Blert Morina, has submitted the request to change the name and gender marker in the identification documents, so that they reflect his gender identity. The Civil Registry Office in Gjakovë and the Civil Registration Agency have rejected this request, violating Blerti’s right to privacy and the obligations for the protection of human rights arising from the Constitution of Kosovo and the laws in force.
The lawsuit for the administrative conflict was submitted to the Basic Court in Pristina, but this lawsuit, in this case, is an ineffective legal tool due to the delay of the judicial procedures and the special circumstances of the case. For this reason, a request for constitutional review has been submitted to the Constitutional Court, which would have to be accepted for review by the Constitutional Court because in this particular case the lawsuit in the Basic Court does not represent an effective legal remedy in the sense of Article 32 of the Constitution of Kosovo and Article 13 European Convention on Human Rights, also does not ensure the addressing of human rights violations within a reasonable time according to Article 31 of the Constitution of Kosovo and Article 6 of the European Convention on Human Rights.
Through this statement, we strongly support the request of Blert Morina for the recognition of his gender identity in the identification documents and at the same time we support his request filed in the Constitutional Court, for the review of the constitutionality of the decision of the Civil Registration Agency with which it was rejected his request to change his name and gender marker.
We stand united in solidarity with the members of the LGBTI communities, in this case the transgender community in Kosovo, and in the ongoing 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 as the gender with which he/she identifies. The non-recognition of gender identity by the Kosovo state represents a violation of fundamental rights, namely, the right to privacy, the right to a dignified life, and fails to offer protection from discrimination to transgender persons.
We also insist that the state institutions should be clear that the citizens of Kosovo are not a homogeneous group, but belong to different social groups as reflected in the legislation of our state. The needs of the transgender community are the needs of the citizens of Kosovo, therefore their exclusion means a failure to protect the rights guaranteed by the laws and the Constitution of Kosovo.
Therefore, we request that the state institutions consider the positive obligations of the state of Kosovo for the protection of human rights and implement the practice of the European Court for Human Rights as required by Article 53 of the Constitution of Kosovo. Democracy and justice should not be exclusive, they should 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 truly commit to providing 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, Seventeen, Anarcho-Syndicalist Group of Pristina, Haveit, Kosovar Initiative for Stability – IKS, Democracy for Development (D4D), KIPRED, Kosovar Youth Council – KYC, Youth Initiative for Human Rights – Kosovo (YIHR KS), Organization Çohu / Preportr, ORCA Organization for Increasing Quality in Education, PEN – Peer Educators Network, Advocacy Training and Resource Center – ATRC, European Center for Minority Issues Kosovo, Kosovo Center for Gender Studies – KKSGJ, Artpolis – Art and Community, Center for Equality and Liberty – CEL Kosova, Clard Kosovo, Csgd Kosovo, Kosova Women’s Network, sbunker, Venture UP, KRCT – Kosova Rehabilitation Center for Torture Victims, Center for Politics and Advocacy, Termokiss, TOKA.
If you wish to join the call, then please write to us at info@cel-ks.org
