Blert Morina, has submitted a request for the name and gender marker to be changed in identification documents so that they reflect his gender identity. The Gjakova Civil Status Office and the Civil Registration Agency have rejected this request in breach of Blert's right to privacy and human rights obligations arising from the Kosovo Constitution and applicable laws
The administrative conflict lawsuit has been filed with the Basic Court in Pristina, but in the present case it is an ineffective remedy due to the delay in court proceedings and the particular circumstances of the case. The Constitutional Court has therefore submitted a request for constitutional review, which should be upheld by the Constitutional Court because in the present case the claim before the Basic Court does not constitute an effective remedy within the meaning of Article 32 of the Constitution of Kosovo and Article 13. The European Convention on Human Rights also fails to address human rights violations within a reasonable time under Article 31 of the Kosovo Constitution and Article 6 of the European Convention on Human Rights.
Through this statement, we strongly support Blert Morina's request for recognition of his gender identity in the identity documents and at the same time we support his request deposited with the Constitutional Court for constitutional review of the decision of the Civil Registration Agency rejected his request to change the name and gender marker.
We stand united in solidarity with members of the LGBTI community, in this case the transgender community in Kosovo, and in our continued efforts for a free and equal society. Everyone should be guaranteed the right to freely express his / her gender identity and to be legally recognized the gender with which he / she identifies. The non-recognition of gender identity by the state of Kosovo represents a violation of the fundamental rights, namely the right to privacy, the right to a dignified life and fails to provide protection against discrimination for transgender persons.
We also insist that state institutions should be clear that Kosovo's citizens are not a homogeneous group, but belong to different social groups as reflected in our country's legislation. The needs of the transgender community are the needs of the citizens of Kosovo, so excluding them means failing to protect the rights guaranteed by the laws and the Constitution of Kosovo.
Therefore, we demand that state institutions disregard the positive obligations of the state of Kosovo for the protection of human rights and implement the practice of the European Court of Human Rights as required by Article 53 of the Constitution of Kosovo. Democracy and justice must not be exclusive, they must be built on the basis of equality and acceptance for all citizens. Now, more than ever, it is time for our institutions and society to engage genuinely to offer protection and respect for the rights of the transgender community.
Organizations:
Alter Habitus – Institute for Studies in Society and Culture, Care International in Kosovo, Kosovar Civil Society Foundation – KCSF, Shtatëmbëdhjetë, Grupi Anarko-Sindikalist i Prishtinës, Haveit, Iniciativa Kosovare per Stabilitet – IKS, Democracy for Development (D4D), KIPRED, Kosovar Youth Council - KYC, Youth Initiative for Human Rights – Kosovo (YIHR KS), Organizata Çohu / Preportr, ORCA Organizata për Rritjen e Cilësisë në Arsim, PEN – Peer Educators Network, Advocacy Training and Resource Center – ATRC, European Centre for Minority Issues Kosovo, Qendra Kosovare për Studime Gjinore- QKSGJ, Artpolis – Art and Community, Centre for Equality and Liberty – CEL Kosova, Clard Kosovo, Csgd Kosovo, Kosova Women’s Network, sbunker, Venture UP, KRCT – Kosova Rehabilitation Centre for Torture Victims, Qendra per Politika dhe Avokim, Termokiss, TOKA.
If you would like to join the call then please email us at info@cel-ks.org
