Johanna Westeson - The ICHRP

Similarly, the European Commission and the European Parliament have taken multiple
initiatives and issued many non-binding statements on this topic, also focusing on violence
against women specifically. Neither the Council of Europe nor the European Union
statements address violence in same-sex relationships.
5. Domestic legislation
Most European countries have some kind of domestic violence legislation. Provisions
against domestic violence are primarily found in criminal law, but there are also
regulations on social measures and prevention, including state responsibilities to detect and
respond to situations of intimate partner violence. In the following, which should be seen
as illustrative rather than representative, countries have been selected based on
geographical and cultural diversity, where laws cover both criminal law and
prevention/social measures, where same-sex partner protection is explicitly included in
domestic violence provisions, and where a broad definition of violence has been employed
(psychological, physical, sexual, economic).
In Albania, the Law no. 9669 of 18.12.2006 on measures against violence in family
relations 499 entered into force on 1 June 2007. The law has considerable strengths,
including a broad definition of violence and of ‘family members’ granted protection under
the law, and a multi-disciplinary response to domestic violence, involving several different
state agencies. It also aims to prevent and reduce domestic violence, and guarantee
protection through legal procedures that are both effective and easily accessible to the
affected party.
The law defines violence as any act or omission of one person against another, resulting in
“violation of the physical, moral, psychological, sexual, social and economic integrity”
(Art. 3). It applies to violence committed against, inter alia, spouses and former spouses,
cohabiting partners and former cohabiting partners, siblings, parents, and children, and
close relatives of spouses and cohabiting partners (Art. 3). The law is gender-neutral.
Albania does not legally recognize same-sex partnership; it is unclear from the wording of
the law if cohabiting same-sex partners are included in the definition of ‘family members’
under the law.
The law takes a holistic view of the problem of domestic violence, considering its legal,
social, and health-related aspects. It specifically equips different state organs with different
responsibilities. While the Ministry of Labor, Social Affairs and Equal Opportunities is the
primary authority (Art. 5), other agencies with responsibilities under the law include the
Ministry of the Interior, the Ministry of Health, the Ministry of Justice, and local
authorities (Art. 7). Together, these bodies ensure/oversee activities such as setting up of
special domestic violence units within the police, training of different legal actors,
budgeting for free legal assistance to victims, and establishing rehabilitation centers for
both victims and perpetrators.
Victims of domestic violence can be granted protection orders or emergency protection
orders by a simple procedure; petition for such orders can be presented to the court (or, in
urgent cases, to the police station) by the victim herself, by her legal representative, or by
the police or prosecutor (Art 13). The petitioner has the right to legal assistance free of
499 Unofficial translation to English available.
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