Abstract
The recognition, the respect for human rights and fundamental freedoms, the protection of human dignity and personality are the basic principles on which is based on the welfare state and the rule of law. This principle imposes the Albanian state to develop and adopt a comprehensive legal framework, so that any individual or group of individuals to have effectively these constitutional and legal rights. This article analyzes the legal framework for protection from discrimination based on sexual orientation in society. Its main focus is the protection from discrimination based on sexual orientation (LGBT community) in their labor relations, in their role as an employee and an employer. The article offers a general view to the evolution of the legal framework, since the first constitutional provisions in this field up to the lastest provisions related to the obligations of the Albanian state derived from memberships in various organizations focusing on the human rights and freedoms. In the end, the article will give the conclusions and recommendations related to the absences of our legal framework on current protection from sexual orientation discrimination on labor relations. DOI: 10.5901/mjss.2014.v5n20p447
Highlights
Social economic development has always accompanied changes of human beings
It is worth mentioning that in Albania until 2001, homosexuality was considered a crime envisaged by Article 116 of the Criminal Code
3.1 Stabilization and Association Agreement 9 In Title V Stabilization and Association Agreement defines institutional and legal obligation must meet Albanian state regarding the free movement of workers and capital, as two of the freedoms on the basis of which the European Community was founded .Albanian state engages to respect the rights of every Albanian citizen who is lawfully employed in the territory of every Member State of the European Union, eliminating each form of discrimination
Summary
Social economic development has always accompanied changes of human beings. Different points of view have been integrated with social movements. The new forms of discrimination are part of our everyday life and are been expressed in different ways. The principle of equality and non discrimination is clearly affirmed in the key acts, such as: Constitution, Labor Code etc. Even though, these acts protect every one and offer the same protection to each human being, the discrimination in labor relations exists. The discrimination based on sexual orientation is a new form of discrimination in Albania This is the main reason why the acts that are part of this article, do not have an expressed protection for this community. The article analyzes the most important acts in the field of labor relations and their level of protection for the LGBT community
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