Sexual Harassment in Kosovo

principle of human dignity and dignity of women, the EU approach focuses on condemning and
prohibiting sexual harassment at work, including related to employment and vocational opportunities.
Kosovo’s domestic laws are aligned with international standards, using wording from EU
Directives in defining harassment, including conduct of a sexual nature under Kosovo’s antidiscrimination
legislation. Similar to the definition in the former Anti-Discrimination Law of 2004, the
new Law No. 05/L-021 on the Protection from Discrimination, adopted in 2015, considers
harassment a form of discrimination, defined under Article 4, paragraph 1.3 as:
when an unwanted conduct (including but not limited to unwanted conduct of sexual and/or
psychological nature), which has the purpose or effect of violating the dignity of the person and
of creating an intimidating, hostile, degrading, humiliating or offensive environment based on the
grounds set out in Article 1 of this Law.
Discrimination can be direct and indirect. Direct discrimination is considered “to have occurred where
one person is treated less favourably than another is, has been or would be treated in a comparable
situation.” Sex, gender, gender identity, and sexual orientation appear among the “grounds” enlisted
upon which persons can be discriminated. 9
In cases when persons claim harassment, further victimisation may occur and Kosovo’s Law on
the Protection from Discrimination also forbids such discrimination if “a person suffers an adverse or
negative consequences in response to a complaint or non-complaint (initiated procedure) or actions in
order to apply the principle of equal treatment or when such person provides information, evidence or
assistance in relation to the complaint procedure in case of discrimination.” 10 The Law applies to all
persons, including legal persons, both in public and private bodies, in relation to any action or inaction
which violates the rights of such persons in access or conditions of employment, vocational training,
promotion or access to goods and services and social protection. 11 The new Law also foresees a novel
procedure to file and submit a lawsuit in the competent court not only by individuals but also a group
of persons who can jointly claim discrimination based on the grounds defined under Article 1 of the
Law. 12 In line with EU directives, the Law also foresees the procedure of shifting the burden of proof.
This means that the person claiming discrimination or harassment before the court or other legal entity
puts the burden of proof to the alleged responsible person. This person must prove that the
accusations against him or her are not true by providing evidence that such acts have not occurred. 13
This procedure should not be used in criminal nor criminal offence proceedings. 14 During interviews,
KWN did not find evidence of any instance in which the burden of proof was shifted to the alleged
perpetrator.
The former Anti-Discrimination Law foresaw a range of fines for violations occurring under the
law for legal persons, natural persons, independent contractors and persons exercising a public
function, with fines ranging from €500 to €10,000. 15 The new Law on the Protection from
Discrimination has substantially decreased the fines, which now range from €400 up to a maximum of
Delivery and Use of Goods details further the equal access of women and men to services based on the principle of nondiscrimination.
9 Different grounds for discrimination can be based on: “nationality, or in relation to any community, social origin, race,
ethnicity, colour, birth, origin, sex, gender, gender identity, sexual orientation, language, citizenship, religion and religious
belief, political affiliation, political or other opinion, social or personal status, age, family or marital status, pregnancy,
maternity, wealth, health status, disability, genetic inheritance or any other grounds” (Law No. 05/L-021 on the Protection
from Discrimination, Art. 1.1 and 4, at: http://www.kuvendikosoves.org/common/docs/ligjet/05-L-021%20a.pdf).
10 Ibid, Art. 4, paragraph 1.5.
11 Ibid, Art. 2.
12 Ibid, Art. 13.
13 Ibid, Art. 20, paragraph 2.
14 Ibid, paragraph 3.
15 Anti-Discrimination Law, 2004, Art. 9.
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