Section 90/2 of Albanian penal Code and whether it is used to protect women who have been abused by men (1998-2000) [ALB35474.E]

Section 90 of the Albanian Penal Code, entitled "Other Intentional Harm," which comes under Section Three entitled "Criminal Acts Intentionally Committed Against Health," reads as follows:

Assault as well as any other violent act, constitutes criminal contravention and is sentenced to a fine.
The same act, when causing temporary work incapacity of up to nine days, constitutes criminal contravention and it is sentenced to a fine of up to six months of imprisonment (KentLaw).

The attached 20 July 2000 report entitled A Perspective on the Women's Status published by the Albanian Helsinki Committee provides an in depth overview of the legal framework pertaining to violence against women in Albania. The report also elaborates on the attitude of the police with regard to violence against women and social initiatives undertaken in Albania to address this issue. The report states that although the Penal Code enforced on 1 June 1995 does not "specifically" punish domestic violence, other articles of the Penal Code may be used to punish this type of crime.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of sources consulted in researching this Information Request.

Reference


Government of Albania. 1995. Criminal Code of the Republic of Albania. In Rule of Law Through Technology. International Law Library: Albania-Chicago: Kent College of Law. http://pbosnia.kentlaw.edu/resources/legal/albania/crim_code.htm [Accessed 7 June 2000]

Attachment


Albanian Helsinki Committee, Tirana. April 2000. A Perspective on Women's Human Rights. http://www.ihf-hr.org/albhc.htm#publications (12 pages) [Accessed 17 Oct. 2000]

Additional Sources Consulted


IRB databases

LEXIS/NEXIS

REFWORLD

Internet sources including:

CEE Source: Law

FindLaw: Albania

Foreign International Law: Albania

International Law Library: Albania: Chicago Kent College of Law

Internet Law Library: Albania: Pritchard Law Web

Internet Legal Ressource Guide

WashLaw Web

World News Connection (WNC)

Oral Source:

One Oral source could not provide the requested information within the research deadlines.