The Family “Diverse” but not Natural: The Case of Albania

Abstract

The question and mostly the debate on marriage between persons of the same sex touches two fundamental principles: the equal sign of the rights and the rejection of any form of discrimination, in particular, as it pertains to personal identity. The approach to the intolerant phenomenon is of ancient date in the Albanian juridical and social environment. Furthermore, it is an approach that has nothing to do and therefore should not be identified with the political history that has living Albanian society. First, this was intolerance as mentality, as an act, then become legal precept. First, this was intolerance as mentality, as an act, then become a normative rule. Initially, it was homophobia and after the rule of law. In other words, it was a mix of ultra-conservative traditions with orient-atheist foundations and the ius naturalist vision of the rights, which classifies what is natural and non-natural base on legal topics. So there are two questions to be resolved: 1-from a legal standpoint, is it justifiable the rejection of gay marriage?; 2- do homosexual couples , enjoy the right to have a recognized civil family?

DOI: 10.5901/mjss.2013.v4n10p76