Lesbian, gay, bisexual, and transgender (LGBT) people in Albania face legal challenges not experienced by non-LGBT residents, although LGBT people are protected under comprehensive anti-discrimination legislation. Both male and female same-sex sexual activities have been legal in Albania since 1995, but households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples, with same-sex unions not being recognized in the country in any form.

Albania, as a whole, is considered to be rather conservative, especially in public reactions regarding lesbian, gay, bisexual, transgender (LGBTQ) rights and visibility of LGBT people; however, anti-discrimination legislation have made ILGA-Europe regard Albania as one of a very few countries in Europe which explicitly bans discrimination on the grounds of gender identity. Albania has ratified Protocol No. 12 to the European Convention for the Protection of Human Rights and Fundamental Freedoms; moreover, Albania was a signatory to the 2007 UN Declaration on Sexual Orientation and Gender Identity.[UN declaration on sexual orientation and gender identity Wikisource: "UN declaration on sexual orientation and gender identity", presented to the United Nations General Assembly on 18 December 2008]

In 2015, the association ILGA-Europe ranked Albania 19th in terms of LGBT rights out of 49 observed European countries. Meanwhile, on the latest report in 2022, lack of progress caused Albania to be ranked the 28th country in Europe, among 49 countries observed.

Law regarding same-sex sexual activity Ottoman Empire In 1858, the Ottoman Empire legalized same-sex sexual intercourse.State-sponsored Homophobia: A world survey of laws prohibiting same sex activity between consenting adults The International Lesbian, Gay, Bisexual, Trans and Intersex Association, authored by Lucas Paoli Itaborahy, May 2014

Zogist era

In 1937, Musa Juka, the minister of interior, was concerned with the practice of homosexuality and wanted to "take measures with all possible means" against its practice.

People's Socialist Republic of Albania The People's Socialist Republic of Albania penalized same-sex sexual intercourse with long prison terms, bullying and ostracism. Article 137 of the Crimes against Societal Moral of the Penal Code stated that: "Pederasty is punishable or up to ten years of freedom privation". The word "pederasty" was used as a code word for sex between two consenting adults or sex between an adult and a child of any gender.

Republic of Albania

The age of consent has been equal at 14 for all, regardless of gender and/or sexual orientation, since 2001. (see: Ages of consent in Europe).

In the summer of 1994 the government of Albania put forward a draft Penal code under which homosexuality would have remained illegal, but with the maximum sentence reduced from the previous ten years in prison to three years. A campaign by the Gay Albania Society within Albania, and international pressure orchestrated by ILGA, in which the Council of Europe played an important role, led to the withdrawal of this draft law.

On 20 January 1995 the Albanian Parliament legalized consensual same-sex sexual relations in Albania.

Recognition of same-sex relationships

Same-sex marriage or civil unions are not currently recognised in Albania. Even though then Prime Minister Sali Berisha announced in July 2009 that he would support the recognition of civil marriages, the proposed anti-discrimination law, unanimously approved on 4 February 2010, never addressed same-sex marriage. Gay rights groups praised the new law but said they hoped that Berisha would eventually keep to his promise on legalising same-sex marriage.

Igli Totozani, the then People's Advocate, announced in October 2013 that he would be drafting a bill for parliament to debate on changes to the family code that would allow for same-sex marriage to be introduced.Totozani: Të lejohen martesat "gej", top-channel.tv, 26 October 2013, in Albanian But as of 2024 no change has happened, with LGBT activists criticising the inaction of the government.

Following a 2024 declaration, the Orthodox Church of Albania was accused by ILGA-Europe of disseminating disinformation via "pro-family" groups, specifically regarding claims of "propaganda" and LGBTQ "infiltration" of schools. The Church's official position defined same-sex marriage as an "unnatural deviation" and a "foreign imposition" that contradicts the "natural order." Despite human rights organizations labeling such rhetoric as false, the Church maintained that legalizing same-sex marriage would result in "social catastrophes" and violate the "natural order" of the family.

Discrimination protections On 4 February 2010, the Albanian Parliament unanimously adopted a comprehensive anti-discrimination law which bans discrimination on the grounds of sexual orientation and gender identity. The law applies to all areas, including employment, the provision of goods and services, education, health care, and housing. Albania is one of only few European countries to explicitly ban discrimination on the basis of gender identity. The law also exceeds EU minimum standards, which require that employers refrain from discrimination on the basis of sexual orientation. According to this law an institution of Anti-Discrimination Commissioner was established during 2010 and the Parliament elected Irma Baraku as head of this independent body.

However, on 12 December 2012 The Alliance against Discrimination and Pro LGBT, two organizations that promote the rights of LGBT people, expressed their disappointment for what they called "the weak and unprofessional work done by the Commissioner Against Discrimination".Albanian LGBT organizations dissatisfied with the Anti-Discrimination Commissioner , historia-ime.com, 12 December 2012 According to Xheni Karaj and Kristi Pinderi, leaders of these organizations, the LGBT community "has lost its trust in the institution due to its slow work, raise of the deliberate bureaucratic impediments and its prolonged process of investigation without providing an explanation or a substantial argument".

They argued that out of nine cases linked to the discrimination of LGBT people directly or through hate speech, only one case has been concluded by this institution. The most disputed case of homophobia and hate speech was the case of Ekrem Spahiu Deputy Minister of Defense who stated to a local newspaper: "What remains to be done is to beat them up with a stick. If you don't understand this, I can explain it: to beat them with a rubber stick". The EU Delegation in Tirana, Human Rights Watch, Amnesty International and ILGA-Europe, the local and international media covered and condemned this statement, even the Prime Minister Sali Berisha condemned it publicly, but the Commissioner failed to follow up the case.

On 4 May 2013 the Albanian Parliament unanimously amended the criminal code and put hate crimes against sexual orientation and gender identity on par with an offense against gender, race, ethnicity, religious belief, disability and so on. It also passed a new law punishing the dissemination of homophobic information through any means (including the internet) by a fine and up to two years imprisonment.Dan Littauer, Albania passes landmark gay hate crime laws , gaystarnews.com, 5 May 2013

In October 2020, Albania's anti-discrimination law was expanded to prohibit discrimination on the grounds of sex characteristics and HIV status.

LGBT issues in public education

In June 2016, the government of Albania passed the National Action Plan for LGBTI that would address bullying and LGBT discrimation in primary and secondary education with lectures and other activities. The Albanian Ministry of Education, Sports and Youth expressed that in accordance to the plan, it would work with LGBT activists to fight discrimination on the ground of sexual orientation. The inclusion of LGBT issues in school activities created much controversy, with many political figures like Tritan Shehu, Luçiano Boçi, Mesila Doda, Nard Ndoka and Ylli Manjani expressing strong opposition to such activities.

In response to the controversy, the Ministry of Education and Sports issued a statement on 23 March 2018, stating that contrary to media reports, it was aware of these lectures and that they were conducted in the framework of the LGBTI National Action Plan which among other things aims to combat stereotypes based on sexual orientation. In a controversial statement, the director of Tirana high school "Sami Frasheri" Ms. Teuta Dobi publicly opposed such lectures, despite the fact that several weeks earlier LGBTI activists had given a lecture at her school with the approval of the school.

LGBT rights movement in Albania

There are several organisations in Albanian focused on LGBT rights – the three best known are Aleanca Kunder Diskriminimit LGBT (Alliance Against LGBT Discrimination), Pro LGBT and Pink Embassy/LGBT PRO ne Shqiperi. These organizations work to create a better and more equal living situation for LGBT people in Albania.

The Alliance Against LGBT Discrimination (short form: Aleanca LGBT) is an Albanian non-governmental organization founded by five lesbians.Lesbian Feminists From Tunisia, Algeria, Serbia and Albania Were in Ankara , kaosgl.com, 21 March 2013, Xheni Karaj speaking on LBT rights advocacy in Albania: "Actually Aleanca started by a group of five lesbians even though now we are a mixed board of organizers. And this is interesting to happen in a society when most of people used to think that lesbians didn’t exist at all." It envisions a free, open and equal Albanian society that embraces diversity and is inclusive of people of all sexual orientations and gender identities. Aleanca LGBT was created in March, 2009 by a volunteer group of LGBT young people dedicated to improving life and empowering LGBT people in Albania. Aleanca's activities include: community building, awareness raising, advocacy and lobbying. Xheni Karaj, this NGO's current director, spoke in an Ankara meeting held in March 2013 as being the first out lesbian activist in Albania.

Pro LGBT is mainly focused on public awareness on LGBT issues and using advocacy as a tool to improve the situation of LGBT community. This organization co-funded by activist Kristi Pinderi who is a journalist in profession, launched in 2012 the human rights news portal "My Story" (historiaime.al), which has become the main source in Albania for LGBT issues.historia-ime.com: About Us , historia-ime.com, 19 July 2012

In December 2010, the Deputy Commission for Labour, Social Affairs and Health, Tritan Shehu, declared that "homosexuality should be treated by medical staff as hormonal disorder, as well as psychological".Kristi Pinderi, Akuzoj Tritan Shehun si politikanin e parë homofob!, pinkembassy.al, 17 May 2011 The LGBT organizations filed a collective complaint with the Commissioner for Protection from Discrimination. The Commissioner reviewed the declarations and, after a lengthy delay, on 30 September 2011 reprimanded Shehu in a letter to Parliament: "Mr. Shehu should avoid discriminatory remarks in the future, which cause an atmosphere of tension and unfriendliness towards the LGBT community in Albania." The Commissioner further recommended that Parliament should grant "all guaranties so that the thoughts, opinions and remarks of the LGBT community are heard, evaluated and taken into consideration, when they are directly involved on specific topics, in order to help the community to enjoy fully its rights and freedoms".Besar Likmeta, Albanian MP Reprimanded for Gay Slur, balkaninsight.com, 27 October 2011

In 2014 the first edition of Miss Trans Albania was held in Tirana, a beauty pageant competition for trans women in Albania, aiming to raise visibility and acceptance for the transgender community.