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Women's Property Rights in Albania

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Women's Property Rights in Albania WOMEN’S PROPERTY RIGHTS IN ALBANIA SECOND EDITION 2016 WOMEN'S PROPERTY RIGHTS IN ALBANIA An Analysis of Legal Standards and their Application Second Edition 2016 Women’s property rights in Albania An Analysis of Legal Standards and their Application Copyright © UN Women 2013 UN Women Country Office Albania Rr. Skënderbej, Pall. 8, ap. 29-31, Tirana, Albania Tel: +355 4 450 2555 / 7575 Facebook: unwomenalbania Layout and design: Eduart Cani Photos: Rezart Xhelo Author of the Study: Prof. Dr. Arta MANDRO-BALILI The Women’s property rights paper has been prepared with the technical and financial support of the United Nations Entity for Gender Equality and the Empowerment of Women (UN Women), in partnership with the Ministry of Social Welfare and Youth and the Ministry of Justice. This study is another output of the cooperation between state institutions and UN Women in the framework of the Cooperation Programme between the Government of Albania and the United Nations 2012-2016. This study has been prepared and published with the financial support of the Swedish Government. The opinions expressed in this publication are those of the author and do not necessarily represent the views of UN Women, United Nations or the Government of Albania. FOREWORD This study presents an overview of women’s property rights in Albania, identifying main barriers to enjoying these rights, ranging from legal standards to daily practice. The study identifies several important measures to ensure that women property rights are properly respected and upheld, including significant measures that aim at improving law enforcement regarding property and property availability in practice. Women and girls are one of the fundamental elements of a healthy and productive society and economy, to which men and women alike can contribute to their fullest extent. Women’s opportunity to use and control production and economic resources is a key element to ensure their empowerment allowing them to take control over their lives and to fully engage as a positive force in the family, community, and society. Valuable immovable assets, including land and property, are a reserve or lifesaving boat in difficult times for owners. For women in the family context this may imply much more. Owning land or property provides protection; it provides security for the family in difficult times, enhances the bargaining power of the household and provides an opportunity for economic independence or the potential for obtaining loans to engage in entrepreneurship. Significant international agreements and human rights treaties, such as the Universal Declaration of Human Rights 1948, the Convention for the Elimination of all Forms of Discrimination against Women (CEDAW), 1979, the Charter of Fundamental Rights of the European Union, 2007, set forth provisions to safeguard women’s equal rights to land, property, housing, and economic resources to ensure a sustainable livelihood. Globally, gender inequality with respect to land and production resources ownership directly correlates with women’s poverty and their exclusion. Barriers that prevent women from accessing property or using and controlling land and property are correlated with inadequate legal standards and ineffective implementation of existing laws at the national level, as well as discriminatory cultural attitudes and practices in national institutions and communities, and Albania is no exception. The European Commission Progress Report for 2015 stresses that, “The application of property rights remains an issue to be guaranteed, while property registration, restitution and compensation processes have yet to be completed. It is necessary to further develop jurisprudence on discrimination.” Albania needs to make further progress towards implementation of the 2012- 2020 Strategy on Property Rights and Property Registration, Restitution, and Compensation Process.” Although property ownership may be a complex issue in Albania, uncertainties over property ownership require capacity strengthening within the justice system, including facilitating access to information, improving access to legal counseling and increased awareness of rights related to property titles for women and men alike. Considering that Albania is a State Party to the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW), its international commitments to reviewing and consolidating property rights regime need to be taken into consideration. UN Women has supported the Government of Albania in coordinating and guiding the development of various national strategies and approaches that directly support gender equality, including the ‘National Strategy on Gender Equality and Elimination of Gender-Based Violence & Domestic Violence’ and the ‘Cross-sector Reform Strategy and Action Plan on Property Rights (2012-2020)’. UN Women continues its efforts for Gender Equality and the Economic Empowerment of Women, to ensure that gender perspectives and needs are fully taken into account and that women’s property rights are properly respected and upheld. David Saunders, UN Women Representative Contents Acknowledgments 7 Summary of findings 8 Methodology 20 Terms and definitions 21 SECTION I: INTERNATIONAL INSTRUMENTS RATIFIED BY ALBANIA 25 1.1 The Universal Declaration Of Human Rights 26 1.2 The Convention on the Elimination of All Forms of Discrimination Against Women [CEDAW] 26 1.2.1 CEDAW General Recommendation No.21 on Equality in Marriage and in Family relations 1.3 International Convenant on Economic, Social and Cultural Rights 28 1.4 International Convenant on Civil and Political Rights 28 1.5Charter of Fundamental Rights of the European Union 29 1.6 ECHR and article1 of Protocol 1 29 1.7 The UN Convention on the Right’s of the Child 30 1.8 UN Convention on the Rights of People with Disabilities 30 1. Convention on the Elimination of All the Forms of Racial Discrimination 30 1.10 CEDAW Concluding Observations on Albania, 30 July 2010 30 1.11 Millennium Development Goals 31 SECTION II: WOMEN’S PROPERTY RIGHTS STATUS IN LEGAL DOCUMENTS AND ALBANIAN GOVERNMENT POLICIES 2.1 Historical Overview 34 2.2 Legal Documents 39 2.3 Strategic Documents 50 SECTION III. WOMEN ACCESS TO PROPERTY RIGHTS – ENJOYMENT AND DISPOSITION OF PROPERTY 3.1 Some Factual and Legal Aspects of Women’s Property Rights in Family and Marital Life 54 3.1.1 The woman's right as mother of a child in relation to: the administration of the child’s property, the use of income from the property and other decision-making related to the property 3.2 Inheritance as a Way of Acquiring Property 69 3.3 Few Contracts and their Effects on the Property Rights Acquisitions or Infringement 3.4 Women in Rural Areas and Their Challenges in Property Rights Issues 89 3.5 The Informal Buildings Process and Its Impact on Women’s Property Rights 90 3.5.1 Women and the right to housing 93 3.6 Access to Bank, Credits, Loans, Mortgages and other forms of Financial Credit 94 SECTION IV: PORTRAYAL OF WOMEN’S PROPERTY RIGHTS IN DIFEERENT STUDIES 99 4.1 Studies about Albania 100 4.2 Other interesting studies 104 SECTION V: WOMEN’S PROPERTY RIGHTS PROTECTION MECHANISMS AND THEIR 109 ACCESS 5.1 Justice System and Judicial Practice in Albania for Women’s Property Rights cases 110 The Constitutional Court and its judicial practice as safeguard of constitutional rights, including the right to property 5.3 Notary 120 5.4 Legal Protection 122 5.5 The Role of the Ombudsman, the Commissioner for protection against discrimination. NGOs Role 124 Conclusions and Recommendations 127 Footnotes 134 Annex ACKNOWLEDGMENTS This study builds on the contribution of many institutions and specialists, including judges, notaries, scholars, lawyers, representatives of institutions, civil society and international organizations. UN Women would like to thank all of them for their support in bringing practices and concrete facts, which indicate that, although the law seems to be comprehensive and equal for everyone and foresees “anti-discrimination” and generally neutral provisions, their implementation brings about different results. This implies that despite its approach oriented towards equality and anti-discrimination standards, the current legislation will remain a passive tool, unless women property rights are recognized, and unless they are claimed by both individuals and institutions through adequate and effective tools. UN Women would like to thank first and foremost the author of this study, Mrs. Arta Mandro, for her outstanding contribution and her dedication to summarizing and enriching the second edition of this paper. UN Women would like to thank the property matters specialists and experts of the National Chamber of Notaries, National Bar Association, Immovable Property Registration Office, Ministry of Justice, Ministry of Social Welfare and Youth, professional judges and civil society activists who enhanced the study with cases from the Albanian justice system and the typology of these cases, and the parties’ positions in processes related to women’s property rights. Last, but not the least, special thanks and gratitude goes to Ms. Estela Bulku and Mr. Rezart Xhelo from UN Women for their technical support and encouragement to update this study at the national level. SUMMARY OF FINDINGS This paper aims at elaborating aspects of the legal and To assess the above issues, we have relied on the study factual status of women’s property rights in Albania. The findings we have taken as reference, the judicial practice right to property has been the subject matter of many and the opinion of experts of the field, who are familiar studies conducted by other countries of the region and with the matters that apply to Albania's case. This report beyond, with a focus on ownership rights to immovable strongly focuses on judicial practices regarding not only property, and particularly to land as such1. In the quantity but also quality. Such focus on the judicial meantime, aspects of such rights and the status of the practice is naturally driven by the fact that although the women are mentioned in study reports developed for legislation related to the property enjoyment and Albania.
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