Albania

Albania is a constitutionally secular country in the western Balkans with a population of 2.8 million people.[ref]“Albania”, World Bank Open Data. Accessed 1 July 2024, https://data.worldbank.org/country/albania[/ref] According to the 2011 census, the religious demography of the country constitutes a Muslim majority (56.7%), Roman Catholic (10%), and Albanian Orthodox (6.8%). The same census data lists 2.5% of the population as atheist, a further 16.2% of the population did not specify, leading some to speculate that the number of non-believers is higher than recorded.[ref]”Albania”, The World Factbook, CIA, updated 25 June 2024, https://www.cia.gov/the-world-factbook/countries/albania/#people-and-society; “Sot MBYLLET censusi, dyshimet mbeten”, TEMA, 21 October 2011, http://www.gazetatema.net/2011/10/21/sot-mbyllet-censusi-dyshimet-mbeten/ (in Albanian)[/ref] A UNDP study conducted in 2018, indicates that only 37% of Albanians consider themselves to be practising.[ref]UNDP, Religious Tolerance in Albania, 26 April 2018, https://www.undp.org/albania/publications/religious-tolerance-albania[/ref]

The Constitution and legal system along with a secular education system protects universal human rights. However there are agreements with religious groups in place that provide a number of privileges to those groups including tax-exemption status.

The state is secular, with separation of religious and political authorities, not discriminating against any religion or belief
Insufficient information or detail not included in this report

Countries: no countries relate to this boundary condition

Religious or ideological instruction is mandatory in all or most state-funded schools with no secular or humanist alternative
Insufficient information or detail not included in this report
Religious courts or tribunals rule directly on some family or ‘moral’ matters; it is legally an opt-in system, but the possibility of social coercion is very clear
Insufficient information or detail not included in this report
Insufficient information or detail not included in this report

Countries: no countries relate to this boundary condition

No condition holds in this strand
No condition holds in this strand
No condition holds in this strand
No condition holds in this strand

Countries: no countries relate to this boundary condition

Localised or infrequent but recurring and widespread social marginalisation or prejudice against the non-religious

This condition is unusual in that it is applied in cases where there is some social discrimination, but it is not pervasive or nationwide. This condition is applied when there is sufficient background evidence to warrant the assertion that discrimination is not anomalous but widespread, and this condition may be applied for example even where if there is no legislative discrimination or where the non-religious may have legal recourse against such discrimination. However, societal discrimination (i.e. discrimination by peers, as opposed to state or legal discrimination) is not easily measured, and for this reason the Report does not currently have similar more severe boundary conditions to capture higher levels of social discrimination per se. In principle these may be introduced in future. However, we consider that countries with actual higher levels of social discrimination against the non-religious will generally already meet other higher level (more severe) boundary conditions under this thematic strand.

The dominant influence of religion in public life undermines the right to equality and/or non-discrimination

Applied when the influence of religion on public life undermines others’ rights, such as SRHR, women’s rights, LGBTI+ rights.

May be applied when the influence is overt (i.e. when religious laws are applied to undermine others’ rights) or covert (i.e. where religious pressure groups exert influence to affect policy)

Use of Conscientious Objection clauses resulting in the denial of lawful services to women and LGBTI+ people
Complete tyranny precludes all freedoms of expression and thought, religion or belief

Applied when overriding acts of oppression by the State are extreme, to the extent that the question of freedom of thought and expression is almost redundant, because all human rights and freedoms are quashed by authorities.

Countries: Afghanistan, North Korea

The non-religious are barred from some government offices (including posts reserved for particular religions or sects)
There is a nominal state church with few privileges or progress is being made toward disestablishment
Religious or ideological indoctrination is utterly pervasive in schools
Expression of non-religious views is severely persecuted, or is rendered almost impossible by severe social stigma, or is highly likely to be met with hatred or violence
The non-religious are persecuted socially or there are prohibitive social taboos against atheism, humanism or secularism
There is significant social marginalisation of the non-religious or stigma associated with expressing atheism, humanism or secularism
Expression of core Humanist principles on democracy, freedom and human rights is brutally repressed
Religious authorities have supreme authority over the state
State legislation is partly derived from religious law or by religious authorities
Preferential treatment is given to a religion or religion in general

This condition is applied where there are miscellaneous indicators that organs of the state offer various forms of support for a religion, or to religion in general over non-religious worldviews, suggesting a preference for those beliefs, or that the organs of that religion are privileged.

Religious or ideological instruction in a significant number of schools is of a coercive fundamentalist or extremist variety

This condition highlights countries where schools subject children to fundamentalist religious instruction with no real opportunity to question fundamentalist tenets, or where lessons routinely encourage hatred (for example religious or ethnic hatred). The wording “significant number of schools” is not given a rigid quantification (sometimes the worst-offending schools are unregistered, illegal, or otherwise uncounted); however the condition is not applied in cases where only a small number of schools meet the description and may be anomalous, as opposed to being indicative of a widespread problem.

State-funded schools provide religious education which may be nominally comprehensive but is substantively biased or borderline confessional
There is a pattern of impunity or collusion in violence by non-state actors against the non-religious
Some religious courts rule in civil or family matters on a coercive or discriminatory basis
‘Apostasy’ or conversion from a specific religion is outlawed and punishable by death
‘Apostasy’ is outlawed and punishable with a prison sentence
State legislation is largely or entirely derived from religious law or by religious authorities
Religious or ideological instruction is mandatory in at least some public schools (without secular or humanist alternatives)
Government figures or state agencies openly marginalize, harass, or incite hatred or violence against the non-religious
‘Blasphemy’ or criticism of religion is outlawed and punishable by death
Quasi-divine veneration of a ruling elite is enforced, or a single-party regime holds uncontested power, subject to severe punishment
Legal or constitutional provisions exclude non-religious views from freedom of religion or belief
It is illegal to register an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization, or such groups are persecuted by authorities
It is illegal to advocate secularism or church-state separation, or such advocacy is suppressed
The non-religious are barred from holding government office
There is a religious tax or tithing which is compulsory, or which is state-administered and discriminates by precluding non-religious groups
It is illegal or unrecognised to identify as an atheist or as non-religious
Some concerns about children's right to specifically freedom of religion or belief

This condition may apply if specifically religious education, religious materials, or specific religious denominations are so tightly controlled that children are in fact over-protected from exposure to religion and are likely unable to explore or construct their own worldview in accordance with their evolving capacities. This condition helps us to classify states (perhaps with secular constitutions) which have criminalized specifically religious beliefs or practices. This condition is not applied if the restricted beliefs or practices are found to be outlawed due to their being of an extremist variety. While this condition does not directly reflect discrimination against non-religious persons or non-religious ideas, it does represent an overall threat to freedom of thought, conscience, religion or belief; such restrictions could spill over to affect non-religious beliefs later; and they pose a risk of backlash against over-zealous secular authorities or even against non-religious individuals by association.

It is made difficult to register or operate an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization
 
Severe Discrimination
Systemic Discrimination
Mostly Satisfactory
Free and Equal

Constitution and government

The preamble of the Constitution of the Republic of Albania[ref]”Constitution of the Republic of Albania” 1998, OSCE, https://www.osce.org/files/f/documents/3/2/41888.pdf (accessed 1 July 2024)[/ref] sets the tone for the rights that follow stating:

“[w]e, the people of Albania, proud and aware of our history, with responsibility for the future, and with faith in God and/or other universal values with determination to build a social and democratic state based on the rule of law, and to guarantee the fundamental human rights and freedoms, with a spirit of religious coexistence and tolerance, with a pledge to protect human dignity and personhood, as well as for the prosperity of the whole nation, for peace, well-being, culture and social solidarity, with the centuries-old aspiration of the Albanian people for national identity and unity, with a deep conviction that justice, peace, harmony and cooperation between nations are among the highest values of humanity…”

However, while the Constitution protects religious communities and confirms the neutrality of the state with regards to questions of beliefs and conscience, it doesn’t explicitly protect non-religious communities. It makes explicitly clear that the equality and independence of religious communities is to be respected by the State and its citizens; this statement specifically identifies religious communities and mentions nothing of the non-religious.

Article 10(2), however, says that, “[t]he state is neutral in questions of belief and conscience, and also, it guarantees the freedom of their expression in public life.” Therefore, the expression of any belief is constitutionally protected, religious or otherwise.

Article 10(5) states that, “[r]elations between the state and religious communities are regulated on the basis of agreements entered into between their representatives and the Council of Ministers. These agreements are ratified by the Assembly.” As such, the government has distinct agreements with the Sunni Muslim and Bektashi (a form of Shia Sufism) communities, the Catholic and Orthodox Churches, and the Evangelical Brotherhood of Albania (VUSH), a Protestant umbrella organization. These bilateral agreements codify arrangements pertaining to official recognition, property restitution, tax exemptions on income, donations and religious property, and exemption from submitting accounting records for religious activities. The law stipulates the government will give financial support to faith communities, but the government’s agreement with the VUSH under the law does not specifically designate it to receive such funding.[ref]”Albania” in 2022 Report on International Religious Freedom, Office of International Religious Freedom, U.S. Department of State, https://www.state.gov/reports/2022-report-on-international-religious-freedom/albania/, accessed 1 July 2024[/ref]

Subsequent articles of the Constitution enshrine the rights to freedom of conscience and religion (Article 24), freedom of expression (Article 22), association (Article 46) and assembly (Article 47).

Several articles of the Criminal Code prohibit “acts against religious freedom”, including obstructing an individual’s ability to practise a religion (Article 133), obstructing activities of a religious organization (Article 131) or wilfully destroying objects of worship (Article 132).The offences carry penalties of up to three years in prison or a fine.[ref]”Albania” in Blasphemy, insult and hatred: finding answers in a democratic society (Strasbourg: Council of Europe, 2010), p 151, https://www.venice.coe.int/webforms/documents/?pdf=CDL-STD(2010)047-e (accessed 1 July 2024)[/ref]

Official attitudes towards the non-religious

Reports indicate that official attitudes towards the non-religious have become increasingly negative, with the derogatory slur “pa fe” (translating to “without faith” with the same connotation as “infidel”) being used by high-level politicians against their opponents. This was the case in May 2020 when the current Prime Minister Rama banned public prayer in public squares during Eid al-Fitr.[ref]”Rama ndaloi faljen në sheshe, reagon Berisha: Një akt prej narkodiktatori ateist! Kërkon të dalë mbi Zotin”, RD, 23 May 2020, https://rd.al/rama-ndaloi-faljen-ne-sheshe-reagon-berisha-nje-akt-prej-narkodiktatori-ateist-kerkon-te-dale-mbi-zotin/ (accessed 1 July 2024); “Rama: Ja ku ndryshon Sali Berisha nga Gramoz Ruçi”, Fjala, 7 May 2020, https://fjala.al/2020/05/07/rama-ja-ku-ndryshon-sali-berisha-nga-gramoz-ruci/ (accessed 1 July 2024)[/ref] Anecdotal evidence suggests that the term “atheist” tends to be used by politicians as a pejorative term to reference totalitarian communism. This is likely explained by the fact that the Republic of Albania was previously ruled by Marxist-Leninist government between 1946-1992. During this period, religious groups suffered persecution and out-right bans.[Abazi, Enika. 2023. “Importing Religion into Post-Communist Albania: Between Rights and Obligations” Religions 14, no. 5: 658. https://doi.org/10.3390/rel14050658]

Education and children’s rights

According to the Ministry of Education, public schools are secular and the law prohibits ideological and religious indoctrination. While religious education is not permitted, the law does permit the teaching of the history of religion or comparative religions as part of a humanities curriculum.[ref]”Albania” in 2022 Report on International Religious Freedom, Office of International Religious Freedom, U.S. Department of State, https://www.state.gov/reports/2022-report-on-international-religious-freedom/albania/, accessed 1 July 2024[/ref]

Religious groups, including Muslims and Catholic and Orthodox Christian, run 113 State-licensed educational institutions from kindergarten to university level. These private schools may teach religion, all non-religious curricula must comply with national education standards. Most – but not all – of these institutions offer religion classes as an elective.[ref]”Albania” in 2022 Report on International Religious Freedom, Office of International Religious Freedom, U.S. Department of State, https://www.state.gov/reports/2022-report-on-international-religious-freedom/albania/, accessed 1 July 2024[/ref]

Family, community and society

Registration of Religious Groups

The government does not require registration or licensing of religious groups; however, a State committee maintains records on foreign religious organizations that solicit its assistance.

Registration grants religious groups the right to hold bank accounts and own property, as well as some level of tax-exempt status. The four traditional religious communities signed agreements with the government in 2008 granting them wider tax exemptions and other privileges. [ref]”Albania” in 2022 Report on International Religious Freedom, Office of International Religious Freedom, U.S. Department of State, https://www.state.gov/reports/2022-report-on-international-religious-freedom/albania/, accessed 1 July 2024[/ref]

It remains unclear whether similar advantages could be obtained by specifically secular worldview organizations.

Women’s Rights

Women in Albania suffer from a highly patriarchal cultural environment, with strict gender roles and a “honour and shame” system.[ref]Dr. Robin Haarr, “Research Brief: Violence Against Women and Girls in Albania”, UNDP, April 2019, https://www.undp.org/sites/g/files/zskgke326/files/migration/al/Research-Brief-VAW.pdf (accessed 5 September 2024)[/ref] Domestic violence is widespread and highly underreported due societal pressures, victim blaming and the poor equipment of police to deal with such issues.[ref]”Albania” in Freedom in the World Report 2023, Freedom House, https://freedomhouse.org/country/albania/freedom-world/2023 (accessed 1 July 2024)[/ref] According to Amnesty International, “Although pervasive, gender-based discrimination at work, including sexual harassment, remained greatly underreported.[…] Only 19% of women owned property due to poor implementation of the property registration law and a patriarchal tradition that favours male inheritance.”[ref]”Albania”, Amnesty International Report 2023/24, Amnesty International, https://www.amnesty.org/en/location/europe-and-central-asia/albania/report-albania/ (accessed 5 September 2024)[/ref]

Sexual health and reproductive rights

Abortion was legalised in Albania in 1995 and is available on demand for up to 12 weeks. After the 12 week mark medical and “social” reasons provide grounds for abortion until week 22, which is judged by 3 doctors for medical reasons, or a doctor, a social worker, and a lawyer for social reasons.[ref]”Albania” in Stories about Abortion and Sexuality, https://shhh-stories.com/albania (accessed 1 July 2024)[/ref]

Sex-selective abortion is a persistent issue in Albania, who ranks 4th globally for the imbalance between female and male births.[ref]Tirana (AFP), “‘Missing’ girls: selective abortion in Albania fuels gender gap”, France24, 6 February 2024, https://www.france24.com/en/live-news/20240206-missing-girls-selective-abortion-in-albania-fuels-gender-gap[/ref] The practice is reportedly driven by patriarchal inheritance traditions and misogynistic attitudes that see having a daughter as negative, while having a son as good luck for the family.[ref] Marjola Rukaj, “Selective abortion in Ablania, Osservatoria balcani e caucaso transeuropa, 27 January 2012, https://www.balcanicaucaso.org/eng/Areas/Albania/Selective-abortion-in-Albania-107910 (accessed 1 July 2024)[/ref]

LGBTI+ rights

Members of the LGBTI+ community are reported to conceal their sexual identities in order to avoid ostracism and discrimination.[ref]”Country policy and information note: sexual orientation and gender identity and expression, Albania, December 2022″, Home Office, Government of the United Kingdom, https://www.gov.uk/government/publications/albania-country-policy-and-information-notes/country-policy-and-information-note-sexual-orientation-and-gender-identity-albania-december-2019-accessible, updated December 2020 (accessed 1 July 2024); “Patriarchal Albania offers little compassion for same-sex relationships”, Reuters, 9 March 2021, https://www.reuters.com/article/idUSKBN2B11FB/ (accessed 1 July 2024) [/ref]

Same-sex marriages are not recognised, same-sex adoption is limited to single only, conversion therapy is not banned, changing gender is illegal and non-binary gender recognition is not legally recognized.[ref]”Albania” in Rainbowmap, Ilga Europe, https://rainbowmap.ilga-europe.org/countries/albania/ (accessed 1 July 2024)[/ref]

Hate speech against the LGBTI+ community is reportedly normalized by religious groups, public figures and the media.[ref]”Country policy and information note: sexual orientation and gender identity and expression, Albania, December 2022″, Home Office, Government of the United Kingdom, https://www.gov.uk/government/publications/albania-country-policy-and-information-notes/country-policy-and-information-note-sexual-orientation-and-gender-identity-albania-december-2019-accessible, updated December 2020 (accessed 1 July 2024)[/ref] A 2021 study by the Council of Europe found that two thirds of incidents of hate speech in the country were directed at LGBTI+ people.[ref]Bogdani, M. P., Faloppa, F., Karaj, X., Beyond definitions: A call for action against hate speech in Albania, (Strasbourg: Council of Europe, November 2021), https://rm.coe.int/beyond-definitions-eng/1680a464b2 (accessed 1 July 2024)[/ref] In November 2021, pastor Akil Pano, founder of the Coalition for the Tradition Family organised a church event on conversion and interview on national TV, advertising the ability of the church to cure homosexuality.[ref]”Country policy and information note: sexual orientation and gender identity and expression, Albania, December 2022″, Home Office, Government of the United Kingdom, https://www.gov.uk/government/publications/albania-country-policy-and-information-notes/country-policy-and-information-note-sexual-orientation-and-gender-identity-albania-december-2019-accessible, updated December 2020 (accessed 1 July 2024)[/ref]

Freedom of expression, advocacy of humanist values

While the Constitution guarantees freedom of expression, Albania lacks strong, independent media. Most media outlets are seen as proxies for one or other of the two main political parties.[ref]”Albania” in Freedom in the World Report 2023, Freedom House, https://freedomhouse.org/country/albania/freedom-world/2023 (accessed 1 July 2024)[/ref] Reporters have little job security and are vulnerable to lawsuits, intimidation, and even physical attacks by those facing media scrutiny. Journalists critical of the government have experienced official harassment, physical attacks, death threats, and other forms of intimidation. Women journalists, who constitute the majority, reportedly face additional online harassment and gender-based discrimination.[ref]”Albania” in World Press Freedom Index 2023, Reporters Without Borders, https://rsf.org/en/country/albania (accessed 1 July 2024)[/ref]

Testimonies

“While the laws in Albania protect freedom of expression, my experience shows that the culture isn’t so open. People are highly superstitious, whether Christian or Muslim, religious tolerance is often extended toward other abrahamic religions but not to those of no religion. Coming from a conservative catholic family, my experience coming out as an atheist was liberating but very difficult. Those in my circle questioned my sanity, distrusted me, and even claimed I was possessed, all because I expressed my scepticism. Just like that, I went having the approval of my community, to having my reputation tarnished, something I hadn’t expected to happen to such an extreme degree. As a woman, these effects were exacerbated due to the expectation that I should obey and keep quiet, following whatever opinion my husband and family held, especially on such topics.”

— Anila