Section 1. Respect for the Integrity of the Person, Including Freedom from:
f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence
The constitution and laws prohibit arbitrary or unlawful interference with privacy, family, home or correspondence, but there were reports that the government failed to respect those prohibitions. The Tirana Prosecution Office referred two cases to trial after conducting investigations.
Section 2. Respect for Civil Liberties, Including:
Academic Freedom and Cultural Events
There were no government restrictions on academic freedom or cultural events.
d. Freedom of Movement
The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.
In-country Movement: To receive government services, citizens changing place of residence within the country must transfer their civil registration to their new community and prove the legality of their new domicile through property ownership, a property rental agreement, or utility bills. Many individuals could not provide documentation and thus lacked access to public services. Other citizens, particularly Roma and Balkan-Egyptians, lacked formal registration in the communities where they resided. The law does not prohibit their registration, but it was often difficult to complete. Many Roma and Balkan-Egyptians lacked the financial means to register. In September media reported on cases in which the Interior Ministry, while preparing voter lists for national elections scheduled for April 2021, had transferred the residency of some citizens without their knowledge. The ministry corrected a number of these transfers.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: Rape, including spousal rape, is a crime; the law also includes provisions on sexual assault. Penalties for rape and sexual assault depend on the age of the victim. For rape of an adult, the penalty is three to 10 years in prison. The government did not enforce the law effectively. Authorities did not disaggregate data on prosecutions for spousal rape. The concept of spousal rape was not well understood, and authorities often did not consider it a crime.
The law on domestic violence extends protection to victims in a relationship or civil union and provides for issuance of a protective order that automatically covers children as well. In November the Assembly amended the law to provide for ordering the abuser to leave the premises of the victim. Police operated an automated application issuance process within the police case management system, which allows for rapid issuance of protective orders and produces a record of orders issued. Through November the system was used to document the generation of 2,324 protective orders.
In April the Ministry of Health and Social Protection approved a protocol for operating shelters for victims of domestic violence and trafficking during the COVID-19 pandemic. The protocol provides services to victims of domestic violence and trafficking while following guidance on social distancing. The ministry posted a video message reminding citizens to report any case of suspected domestic violence and provided a hotline and police number on its web page.
As of November, investigators and prosecutors had registered 81 cases of alleged sexual assault. Also through November, investigators and prosecutors registered 4,313 cases of domestic violence, six of which were murders. UNICEF reported 370 cases of domestic violence through August, with fewer cases referred in 2020 than in 2019. NGOs reported high levels of domestic violence against women. According to a 2018 survey of women between the ages of 18 and 74 that the UN Development Program released in March 2019, 52.9 percent of women surveyed reported having been subjected to violence or sexual harassment during their lifetimes.
The government operated one shelter to protect survivors of domestic violence and three shelters for victims of human trafficking that also accommodated victims of domestic violence. In 2018 the government began operating a crisis management center for victims of sexual assault at the Tirana University Hospital Center. The Ministry of Health and Social Protection reported that as of December, the center had treated 20 victims, 14 of whom were minors.
Sexual Harassment: The law prohibits sexual harassment, but officials rarely enforced it. The commissioner for protection from discrimination generally handled cases of sexual harassment and could impose fines.
Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children. There are no legal barriers to access to contraceptives, which are provided free of charge to insured women. Nevertheless, women and girls often did not use this right for a variety of reasons, including fear of stigma from health-care service providers and members of their community. Some women and girls, particularly those living in remote, rural areas, faced significant challenges in accessing essential sexual and reproductive health services. Women from disadvantaged and marginalized groups, such as women with disabilities, LGBTI community members, Roma, and Balkan Egyptian women, were often unaware of their rights to reproductive health services.
In 2018 the Ministry of Health and Social Protection established the Lilium Center with the support of UNDP to provide integrated services to survivors of sexual violence. The center is in a hospital setting and provides health care services, social services, and forensic examinations at a single location by professionals trained in cases of sexual violence. The center functions are based on the model adopted by the Albanian National Council for Gender Equality.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: The law provides the same legal status and rights for women as for men, but the government did not enforce the law effectively. Women were underrepresented in many fields at the highest levels. The law mandates equal pay for equal work, although many private employers did not fully implement this provision. In many communities, women experienced societal discrimination based on traditional social norms subordinating women to men.
There were reports of discrimination in employment. Through August the commissioner for protection from discrimination received 83 complaints of employment discrimination, 54 of which were against public entities and 29 against private entities. The complaints alleged discrimination based mainly on political affiliation, health conditions, or disability. The commissioner ruled in favor of the employee in nine cases, five of which were against public entities and four against private entities. Through August the commissioner had received 11 complaints of discrimination on the basis of gender and ruled in favor of the employee in one case. In that case, the commissioner for protection from discrimination ruled against the Trans Adriatica Spiecapag company for dismissing a female employee due to her pregnancy, status as a parent, and gender.
Gender-biased Sex Selection: According to official figures, in 2019 the ratio of boys to girls at birth was 108 to 100. There were no government-supported efforts to address the imbalance.
Section 7. Worker Rights
c. Prohibition of Child Labor and Minimum Age for Employment
The law sets the minimum age of employment at 16 but allows children at the age of 15 to be employed in “light” work that does not interfere with school. Children younger than 18 may generally only work in jobs categorized as “light.” Children may work up to two hours per day and up to 10 hours per week when school is in session, and up to six hours per day and 30 hours per week when school is not in session. Children who are 16 or 17 may work up to six hours per day and up to 30 hours per week if the labor is part of their vocational education. By law, the State Inspectorate for Labor and Social Services (SILSS), under the Ministry of Finance and Economy, is responsible for enforcing minimum age requirements through the courts, but it did not adequately enforce the law.
Labor inspectors investigated the formal labor sector, whereas most child labor occurred in the informal sector. Children engaged in gathering recyclable metals and plastic, small-scale agricultural harvesting, selling small goods in the informal sector, serving drinks and food in bars and restaurants, the clothing industry, and mining. There were reports that children worked as shop vendors, vehicle washers, textile factory workers, or shoeshine boys. There were isolated reports of children subjected to forced labor in cannabis fields in 2019. The number of children engaged in street-related activities (such as begging or selling items) increased during the summer, particularly around tourist areas.
Children were subjected to forced begging and criminal activity. Some of the children begging on the street were second- or third-generation beggars. Research suggested that begging started as early as the age of four or five. While the law prohibits the exploitation of children for begging, police generally did not enforce it, although they made greater efforts to do so during the year. In several cases, police detained parents of children found begging in the street and referred children for appropriate child services care. The State Agency on Children’s Rights continued to identify and manage cases of street children identified by mobile identification units.
In 2013, the most recent year for which statistics were available, the government’s statistical agency and the International Labor Organization estimated that 54,000 children were engaged in forced labor domestically. An estimated 43,000 children worked in farms and fishing, 4,400 in the services sector, and 2,200 in hotels and restaurants. Nearly 5 percent of children were child laborers.
SILSS did not carry out inspections for child labor unless there was a specific complaint. Most labor inspections occurred in shoe and textile factories, call centers, and retail enterprises; officials found some instances of child labor during their inspections. Penalties were rarely assessed and were not commensurate with those for other serious crimes. As of July, SILSS reported 101 children under the age of 18 registered to work, 88 percent of whom were in manufacturing enterprises.
The NGO Terre des Hommes reported that the COVID-19 pandemic may have worsened child labor violations. Restriction of movement and other measures against COVID-19 produced new exploitation trends, such as door-to-door begging and afternoon and night street work.