Sexual orientation, gender identity and non-discrimination - The Albanian labor legislation and its effects on employment and vocational training potentials

Abstract

Albania is undergoing an important moment in its integration process to European Union. In this context, the Albanian legislation should compare with the best international standards, in guaranteeing the implementation of the rule of law, democratic principals, the citizen’s equity and the observance of fundamental human rights and freedoms. The promotion, protection and the guaranteeing of the fundamental rights and freedoms of the individual, including the LGBT person’s rights, must have the same attention and consideration, irrespective of the fact that the individual is being part of a social minor group, or part of the majority of the society. The community of the Lesbians, Gays, Bisexuals and Transgender (LGBT) in Albania, based on the legislation in force, should enjoy equal rights and freedoms like all other members of the society. The Constitution of the Republic of Albania, the Albanian labour legislation and the legislation generally, are inspired in accordance with the non-discrimination principles, objectives and definitions of international acts, promoting and expressing protection of human rights and freedoms in general, and in particular in the field of employment and vocational training. This paper will analyze, if the sexual orientation, is one of the causes of discrimination for employment and vocational training, in Albanian legislation, especially how it is expressed this issue on the Constitution of the Republic of Albania, the Albanian Labour Code, the Albanian law “On the protection against discrimination” ect.