           Media,                                                              Local
            denouncing          domestic violence     Local                                                               government
            violence and        consequences          government
            protecting the
            victim


                                Objective 8.1.3.3.2

                                Setting up the        Regional        2009-2010    10,000                                 MoI,
                                information system    Education                                                           MoLSAEO
                                designed for          Directorates,
                                raising the           Education
                                awareness of the      Offices
                                victims of
                                domestic violence
                                and denunciation.


                                Objective 8.1.3.3.3

                                Making use of the    MoES             2008-2010    No costs
                                telephone line, e-                                 are
                                mail, Internet home                                incurred
                                page, and literature
                                in the school,
                                neighbourhood or
                                city library.



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OBJECIVES       OBJECIVES         UNDERTAKEN             RESPONSIBLE      TION TIME     BUDGET     DIFFICULTIES      INDICATORS     MECHANISMS
                                                         & PARTNERS                     000/LEKË
                                  Objective 8.1.3.3.4

                                  Developing codes       Regional         2008-2010     No costs
                                  of cooperation         Education                      are
                                  among the police,      Directorates,                  incurred
                                  school and the         SHK
                                  local government.

Objective 8.2   Objective 8.2.1   Objective 8.2.1.1

The legal       Upgrading the     Preparing              MoLSAEO,         September –   No costs   Delays            Secondary      MoLSAEO,
landscape       legal             subordinate legal      MoI,             December      incurred   conditioned by    legislation    Civil society,
and justice     framework         acts building on       MoJ,             2007                     failure to set    completed.     Parliament,
structures –    surrounding       and pursuant to this   MoH                                       up structures                    Donors
guarantors      domestic          Law.
for             violence.
prevention of
and
protection
from
domestic
violence.
                                  Objective 8.2.1.2

                                  Setting up             MoLSAEO,         September     144        Delays caused     Structures     MoLSAEO,
                                  structures as          MoI,             2007 and on              through failure   established    Civil society,
                                  provided for in the    MoJ,                                      to ensure         and trained.   Donors
                                  Law, and their         School of                                 coordination,
                                  training.              Magistrates,                              through other
                                                         Police School,                            government
                                                         National                                  priorities.
                                                         Chamber of
                                                         Advocates
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OBJECIVES   OBJECIVES   UNDERTAKEN            RESPONSIBLE   TION TIME    BUDGET        DIFFICULTIES   INDICATORS       MECHANISMS
                                              & PARTNERS                 000/LEKË
                        Objective 8.2.1.3

                        Conducting an         MoLSAEO,      January-     Included in                  Number of        MoLSAEO,
                        awareness-raising     MoI           March 2008   other costs                  publications,    Civil society,
                        campaign about                                                                activities and   Surveying
                        this Law, and the                                                             means of
                        relevant                                                                      information
                        international acts,                                                           made
                        and procedures                                                                available to
                                                                                                      citizens.

                        Objective 8.2.1.4

                        Bringing the laws                   April-       500
                        in force providing                  December
                        for protection from                 2008
                        domestic violence
                        at large, into line
                        with one another.
                        Reviewing,
                        preparing and
                        ensuring adoption
                        of amendments and
                        additions to the
                        Civil Code, Family
                        Code, Criminal
                        Code,
                        Criminal Procedure
                        Code, Civil
                        Procedure Code,
                        and other laws in
                        tune with
                        international
                        standards (EC, EU,



                                                                                                                       84
                  UNO), and
                  domestic
                  legislation.

                  Objective 8.2.1.4.a

                  Setting up a           MoJ,       First half of   No costs      Failure to         A package of      MoLSAEO,
                  working group          MoLSAEO    2008            incurred      ensure             draft             Civil society,
                  constituted of                                                  coordination       amendments        Parliament
                  experts and                                                     between            submitted to
                  representatives of                                              MoLSAEO            the
                  the non-profit                                                  and MoJ,           Parliament.
                  organisations with                                              delays caused
                  a view to                                                       by the experts‘
                  identifying the                                                 group.
                  needs for change,
                  and preparing the
                  changes and the
                  relevant report.

                  Objective 8.2.1.4.b

                  Preparing              MoLSAEO,   2009            No costs      Delays through Subordinate           MOLSAEO,
                  subordinate legal      MoJ,                       incurred      failure to      legal acts           Civil society,
                  acts building on       MoI,                                     achieve         adopted.             Parliament
                  and for enforcing      MoH                                      Objective 1.1.2
                  these changes.                                                  a.

Objective 8.2.2   Objective 8.2.2.1

Upgrading         Building up the        MoLSAEO,   March 2008      10            Difficulties       A more            Surveying,
policies          information system     MoJ                        Part of the   surrounding        informed          Civil society,
addressing        concerning                                        other         public servants‘   public with       Donors,
access to the     domestic violence                                 calculated    mindset            regard to their   Parliament
legal system      victims‘ rights, and                              costs         regarding          rights
and the system    the procedural                                                  citizen-focussed



                                                                                                                       85
            of justice.   guarantees that the                                               services, and
                          system of justice                                                 their right to
                          offers them.                                                      receiving
                                                                                            information.

                          Objective 8.2.2.1.a

                          Preparing leaflets      MoJ,           March 2008   5             Failure by         Number of     Surveying,
                          outlining the rights    MoI,                                      responsible        informative   Civil society,
                          in terms of             MoLSAEO                                   structures to      materials,    Donors,
                          procedures, and                                                   give priority to   number of     Parliament
                          displaying them in                                                them.              informed
                          courthouses and                                                                      citizens,
                          police stations in a                                                                 number of
                          way that they are                                                                    units where
                          readily accessible by                                                                they are
                          the public.                                                                          located.

                          Objective 8.2.2.1.b

                          Preparing guides        MoLSAEO,       March 2008   5             Failure by         Number of     Surveying,
                          on the types,           MoI,                        Engaging      responsible        informative   Civil society,
                          operation of and        MoH                         two experts   structures to      materials,    Donors,
                          access to support                                                 give priority to   number of     Parliament
                          services extended                                                 them.              informed
                          to victims, and                                                   Lack of            citizens,
                          perpetrators‘                                                     coordination       number of
                          rehabilitation, and                                               among              units where
                          displaying them in                                                structures         they are
                          courthouses and                                                   concerning         located.
                          police stations in a                                              preparation of
                          way that they are                                                 guides.
                          readily accessible
                          by the public.

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OBJECIVES   OBJECIVES   UNDERTAKEN             RESPONSIBLE    TION TIME    BUDGET        DIFFICULTIES       INDICATORS    MECHANISMS
                                               & PARTNERS                  000/LEKË
                        Objective 8.2.2.1.c

                        Preparing models       MoJ,           March–May    5             Failure by         Number of     Surveying,
                        of typical             National       2008         Engaging      responsible        informative   Civil society,
                        documents (write       Chamber of                  two experts   structures to      materials,    Donors,
                        for petition of        Advocates                                 give priority to   number of     Parliament
                        legal rights).                                                   them. Lack of      informative
                        Preparing leaflets                                               coordination       citizens,
                        for efficient                                                    among              number of
                        complaints‘ (legal)                                              structures         units where
                        procedures, means                                                concerning         they are
                        of guarantee,                                                    preparation of     located.
                        means of                                                         guides.
                        protection, specific
                        legal rights, and
                        the rehabilitation
                        programmes.

                        Objective 8.2.2.3

                        Developing                            2008         No costs
                        communication                                      incurred
                        and crisis-related
                        quick response
                        procedures and
                        protocols, with
                        coordination
                        among all the
                        actors in the
                        system of justice
                        being ensured.


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OBJECIVES   OBJECIVES   UNDERTAKEN            RESPONSIBLE    TION TIME    BUDGET        DIFFICULTIES      INDICATORS      MECHANISMS
                                              & PARTNERS                  000/LEKË
                        Objective 8.2.2.3.a

                        Preparing             MoJ,           2008         5             Failure to        Handbooks       Council of
                        handbooks on          MoLSAEO,                    (Engaging     establish the     on              Ministers,
                        procedures.           MoI,                        two           coordinating      procedures      Parliament,
                                              MoH                         experts)      structure at      finished and    Civil society,
                                                                                        MoLSAEO in        distributed.    Donors
                                                                                        time.
                        Objective 8.2.2.3.b

                        Developing and        MoJ,           2008         No costs      Failure to        Number of       Council of
                        ensuring adoption     MoLSAEO,                    incurred      establish the     protocols       Ministers,
                        of coordination,      MoI,                                      coordinating/le   concluded       Parliament,
                        cooperation and       MoH                                       ading structure   among           Civil society,
                        communication                                                   at MoLSAEO        structures.     Donors
                        protocols among                                                 in time.          Number of
                        the services                                                    Lack of           administrativ
                        offered within and                                              coordination      e units
                        outside of the                                                  among             covered.
                        system of justice.                                              structures.
                                                                                        Shortage of
                                                                                        consolidated
                                                                                        services.
                        Objective 8.2.2.4
                                                                          Included in
                        Promoting and                                     other costs
                        focusing research
                        on domestic
                        violence issues
                        with a view to
                        developing
                        adequate policies
                        and legislation.
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OBJECIVES   OBJECIVES   UNDERTAKEN            RESPONSIBLE   TION TIME    BUDGET        DIFFICULTIES       INDICATORS      MECHANISMS
                                              & PARTNERS                 000/LEKË
                        Objective 8.2.2.4.a

                        Planning out          MoES,          December    Included in   Failure to give    Number of       Researchers
                        research on the       Faculty of     2009        other costs   priority to this   studies,        and activists
                        causes and effects    Law, School of                           component.         analyses and    in the area,
                        of violence, and      Magistrates,                             Lack of            surveys.        Civil society,
                        monitoring the        Police School,                           coordination                       Donors,
                        effectiveness of      Faculty of                               among                              Council of
                        measures on an        Social                                   structures.                        Ministers,
                        on-going basis.       Sciences,                                                                   Parliament
                                              Faculty of
                                              Medicine,
                                              Higher School
                                              of Nursing,
                                              Forensic
                                              Medicine
                                              Institute


                        Objective 8.2.2.4.b

                        Incorporating         Faculty of     September   2             Lack of            Educative       MoES,
                        CEDAW and the         Law, School of 2008                      awareness          programmes      Donors,
                        Convention on the     Magistrates,                             among the          offer           Civil society,
                        Rights of the Child   Police School                            decision-          knowledge       Students
                        into the curricula                                             making             on gender
                        of the Faculties of                                            structures of      equality,
                        Law, Police                                                    these educative    domestic
                        School and School                                              institutions,      violence,
                        of Magistrates, and                                            and shortage of    CEDAW,
                        in the education                                               funds could be     CRC and
                        programmes                                                     enlisted as an     other
                        designed for                                                   obstacle.          international
                        judges, public                                                                    obligations.



                                                                                                                          89
prosecutors and
policemen on an
on-going basis.


Objective 8.2.2.4.c

Conducting studies    MoI,             2008        2.5          Failure to give    Number of      Researchers
about the system      MoJ,                         Part of      priority to this   studies,       and activists
of juvenile           School of                    calculated   component/         analyses and   in the area,
criminal justice,     Magistrates,                 costs        Lack of            surveys.       Civil society,
and the measures      Police School,                            coordination                      Donors,
designed for its      Faculty of                                among                             Council of
upgrading.            Law,                                      structures.                       Ministers,
                      MoLSAEO                                                                     Parliament


Objective 8.2.2.4.d

Examining the         MoJ,             June 2008   2.5          Lack of            Completed      Civil society,
situation             National                                  coordination                      Members of
surrounding free      Chamber of                                between the                       National
legal assistance,     Advocates                                 two structures.                   Chamber of
the legal acts and                                                                                Advocates,
subordinate legal                                                                                 Organisations
acts in place                                                                                     offering legal
providing for its                                                                                 assistance
expanding and
upgrading.




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OBJECIVES   OBJECIVES   UNDERTAKEN                RESPONSIBLE    ATION TIME     BUDGET       DIFFICULTIES INDICATORS MECHANISMS
                                                  & PARTNERS                    000/LEKË
                        Objective 8.2.2.4.e

                        Conducting studies        MoI,           December       2.5          Failure to give    Number of      Researchers
                        of the situation          MoJ, School of 2009           Part of      priority to this   studies,       and activists
                        surrounding               Magistrates,                  calculated   component.         analyses and   in the area,
                        victims‘ re-              Police School,                costs        Lack of            observations   Civil society,
                        victimisation by          Faculty of                                 coordination                      Donors,
                        the system of             Law, Faculty                               among                             Council f
                        justice, and              of Social                                  structures.                       Ministers,
                        producing a               Sciences,                                                                    Parliament
                        mechanism for the         MoLSAEO
                        elimination of the
                        phenomenon.
                        Objective 8.2.2.4.f

                        Promoting and/or          MoLSAEO,       January 2010   2.5          Failure to give    Number of      Researchers
                        providing financial       MoES,                         Part of      priority to this   studies,       and activists
                        support to studies of     MoH,                          calculated   component.         analyses and   in the area,
                        specific situations       Faculty of                    costs        Lack of            surveys.       Civil society,
                        under which violence      Law,                                       coordination                      Donors,
                        is administered against   Faculty of                                 among                             Council of
                        the disabled household    Medicine,                                  structures.                       Ministers,
                        members, women, the       Faculty of                                                                   Parliament
                        elderly, and children,    Social
                        as well as of the         Sciences
                        rehabilitation systems
                        designed for
                        perpetrators, and
                        plausible alternative
                        sentences.




                                                                                                                               91
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OBJECIVES   OBJECIVES   UNDERTAKEN            RESPONSIBLE    ATION TIME   BUDGET        DIFFICULTIES INDICATORS MECHANISMS
                                              & PARTNERS                  000/LEKË
                        Objective 8.2.2.5

                        Incorporating the                                 No costs      Failure to        Law ―On the   Parliament,
                        necessary means                                   incurred      achieve           budget,‖      Civil society,
                        of financial                                                    objective         accommodati   MoLSAEO
                        support intended                                                1.1.1b in time,   ng the
                        for cases involving                                             shortage of       domestic
                        domestic violence,                                              financial         violence
                        into the Law ―On                                                means, lack of    component,
                        the budget.‖                                                    political         adopted.
                                                                                        consensus
                                                                                        regarding
                                                                                        priority of
                                                                                        domestic
                                                                                        violence.

                        Objective 8.2.2.5.a

                        Budget earmarked      MoLSAEO,       2008         Included in   Failure to        Law ―On the   Parliament,
                        for services          MoJ,                        other         achieve           budget,‖      Civil society,
                        (shelters, legal      MoF                         calculated    objective         accommodati   MoLSAEO
                        assistance).                                      costs         1.1.1b in time.   ng the
                                                                                        Shortage of       domestic
                                                                                        financial         violence
                                                                                        means. Lack of    component,
                                                                                        political         adopted.
                                                                                        consensus
                                                                                        concerning the
                                                                                        priority of
                                                                                        domestic
                                                                                        violence.




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STRATEGIC   SPECIFIC    ACTIONS TO BE         INSTITUTIONS     IMPLEMENT    SOURCES/      ASSUMPTIONS/ MONITORING M & E
OBJECIVES   OBJECIVES   UNDERTAKEN            RESPONSIBLE      ATION TIME   BUDGET        DIFFICULTIES INDICATORS MECHANISMS
                                              & PARTNERS                    000/LEKË
                        Objective 8.2.2.5.b

                        Budget earmarked      MoLSAEO,         2008         Included in   Failure to         Law ―On the   Parliament,
                        for establishment     MoI,                          other         achieve            budget,‖      Civil society,
                        of structures.        MoJ,                          calculated    objective          accommodati   MoLSAEO
                                              MoH,                          costs         1.1.1 b in time,   ng the
                                              MoF                                         shortage of        domestic
                                                                                          financial          violence
                                                                                          means, lack of     component,
                                                                                          political          adopted.
                                                                                          consensus
                                                                                          regarding the
                                                                                          priority of
                                                                                          domestic
                                                                                          violence.

                        Objective 8.2.2.6.c

                        Budget earmarked      MoLSAEO,         December     Included in   Failure to         Law ―On the   Parliament,
                        for the               MoI,             2008         other         achieve            budget,‖      Civil society,
                        infrastructure.       MoJ,                          calculated    objective          accommodati   MoLSAEO
                                              MoH,                          costs          1.1.1 b in        ng the
                                              MoF,                                        time, shortage     domestic
                                              Budget office,                              of financial       violence
                                              Courts                                      means, lack of     component,
                                                                                          political          adopted.
                                                                                          consensus
                                                                                          regarding the
                                                                                          priority of
                                                                                          domestic
                                                                                          violence.




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STRATEGIC   SPECIFIC          ACTIONS TO BE         INSTITUTIONS     IMPLEMENT     SOURCES/      ASSUMPTIONS/ MONITORING M & E
OBJECIVES   OBJECIVES         UNDERTAKEN            RESPONSIBLE      ATION TIME    BUDGET        DIFFICULTIES INDICATORS MECHANISMS
                                                    & PARTNERS                     000/LEKË
                              Objective 8.2.2.6.d

                              Budget earmarked      MoLSAEO,         To be         Included in   Failure to        Law ―On the       Parliament,
                              for the building of   MoI,             continued     other         achieve           budget,‖          Civil society,
                              capacities.           MoJ,                           calculated    objective 1.1.1   accommodati       MoLSAEO
                                                    MoH,                           costs         b in time,        ng the
                                                    MoF,                                         shortage of       domestic
                                                    School of                                    financial         violence
                                                    Magistrates,                                 means, lack of    component,
                                                    Police School,                               political         adopted.
                                                    Faculty of                                   consensus
                                                    Law, Faculty                                 regarding the
                                                    of Social                                    priority of
                                                    Sciences,                                    domestic
                                                    Faculty of                                   violence.
                                                    Medicine,
                                                    Higher School
                                                    of Nursing,
                                                    Forensic
                                                    medicine

            Objective 8.2.3   Objective 1.3.1

            Monitoring        Developing and        MoLSAEO,         December      No costs      Delays caused     A solid, clear,   MoLSAEO,
            interventions,    applying policies     MoI,             2008 and on   incurred      in establishing   effective and     MoJ,
            measures and      for measuring the     MoJ,                                         the leading       functioning       Council of
            operation of      outcomes, drawing     MoH                                          structure at      mechanism         Ministers,
            legislation and   on the unified                                                     MoLSAEO,          designed for      Parliament,
            the system of     indicators.                                                        poor              surveying the     Civil society,
            justice.                                                                             coordination      enforcement       Donors,
                                                                                                 among             of law, and       Courts
                                                                                                 responsible       the operation
                                                                                                 structures,       of the system



                                                                                                                                     94
                                                                                                    overlooking      of justice.
                                                                                                    the need for
                                                                                                    on-going
                                                                                                    monitoring.
Aim (?)          Objective 8.2.4   Objective 8.2.4.1

Increasing       Establishing      Identifying actors    MoLSAEO,        2007-2008   1              Lack of          Each and      Parliament,
access to        specific          in the system of      MoI,                        Calculated     experience in    every         Council of
justice          structures in     justice, who will     MoJ,                        for one year   this area,       institution   Ministers,
through          response to       be handling cases     MoH,                                       failure by the   tasked with   Civil society,
building up      meet domestic     involving domestic    Heads of                                   authorities to   assignments   MoLSAEO
services         violence          violence. Setting     courts                                     attach due       under law
offered by       victims‘ needs.   up units/                                                        importance,      against
the legal                          sectors/sections at                                              absence of       domestic
system and                         respective                                                       awareness        violence,
the system of                      institutions, which                                              among            along with
justice with a                     will be dealing                                                  leadership.      their
view to                            with domestic                                                                     specialised
preventing                         violence issues.                                                                  structures/
violence,                                                                                                            units.
protecting
victims, and
punishing
and
rehabilitating
perpetrators.
                                   Objective 8.2.4.2

                                   Drawing up of         MoI,            September   No costs       Lack of          Each and      MoLSAEO,
                                   experts‘ lists (for   MoJ, National   2008        incurred       coordination     every         MoI,
                                   psychological         Chamber of                                 among            institution   MoJ, National
                                   support and legal     Advocates,                                 structures.      that has      Chamber of
                                   assistance), and      MoLSAEO                                                     information   Advocates,
                                   making them                                                                       about the     Organisations
                                   available to the                                                                  services      offering



                                                                                                                                   95
                  court, police and                                                       offered, and    services,
                  public prosecutor‘s                                                     the experts     Experts‘
                  office.                                                                 offering        leagues
                                                                                          them.
                  Objective 8.2.4.3

                  Setting up the         MoJ   December   Included in   Shortage of       Cases           MoJ,
                  Juveniles‘ Court             2009       other         funds, lack of    involving       Civil society,
                  (or juveniles‘                          calculated    consensus         juveniles are   Donors,
                  sections)                               costs         among             handled by      Parliament
                                                                        professionals     specialised
                                                                        on the need for   institutions/
                                                                        such a            judges aware
                                                                        measure.          of juveniles‘
                                                                                          specifics.


Objective 8.2.5   Objective 8.2.5.1

Developing and    Developing a                 2008       No costs are Failure to         Number of       Council of
applying          mandatory action                        incurred     establish the      agreements      Ministers,
agreements of     protocol so that the                                 coordinating/      concluded       Parliament,
cooperation       police and all the                                   leading            among           Civil society,
concluded         services abide by                                    structure at       structures.     Donors
among state-run   the same                                             MoLSAEO in         Number of
structures, and   procedure, develop                                   time.              administrativ
between the       coordinated mid-                                     Lack of            e units
latter and non-   and long-term                                        coordination       covered.
profit            action plans for                                     among
organisations     preventing                                           structures.
acting in         violence and                                         Shortage of
defence of        protecting victims.                                  consolidated
victims.                                                               services.




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OBJECIVES   OBJECIVES         UNDERTAKEN            RESPONSIBLE      TION TIME     BUDGET     DIFFICULTIES INDICATORS MECHANISMS
                                                    & PARTNERS                     000/LEKË
            Objective 8.2.6   Objective 8.2.6.1

            Ensuring the      Providing             MoI,             2008 and on   40         Failure to        Number of        MoLSAEO,
            institutional     specialised           MoJ,                                      come up with      employees        Civil society,
            building up of    training to actors    School of                                 adequate          trained in       Donors
            specific          in the system of      Magistrates,                              planning of the   each and
            capacities in     justice (judges,      Police School,                            coverage of       every sector,
            response to       public prosecutors,   National                                  needs.            compared to
            domestic          police, and           Chamber of                                Shortage of       the identified
            violence          advocate lawyers),    Advocates                                 sufficient        needs.
            victims‘ needs.   who will be                                                     budgetary
                              handling cases                                                  funds. Lack of
                              involving domestic                                              coordination
                              violence issues.                                                with donors.

                              Objective 8.2.6.1.a

                              Assessing the
                              needs.
                              Objective 8.2.6.1.b

                              Identifying
                              experts. ToT
                              Objective 8.2.6.1.c

                              Preparing modules
                              and agendas.
                              Objective 8.2.6.1.d

                              Carrying out
                              training.




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OBJECIVES   OBJECIVES   UNDERTAKEN            RESPONSIBLE      TION TIME     BUDGET     DIFFICULTIES INDICATORS MECHANISMS
                                              & PARTNERS                     000/LEKË
                        Objective 8.2.6.2

                        Training the          MoJ,             September     40         Failure to        Number of     MoLSAEO,
                        judicial              School of        2008                     correctly plan    trained       Civil society,
                        administration.       Magistrates                               out coverage of   employees,    Donors
                                                                                        needs.            compared to
                                                                                        Shortage of       identified
                                                                                        sufficient        needs.
                                                                                        budgetary
                                                                                        funds. Lack of
                                                                                        coordination
                                                                                        with donors.
                        Objective 8.2.6.3

                        Introducing           MoLSAEO,         December      Part of
                        structures in the     MoI,             2007 and on   training
                        system of justice     MoJ,                           costs
                        to the strategy to    PP,
                        fight domestic        School of
                        violence, to          Magistrates,
                        international acts,   Police School,
                        as well as to legal   National
                        acts and              Chamber of
                        subordinate legal     Advocates
                        acts.




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OBJECIVES   OBJECIVES           UNDERTAKEN            RESPONSIBLE    TION TIME      BUDGET          DIFFICULTIES INDICATORS MECHANISMS
                                                      & PARTNERS                    000/LEKË
            Objective 8.2.7     Objective 8.2.7.1

            Establishing        Setting up a          MoJ,           January 2010   Part of costs   Lack of        Installing       MoI by
            and reinforcing     reliable legal        MoI                           for             coordination   weapon           producing the
            infrastructure in   environment both                                    establishing    among          detecting        number of
            the system of       for victims and                                     structures      structures.    scanners at      incidents in
            justice in          witnesses,                                                                         each and         courts,
            response to         advocate lawyers,                                                                  every            Civil society,
            domestic            public prosecutors,                                                                courthouse.      Surveying
            violence            and particularly,                                                                  Operating an
            victims‘ needs.     for judges and                                                                     alarm/
                                administrative                                                                     warning
                                staff.                                                                             system
                                                                                                                   allows police
                                                                                                                   intervention
                                                                                                                   in cases of
                                                                                                                   incidents.



                                Objective 8.2.7.2

                                Modifying the         MoJ,           January 2008   No costs        Bureaucratic   Services that    MoLSAEO,
                                payment system        MoF                           incurred        delays         have no          Council of
                                for payments for                                                                   financial toll   Ministers,
                                services that the                                                                  on victims.      Civil society
                                system of justice
                                offers to victims.




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STRATEGIC   SPECIFIC          ACTIONS TO BE         INSTITUTIONS   IMPLEMENTA   SOURCES/     ASSUMPTIONS/ MONITORING M & E
OBJECIVES   OBJECIVES         UNDERTAKEN            RESPONSIBLE    TION TIME    BUDGET       DIFFICULTIES INDICATORS MECHANISMS
                                                    & PARTNERS                  000/LEKË
                              Objective 8.2.7.3

                              Providing the         MoI,           2008         500          Failure to          Services       MoLSAEO
                              system of justice     MoJ,                                     achieve             offered by the
                              with a 24-hour        PP,                                      objectives          system of
                              telephone line, and   Courts                                   concerning          justice ensure
                              ensuring services                                              drafting of         citizens
                              by judges, public                                              subordinate         round-the-
                              prosecutors and                                                legal acts in       clock
                              policemen on call                                              time.               telephone
                              round the clock.                                                                   access.


            Objective 8.2.8   Objective 8.2.8.1

            Upgrading the     Preparing unified     MoI,           September    Part of      Failure to          Setting up a   INSTAT,
            system designed   models for            PP,            2008         calculated   achieve             databank for   MoLSAEO,
            for collecting    registering           MoJ,                        costs        objectives          domestic       Council of
            data, and their   domestic violence.    Courts,                                  regarding           violence.      Ministers
            reporting and                           INSTAT                                   drafting of
            scrutiny.                                                                        subordinate
                                                                                             legal acts in
                                                                                             time. Extra
                                                                                             working time
                                                                                             different
                                                                                             institutions are
                                                                                             required to
                                                                                             accommodate
                                                                                             so as to collect
                                                                                             these statistics,
                                                                                             as well.




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OBJECIVES   OBJECIVES   UNDERTAKEN            RESPONSIBLE    ATION TIME    BUDGET     DIFFICULTIES INDICATORS MECHANISMS
                                              & PARTNERS                   000/LEKË
                        Objective 8.2.8.2

                        Enriching the         MoI,           On an on-     50         Shortcomings       Annual          INSTAT,
                        database with data    PP,            going basis              the databank       statistics on   MoLSAEO,
                        on domestic           MoJ,                                    reveals at a       domestic        Council of
                        violence;             Courts                                  first stage.       violence.       Ministers
                        collecting data and                                           Extra work the
                        developing unified                                            institutions are
                        and standard                                                  required to put
                        statistics.                                                   in so as to
                                                                                      update
                                                                                      statistics on
                                                                                      domestic
                                                                                      violence, as
                                                                                      well.

                        Objective 8.2.8.3

                        Rendering the         MoI,           On an on-     No costs   Poor operation     Number of       MoLSAEO,
                        statistics provided   PP,            going basis   incurred   of the overall     statistical     Civil society,
                        by court, police      MoJ,                                    information        publications    Donors
                        and other services    Courts                                  system             on domestic
                        public, and                                                   managed by         violence.
                        scrutinising facts                                            structures of
                        associated with                                               the system of
                        them.                                                         justice.




                                                                                                                         101
Objective 8.2.9    Objective 8.2.9.1

Enhancing          Ensuring               MoJ,      On an on-     10         Lack of         Number of        MoLSAEO,
international      international          MFA,      going basis              coordination    agreements       Council of
cooperation in     cooperation in         MoLSAEO                            with donors.    concluded        Ministers,
the area of        systematic                                                                between          Civil society,
prevention of      research, and                                                             state-run        Donors
domestic           collection,                                                               structures and
violence and       examination and                                                           international
protection of      dissemination of                                                          structures or
domestic           data, including the                                                       those in other
violence           data broken down                                                          countries, and
victims, as well   by sex and age,                                                           programmes.
as in area of      and all the relevant
rehabilitation-    information on the
focussed           nature and
policies towards   consequences of
perpetrators.      violence against
                   women, and the
                   impact and
                   effectiveness of
                   policies and
                   programmes
                   designed to fight
                   this violence.

                   Objective 8.2.9.2

                   Reporting              MFA,      On an on-     No costs   Delays caused   Number of        Council of
                   developments           MoJ,      going basis   incurred   by lack of      reports          Ministers,
                   surrounding            MoLSAEO                            coordination    submitted by     Parliament,
                   domestic violence                                         and poor        Albania to       Civil society,
                   and violence                                              performance     international    International
                   against women to                                          by state-run    bodies.          bodies
                   international                                             structures.
                   human rights



                                                                                                              102
                                   bodies on a regular
                                   basis, and the
                                   measures intended
                                   to prevent and
                                   fight it.
Aim 8.3          Objective 8.3.1   Objective 8.3.1.1

Upgrading        Setting up the    Establishing           MoI,             Beginning   396        Shortage of     Number of
services and     network of        service structures     Local            from 2008              budget.         structures
providing        vocational        at a local level.      government,                             Failure by      established.
support to all   services                                 MoLSAEO                                 local           Number of
domestic         capacities of                                                                    government to   beneficiaries
violence         providers of                                                                     grasp the       of services.
victims.         services to                                                                      importance of
                 individuals                                                                      putting the
                 exposed to                                                                       structures in
                 domestic                                                                         place.
                 violence.
                                   Objective 8.3.1.2

                                   Creating a group       MoLSAEO,         2008        No costs                   List of
                                   to identify services   State Social                 incurred                   modules, the
                                   and the necessary      Service,                                                training
                                   training.              Non-profit                                              topics.
                                                          organisations
                                   Objective 8.3.1.3                                   9

                                   Developing             Non-profit       2008-2009                              Training
                                   training               organisations,                                          programmes
                                   programmes             Faculty of                                              designed for
                                   intended for           Social                                                  all actors
                                   employees              Sciences,                                               involved in
                                   offering support       State Social                                            providing
                                   services.              Service                                                 services.




                                                                                                                                  103
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OBJECIVES   OBJECIVES   UNDERTAKEN            RESPONSIBLE        TION TIME    BUDGET     DIFFICULTIES INDICATORS MECHANISMS
                                              & PARTNERS                      000/LEKË
                        Objective 8.3.1.4

                        Sustaining the        Ministry of        2008-2010    100        Shortage of   Efficient
                        existing              Local                                      funds         programmes
                        programmes with       Government
                        funds and means.      (Is there such a
                                              ministry? MoI)
                                              MoLSAEO,
                                              Donors,
                                              MFA,
                                              Non-profit
                                              organisations


                        Objective 8.3.1.5

                        \Creating a 3-year-   Non-profit         2008         6
                        long national         organisations,
                        programme             State Social
                        designed for          Service,
                        children against      Donors
                        whom domestic
                        violence is
                        perpetrated.
                        Offering support
                        services to
                        children
                        experiencing
                        violence.




                                                                                                                    104
STRATEGIC   SPECIFIC    ACTIONS TO BE         INSTITUTIONS     IMPLEMENTA     SOURCES/   ASSUMPTIONS/ MONITORING M & E
OBJECIVES   OBJECIVES   UNDERTAKEN            RESPONSIBLE      TION TIME      BUDGET     DIFFICULTIES INDICATORS MECHANISMS
                                              & PARTNERS                      000/LEKË
                        Objective 8.3.1.6     MoH,             2009 and on   No costs    Procrastination   Publication     Making all the
                        Establishing a        Non-profit                     incurred    / interruption    and attaching   documentatio
                        working group to      organisations,                             of the process    the protocol    n associated
                        develop a             MoLSAEO,                                   at one of the     on handling,    with the
                        necessary protocol    MoJ                                        links of this     recording and   process of
                        concerning                                                       mechanism.        referring of    developing
                        recording of cases                                                                 cases           the protocol,
                        in the medical                                                                     involving       discussion,
                        registers,                                                                         violence, to    suggestions
                        reporting,                                                                         the upgraded    and comments
                        treatment and                                                                      medical         down to its
                        referring of                                                                       legislation.    adoption,
                        domestic violence                                                                                  available.
                        victims. The draft
                        of this protocol is
                        taken up for
                        discussion with the
                        responsible group
                        set up with a view
                        to upgrading
                        medical legislation
                        in favour of
                        violence victims,
                        and then, is added
                        to the other
                        changes that this
                        working group will
                        submit for
                        approval.




                                                                                                                           105
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OBJECIVES   OBJECIVES         UNDERTAKEN             RESPONSIBLE      TION TIME    BUDGET       DIFFICULTIES INDICATORS MECHANISMS
                                                     & PARTNERS                    000/LEKË
                              Objective 8.3.1.7

                              Reviewing and          MoJ,             2008-2010    2,500                    Besides the
                              upgrading the code     MoH,                                                   physicians‘
                              of medical             Non-profit                                             duties
                              deontology             organisations,                                         prescribed in
                              concerning clearer     Order of                                               the Code of
                              and more sensitive     Doctor,                                                Deontology,
                              descriptions of        Medical                                                new duties
                              physicians‘ overall    professional                                           and
                              tasks and              organizations                                          responsibiliti
                              physicians‘ duties                                                            es are added,
                              patients when the                                                             identified and
                              latter are domestic                                                           adopted in
                              violence victims.                                                             handling
                                                                                                            violence
                                                                                                            victims.

            Objective 8.3.2   Objective 8.3.2.1

            Providing quick   Installing toll free   Local            2010         Calculated               Toll free
            and efficient     telephone lines at a   government,                   in other                 telephone
            services to in    local level for        Non-profit                    costs                    lines to the
            support and       reporting domestic     organisations,                                         aid of
            defence of        violence.              MoJ                                                    violence
            violence                                                                                        victims.
            victims in the
            community.




                                                                                                                             106
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OBJECIVES   OBJECIVES   UNDERTAKEN           RESPONSIBLE     TION TIME    BUDGET       DIFFICULTIES INDICATORS MECHANISMS
                                             & PARTNERS                   000/LEKË
                        Objective 8.3.2.2

                        Transferring         MoF,            2007-2010    Calculated               Community-
                        services and funds   MoLSAEO                      in other                 based
                        at a local level.                                 costs                    services to
                                                                                                   domestic
                                                                                                   violence
                                                                                                   victims.


                        Objective 8.3.2.3

                        Providing financial MoF              2010         No costs                 Number of
                        facilities to the                                 incurred                 shelters
                        local government                                                           established in
                        to borrow loans for                                                        communities.
                        establishing
                        shelters.


                        Objective 8.3.2.5

                        Developing           Faculty of      Beginning    40                       Local staff
                        training             Social          from 2008                             trained.
                        programmes           Sciences,                                             Number of
                        concerning needs     State Social                                          beneficiaries.
                        for supporting       Service,                                              Improved
                        violated women by    Non-profit                                            quality of
                        staff at a local     organisations                                         services.
                        level.




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OBJECIVES   OBJECIVES   UNDERTAKEN               RESPONSIBLE      ATION TIME    BUDGET     DIFFICULTIES INDICATORS MECHANISMS
                                                 & PARTNERS                     000/LEKË
                        Objective 8.3.2.6

                        Incorporating            MoH,             2008-2010     32,000     Publication of
                        violence victims‘        Non-profit                                the revised
                        identifying, referring   organisations,                            document on
                        and treatment            Doctor‘s Order                            the evaluation
                        capacities as part of                                              standard for
                        the evaluation                                                     physicians and
                        standards for                                                      institutions for
                        physicians and health                                              their
                        institutions                                                       accreditation.
                        concerning their
                        individual and
                        institutional
                        accreditation.
                        Objective 8.3.2.7

                        Building up the          MoH,             2009 – 2010   No costs   Identification     Qualitative
                        role of social           MoF,                           incurred   of a group of      and
                        workers and/or           Non-profit                                20 social          quantitative
                        psychologist, and        organisations                             workers and 20     evaluation of
                        placing them at                                                    psychologists,     patients
                        those parts of the                                                 and their          benefiting



                                                                                                                              108
                        primary health                                                 training on        from the
                        care where                                                     issues of          service
                        performance of                                                 identification,    provided by
                        multi-disciplinary                                             treatment          social
                        teams is not                                                   jointly with the   workers /
                        possible.                                                      medical staff,     psychologists
                                                                                       and referral in    under
                                                                                       terms of           primary
                                                                                       serious cases.     health care.
STRATEGIC   SPECIFIC    ACTIONS TO BE         INSTITUTIONS     IMPLEMENT    SOURCES/   ASSUMPTIONS/       MONITORING M & E
OBJECIVES   OBJECIVES   UNDERTAKEN            RESPONSIBLE      ATION TIME   BUDGET     DIFFICULTIES       INDICATORS        MECHANISMS
                                              & PARTNERS                    000/LEKË
                        Objective 8.3.2.8

                        Improving health      MoH,             2008 -2010   No costs                      Appointment       Qualitative
                        service in private    Non-profit                    incurred                      by MoH of a       evaluation
                        sector.               organisations,                                              person            among the
                        Incorporating         Doctor‘s Order                                              responsible for   category of
                        highly effective                                                                  monitoring        patients/victi
                        measures to check                                                                 services and      ms receiving
                        on and monitor                                                                    upholding         services
                        quality of medical                                                                medical           offered by the
                        services that the                                                                 professional      private sector.
                        private sector                                                                    standards
                        extends to violence                                                               regarding
                        victims.                                                                          protection of
                                                                                                          violence
                                                                                                          victims.




                                                                                                                            109
            Objective 8.3.3    Objective 8.3.3.1

            Improving          Regulating            MoH,             2008 – 2010   No costs   Shortage of        Increased        MoH receives
            emergency          distribution of the   Non-profit                     incurred   financial          number of the    and considers
            service in urban   emergency service     organisations                             resources to       emergency        reports reflecting
            and rural areas    medical staff in                                                ensure             service          qualitative and
            so as to respond   rural areas in                                                  upgrading of       medical staff    quantitative
            immediately        Northern Albania.                                               the emergency      in rural areas   increase in the
            and                                                                                services, and      in Northern      required
            qualitatively to                                                                   particularly       Albania.         emergency
            the domestic                                                                       motivate                            service medical
            violence                                                                           medical staff to                    staff in Northern
            victims‘ health                                                                    work in rural                       Albania and rural
            needs.                                                                             areas.                              areas.

STRATEGIC   SPECIFIC           ACTIONS TO BE         INSTITUTIONS     IMPLEMENT     SOURCES/   ASSUMPTIONS/ MONITORING M & E
OBJECIVES   OBJECIVES          UNDERTAKEN            RESPONSIBLE      ATION TIME    BUDGET     DIFFICULTIES INDICATORS MECHANISMS
                                                     & PARTNERS                     000/LEKË
                               Objective 8.3.3.2

                                                     MoH,             2007 – 2010   No costs   Postponement       2.               Rendering the
                               Developing an         MoLSAEO,                       incurred   of the             Adoption by      awareness-
                               intervention plan     MoJ,                                      implementatio      MoH of the       raising plan
                               designed to raise     MoI,                                      n of the           intervention     designed for
                               awareness among       Non-profit                                Strategy by the    plan designed    the
                               and instruct the      organisations,                            Government.        to raise         emergency
                               existing              MoF                                                          awareness        service
                               emergency service                                                                  among and        medical staff
                               medical staff how                                                                  instruct         public and its
                               to recognise,                                                                      emergency        discussion in
                               identify and                                                                       service          public.
                               manage violated                                                                    medical staff.
                               individuals.




                                                                                                                                   110
            Objective 8.3.4    Objective 8.3.4.1

            Introducing        Ensuring             Local           2008-2009    No costs               Specialised      Regional
            psycho-social      establishment of a   government,                  incurred               psycho-social    Education
            service into all   service team at      Regional                                            service.         Directorates,
            schools.           school.              Education                                                            SHK,
                                                    Directorates,                                                        SHQS
                                                    Education
                                                    Offices

                               Objective 8.3.4.2    Regional        2008-2009    No costs               Appointment of   Regional
                               Ensuring             Education                    incurred               a psychologist   Education
                               establishment of     Directorates,                                       and social       Directorates,
                               the database         SK,                                                 worker as a      SHK,
                               system.              School                                              service system   Local
                                                                                                        at schools.      government
STRATEGIC   SPECIFIC           ACTIONS TO BE        INSTITUTIONS    IMPLEMENT    SOURCES/   ASSUMPTIONS/ MONITORING M & E
OBJECIVES   OBJECIVES          UNDERTAKEN           RESPONSIBLE     ATION TIME   BUDGET     DIFFICULTIES INDICATORS MECHANISMS
                                                    & PARTNERS                   000/LEKË
                               Objective 8.3.4.3

                               Ensuring that work   Regional        2008-2009    8,000                  Development      SHK,
                               is focused on        Education                                           of basic         Regional
                               individual and       Directorates,                                       documentatio     Education
                               group                SHK                                                 n for            Directorates,
                               programmes.                                                              reporting        Local
                                                                                                        domestic         government
                                                                                                        violence.




                                                                                                                         111
                              Objective 8.3.4.5

                              Ensuring               Regional        2007-2009    No costs                  Installing       Local
                              coordination           Education                    incurred                  TIK system       government,
                              between                Directorates,                                          at school.       Regional
                              psychological          Education                                                               Education
                              service and            Offices                                                                 Directorates
                              educative and
                              teaching activities
                              at school.
                              Objective 8.3.4.6

                              Ensuring             SHK               2009-2010    No costs                  Amendment        MoES,
                              cooperation                                         incurred                  of legislation   MoI,
                              between the                                                                   for the          Parliament
                              schools and the                                                               division of
                              community with a                                                              powers and
                              focus on the                                                                  combination
                              psychological                                                                 of activities.
                              integration of child
                              victims of
                              domestic violence.

STRATEGIC   SPECIFIC          ACTIONS TO BE          INSTITUTIONS    IMPLEMENT    SOURCES/      ASSUMPTIONS/ MONITORING M & E
OBJECIVES   OBJECIVES         UNDERTAKEN             RESPONSIBLE     ATION TIME   BUDGET        DIFFICULTIES INDICATORS MECHANISMS
                                                     & PARTNERS                   000/LEKË
            Objective 8.3.5   Objective 8.3.5.1
            Creating          Creating relaxing      RA,             2008-2010    Included in
            favourable        environments in        SHK                          other costs
            physical          the communities        Regional
            environments.     for child victims of   Education
                              violence, including    Directorates,
                              day residences and     Local
                              playgrounds.           government,
                                                     MoES,



                                                                                                                             112
                                                   MoI




            Objective 8.3.6    Objective 8.3.6.1
            Providing          Conducting studies MoH,             2009 - 2012   2,500      Difficulty in      Publication      Discussion of
            health and         to collect data on Non-profit                                getting            of findings of   outcomes and
            social services    individuals        organisations                             individuals        study/ies.       limitations of
            to perpetrators.   exercising                                                   exercising                          study/ies.
                               violence, so as to                                           violence to
                               identify the main                                            report violence,
                               factors impacting                                            and overall,
                               on their violent                                             collecting
                               behaviour in the                                             accurate and
                               family.                                                      reliable data.

                               Objective 8.3.6.2   MoJ             2008-2010     600                           Number of
                               Developing in       Prison                                                      victims
                               prisons             Directorate,                                                rehabilitated.
                               rehabilitation      Non-profit                                                  Number of
                               programmes          organisations                                               beneficiaries.
                               designed for
                               perpetrators.


STRATEGIC   SPECIFIC           ACTIONS TO BE       INSTITUTIONS    IMPLEMENT     SOURCES/   ASSUMPTIONS/ MONITORING M & E
OBJECIVES   OBJECIVES          UNDERTAKEN          RESPONSIBLE     ATION TIME    BUDGET     DIFFICULTIES INDICATORS MECHANISMS
                                                   & PARTNERS                    000/LEKË




                                                                                                                                113
                                  Objective 8.3.6.3

                                  Upgrading           MoH,           2008 – 2010   No costs   Difficulty     Careful           Quality
                                  preventive and      Non-profit                   incurred   getting        selection of      evaluation of
                                  treatment services organisations                            individuals    medical staff     the number of
                                  at primary health                                           exercising     that may          individuals
                                  care and hospital                                           violence to    work with         involved in
                                  care centres, which                                         report/admit   and assist this   violence, who
                                  are offered to                                              violence.      category          have
                                  individuals                                                                (someone          benefited
                                  perpetrating                                                               that may          from these
                                  violence.                                                                  coordinate        services.
                                                                                                             assistance
                                                                                                             with the rest
                                                                                                             of the
                                                                                                             medical
                                                                                                             staff).

Aim (?)         Objective 8.3.7   Objective 8.3.7.1

Enhancing       Establishing      Setting up a        MoH,            2008-2010    50         Shortage of    1.1a Structure    State Social
cooperation     systems for       resource centre.    MoLSAEO,                                funds.         established.      Service,
among           distributing                          MoJ, Ministry                                          1.1b              MoLSAEO,
institutions/   information                           of Public Order                                        Staff trained.    MoH, MoES,
mechanisms/     among different                                                                              Job               MoJ,
actors          bodies.                                                                                      descriptions.     Non-profit
addressing                                                                                                   1.1c              organisations,
domestic                                                                                                     Database set      Local
violence.                                                                                                    up.               government
                                                                                                             1.1d
                                                                                                             Number of
                                                                                                             persons
                                                                                                             employed.
                                                                                                             1.1e Training
                                                                                                             sessions
                                                                                                             carried out.



                                                                                                                               114
                                                                                  1.1f
                                                                                  Examination
                                                                                  of the
                                                                                  situation
                                                                                  surrounding
                                                                                  violence
                                                                                  against
                                                                                  trafficked
                                                                                  women.
Objective 8.3.7.2

Establishing          Local            2008-2010     10                           A database
registers for         government,                                                 available at a
recording and         MoLSAEO                                                     local level,
documenting           State Social                                                on domestic
violence, and         Service                                                     violence
ensuring                                                                          victims.
cooperation with
the local
government for
introducing
routine.

Objective 8.3.7.3

Crafting a            MoH,             2008 - 2010   No costs   The 5-year-       Implementati
cooperative           MoLSAEO,                       incurred   long period       on of the
instrument            MoJ,                                      may not be        National
(working group) at    MoI,                                      enough to         Strategy
a central level to    Non-profit                                finally achieve   against
look into health,     organisations,                            upgrading of      Domestic
social well-being     MoF                                       the existing      Violence by
and gender                                                      medical           2012.
equality issues,                                                services.
which will
facilitate a cross-



                                                                                                   115
sector national
instrument
responsible for
implementing the
Strategy against
Domestic
Violence, and
planning out
constant fight
against domestic
violence.

Objective 8.3.7.4

Evaluating           MoH,            2008-2012   1,000   Non-profit       Publication
progress of          MoLSAEO,                            organisations    and
changes to be        Non-profit                          outside of the   distribution
carried out in the   organisations                       health area      of
health and social                                        may be taken     evaluations
service system.                                          unprepared in    of expected
                                                         the course of    changes.
                                                         this process.




                                                                                         116
ANNEX 1

Legislation description

The definition of gender discrimination is not given in the Constitution. Although the
Constitution foresees that in the hierarchy of the most important laws right behind it stand
the international agreements ratified by our Parliament, which have priority over the local
legislation if it falls in a disagreement. These agreements or international instruments are
ranked after the Constitution, according to the importance, and have priority over the
laws of the country falls in a disagreement with them (Article 122 (2) of the
Constitution). Albania is a member of UNO since 1955 and has ratified a considerable
number of Conventions for human rights, and in our context the most important one is the
Convention on the Elimination of All Forms of Discrimination against Women
(CEDAW) 1978, ratified by the Assembly of Albania. This Convention is known as well
as the Women‘s Constitution for its importance. The Albanian State, according to its
obligations, has reported to the Committee of the Convention in January 2003, and now is
in the phase of fulfilling the recommendations made by the Committee of the
Convention, and it is also preparing the second official report. Albania adheres to the
Optional Protocol of this Convention, with the Law no. 9052, dated 17 April 2003. This
protocol is very important for women or individuals whose rights nominated in the
CEDAW Convention are violated. The Protocol allows them to direct to an international
institution when these rights are either denied or violated by their state. Since CEDAW is
self-executable, regarding gender discrimination, the definition of discrimination against
women is provided for under Article 1 of the Convention and ―shall mean any distinction,
exclusion or restriction made on the basis of sex which has the effect or purpose of
impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of
their marital status, on a basis of equality of men and women, of human rights and
fundamental freedoms in the political, economic, social, cultural, civil or any other field.‖

SAA
The Stabilisation and Association Agreement (SAA), Articles 77 and 99, define the
obligations of Albania regarding offering equal employment opportunities, in the area of
work conditions, with attention to health and security at work. Under social collaboration
Albanian legislation aims to make adaptations with acquis communautaire regarding
equal opportunities for women.

In 1995, the Beijing Declaration and the Platform of Action, supported by 180 countries,
supports the solemn actions of the governments, and represents a detailed work of what is
needed for an effective implementation of CEDAW on the creation of the national
mechanism. The Millennium Declaration, signed in September 2000 in the UNO High
Level Meeting, asks the member countries ―to support gender equality and the
empowerment of women, as valuable ways to fight poverty, hunger and diseases, and to
foster development. This way it will be really sustainable‖. Beijing+10, a decade after
Beijing Declaration, reviewed and evaluated the 10-years period of Platform of Action‘s
implementation. In this meeting, the attention was placed in the 7 priorities proposed by
the recommendations of Committee on the Status of Women, part of which is ‗the



                                                                                         117
elimination of gender inequalities in employment and the elimination of differences in
income‖. The ILO (International Labour Organisation) Mandate on gender equality is to
promote equality amongst women and men in the working world. The mandate is based
in the International Labour Conventions that pay special attention to gender equality,
especially on the four main conventions on equality (Conventions 100, 111, 156, and
183).

1.2.1. Legal Framework regarding the political rights (and decision-making)

Civic and political rights: Both men and women enjoy de jure equal civic and political
rights. Legally, women have the right to choose with free will their accommodation, to
have a name and last name, the right of citizenship and the change of it.

Political rights: The Albanian legislation recognizes equal rights to both women and men,
who after the age of 18 years old have the right to elect and being elected (Constitution,
Article 45). The right of vote is guaranteed. Historically, women have gained the right to
vote and being voted for the first time in 1928 with the Declaration on ―The Rights of
Citizens‖. In this declaration are guaranteed equal rights for women and men, which were
put into practice in the first after-war elections in 1945. In the Electoral Code, Law no.
8087, dated 19 June 2003, according to the Constitution, it is sanctioned once again the
principle of non-discrimination for electing and being elected, and is also guaranteed the
right to vote for the electors. The women movement has worked to put in the electoral
law of year 2000 and later a quota of 30 per cent of representation for the most
discriminated gender. But, this is not achieved yet. The majority system, foreseen by our
legislation, doesn‘t allow the inclusion of quota. In the mean time, the largest political
parties have sanctioned in their statutes the quota of women participation in the parties‘ in
their structures in charge.

1.2.2. Legal Framework regarding economical rights and employment

The Chapter IV of the Constitution of the Republic of Albania on ―The economical,
social and cultural rights and freedoms‖ defines that all the citizens are equal in front of
the law and that none can be discriminated due race, gender, religious, philosophical and
political beliefs, language, economical, education and social status. The fundamental law
of the Albanian state in its Article 49 (1) foresees the right of employment. ―Every
individual has the right to earn his living through a legal work that he/she has chosen or
accepted him/herself. He/she is free to choose the profession, the work place, and his/her
professional qualification system‖. Equal rights for men and women are also foreseen in
the ―Law for Gender Equality‖, which consist in placing both sexes in equal positions in the
employment field, and special dispositions for sexual harassment in the work place.
(Articles 4, 5, 6, 7 and 8).

The rights in the employment field. The Constitution of the Republic of Albania,
Chapter IV, Article 49, point 1, defines that everyone is free to choose the profession,
work place, and his/her professional qualification system. The Code of Labour, Article 9,
prohibits every kind of discrimination in choosing a profession and in the hiring process.



                                                                                         118
The Code of Labour prohibits the discrimination based on sex that endangers the right of
the individual to be equal in employment and training, in the hiring procedures and in
work conditions, in performing the tasks, in remuneration, social assistance, in ending a
contract, and also in participating in the trade unions.

Equal remuneration. Regarding equal remuneration between men and women, the
Article 115 of the Code of Labour, paragraph 3, foresees that the employer must give to
men and women equal payment for the same work value. This formulation is in line with all
the international instruments (ILO-Convention 100 on Equal Remuneration, 1951), in which
Albania is present. Again, according to the Code of Labour, in case this principle is violated,
the employer is obliged to pay to the discriminated employee a compensation that includes
all the advantages that has the employee of the opposite sex. (Article 115, paragraph 4 of the
Code of Labour). The Albanian legislation is not discriminatory with the equal
remuneration. It treats equally men and women. The de facto evident problem is the low
participation of women in leading positions. Although they are generally educated and
qualified, the leading positions in the public sector, but in the private one as well, are held by
men who consequently will get a higher remuneration. De facto women work in sectors
where the remuneration is lower. They work in such positions as nurses; in the pre-school
system and teachers in the 9-years and high school education; in the private sectors as
tailors, etc., jobs that are less paid. The point ‗ç‘ of Article 4 of Law no. 9198, dated
01.07.2004, ―On gender equality in society,‖ defines that one of the obligations of the
employer for applying equal rights is to pay equally for works with equal value. Article 5,
point ‗a‘, states as discriminatory act of the employer due to the sex when ―using different
standards towards the recruits linked with the time and/or wages for the work of equal
value‖. The breach of this law in relation to the case brings disciplinary action,
administration or criminal for the guilty person, and also if the breach is made by an
employee of the government administration, the guilty person could pay a fine of up to
30,000 lekë.


Working conditions. The Code of Labour in Chapter VIII from Articles 39-45 foresees
the security and the protection of the state. In the Code of Labour are foreseen special
rules for the protection of the working woman. Clause 54 (3) foresees that pregnant
women that work constantly standing up, every 3 hours must rest at least 20 minutes.
Article 55 paragraph 5, foresees that the maximum weight lifted by women must be up to
20 kg, whereas for men is 55 kg. As mentioned in the article 72, the employer in places
where women work is required, including the other hygienic conditions, to ensure
separate rooms for them. The breaking of the above conditions could be fined up to 20-50
times the minimum wage set by the law.

Protection in cases of job loss. The Code of Labour in the Article 146 paragraph 2
describes the cases of the breach of contract from the employer without valid reasons.
The court decides in cases of firing a person without valid reasons and the employer is
required to give compensation up to 1 year‘s wages or return to the job. The protection is
ensured from both the Albanian legislation and from the conventions ratified by our
parliament. Albania has ratified by Law no. 7767, dated 1993, Convention for the



                                                                                             119
Elimination of All the Forms of Discrimination against Women," also the Additional
Protocol of this Convention in 2003 by the Law no. 9052, dated 17 April 2003.
According to this Protocol, every person or group that feels discriminated towards the
rights foreseen in the Convention has to right to complain at the Convention Committee,
through a specific procedure. Complaints in cases of sex discrimination, in relation of the
above laws, its also foreseen in Law no. 9198, dated 1 July 2004, "On gender equality in
society."

Sexual harassment at the workplace. In relation to the sexual harassment in the work
place there aren‘t official statistical data if these cases have gone or are solved in court. Even
from association of women that are involved in legal help for women doesn‘t appear to have
such a case. However, this doesn‘t mean that these cases don‘t exist. In the Media, it is
written many times about the phenomenon and the way it treated by the public and the
legislation. In relation with the sexual harassment in the work place, the Albanian
Legislation expresses in the Code of Labour and the Law no. 9198, dated 1 July 2004, ―On
gender equality in society.‖

The right of employed women to protect their pregnancy. Paid leave for women
before and after childbirth:
1. Article 54 of the Albanian Constitution speaks of appropriate measures from the state
of more vulnerable categories and specifically children, the young, pregnant women and
young mothers. In connection with protection by the Constitution, the Government
releases legal articles for the protection of pregnant women in relation to employment.
2. According to Law no. 9198, dated 1 July 2004, "On gender equality in society," doesn't
include the discrimination or the removal of the rights on equality for men and women
"appropriate protection for women, during pregnancy, birth and illness".
3. Women have right to maternity leave if she was involved in the insurance schemes for
the last 12 months and was employed with and employment contract from the start of the
pregnancy to the start of the maternity leave. The period of maternity leave is 365 days
including minimum 35 days before childbirth and days after childbirth (Article 104 of the
Code of Labour).
4. Law No.7703, dated 11 May 1993, "On social security in the Republic of Albania,"
guarantees further the rights of insured women for ... in case of pregnancy.

The employer is required to save the jobs of women during their period of maternity
leave, in opposite case this is considered a discrimination due to pregnancy or
motherhood (CEDAW). In addition the employer can't fire or stop the employment of a
recruit who declares she is pregnant.

Appropriate protection. The Council of Ministers with the 397 VKM, dated 3 May 2002,
has passed the decision ―For the special protection of the pregnant women and
motherhood". According to Article 108 of the Code of Labour, night shifts are not
allowed for pregnant women. The Criminal Code of the Republic of Albania considers it
as a criminal act against pregnant women with worse conditions, (Article 50 (e), whereas
Article 79 (b) foresees life imprisonment for the death of a pregnant woman.




                                                                                             120
The Law no. 8549, dated 11 November 1999, "On the status of the Civil Servant,"
foresees in Chapter IV, Article 15, the promotion of civil servants without distinction of
sex. This law even details the procedures for promotion through competition.

1.2.3 The legal framework regarding education and professional development

The legislation about education is built on the foundations of gender equality being one
of the important parameters specified in the Constitution of the Republic of Albania and
in the beliefs and the international agreements and pacts ratified by our country. This
includes: Law no. 7952, dated 21 June 1995, "On the education system prior to higher
education" changed in Law no. 8872, dated 29 March 2002, "On the education and the
professional development of the Republic of Albania," also in Law no. 8461, dated 25
February 1999, "On the higher education in the Republic of Albania", changed.

Law no. 7952, dated 21 June 1995, "On the education system prior to higher
education," its change foresees in the article 3 the sanctioning of gender equality by
expressing equal rights for the citizens of the Republic of Albania to education at all
levels of education, without exception to social conditions, nationality, language, sex,
religion, political beliefs, health conditions or economic level. The gender equality is kept
an eye on in this law and the creation of programs for academic development, which are
done in junction with the achievements and the international academic developments,
also the national differences, regional, socio- economic and the demographics of Albania.

Law no. 8872, dated 29 March 2002, "On the education and the professional
development of the Republic of Albania," in the Article 1, paragraph 3 guarantees the
right to education and professional development throughout life, the possibility of the
completion of the initial professional education, also the gain of the necessary
professional knowledge for employment while creating equal opportunities for everyone.
The acceptance in education and professional development, council and direction in
education and professional development have an equal treatment of all subject affected
by this Law exclusive of sex.

Law no. 8461, dated 25 February 1999, "On the higher education in the Republic of
Albania," now is completely changed, by giving a greater development to Higher
Education in Albania and including it in the European zone of this education. This law in
conclusion reflects the idea of gender equality. All subjects that are part of this law, or are
affected by it, are treated the same and without gender distinction. In the mean time, this
law insures learning through out life, possibilities and equal chances for everyone,
possibilities for free movements, by giving so the chance to the studies carried out in the
entire European zone.

Law no. 8872, dated 29 March 2002, "On the education and the professional
development of the Republic of Albania," in the clause 3 of Article 1, except the other
aims it is expressed that this law guarantees the right expressed in the Constitution of the
Republic of Albania for education and professional development through out life, the



                                                                                           121
possibility of the completion of the initial professional education, also the gain of the
necessary professional knowledge for employment while creating equal opportunities for
everyone. From this law benefit including students and individuals who reached the age
of 18 years as from clause c) "specific groups that desire professional redevelopment,
also individuals with limited capabilities, mothers with many children, individuals under
18, the long term unemployed, individuals from families under the poverty line and every
other category that will be specified as such by the decision of the Council of Ministers".

Directive no. 394, dated 23 February 2004, by the Ministry of Labor and Social
Affairs, "For the costs of the professional development system," specifies the
registration cost for the categories: Roma community, girls and women that have been
trafficked etc, are free for the courses offered at the Public Centers for Professional
Development.

1.2.4 The legal framework regarding Social Services15

In 2002, Law no. 8889, dated 25 April 2002, was approved "For some extensions and
changes to the 7703 Law, dated, 11 May 1995‖ For social insurance in the RSH". This
law brought firstly, reduction in the norm for the contribution must be paid to the
employee and employer from 42.5 per cent to 38.5 per cent starting from the 1st of July
2002, and secondly, changes to the age of retirement with a gradual increase for women
from 55 to 60 and for men 60 to 65 years. Therefore a positive discrimination is still help
for women in connection with benefits towards retirement by adding here also the reason
of the greater life expectancy than men and enjoys for a longer period her old age
pension.

In Law no. 7703, dated 11 May 1993, "On social insurance in the Republic of
Albania," In the Article 91 section 4 the period of the completion for the higher
education studies with sabbatical for women starting from 1 September 2000 and the
future, without exception from the place and the years when the studies were carried out,
is acknowledged as an insurance period for reasons of retirement. In this case the
expenses are supported from the state budget at the time when the application for pension
is submitted."
In Law no. 8087, dated 13 March 1996, "On supplementary social security of the
military forces personnel of the Republic of Albania, and the personnel of the Ministry of
Interior and the National Information Agency", in Article 11, for temporary retirement
due to time spent in the service for the soldiers of permanent active service, which have
joined the reserves or released after 3 July 1991, until the completion of the requirements
for old age pension, benefit temporary pensions for the time spent in the service, when
they complete the time of military service, 12 years for women and 15 for men also if
they have reached the old age: 42 years for women and 47 years for men.16
With voluntary insurance that is realized according to the Regulation no. 35/1, 2005, the

15
     For more detailed information please refer to Annex 2, attached to this strategy
16
     Legislation of Social Securities – ISS, pg. 52


                                                                                        122
social insurance system responded to the needs of the citizens that wanted to enter the
social insurance schemes without being economically active where like we treated it
above women that are not economically active have a bigger weight. This scheme also
created the possibility for a person to be insured with maximum benefits, where even in
this case, women being less paid in the work market, have the chance to increase their
social benefits for maximum pensions. Voluntary insurance can be taken by a third
person without her being necessarily present.

1.2.5 The legal framework regarding health care and services
Article 55 of the Constitution of the Republic of Albania guarantee rights for health care
provided by the state. Even so the Albanian legislation has not specifically formulated
the non discrimination in health care. The law over the health care dates from the year
1963 and does not reflect today‘s legal climate.
Law no. 8876, dated 4 April 2002, “On reproductive health,” uses the term
discrimination and says the provision of health care without gender discrimination, or any
other demographic category. Article 8 guarantees the decision making of every individual
in relation to the reproductive rights in accordance to their interests, without being
discriminated, made to or suffer violence. This law also offers special support for the
services of health care for mothers and children (Article 13/2) the regular medical check
up visits before and after birth, especially check-ups during pre and induced post partum
(Article 24/1) the aim of this law is the knowledge of the reproductive rights and the
reproductive of every individual. This law which is supported in the Constitution,
CEDAW, the Convention on the Rights of the Child enforces the reproductive health it‘s
an important part of general health. It is not just a reflection of the health during
adolescence and adult life, also specifies the basis of health during the reproductive years
for women and men, and also has important effects over the future generations. The law
also respects the idea of non discrimination sanctioned in the Constitution and important
international documents. Article 37 of the law which states that the use of the assisted
technological methods for reproduction prevents the selection of the sex of the child in
exception to cases where it is possible to inherit illness due to the sexes.
The Law no. 8528, dated 23 September 1999, "On promoting and protecting
breastfeeding," drawn up to discourage the substitution of breast milk with formulated
milk, to regulate the sale of artificial food for babies, and also promote public
consideration over the advantages of breastfeeding.

The Criminal Code of the Republic of Albania, Law no. 7895, dated 27 January
1995, Articles 93, 94 and 95, describes the sanctions of up to five years imprisonment
for the termination of the pregnancy without the woman's consent, the abortion in an
unauthorised location by unauthorised individuals, also to those who provide items to the
pregnant women to terminate the pregnancy after 12 weeks.

The National Strategy for the Prevention and the Control of the Distribution of
HIV/AIDS in Albania in the years 2004-2010 specifies the danger of being affected by
HIV/AIDS of women and girls in Albania and aims prevention measures and treatment
measures.


                                                                                        123
ANNEX 2

REFERENCES REGARDING LEGAL FRAMEWORK FOR SOCIAL PROTECTION17


The new Law ―On social assistance and services‖ with DCM (Decision of Council of
Ministers), no. 9355, dated 10.03.2005, which replaced the previous Law no. 7710, dated
18.05.1993, ―On social assistance and care,‖ as a result of the changes occurred in the
country and needs for new social services. The new law is completed with several sub-
legal acts as:
     DCM no. 564, dated 12.08.2005 ―For licensing service providers of social care‖,
        which is completed with two directives (guidelines) of the Ministry of Labour,
        Social Affairs and Equal Opportunities;
     Directive no. 90, dated 16.01.2006 ―For the establishment of commission that
        licenses the service providers of social care‖;
     Directive no. 90/1, dated 16.01.2006, ―For the organizing procedure of the social
        care service providers‘ licensing commission‖.

DCM no. 787, dated 14.12.2005, ―For the definition of criteria, procedures and size
(scale) of Economical Aid‖, and Directive no. 338/3, dated 10.03.2006, ―On the
implementation of DCM no. 787, dated 14.12.2005, ―On determining the criteria,
procedures and size (scale) of financial assistance.‖

DCM no. 786, dated 26.11.2003, ―For commissioning and payments of people with
disabilities‖, and the Directive no. 298, dated 11.02.2004, ―For commissioning and
payments of people with disabilities.‖

DCM no. 563, dated 12.08.2005, ―For the determination of region‘s responsibilities in
delivering civil services.‖

DCM no. 209, dated 12.04.2006, ―For the definition of criteria and necessary
documentation for hiring people in the residential, public and private institutions of social
care.‖
.
DCM no. 419, dated 19.06.2003, ―For the treatment of orphans with medical service and
medicines‖.

DCM no. 512, dated 31.05.2006, ―For closing procedures of financial assistance and
payments of disability and social care audit‖


17
   For more information you can refer also to the Strategy of Limited Ability (Disability), National
Children Strategy and Roma Strategy.



                                                                                               124
DCM no. 618, dated 07.09.2006, ―For the determination of criteria, documentation and
scale of benefit for people with disabilities.‖

DCM no. 619, dated 07.09.2006, for some changes of DCM no. 31, dated 20.01.2001,
―For the benefits of invalid, paraplegic and quadriplegic status,‖ as amended.

Law no. 8788, dated 07.05.2001, ―On non-profit organizations.‖

Directive no. 687, dated 24.03.2006, ―For the administration of humanitarian aids that
profit the residential and daily social care institutions.‖
Strategy of Social Services approved with DCM no. 265, dated 28.04.2005. In this
strategy, considerable attention has been given to social services offered to groups in
risk as children, trafficked and raped women, and Roma women.




                                                                                   125
ANNEX 3

REFERENCES TO THE LEGISLATIVE FRAMEWORK ADDRESSING DOMESTIC VIOLENCE


International instruments supporting schools’ performance

I - Domestic legislation
     Constitution of the Republic of Albania
     Law on pre-university education
     Criminal Code
     Civil Code
     Family Code

II – Instruments of the United Nations Organisation
     Universal Declaration of Human Rights
     Convention on the Rights of the Child
     Convention on the Elimination of All Forms of Discrimination against Women

III – Instruments of the Council of Europe and European Commission
         European Social Charter
         European Convention on Human Rights and Fundamental Freedoms
         European Convention on the Exercise of Children‘s Rights
         Hague Convention on Protection of Minors and Cooperation in the Area of
           International Adoption
         European Parliament on Trafficking in Children and Soldier Children
         European Commission Recommendations on Sexual Abuse of Children
         Special recommendations by the Council of Europe
         Recommendation (85 ) 4 ―On domestic violence‖
         Recommendation (87) 21 ―On assistance to crime victims and prevention of
           victimisation‖
         Recommendation (91) 11 ―On sexual exploitation‖
         International Covenant on Economic, Social and Cultural Rights, Article 10.

Chapter 2

Analysis of the current legislative framework addressing domestic violence

In this analysis of the current situation surrounding legislation we will adhere to the
principle of the hierarchy of norms operating in the territory of the Republic of Albania,
as determined by its Constitution.18

18
  Law no. 8417, dated 21 October 1998. Under Article 116 of the Constitution of the Republic of Albania:
―Normative acts that are effective in the entire territory of the Republic of Albania are: a) the Constitution;
b) ratified international agreements; c) the laws; and d) normative acts of the Council of Ministers.‖


                                                                                                          126
    1. Constitution of the Republic of Albania
The Constitution employs a gender neutral language, and stipulates that: ―No one may be
unjustly discriminated against for reasons such as gender, race ...‖ (Article 18/2). Even
though no norm specifically addresses domestic violence, the Constitution of the
Republic of Albania states that marriage and family enjoy special protection by the State
(Article 53/2). Given than the entire Albanian legal system is built on constitutional
arrangements and principles, each and every law, subordinate legal act, court decision,
and individuals‘ and bodies‘ action or omission to act should observe and protect the
fundamental human rights and freedoms that are indivisible, inalienable, and inviolable,
and stand at the basis of the entire juridical order (Article 15/1). ―Children, the young,
pregnant women and young mothers have the right to special protection by the State.
Likewise, every child has the right to be protected from violence, ill treatment,
exploitation ...‖ (Article 54).

     2. European Conventions on Human Rights

Albania has ratified a considerable part of the international instruments relating to the
protection of human rights. Following their publication in the Official Gazette, each and
every ratified international agreement becomes part of the internal juridical system.
Under Article 122/2 of the Constitution, ―an international agreement that has been
ratified by law has superiority over laws of the country that are not compatible with it.‖

            a. Instruments of the United Nations Organisation

Domestic violence is addressed in the United Nations Convention on the Elimination of
All Forms of Discrimination against Women (CEDAW), irrespective of it that the latter
does not address it explicitly. Under the CEDAW, the definition of discrimination
includes ―gender-based violence, that is, violence that is directed against a woman
because she is a woman, or that affects women disproportionately. It includes acts that
inflict physical, mental or sexual harm or suffering, threats of such acts, coercion and
other deprivations of liberty.‖ The CEDAW lays down a whole list of obligations for the
States Parties so that they undertake to adopt ―all the necessary measures.‖ This
Convention and these measures are further reinforced following adoption of the Optional
Protocol to the CEDAW and the CEDAW General Recommendation no. 19. In its
recommendations to Albania, the Committee on the Elimination of Discrimination
against Women suggests reviewing of the penal legislation so as to make domestic
violence punishable, adoption of new specific laws on domestic violence that provide for
court orders for protection and legal aid to women, setting up and operation of an
adequate number of shelters, development of a state-run mechanism for the systematic
collection of the data and statistics on domestic violence, the training and sensitisation of
the justice system structures on domestic violence issues, and the launching of public
awareness-raising and educative campaigns.19


19
  The main problematic areas and the recommendations of the Committee on the Elimination of
Discrimination against Women for the Albanian Govenment upon submission of the combined First and


                                                                                               127
The difficult political and social conditions or economic crisis which the Albanian State
is going through is not an excuse for the failure to fulfil obligations in order to ensure
protection of the victims from domestic violence. CEDAW requires all due attention
from the States. The State is duty bound not only to refrain from committing illegal acts
encroaching on human rights, but it should also not allow and punish its nationals
committing similar violent actions. The State is duty bound to undertake reasonable steps
to put an end to violations of human rights, and make use of the tools available to it to
conduct a serious investigation of the violations committed within its jurisdiction, to
identify the perpetrators, to impose suitable punishment on them, and to ensure
appropriate damages for the victims.

The CEDAW Committee, an expert body founded in 1982, is the CEDAW supervision
mechanism (and the Optional Protocol to the CEDAW). The State is duty bound to report
to this Committee at least once every four years on the progress made for the application
of the Convention.

Under the Optional Protocol to the CEDAW,20 women are offered trade-offs on an
international level, and a leeway to win given justice cases. This Protocol urges the
Governments to carry out the necessary actions at a national level. By ratifying this
document, Albania recognises the CEDAW Committee the power to receive and consider
complaints filed by individuals or groups within its own jurisdiction.21 Through
reinforcing the principle of accountability for violations, the Optional Protocol has
strengthened the CEDAW-related effectiveness as a tool for the protection of women‘s
human rights.

The CEDAW22 General Recommendation no. 19 was introduced in order to reinforce
the CEDAW obligations in the area of domestic violence, as well. The Committee
recommends adoption of a special legislation on domestic violence, including penal
sanctions and civil remedies; taking of a series of preventive measures (including public
information and education programmes to change attitudes concerning the roles and
status of men and women) and protective measures (including refuges, counselling,
rehabilitation and support services for women who are the victims of violence or who are
at risk of violence); reporting on all forms of gender-based violence, including data on
the incidence of each form of violence, and on the effects of such violence on women
who are victims; constant monitoring of the measures undertaken; and reviewing of the
effectiveness of the actual measures so that their modification is carried out where
necessary.


Second Periodical Reports.
http://daccessdds.un.org/doc/UNDOC/GEN/N03/468/20/PDF/N0346820.pdf?OpenElement
20
   It entered into force on 22 December 2000. As of 3 March 2006, it registers 76 States Parties.
21
   The Optional Protocol establishes two procedures: the communications procedure allows women and
groups to file complaints against violations of the rights protected by the CEDAW, and the inquiry
procedure allows the Committeeto initiate, on its own, an investigation where it has received reliable
information of grave or systematic violations of human rights within a given jurisdiction.
22
   U.N.Doc. A/47/38 (1992).


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The Declaration on the Elimination of Violence against Women23 (DEVAW), adopted
in 1993, produces a broad definition of violence against women, and informs that it may
occur in the family. Even though the Declaration does not have a binding power, its
norms are of major importance in laying down concrete obligations in the area of the
fight against domestic violence. It is universal in the addressing of this issue, and is
known as a source of international law. The Declaration outlines specifically the actions a
State should take to eliminate the violence occurring in the private life: develop
appropriate penal sanctions; develop national plans of action to promote the protection of
women against any form of violence; work to ensure, to the maximum extent feasible in
the light of their available resources, that the victims of violence have social services;
take measures to ensure that public officials responsible for enforcing the law receive
training to sensitize them to the needs of women; and to include in government budgets
adequate resources for their activities related to the elimination of violence against
women. The Declaration makes it clear that the actions of the States Parties will be
gauged by international standards that clearly articulate strategies on the elimination of
domestic violence against women.24

In the area of domestic violence, as a matter of priority, the Beijing Platform for Action
recommends reviewing of legislation, taking of other effective measures and producing
the appropriate mechanisms so as to ensure protection of all women from domestic
violence, which should be considered as a criminal offence, punishable by law (Article
69).

The Convention on the Rights of the Child (Article 19) outlines the obligation of the
States Parties to take all appropriate legislative, administrative, social and educational
measures to protect the child from all forms of physical or mental violence, injury or
abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual
abuse. Among these measures the Convention includes effective procedures for
prevention, identification, reporting, referral, investigation, treatment and follow-up of
instances of child maltreatment, and, as appropriate, for judicial involvement. The
measures to promote physical and psychological recovery and social reintegration of a
child victim of any form of neglect, exploitation or abuse, torture or any other form of
cruel, inhuman or degrading treatment should be taken in an environment, which fosters
the health, self-respect and dignity of the child (Article 39).

23
  A/Res/48/104.
24
   The United Nations, Commission on Human Rights on the Resolution on Human Rights 2003/45,
Elimination of Violence against Women, and Model legislation on domestic violence by Special
Rapporteur on violence against women. E/CN.4/1996/53/Add.2, 2 February 1996. In her 1996 report, the
Special Rapporteur on violence against women included model legislation on domestic violence. The
model includes a definition of domestic violence, complaint mechanisms, duties of judicial officers,
criminal and civil proceedings, and provisions of emergency and non-emergency services, training of
police officials and judicial officers and counsellors. This framework for model legislation outlines
important elements, which are integral to comprehensive legislation on domestic violence. The objective of
this model legislation is to serve as a drafting guide to legislatures and organisations committed to lobbying
their legislatures for comprehensive legislation on domestic violence. This model creates flexible and
speedy remedies to discourage domestic violence and protect women where such violence has taken place.
This model, likewise, serves to provide explanation and develop a greater understanding of the incidence
and causes of domestic violence, and encourage community participation in eradicating domestic violence.


                                                                                                         129
The Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment.25

Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment.

           b. Instruments of the Council of Europe
The Council of Europe human rights documents reflect the principles underpinning the
United Nations treaties and other instruments according to which violence against women
is a violation of fundamental human rights. These documents include the European
Convention on Human Rights,26 European Social Charter, European Convention for the
Prevention of Torture and Inhuman or Degrading Treatment or Punishment.27

            c. Instruments of the European Union
Even though Albania is not yet a member country of the European Union, its signing of
the Stabilisation and Association Agreement generates a number of obligations in terms
of recognising and harmonising the legal framework and the justice system structures
with these standards.28

Joining the European Union is not merely a desire, devoid of certain obligations. The
process of integration is a pathway, which obligatorily dictates the meeting of
international human rights standards. In a Resolution adopted on 2 February 2006 to
combat domestic violence against women, the European Parliament calls on the
Commission and the Member States ―to establish the necessary means to monitor the
activity and progress of the accession and candidate countries regarding treatment
25
  State Violence in Albania. Alternative report for the United Nations Committee Against Torture. Tirana
and Geneva 2005. Prepared by CRCA, AHRG and CLCI (former QAG, pp. 63-95).
26
   Article 14 of the European Convention stipulates that ―the enjoyment of the rights and freedoms set forth in this
Convention shall be secured without discrimination on any ground such as sex …‖ The Convention guarantees the right
to life (Article 2), the right to liberty and security of person (Article 5), and the right not to be subjected to torture or
inhuman or degrading treatment or punishment (Article 3). The Convention, likewise, sanctions the woman‘s rights to
an effective legal remedy before a national authority if her human rights have been violated (Article 13).
27
   European Convention on Human Rights has a direct effect on the internal legislations, and the judiciary should rely
on the provisions of the European Convention and the Strasbourg Court Jurisprudence.

The Committee of Ministers has adopted a number of recommendations on domestic violence for the States. The 3rd
European Ministerial Conference on Equality between Men and Women in 1993 was focussed on the strategies for
combating violence against women. The Conference adopted ● Declaration on Policies for Combating Violence against
Women in a Democratic Europe. A working group was set up to develop a Plan of Action to Combat Violence against
Women. The final Report came out in 1998, and includes recommendations to combat violence against women at two
levels: both at a national and international level. They include implementation of the reforms of the legislative, the
judiciary and the executive. ● Recommendation 1450 (2000) urges harmonising national legislations with European
law, thus ensuring protection of victims through the system of law. ● In Recommendation 1582 (2002), it is recognised
that the States Parties ―have an obligation to exercise due diligence to prevent, investigate and punish acts of domestic
violence, and provide protection to victims.‖ ● Recommendation 1681 (2004) urges a more comprehensive treatment
of domestic violence as a national political priority, which should be addressed by the Government, the Parliament and
the civil society. The States should take effective measures to prevent and punish such acts perpetrated by private
persons, and to protect the victims/survivors. The Recommendation underscores that ―acts of domestic violence be
made a criminal offence, that victims be afforded better judicial, psychological and financial protection, and that a
European year against domestic violence be held to ensure that such violence is no longer a taboo subject.‖
28
   Treaties and directives are the main resources of the community law.



                                                                                                                       130
of women in all areas of society, and to make the safety and treatment of women in
these countries a criterion for accession‖ (paragraph 1/k). At the same time, the
European Parliament calls for zero tolerance for all the forms of violence against women.
Even though the resolutions and other instruments of the European Union related only to
the Member States, European non-member countries, as is the case of Albania, should
bring national legislations into line with the European Union standards, if they are keen
to apply for membership.

The European Union has addressed gender equality through a number of directives,
resolutions, recommendations and acts issued by the Council of the European Union,
European Commission and European Parliament.29

Albania‘s National Plan for the approximation of the national legislation to the EU
legislation and the implementation of the SAA provides for a number of legislative
measures as regards respect of human rights. This means that an entire legislative

29
   Violence against women is one of the main topical themes the European Union is concerned with. In 1986, the
European Parliament adopted the Resolution on violence against women. The Resolution urges the Member States to
recognise in their national laws sexual violence within marriage as a crime, and the training of those who come into
contact with the victims of domestic violence, and called for providing legal assistance to women. In 1997, the
European Commission decided to establish the DAPHNE Project to combat violence against women, and the European
Parliament launched a campaign (―Zero tolerance‖) not to tolerate violence against women. At the same year, the
European Women‘s Lobby established the European Centre for Political Action on Violence against Women and the
European Union Observatory on Violence against Women. The European Union Presidency has placed the domestic
violence issue on its political agenda as early as 1998, and has adopted a number of recommendations basically
focussed on domestic violence. Besides, in 1999 the European Campaign to Raise Awareness of Violence against
Women was launched. In the European Union Conference on Violence Against Women held in the same year, five
expert forums were set up to look into given aspects of domestic violence: the extent, reasons behind and consequences
of violence against women; legal possibilities for combating (domestic) violence against women; prevention; help to
organisations and cooperation with institutions, European networks; and work with perpetrators. This Conference
adopted the Recommendations of the Expert Forums for the Member States. The European Union experts‘ meeting on
violence against women, held in 1999, developed recommendations for joint models of auxiliary actions to combat
violence. They contained programmes for training men exercising violence, legal proceedings against and research on
violence. They pointed out that domestic violence is a crime, and it is subjected to criminal proceedings, where men-
focussed training programmes cannot offer a trade-off. The proposal forwarded by the European Parliament and the
Directive of the Council regarding the EU citizens‘ and their household members‘ right to moving and living freely
within the territory of the member countries, which provides the explanation that the article on ―divorce or nullity of
marriage shall not result in loss of the right to residence for the EU citizen‘s household members who are not citizens
of a EU Member State,‖ should have been extended to the situation surrounding domestic violence. The Social and
Economic Committee recommended that this formulation makes a more explicit reference, hence to ―violence
psychological or physical in nature, and gender-based at home or in the family.‖
           Reviewing the implementation by the EU Member States, the European Union Council has prepared a report
on the domestic violence issue. The report incorporates the draft of the Council‘s conclusions with regard to the
domestic violence indicators and the list of indicators prepared by the Danish Presidency for measuring the
compatibility of the provisions on domestic violence of the Member States with the Beijing Platform for Action.
           At the outset of 2006, the European Parliament formulated its zero-tolerance policy as regards all forms of
violence against women. By way of its Resolution on the fight against men‘s violence against women, adopted on 2
February 2006, the European Parliament calls on the Memer States to take appropriate measures to ensure prevention
and punishment of violence in their national legislations, and better protection of and support for victims and those who
are at risk of becoming victims of violence. Besides, the Parliament calls on the Commission and the Member States
―to establish the necessary means to monitor the activity and progress of the accession and candidate countries
regarding treatment of women in all areas of society, and to make the safety and treatment of women in these countries
a criterion for accession‖ (paragraph 1/k). All these activities at the level of the European Union are indicative of the
approach to the importance of combating domestic violence and the States‘ responsibility in this aspect.
See:http://europa.int.eu/comm./employment_social/equ_opp/colognerec_en.html;
http://presidency.finland.fi/netcomm/news/showarticle1871.html


                                                                                                                    131
framework will be subjected to a process of analysis so as to be brought into line with the
EU standards. In this context, the working groups set up at the Ministry of Justice should
also be focused on the harmonisation of the legislation on the protection from violence
with the European standards30.

Whereas the Conventions on human rights in general, and particularly, those on the
women‘s and children‘s rights, already ratified by Albania, are in large numbers, and
under the Constitution of the Republic of Albania, are considered part and parcel of the
domestic legislation, and binding, the judges‘, public prosecutors‘ and advocate lawyers‘
knowledge of them and application is limited. These instruments are unknown to the
victims of domestic violence. This leads to their failure to be directly applied by the
justice system, and their failure to be placed at the service of the victims and those
looking to have an access to justice (monitoring of the court decisions has demonstrated
that, overall, reference to these Conventions amounts to almost zero).

Because of this the definitions employed by these instruments are not known and
implemented. Even though the home page of the Albanian Ministry of Foreign Affairs
contains a detailed list of the ratified international Conventions (UNO and Council of
Europe) and their relevant Protocols, the possibilities to know them are limited because
not all the players in the justice system have access to Internet. There are some hurdles
concerning being updated on the new legislation, also on account of evidently abundant
productivity. The Official Gazette is distributed free of charge to the judges and public
prosecutors, though this is not the case with the advocate lawyers. Besides, the official
translation and publication of all the international instruments into Albanian is not
available. And that is not all. No service relating to the indexation and updating of
legislation in electronic format is in place. Given all its efforts, the Official Publications
Centre (and others) has not been able to virtually produce such a service, which in an
updated form should reflect the changes in legislation, indexed according to topical
themes, so that they may used easily by those concerned. It is found out that translations
of the texts of Conventions leave much to be desired, and lead to confusion in terms of
terminology.

     3. Laws in force

Despite the frequent reforms of the Albanian legislation, no regulation or specific law yet
provides for a singular punishment of domestic violence. This means that provisions
punishing violence and violent acts are not in place, overall. However, in the situation
where there is lack of a law or specific provisions, the justice system reacts towards
violence perpetrated in the family by enforcing those provisions and means prescribing
punishment of violent actions overall. This is neither effective nor fair. Current laws
provide for several legal sanctions for the purpose of guaranteeing protection from
violence, in general. However, these norms are very limited, incomprehensive and
inefficient in prevention, victims’ protection, investigation, legal proceedings and

30
  See the National Plan for the appoximation of the national legislation to the European Union legislation, and the
implementation of the SAA. Republic of Albania. Council of Ministers. Tirana 2005. pp. 89-109.




                                                                                                                  132
punishment of domestic violence perpetrators. The current legislation is lacking in a
definition of domestic violence, and an adequate definition of the circle of persons who,
in this context, will be considered household members.

The definition of domestic violence should render it clear that this is a specific form of
gender-based violence. It would be advisable that the definition of gender-based violence,
prevalent in the international instruments, be used in this context. It is absolutely
incomprehensive if extent of violence is limited to married persons only (as is the case
with the Family Code). Hence, care should be made that the extent of violence and the
circle of the persons respond to the extent of the problem. Narrow definitions of the
nature of domestic violence should be in place, given that it includes both physical
violence as well as sexual, psychological and economic violence, which is not reflected in
the law, thus depriving the victims of the appropriate protection.

An analysis of the legal framework reveals that:

               Domestic violence is not addressed as a separate criminal offence in the
Criminal Code. The Criminal Code does not draw a distinction between the acts
perpetrated by a household member and those committed by other persons. This leads to
the victim and perpetrator being handled in a non-specific context, which is dictated by
the relationship between them. The said legislation does not provide for an adequate
definition of the circle of persons considered as household members, and this raises
obstacles also in the application of the aggravating circumstances. The data obtained
from a study of the court decisions highlight the fact that sexual violence is a
phenomenon widespread in the family.31 However, the Criminal Code does not contain a
specific provision sanctioning punishment of sexual violence within a marriage. The
criminal sanctions on safety and supplementary punishments do not include such a
sanction as: ―the temporary going away from the conjugal home and the temporary
suspension/removal of parental responsibility.‖ Perpetrators of criminal contraventions
relating to forms of domestic violence are currently liable to fine. For preventive effects it
would be advisable that they be liable to imprisonment (ranging from several days to
several months). International experience has shown that the effects of imprisonment are
more effective than punishment by fine. Punishment is an indicator of the importance the
State and the society attach to a given relationship. Because the impact on the victim and
the perpetrator, and the social message put across is more significant.

In terms of minors’ physical ill treatment, it is found out that the Criminal Code does not
prescribe figures of specific criminal offences, including abuse of rehabilitation and
discipline tools, and children’s ill treatment.32 The Criminal Code contains no specific
norms as regards psychological abuse. And cases involving psychological abuse are
fraught with grave consequences for the children. They include psychological
disturbances and the forms of infantile depression. No norm in the Criminal Code refers
to assisted violence, which implies any act of physical, verbal, psychological, sexual and

31
   CLCI, ―For as an effective enforcement of legislation as possible...,‖ p. 32.
32
   These parts have been extracted from the legislations of other countries, eg. Articles 571-572 of the
Italian Criminal Code.


                                                                                                   133
economic violence administered against subjects who are immediate points of reference
for children in the presence of children. The Criminal Code and the Criminal Procedure
Code do not contain alternatives to the measure of detention and supplementary
punishment concerning the “temporary suspension and removal of parental
responsibility” for the abusing parents. The Albanian legislation does not provide for
specific sanctions that are available for the purpose of the protection of children from any
violence to which they are exposed in the course of the conflict, and which may seriously
affect their self-respect. Victims‘ children should have access to specialised assistance,
including rehabilitation, assistance in the care taken of them, and support.

Violence to the elderly assumes the form of violation of the right to care and assistance,
and is materialised in the form of physical, psychological and economic violence.
Overall, the provisions contained in the Albanian criminal legislation do not specifically
refer to the protection of the third age. They are addressed in the overall legislative
framework.

               The non-specific addressing of domestic violence is also perceived in the
Criminal Procedure Code. Hence, it is evident that the criminal procedure legislation does
not allow third parties to initiate criminal proceedings, recognising this as a right of the
victim (the affected plaintiff) only. In the meantime, in a way the latter (victims) back
away from initiating criminal proceedings against their relatives. Hence, an analysis of
the court decisions indicates that the largest part of the terminated cases, with the charge
being battering and light wounding, is attributable to the withdrawal of complaint by the
affected plaintiff. (CLCI, ―For as an effective enforcement of legislation as possible...,‖
pp. 18-40).

Reporting of violence by the parents or other household members against children, as
well as reporting of violence administered against elderly persons, are almost inexistent.
The burden of proof of exercise of domestic violence is the same as the burden of proof
required to prove commission of any other criminal offence. The same requirements
apply regarding the process of producing evidence.
               Not only are the provisions on damages contained in the Civil Code not
enforced in an effective way, but they refrain from specifically referring to the damage
caused through domestic violence, thus addressing this issue in an overall manner. They
refrain from addressing the victims‘ right to the compensation they are entitled to because
of the damage suffered (physical, psychological, moral and social), including trial
expenses, as well. Rare cases involving filing of a civil lawsuit within the criminal
process are registered. The reason behind this is that both the defence lawyers and,
moreover, the victims have incomplete and unclear knowledge.
         Under the Family Code, the spouse against whom violence is administered is
entitled to turning to the court with a request for immediately taking the measure of
sending the violent spouse away from the conjugal home (Article 62). Hence, it is found
out that there is no talk of domestic violence in a broad sense, i.e. the domestic violence
that affects those sharing a family life and called household members, but of violence
against spouses. This context does not apply to the case of cohabitation and the
complexity of individuals and family relations. The Family Code does not fully cover the


                                                                                        134
application of the protection measure in the event of domestic violence. Protection is
difficult to be provided with the perpetrator being left within the family environment.
Whereas violence is an emergency situation calling for quick response. Perpetrator‘s
immediate removal from home. While offering a leeway for protection in one more case,
besides the possibilities that the criminal legislation offers, Article 62 refrains from
providing answers to a number of questions, including: How long will the measure last?
How will the trial take place? What protection will be in place during this time that the
measure has an effect on the victims of violence and the other household members? This
demonstrates that the provisions need to accommodate arrangements of the civil
procedural character.

The Family Code does not provide for quick or simplified procedures if this cause of the
violence is blamed for the divorce. In the meantime, the victim‘s life may be at risk. The
same conclusion could be reached also in the event of provisions on the consequences of
divorce on children when domestic violence is to be blamed for the divorce (this may call
for the modification of the provisions on the exercise of parental responsibility and
custody).

Shortage of the effective legal mechanisms so as to oppose domestic violence is a serious
hurdle in preventing the phenomenon. One single article in the Family Code is
insufficient. Introduction of clear-cut procedural regulations, and expansion of the limit
of power, particularly of the police, would facilitate the collection of evidence. The
existence of legislative regulations determining the parameters of action for police
officers and the public prosecutor, will be one more guarantee conducive to the victims‘
rights. What leaves much to be desired, and is frequently found out during the study of
court decisions in cases involving divorce, is that, more often than not, recognition and
claiming of these rights by the victims and their protection is of a very poor level.

The Law on Advocacy does not explicitly stipulate free-of-charge legal aid to victims
of domestic violence, which directly provides them with access to the justice system, and
absence of qualified legal aid on account of the very specific character of these situations.
The ex officio protection of the victims of domestic violence is not prescribed either in
the criminal process or in the civil one. Even though Article 11/b provides for free-of-
charge legal aid if the person protected or represented has no financial possibilities, the
provision relates this to the cases where a defence lawyer is basically designated by the
court or the public prosecutor‘s office, and hence, the provision may not provide for that
service that should be guaranteed to the victims of domestic violence, irrespective of their
economic status.




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