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Ministry of Labour, Social Affairs and Equal Opportunities NATIONAL STRATEGY FOR GENDER EQUALITY AND DOMESTIC VIOLENCE 2007-2010 1 FOR A SOCIETY WITH GENDER EQUALITY AND WITHOUT VIOLENCE In July 2006, the Ministry of Labour, Social Affairs and Equal Opportunities (MOLSAEO) took the initiative to develop the National Strategy on Gender Equality and against Domestic Violence, and Action Plan. This strategy reconfirms the political commitment of the Albanian Government to support the achievement of gender equality through harmonising policies of the government in this regards and working in partnership with civil society. Gender Equality is a fundamental right, and is a common value of the countries of European Union. With the goal of eventual EU integration for Albania, gender equality is a necessary condition for EU Accession and is required to fulfill the MSA objectives on employment and social cohesion, signed by Albania in June 2006. Many skilled women in Albania have achieved high levels of education, have advanced within the labour market and are now key players in Albanian public life. Despite this, inequality remains a challenge for Albanian society, hindering many women's advancement, who face the dilemma of balancing their roles between the quiet upbringing of the children and career development. This is in part due to the absence of suitable working hours, required social services, traditional gender stereotypes and the unequal distribution of household responsibilities due to the existence of a patriarchal culture. In Albanian society today one can also notice an increase of domestic violence, which is practised more against women, children and elderly. Studies show that violence is manifested in all forms: psychological violence, the most common form of domestic violence; economic violence, which mainly occurs in urban zones; physical violence, which mainly occurs in rural zones; and sexual violence, which is difficult to monitor as this is seldom reported to authorities. Age groups vulnerable to domestic violence are 18 to 23 and 37 to 45 years of age, and among the most vulnerable are disabled women, migrant women, Roma women and rural women. The development of the National Strategy for Gender Equality and Eradication of Domestic Violence is dictated by the need to improve women's status in Albania, overcoming barriers and traveling over the long and arduous road towards gender equality. The strategy is needed to support harmonization of policies with international standards outlined in the Fourth World Conference on Women in Beijing in 1995 and subsequent Platform for Action, the Beijing +5, +10, MDGs, and the process of aligning Albanian legislation with that of the EU. This strategy aims to improve progress in realising gender equality and increasing women's decision-making different fields as it clearly predicts policies and means in achieving of these policies for every identified field. 2 The aim of the strategy is to present the institutional mechanisms and interventions for mainstreaming gender issues into broader public policies, thereby alleviating gender inequality and also, preventing domestic violence. The Strategy consists of two parts: I) Gender Equality and; II) Eradicating Domestic Violence – two topics which are closely related but each with their own specificities. The main objectives of the Strategy are based on current realities in the country, while trying to address the most disturbing problems facing Albanian society. These objectives are based on an analysis of the situation of 12 prefectures in the country, and reviewing the latest studies produced by government, civil society, gender equality and domestic violence experts. The Strategy adheres to the international standards upheld in the Beijing Platform for Action, Convention of the Elimination of All Forms of Discrimination against Women (CEDAW), and the Millennium Development Goals, etc. The Strategy was developed using a participatory and inclusive process. This process included the project design by the working groups composed of central and local institutions' representatives, experts on gender issues, etc. and later on discussion of the project among stakeholders. In line with that, a number of activities were organized which added up to the project on the Strategy for prevention of Domestic Violence and its action plan, in November 2006 as well as the Strategy on Gender Equality project and the National Conference on ―Gender Equality, Social Cohesion and Equal Opportunities in February 2007. The National Strategy for Gender Equality and the Eradication of Domestic Violence is accompanied by a National Action Plan which includes the overall objectives of the Strategy, implementing measures, budgets, indicators and time frame for implementation. The National Plan also specifies which institutions are responsible and involved in implementation of each action. This important document, jointly with the approved latest laws, such as Law No. 9669, dated 18.12.2006, ―For measures against violence in family relations,‖ and Law no. 9198, dated 01.07.2004, ―For an equal gender society,‖ which is in the process of amendment compile an important political and legal frame work for progress toward gender equality and family free of violence. Certain key international organizations played an important role in compiling the Strategy – UN (UNFPA, UNIFEM, UNICEF, UNDP) and OSCE, whom I use this opportunity to greet and show my gratitude for the technical and financial support provided. I would like to give special thanks to the Prime Minister of Albania, Mr Sali Berisha, who strongly supported this initiative and honoured with his presence at the National Conference on Equal Opportunity, where the Gender Equality Strategy and Action Plan 3 were presented, reconfirming once again the importance of the Government Program for gender equality issues. I also must thank Mrs Marieta Zaçe, Deputy Minister of Labour, Social Affairs and Equal Opportunities, for her leading role and dedicated and serious work on the elaboration of this important document, coordination group of the project for compiling of the Strategy, employees of the gender equality sector in the Directorate for Equal Opportunity Policies, all leaders and members of the working group that participated in the elaboration of the Strategy and its Action Plan, as well as all consultants and contributors in this process. The Strategy has been developed. We now face the challenge of implementation. Koço BARKA Minister of Labour, Social Affairs and Equal Opportunities 4 WORKING GROUPS FOR THE DEVELOPMENT OF THE NATIONAL STRATEGY FOR GENDER EQUALITY AND OF DOMESTIC VIOLENCE The development of the National Strategy for Gender Equality and the Eradication of Domestic Violence was managed by Marieta Zaçe – Deputy Minister of Labour, Social Affairs and Equal Opportunities. Directorate for Equal Opportunity Policies Ms. Rajna Kovaçi – Director Ms. Valbona Jaupllari – Specialist Ms. Irena Benussi – Specialist Ms. Brunilda Dervishaj – Specialist Ms. Arta Sakja – Coordinator for Gender Equality Ms. Lulieta Dauti – Finance Ms. Aida Orgocka – Expert Ms. Mirela Muça - Expert Working Group – Gender Equality in Decision-Making Ms. Lajla Pernaska, Ms. Jeta Katro, Ms. Yllka Selimi, Mr. Petro Koçi, Ms. Albana Imami, Ms. Mangalina Cane, Ms. Natasha Llanaj. Working Group: Women rights, legislation and institutional mechanisms Ms. Kledia Mazniku, Ms. Brunilda Dervishaj, Ms. Rezana Balla, Ms. Ermira Deçka, Ms. Vitore Tusha, Ms. Alma Mehmeti, Mr. Ervin Pupe. Working Group -Economic Empowerment of Women Ms. Arjana Misha, Ms. Merita Gjashta, Ms. Alketa Grepcka, Ms. Rajmonda Prifti, Ms. Neriana Zaimi, Ms. Ahmedie Daci. Working Group - Social Services Ms. Meri Pone, Ms. Merita Xhumari, Ms. Valbona Jaupllari, Ms. Irena Benussi, Ms. Lantona Sado, Ms. Mira Trebicka, Ms. Dajana Berisha. Working Group - Education and Elimination of Gender Disparities Ms. Antonieta Luli, Ma. Xhuli Jaho, Ms. Englantina Gjermeni, Ms. Saemira Pino, Ms. Eljona Kulluri, Ms. Lavdie Ruci, Ms. Migena Reçi. Working Group - Health Care Mr. Naim Lusha, Ms. Nedime Ceka, Ms. Majlinda Murati, Ms. Elizana Petrela, Ms. Arjana Malltezi, Ms. Violeta Dhamo, Ms. Valbona Denizi. Working Group - Women and Media Ms. Majlinda Bregu, Ms. Rajna Kovaçi, Ms. Alma Lahe, Ms. Antoneta Malja, Mr. Demir Gjergji, Ms. Elsa Xhai, Ms. Valdete Andoni. OSCE Experts 5 Ms. Monika Kocaqi – Consultant Ms. Orgesta Muço – Consultant Gender Alliance for Development Centre: Ms. Eglantina Gjermeni – Manager of Center for Gender Alliance for Development Centre Ms. Blerta Picari – Coordinator for Violence against Children Task force – Prevention of Domestic Violence: Ms. Arta Mandro, Ms. Aida Orgocka, Ms. Anxhela Gramo, Ms. Zhulieta Demi, Ms. Arta Sakja, Ms. Mirela Muça, Ms. Emira Shkurti, Ms. Daklea Shtylla, Ms. Natasha Shehu. Other collaborators Center for Women and Girls – Kombinat, Association ―Gruaja Kryefamiljare‖, Albanian Helsinki Committee - Tirana; Center for Children's Rights in Albania; Center for Legal Initiatives; Initiative for Women's Rights; Association ―In service of Albanian Women‖; Multidisciplinary Training Center on Problem of Children's Mistreating; Shelter for Violated Women and Girls; Counselling Center for Women and Girls – Tirana, Elbasan, Kukes; Association of Women with Social Problems – Durres; I – Woman – Pogradec; Woman Forum – Elbasan; Center for Population and Development; Association ―Woman Head of Family‖; Association ―Refraction‖ Medica. 6 ABBREVIATIONS ACER Albanian Center for Economic Research EU European Union CEDAW Convention on the Elimination of All Forms of Discrimination Against Women RED Regional Education Directorate DEO Directorate for Equal Opportunities NCA National Chamber of Advocates INSTAT Institute for Statistics CC Civil Code of the Republic of Albania ECHR Europe's Conventions on Human Rights FC Family Code SJC Senior Justice Council CCoRA Criminal Code of the Republic of Albania CCP Code of Civil Procedures of the Republic of Albania CCPoRA Code of Criminal Procedures of the Republic of Albania MoES Ministry of Education and Science MoI Ministry of Interior MoJ Ministry of Justice MoF Ministry of Finance MoI Ministry of Integration MFA Ministry of Foreign Affairs MoH Ministry of Health MoLSAEO Ministry of Labour, Social Affairs and Equal Opportunities SAA Stabilization and Association Agreement NGO Non-governmental Organization GP General Prosecutor NCET National Center for Education Training NCEE National Center for Education, Evaluation CLCI Center for Legal Civic Initiatives ROA Republic of Albania STDs Sexually Transmitted Diseases MS Master School PS Police School 7 TABLE OF CONTENTS INTRODUCTION CHAPTER ONE: SITUATION ANALYSIS 1.1 Demographic Situation and Gender Realities 1.1.1. Gender equality in decision making 1.1.2. Economic Situation, poverty and also inequality in the labour market 1.1.3. Gender disparities in education 1.1.4. Gender and Social Security 1.1.5. Gender and Health Care and Services 1.1.6. Representaiton and the presentation of women in the media 1.1.7. Addressing Domestic Violence 1.2. The Legal Framework for Gender Equality and Domestic Violence 1.3 Institutional Mechanisms that Ensure Gender Equality in Albania 1.3.1. Government mechanisms that ensure gender equality 1.3.2. Other mechanisms 1.3.3. Government mechanism that addresses domestic violence CHAPTER TWO: VISION, STRATEGIC PRIORITIES AND STRATEGIC AIMS 2.1. VISION 2.2. Strategic Priorities 2.3. Strategic Aims CHAPTER THREE: POLICIES 3.1. Institutional Mechanisms that secure Gender Equality in Albania 3.2. Gender Equality in decision making 3.3. Economic empowerment and Gender Equality 3.4. Education and elimination of gender disparities 3.5. Social Services 3.6. Healthcare 3.7. Elimination of gender stereotypes in the mass media 3.8. Addressing Domestic Violence CHAPTER FOUR: ACCOUNTABILITY PLAN OF ACTION ANNEX 1 Description of Legislation ANNEX 2 References regarding the legal framework for Social Services ANNEX 3 References regarding the legal framework for domestic violence 8 INTRODUCTION Issues of gender equality are in the centre of social policies of EU countries and one of the demands for countries entering the process of European integration. Lack of appropriate attention towards these issues would mean that over 50 per cent of the population was not fully benefiting from the progress achieved through social, political and economical reforms. If the issue of gender equality is not dealt with, then Albania will not achieve sustainable development, as a country realise its full potential if it does not fully use all of its human resources. Consequently, gender should be integrated into all social, economic and political policies and programmes in Albania, in order to achieve sustainable development rough using the full human potential in the country and to guarantee that all social groups are benefiting from these achievements. This is the framework to understanding why gender issues are becoming more and more important in Albanian society. In the century we just entered, there have been important institutional and structural developments in support of the advancement and emancipation of women in Albanian society, as well ensuring their active and equal participation in the political, economic and social life of the country. In this regard, continuous efforts to coordinate state initiatives to the increase engagement of civil society have been noticed. Priority has been given for drafting different departmental and interdepartmental strategies, mainly during the medium-term review processes. While the process for drafting of the strategies is positive, their implementation will be challenged by particular risks: lack of law execution or deficiency in law execution, insufficient capacities in public administration with rather high indicators of corruption, lack of advanced and objective planning , lack of financial resources, etc. Hence it is of crucial importance to institute measures to lessen or prevent these risks from inmpacting the successful implementation of all compiled strategies. MOLSAEO's initiative in drafting ―the National Strategy for Gender Equality and the Eradication of Domestic Violence‖ comes parallel with the process of drafting and approving the National Strategy for Development and Integration (NSDI), a document that is being reviewed and which aims to respond to the dynamic evolution of ideas, as well as admit inclusion of interests and new attitudes that determine sectoral development as a whole or which address the needs of various social groups. The National Strategy for Gender Equality and the Eradication of Domestic Violence is a product of an inter-related and inclusive process which involved different institutions of central and local government, civil society, non-profit organisations, different interests groups, representatives of political parties, academics, as well as international partners. This document was drafted as a result of the overall participation of all actors and interested parties in the issues of gender equality. This broad participation aimed to increase the validity and ensure that the action plan would be in compliance with the needs and capacities of national and local institutions. In addition, the strategy's preparation helped to increase cooperation among different governmental actors (at the 9 central and local level), donors, civil society and community, to reach decisions impacting gender equality. The Strategy consists of two parts: I) Gender Equality and; II) Eradicating Domestic Violence; The strategy aims: - To achieve gender equality in Albania through mainstreaming gender perspective in all the aspects of the development and implementation of policies. This means equal participation of women and men in the social, economic and political life of the country, as well as equal opportunities to enjoy all their rights and to offer their individual potential for the benefit of the society; - To improve protection, legal responses, support for victims of domestic violence, as well as to increase focus on prevention and addressing the root causes of domestic violence. The strategy was drafted by the working groups, who relied upon documents and results of discussions focused on: Analysis of socio-economic situation in Albania, taking into consideration economic, education, health and cultural indicators; Analysis of women's participation in various sectors, including decision making at the central and local level; Legal and institutional mechanisms, as well as financial, material and human resources available to develop effective policies that serve to achieve defined aims and objectives; Identification of vision and main challenges in achieving gender equality in Albania; Preparation of an action plan to achieve aims and objectives of this strategy; Development of the baseline indicators to measure and evaluate progress, or review of actions in accordance to the new situations that emerge. Identification of main areas of intervention to prevent domestic violence. The Constitution of the Republic of Albania guarantees equality among men and women, but in practice often women do not enjoy the same rights as men. This inequality is tangible in many sectors, therefore the working groups during the drafting process of this document prioritized the following areas: 1. Legal and institutional mechanisms ensuring gender equality in Albania. 2. Gender Equality in decision making. 3. Economic empowerment and Gender Equality. 4. Education and elimination of gender disparities. 5. Social Services. 6. Healthcare. 7. Elimination of gender stereotypes in the mass media. 8. Addressing Domestic Violence. – In which there are five specific areas for prevention of domestic violence: a) Education – as a sector for prevention; b) Justice 10 – as a sector preventing, combating and supporting victims c) Health - as a sector preventing, combating and supporting victims; d) Social Services – as a sector preventing, combating and supporting victims; e) Public Awareness (cross-sectoral) as a tool for prevention and combating domestic violence. The Objectives of this document (which are outlined in major detail in the next page) basically aim at: a. Highlighting women's current situation, and the way in which gender equality and domestic violence in Albania is handled; b. Detailing the most important steps that should be undertaken in order to address priorities surrounding achievement of gender equality and reduction in domestic violence; c. Identifying the institutions responsible and the partners that will work together towards the achievement of the goals contained in this Strategy; 11 CHAPTER ONE: SITUATION ANALYSIS Gender equality is a building block in the country's development. In order to achieve gender equality, the causes of the inequality found in the family, community, labor market and generally in the Albanian society must first be examined. Division of labour based on gender creates burdens (measured according to time use and energy), level of acknowledgment (or prestige), and also different rules for men and women. Gender inequality negatively affects the balance between opportunities, life conditions and social status of women and men. The profound social and economic transformation that happened after the 1990s brought vivid changes to the economic structure, living standard, and also disrupted the gender equilibrium in Albanian society. Although during the transition period, Albania has taken some positive steps towards building a democratic society, the freedoms and rights gained over time have not affected women and men equally. 1.1 DEMOGRAPHIC SITUATION AND GENDER REALITIES The population of Albania is young - the average age is 31.7 years - and the population division according to sex is balanced, with women making up 51 per cent of the population1. A young population, urbanisation processes, migratory movements, emigration and other economic factors have resulted in dynamic and ever changing demographic indicators during the transition years. Thus, within a short period of time, the rapport between the rural and urban population has changed. Currently, urban population is increased to 46 per cent from 36 per cent at the beginning of the 1990s. This increase in urban population has happened as a result of uncontrolled migration of the rural population towards large towns, as well as due to movements within the same district. Based on the statistics published by INSTAT, it has been calculated that 600.000 Albanians or 18 per cent of the population have migrated abroad. A comprehensive analysis of population group -ages shows that transition has affected and continues to affect the Albanian population structure. Also, it has brought a substantial change to the family structure. The efforts of trying to improve the standard of living have influenced the Albanian family to change not only the place of living, but also the way of life. During this decade, the average age of marriage has changed from 22.6 to 23 for women and from 27.2 to 28.5 for men2. In the same way, the number of divorces have increased - from 8.7 to 9.6 for 100 marriages, and also the average family size includes two generations (parents and children). 1.1.1. Gender Equality in decision making Inequalities in respecting women's rights deepen also because of the poor level of their representation in decision-making, and because of the fact that the Albanian society has not yet devoted the necessary attention to eliminating introduction of gender stereotypes 1 INSTAT 2006 ―Women and Men 2005‖ 2 INSTAT 2006 ―Women and Men 2005‖ 12 in men' and young men's education regarding the position they should enjoy both inside the family and in public life. Low participation of Albanian women in decision making, with only 7 per cent of parliamentary seats, with only 9 women holding management/senior posts3 in the central government, and only 2 per cent of them in positions of authority in local government, is a significant obstacle for improving policies and programmes to address the needs of women, children and family. Although the presence of women in public administration is somewhat more encouraging, men still dominate in leading positions. The representation of women in leading positions in political parties is also low. This is not a result of lack of interest on the part of women to be involved, or because of their inabilities in this regards. It is related to the difficulties with which the women have to deal to adjust to the current Albanian political reality, and reflects the lack of standards and effective mechanisms that would enable the increase of women's' participation in governing the country, a role towards which the women themselves should be even more persistent. The low level of women representation in decision making structures is an indicator of the fact that women's aspirations and needs are not represented, as well as that women have little chance to invoke policies that address their problems, including poverty and gender inequality, or to improve their status and role in economic and social development of the country. Inequality of women participation in political activities. Albanian political parties continue not to have specific policies on gender equality that would clearly address women's needs and priorities on political participation. This also explains why these parties had no serious statements in their programs in the electoral campaign of 2005 about the gender equality, or even their current platforms, even though they claim that they consider gender equality as an important issue in their platforms. Despite continuous efforts of women's political organizations to increase participation of women in politics and consequently in decision making, it must be stated that their representation in the parliament and government is still quite low. They are great promoters of political parties they represent, perform great roles as commissioners and are a very important corner stone while implementing campaigns, but this representation and this active role has not been reflected by political parties in their selection of candidates for parliamentary elections and in particular of local elections. Although there is a quota in the representation of women in the senior levels of political parties' structures, there is not a quota for the number of women put forward as candidates. Regardless the efforts of the women's movement to include this quota in Electoral Code, the absence of such a quota has been one of the causes of lack of decent representation of women in parliament and in national leadership. This low level of representation reaffirms the conservative mindset in Albania of a male-dominated political environment. Regardless of this reality, the 2005 elections signified new positive experiences, as for the first time in the parliamentary history of Albania, a woman was elected to the post of Speaker of the Parliament, and for the first time, a political party led by a woman was 3 Figures refer to positions: Minister, Deputy/minister, General Secretary up until October 2006; Source: Directorate of Policies for Equal Opportunities 13 part of the electoral campaign, a well as the presence of a women as an independent candidate. Representation of women in civil society. Non-profitable organizations (NPOs), known as the most active part of the civil society, have been very active in democratic developments although they had to operate often in a conservative society, in a society where for a long time anarchy and chaos ruled; in a society that often endangered their activities and even their existence. Although there was no consulting process between the state and the NPOs, they have given their contribution, even influencing political decisions. There are 614 associations4 registered in Albania, out of which 112 or 18.24 per cent are managed by women. This shows that Albanian women responded immediately to the changes in the country, taking over the responsibility and a specific role in these democratic developments. A country in transition like Albania has a lot to gain from the participation of women in this sphere, and as a consequence from her contribution to the continued evolution of the market economy and democratic society. This participation breaks up stereotypes of male dominance. As a result of limited opportunity to participate in decision making organs, women have had their management opportunity through other alternatives, especially in the non-governmental sector. In this sector, women found more space and freedom for an active engagement to the benefit of women and children issues in particular, but also of all the community. Women associations have performed and continue to carry out a range of activities related to women's and children's rights, to social and health care, to economic development (mainly small businesses for women and girls), fight against human trafficking, etc. Since the year 2000, a national movement for political empowerment of women has started and has been consolidated with time. Such movement has managed to have an impact on the political and social climate in the country, in favour of gender balance. In a progressive way, the very important factor - media - started to focus on gender equality, especially on participation of women in politics, which culminated in the general elections campaign of 2005 through a number of programmes and debates in the country's media. An important element in the evolution of women's NGOs is also improvement of their organization skills. After 1997, better coordination among these NPOs was noticed; they started to get organized into networks and coalitions with common programs and activities. Decision making access and control inside the family Although studies and data about women's participation in decision making inside the family are non-existent, observations of the everyday life show that women's participation in this aspect of decision making is related to their level of education, place of residence, age and access to the property and income. The lower the education levels of the woman, the weaker her power in decision making, because of fewer opportunities for employment and for secure economic independence. In the same way, women in rural areas, poor women, as well as those unemployed, do not enjoy to right of decision making about important issues inside the 4 Figures from MoLSAEO. 14 family. When decision making relates to the spending of money, in the vast majority of cases the final decision is taken by men of the family, who also reserve the right to decide on the number of children, their education, migration or immigration of the family or one of its members, as well as on the marriage of children. Women have more of an informing and advising role about the need to purchase a particular food, or they advise on selling home-made products.5 1.1.2. Economic Situation, Poverty and also Inequality in the Labour Market Economic rights of women are represented with the level of participation in the work force, retaining of the job and remuneration. Employment of Albanian women is limited by a number of factors, like obligation and responsibility to bring up the children, household chores, education level, and limited access to professional development, property and limited possibility to obtain loans, etc. Women have raised their businesses mainly in economic activities like trading, wholesale, shops, various services like dentist, notary, solicitor, hair-dresser, agricultural business, industry, dairy production, textiles, book publishing, tailoring and handicraft. According to the statistics by INSTAT, 17 per cent of the private business managers are women. The largest number of the registered businesses managed by women is concentrated in Tirana (31 per cent), Durrës (8.7 per cent) and Elbasan (6.2 per cent). Eighty-five per cent of these businesses managed by women are located in urban areas and 15 per cent in rural areas. Agricultural loans, with more amenities for women, would assist in increasing the number of women farmers. Two studies done by ACER (Albanian Centre for Economic Studies) show that 78 per cent of loan applications are done by the male heads of family, while 5-7 per cent of women farmers borrow money from their relatives. Women are becoming poorer than men. The deep economic reform during the transition, accompanied by the massive closure of ineffective state companies, found the individuals and Albanian society unprepared. After the nineties, unemployment increased drastically. Despite some improvement in the following years, unemployment and poverty threaten a large number of Albanian families. In a particular way, unemployment and poverty are affecting the social status of Albanian women negatively. The data on poverty in Albania indicate the feminisation of poverty and increased proportion of women living in poverty. While from 2002 to 2005 the absolute poverty indicator has fallen by 27 per cent, the reduction of the poverty for women has not been the same. Geographically, there are fewer trends which indicate a reduction of poverty in among these women in rural areas, where, besides many factors that contribute to poverty, economic and social inferiority of women are also causes. In a country like Albania, the culture of discrimination because of gender is not simply a matter of violating women's and girls' rights, but gender inequality represents a serious obstruction to the reduction of poverty. Traditionally, women have the burden of family care, but they have fewer opportunities than men in controlling the resources and means 5 Conclusions drawn in the course of different talks and meetings with women and young women. 15 needed to fulfill these responsibilities. The high level of unemployment, low level of education, under-employment, lack of needed qualifications or access to improve qualifications, poor access and lack of choice in using family planning, being subjected to violence, abuse or arbitrary decisions inside the family, and also the poor representation in leading public and political structures, affect the deepening and feminisation of poverty in Albania, and its prolongation. Women's participation in the job market has decreased significantly during the transition years. In 2005, 46.8 per cent of the active workforce. Women in Albania have less access to new jobs than men, and subsequently the unemployment level amongst them is higher. Despite the equal access that men and women have to higher education, this does not secure women the same opportunities in the job market. The employment situation of women is more favourable in the public administration sector, where women make up 56 per cent of the number of employees, with men taking the other 44 per cent. The inequality is very obvious in the private sector, where a small number of women, only 17 per cent, reach the managing level. Similarly, the percentage of non-agricultural business managed by women is low, only 2 per cent in the transport sector, and 25 per cent in the services sector. If we analyze the participation of women in the economically inactive population, we will realize that they make up 53 per cent. This means that for every 100 women economically active, around 53 of them are inactive, while this indicator for men is twice as low, or only 31 per cent. Low scale of participation in the workforce spreads along all the age groups. Women's participation in the job market represents one of the main indicators of their economic empowerment, and it also impacts their role in securing income in the family. Nevertheless, the data shows that there is inequality between women and men in their participation in the job market, and this is mainly seen in the statistical indicators of the workforce, and also in the employment statistics. Referring to the statistics about the workforce balance for the year 2005, provided by INSTAT, the level of employment is 60 per cent for men and 38.8 per cent for women, while the level of unemployment for the whole country is 14.1 per cent; the unemployment figure for men is 12.1 per cent and 17.2 per cent for women, figures that show that the unemployment level in percentage is higher among the women. The data on those employed in the public sector show that women occupy the highest percentage of employment in professions like specialists or simple office workers, positions which are paid less compared to professions like lawmaking, high officials and managers, policy makers, etc. where men are more likely to be employed. Comparing the employment in two levels, central and local level, data shows that women occupy a greater percentage at the central level. So, in the central government institutions, 43 per cent of the employees are women, while in the local administration this figure is 30 per cent. Employment of women is mainly seen in the sectors of healthcare and education, and less in other sectors like bar-restaurants, manufacturing, trade, etc. Low figures in women's employment do not represent the reality about their work, because these figures do not reflect the reproduction role which they play in the family, starting with home maintenance, cooking, care for children and family members etc - all 16 these activities necessary for life which are considered ―unpaid‖ labour. Also, although they might have the same education and qualification level as men, a difficulty to retain a job is noticed among women, or even difference in remuneration, because of the job positions they hold. Women are more at risk to lose their job, or are less likely to find employment and their jobs to be saved, especially during the maternity leave period. Low remuneration level for women is also affected by their low participation in private self-employed activities, which secure higher income than the public sector. Low access to property (only 8 per cent of women legally own a property), as well as the absence of favourable policies that encourage private ventures for women, has resulted in a low number of women who manage small, medium or big businesses. In 2005, only 17 per cent of non-agricultural businesses were managed by women. Securing the equal opportunities for paid employment helps to bring families out of poverty and ensures an advancement in the status of women and girls within the family. From an analysis of the factors contributing to the size of income, like age group, level of education, and gender, the latter proves to contribute the most. Women are significantly less favoured than men, with an average salary 35 per cent lower than men of the same education level. Also, a more detailed analysis grouped by the sectors of economy, show that men's monthly net pay is significantly higher than that of women in all sectors of the economy, and the difference is most noticeable for those employed in the private non-agricultural sector. 1.1.3. Gender Disparities in Education Education is a field where there have been some good results in equal access for males and females. Reports state that in girls' participation in nine-year school level (elementary school) is 48 per cent. In secondary schools participation of schoolgirls is around 48 per cent compared to 55 per cent for schoolboys. In the university education, the percentage of the women enrolled is higher than men, and is around 58.2 per cent. While the registration of girls in schools is strong, the phenomenon we often deal with is both formal and un-registered school drop out rates. An increase in girl drop outs is evident, in absolute numbers, as well as percentage-wise (out of around 217,950 girls in nine year education, around 1.1 per cent of them have left during the academic year 2005-2006). Either destroyed or non-existent infrastructure that leads to unsafe travel, lack of sanitary environs (toilets) and the lack of drinking water are some of the factors that make girls at that age leave school. Whereas the work by the non-governmental and community organisations shows that the number of girls at risk from illiteracy is high, differences in the treatment of boys and girls and in the organization of separate subjects (for instance, physical education and housekeeping, in the course of which boys and girls separate and go through activities reinforcing gender roles). Another real threat to the school attendance are the 'informal' costs of education which represent a financial burden on the poor families, and which can, in part, explain the non-attendance of children, especially in rural and poorer areas of the country. Furthermore, social and cultural reality supports the view that girls more often and more quickly abandon school to contribute in the family economy, or to get married at a very young age. Within the complete improvement of school curricula MoES, in cooperation with the 17 Institute for Curricula and Standards, has made a request to have gender perspective mainstreamed by: (1) Reviewing and compiling programs in pre-university and university education; (2) Reviewing and compiling new school text-books; (3) Compiling instructions and methodological material for integration of gender perspectives into the curriculum. In school programs treatment of gender orientation differs through levels. In nine-grade education this treatment is inconsiderable. In secondary school, gender is taught in the social courses curriculum as knowledge for society, history and literature. In higher school levels, courses on gender issues are offered in programs of Social Work, Psychology, Sociology, Journalism and Political Science in courses of literature, psychology, social policies, philosophy, and culture. One part of the faculties prepares students and specialists in gender issues to work in public sector and civil society. In general, the school text books reviewed show that some steps have been taken to begin to deal with the elimination of negative gender stereotypes – changes have also been made in this regards in some teaching methodology guides. Although text-books have been prepared by teachers, gender perspectives are almost absent. Moreover, in initial training, teachers are given insufficient skills to deal with gender issues, as the trainings are focused more on pedagogical methodologies. Having capacity to teach from a gender perspective is not an integral part of teaching qualifications. In preschool, nine-grade (elementary) and secondary system, the representation of females is considerable. In nine-grade (elementary) education the percentage of females continuous to grow both in urban and rural areas. In academic year 2005-2006 this figure reached 66 per cent. Whereas in general the percentage of females in secondary education is higher than the one of males, in rural areas it comprises only 43 per cent of teaching personnel. In undergraduate education participation of women is low, 49 per cent compared to 51 per cent of men, in all levels both in administration and in teaching personnel. In directorates and education offices there is a representation of 59 per cent of men and 41 per cent of females. In managing positions 92 per cent of regional managers compared to 8 per cent of women, 83 per cent of managers in regional offices compared to 17 per cent of woman-managers of these offices. Even though at the specialist and support staff level, women have a higher percentage, they still remain underrepresented compared to men (48 per cent versus 52 per cent specialists; 40 per cent versus 60 per cent assistance employees). 1.1.4. Gender and Social Security Political and economical reforms of the 1990s were accompanied with an increase in the number of people exposed to poverty and social out casting. A special system of social security has been devised to tackle this reality and is based on the following programmes: (1) social security, (2) economical assistance, (3) income support for people with limited ability, and (4) social services. The evaluation of vulnerability and social problems of individuals (women and men) often signifies definition of the scale of their social out casting from the normal life of the society, lack of policies and measures for protecting their rights, and also the lack of possibility to use existing services in their community. Vulnerability scale has defined unemployed women as one of the main groups at risk and with social problems. During the last few years, the number of female heads of household 18 has increased, as widows, divorced, or those whose husbands have emigrated. Female heads of family receive economic assistance or family pensions, when their husband has been employed, and also from the humanitarian aid and employment services from the NPOs. The following figures apply for the year 2007 only: number of unemployed women shows 7,688; around 1,141 women get unemployment benefit; economic assistance was receive by approximately 5,598 women, and the number of women - head of family is 5,844. Demographical differences in Albania have caused changes in Albanian family structure. First of all, families aim to have less family members than prior to 1990s, when families with more children were more common and extended family played an important role in social and economic support. Albania was characterized with a demographic profile which showed marriages at an early age, child birth in a relatively young age and that divorces were rare. These tendencies now have changed, but new phenomenon is presented as social problems in Albanian families. Hence, women as single parents is a new phenomenon which is a result of international migration. Female heads of households face severe challenges, unemployment and lack of child care support. Balancing her role as the head of the household and the main wage earner is difficult and requires support from social services. Reasons for social disadvantage of women groups in need are: (a) because of the unemployment in the country, a large number of them have been employed in the private/informal sector; (b) because of the covering of both responsibilities, providing food and care, women are given jobs with shorter working hours, jobs that do not require mobility, long working hours and advanced professional skills. As a consequence, they receive low pay, job insecurity, they have no social nor health insurance, are overwhelmed (paid work on the job market and unpaid work at home), are underpaid, are the sole care-givers, often sole food providers, are psychologically consumed, and as a consequence they reflect everything on their children and families. 1.1.5. Gender and Health Care and Services For the Ministry of Health, the protection of women's health represents a priority. Because of this, its policies and strategies, supported by UNFPA as one of the main donors in this field, puts woman at the centre stage of the reproductive health services, aiming thus to integrate these services into the three levels of healthcare, with the priority given to the primary healthcare. Continuous improvement of health remains a big challenge for women and also for men. Receiving a qualitative healthcare is a major factor for wellbeing, development, and general running of the whole society. The biggest challenge concerning the presentation of the situation and inter-connection of the gender issues in healthcare lies with the fact that there is little data grouped on the basis of sex, hence the outlook of this situation relies on rare reports and information which was not gathered systematically, mainly from various community-based or non- profit organisations. 19 Gender issues in health sector. In general, gender inequalities are often based on the biological differences between men and women. But on the other side, it is extremely important to understand that in everyday life women and men perform different activities, they often experience different realities, and they have needs and exercise different responsibilities. While analyzing these roles in the context of health care, women and men are exposed in different ways to health complications. This is related not only with specifics of illnesses and health complications that are different for both sexes, but also with social, economical, cultural and even political spheres that impact in different ways women, men, boys and girls' health. It is important to mention that quality of life of individuals must be viewed not only from the perspective of biological differences but also from the different roles that society has attributed to them. On the other side, these inequalities lead to different forms of social distinction, such as ethnicity or income level. Taking these facts into consideration, we can say that there is a slight distinction on how women and men of different social groups are impacted by issues of health care. Health services must be dynamic, appropriate and contemporary, so that they can meet different needs of individuals. The concept of gender equalities in health sector is more related to fairness in health treatment of all individuals rather then with equal treatment. By being focused on fairness in disbursing and offering of health services, it is possible to avoid and disseminate and offer health service, it is possible avoiding and abolishing disadvantages in health care for women and men. In the last 15 years, health has encountered challenges in giving suitable services for men and women. While more emphasis is given to reproductive health and family planning, other health issues such as mental health or health in the workplace leaves space for improvement. There is little information regarding illnesses which are more prevalent among women and than among men; women are overloaded with work and, when compared with men, tend towards specific illnesses such as malnutrition, anaemia and other illnesses. There is even less information about perspectives of men and women themselves regarding the role that they have to play in community health care, their perceptions regarding common health issues, who in the family decides what medications should be bought, etc. It is also very difficult to talk about different tendencies increasing among girls and boys, illnesses from which they are affected more frequently, and if these differences are related to different treatments of boys and girls. As for reproductive health, referring to a study by UNDP conducted in 2001, Albania has one of the lowest indexes for gender development, compared to Eastern European countries. Women have a low level of knowledge about HIV/AIDS and sexually transmitted diseases, as well as poor culture for health in general and for reproductive health in particular. Most vulnerable to these diseases are adolescents. Another factor that presents risk for infection from STDs, is the fact of lack of empowerment of females to negotiate with her partner the use of condoms during sexual intercourse, one of the best pr tools to protect against HIV. As for family planning, decisions for size of the family should be taken by both partners, based on the opinion of females and males age 15 to 44 years, although among males, 20 percentage of those that agree with this statement is lower than among those of females (approximately 96 per cent versus 89 per cent). There are not studies that report gender differences on knowledge and attitude regarding decisions about family size and family planning. Whereas based on a study conducted in 2002, in rural as well as urban settlements, the main means of contraception remains ―withdrawal‖ (in urban settlement 88 per cent of females versus 92 per cent of males; in rural settlements 93 per cent of females versus 99 per cent of males). However, for the last three years, as a result of policies implemented by the Ministry of Health of increasing quality of services for family planning and expanding these services in rural settlements, there has been an improvement of indicators of using modern contraception methods, with an increase from 8 per cent in 2002 to 22 per cent in 2005. In addition, a number of public health centers that offer services of family planning has tripled in comparison to that of 5 years ago. Methods of contraception in these centers are provided for free. Gender issues in accessing health information. Receiving information about health care for males and females has been conducted mainly by social services provided by Ministry of Health and donors, international organizations such as UNFPA, USAID, UNICEF and different non-profit organisations, based on current concerns and in accordance to the funds provided by different donors. Whereas secondary schools have included a course on sexual education, informal relations of students mainly show not only that teachers are not fully prepared to provide answers to student's questions, but seldom are classes dedicated to this topic – rather, it is used to fill in gaps in the curriculum. Dissemination of information can be described that lacks systematic approach. Educating women and girls is associated with planned rhythms of births, with improvement of mother's and children's health, as well as lower incidence of HIV/AIDS infections or even with domestic violence. Initially an analysis is needed on how these services meet the needs of males and females. Developing National Strategy for prevention and control of prevalence of HIV/AIDS in Albanian, for period 2004 to 2010, emerged as a need of several factors such as increase of number of diagnosed cases, modification of population's behaviour, as for example tendency to have sexual intercourse at a younger age, use of drugs, etc. One of the points from this strategy is to put an emphasis on risk from infection with HIV/AIDS of women and females in Albania, for different reasons. Gender issues in the system of providing health care. Lack of data on use of the system in providing health care divided based on gender, as well as their level of approval about these services, makes it hard to evaluate the situation. It has been noticed that women have less time and possibilities to visit doctors as a consequence of great burden they face while doing chores and looking after other family members. However the role of husband as the main earner of incomes in the family, exercise a great pressure on them to accept the fact of being ill, since economical and social consequences for the family would have been great. Beside these factors, for women in distant rural zones, distance from hospitals or health centers, lack of financial resources for transportation, restrictions of women to move unaccompanied, quality of services provided in particular in some health centers in rural zones, can limit receiving of these necessary services. Seldom do they rely on local knowledge transmitted throughout generations and cases of home delivery in particular in distant settlements are reported frequently. Women, in particular in rural and distant 21 settlements, have difficulties to obtain supporting health services such as water and sanitary supply. Drinking water and toilets in many of these zones are situated outside their living premises. Reform of the Primary Health Care initiated from Ministry of Health shall improve the quality of work of these services offered by Health Centers, where in a package of services that are offered by these centers, priority will have services of reproductive health, health of mother and child. 1.1.6. Representation and the Presentation of Women in the Media Albanian media reflect very few or not at all problems that trouble Albanian women, such as education and employment opportunities, problems of domestic violence, sexual harassment, etc. and when these phenomenon become part of the public debate. Characterisation of female figure often is accompanied with unethical, insulting and disparaging vocabulary. It occurs that coverage of realistic events fall under the light or prejudice and events are reflected under the influence of negative stereotypes. The female, in most of the cases, is presented in the position of the victim and rarely it happens that she is presented as an individual that contributes to the development of the society, not only for the sake of percentage that they take in comparison to the whole population but, in particular to the values she embraces. Traditional stereotypes of women are applied widely in media, and women are presented as economically and emotionally dependable, weak, professionally incapable, from one end and the other, dedicated housewife, family oriented, dedicated mother and partner. It is a characteristic of the media that, when they need to use resources or pronunciation and opinions of personalities of different fields, they refer to males, in particular in the field of politics, economy, sports, etc. And voice of women professionals takes only little space and it is quoted rarely in media. Reflection of gender roles. From monitoring of visual national and local media conducted during a couple of months in 2006, it was determined that: in TVSH women and problems pertaining to women take 7 per cent; in TV Klan 10 per cent; in Top Channel 5 per cent, in News 24 4 per cent, in TV Koha 5 per cent, TV Alsat 5 per cent. Overall, the analysis determined that females and their problems take 7.8 per cent. Monitoring 15 most popular newspapers on the following dates 13/09/06-20/09/06, resulted that: Politics – In this rubric opinion of female politicians or analysts for the figure of women in politic take only 6–7 per cent; Economy – This is the rubric that almost entirely is male dominated , whereas female economists voices take only 1 – 2 per cent; Social – 10-12 per cent of the space in this rubric is taken by women, where in 80 per cent of cases her figure is presented mainly in the position of the victim as a consequence of occurrence of domestic violence, criminality and prostitution; Culture- Sport – it is a finding that this is the most ―balanced‖ rubric as far as the place that women problems take upon, which goes up to 20-25 per cent. However, in this rubric attention of media is mainly focused on erotic rumours related to females that belong to artistic worlds, culture and sport, where 90 per cent of cases take treatment of her outer 22 appearance, as well as female sexuality, nudism, seduction; Opinions-Interviews – In this rubric 8-10 per cent are taken by female opinion-makers and only 2-3 per cent of these opinions or interviews treat issues of gender problems. Proportion of men-journalist/women journalist in media. Problem for Albanian media remain not only reflection of masculine reality of the society and deformation of the gender roles, but the fact that Albanian reality finds reflection in its construction structures and functioning of the media. Hence, still proportion of the journalist/women journalist is visibly in favour of the former and as more you approach the top of media management hierarchy the gap increases. From a survey conducted in 2006 resulted that, proportion social journalist/women journalist is 55 per cent/45 per cent; politics 35 per cent/65 per cent; economy 40 per cent/60 per cent, analyst 8 per cent/92 per cent in favour of men. In total, percentage of females that work as journalist in written media is around 40 per cent, whereas in visual media they represent 60 per cent as presenters, and 68 per cent as reporters. Women journalist are more engaged in treating social themes, topics about environment, education and lately they have started to change the proportion in their favour of topics in the sphere of politics, but this proportion nevertheless continue to have low values when international arena is discussed or political analysis, which continue to remain men property. Another disturbing problem of the Albanian media market is informal work of journalist. Most of them work without a working contract and have no insurance. Based on a study by Ministry of Labour (2003), 75 per cent of journalists do not have working contracts; whereas in April 2004, Journalists' Union of Albania declared that this number reaches 90 per cent. Field journalists result mostly discriminated and defenceless and it goes without saying that they do not reach to protect and represent their rights, to what extent will they be able to reflect and protect the rights and interests of the society or any particular social group. 1.1.7 Addressing Domestic Violence According to the definition in the Albanian legislation, ‗domestic violence' means an action or omission committed between persons who are or were in a family relation, resulting in a violation of their physical, moral, psychological, sexual, social or economic integrity. Domestic violence is not often reported. The Albanian society has regarded it as a private issue, putting little or no focus on preventing it, where attention has been given mainly by different non-profit organisations. While studies have not been systematic, they have shown that domestic violence is widely present in the Albanian society. Domestic violence goes across the lines of age, gender, ethnicity, religion, economic status, disability or geography; however, most of its reported victims are women. One third of Albanian women are estimated to be 23 experiencing a form of domestic violence. This includes ill-treatment, beating and, in some cases, abduction and trafficking by their own family members. Surveys in the past ten years have shown that over one quarter of women report that they have been victims of emotional and sexual violence, and that rural women are more affected by physical violence (see: Refleksione, 1995, 1996; Bregu & Gjermeni, 2003, Aleanca Gjinore për Zhvillim—Gender Alliance for Development—2006). The Albanian Counseling Center for Women and Girls (Qendra e Këshillimit për Gratë dhe Vajzat) reported that it received about 6,670 phone calls from violated women and girls in 2004. Ministry of Interior figures for 2005 show that there 102 cases of domestic crime, of which 21 were homicide cases and 25 were murder threats. Children, too, have been victims of domestic violence. A 2006 UNICEF study showed that one in five children had experienced dizziness, one in fourteen children had experienced fainting, and one in four children had experienced bruising and bleeding due to beating.6 1. 1.7.1 Initiatives and Issues in the Area of Domestic Violence Prevention Prevention of domestic violence is a complex issue that is mainly promoted by the activity of non-profit organisations. In the context of prevention, it is essential to provide victims of domestic violence with access to information and counseling. Also, professionals should have the appropriate knowledge of how to respond to early signs of abuse. General public awareness-raising. A few important forms of prevention include general public awareness-raising and education on the media, changing public attitudes particularly among the youth, rapid provision of support for victims in order to prevent the reoccurrence of violence, information on where to receive legal or social support, and apprehension of persons committing domestic violence in order to prevent them from repeating their acts. Little has been done in any of those lines of action. The little evidence on the degree of domestic violence mainly comes from NPO studies. There is not a database or a public information center in this area. In addition, the media rarely go beyond the sensation element of domestic violence in their coverage of the phenomenon. Education of children and youth. The education system is a very important factor for changing the attitudes of the younger generations. The analysis in this area has shown that the Ministry of Education and Sciences (MoES) lacks clear curriculum policies for the establishment of an organized model, which would guide curriculum and textbook experts in addressing issues related to domestic violence. It is recommended that domestic violence issues are discussed in schools, but there are not any school curricula to provide information about violence—child abuse and incest, senior citizen abuse, physical and emotional abuse, sexual abuse—in the context of teaching students general knowledge and skills. Curricula standards do not provide for teaching practices that would help teachers convey the necessary knowledge, skills and behavior to their students, so that they can tell violence and know how to respond to it. Domestic violence is mostly covered in the preschool education system through encouraging positive relationships, respect for other persons' feelings and ideas, group decision-making, meetings with parents, the local government and teachers, and the inclusion of 6 Tamo & Karaj, 2006 24 educational and cognitive activities in the triangle of teacher-parent-child relationship. For instance, according to Standard 1, early childhood education encourages an optimal development of the child relying on positive relationships with adults and not on addressing issues through the use of force. Violence against children is identified, addressed and treated by social workers, preschool teachers and parents; however, it is not clear which the specialized institutions and services to be provided for the children, nor is the role of psychologists and social workers clearly identified in the education activities and philosophy. Extra-curriculum activities are carried out on the basis of rich materials on the rights of the child and integration in international political structures. Domestic violence is addressed mainly in the framework of the Convention on the Rights of the Child, but not as a specific activity that aims at integrating child victims of violence and abuse. Publications by the Institute of Curricula and Standards—literature on the rights of the child, student's and teacher's books, Tolerance, Threshold of Knowledge series, ―Extra- curriculum Activities for Grades 1-12‖—cover the education of students on new civic norms in a comprehensive and continuous way. The activities organized as per the given instructions train children to recognize risks and protect themselves against them, be tolerant and take the right approach to addressing conflicts and avoid violence; even here, however, the concept of domestic violence is considered as an alternative topic to be covered by teachers. Education activities do not have integration programs for child victims of domestic violence and abuse. Education plans lack the objectives that are evaluated by psychologists or social workers. The biggest challenge in this area is that Albanian textbooks are developed by independent authors who lack the necessary training that would help them meet the standards and curriculum requirements. Tackling domestic violence is not an objective for textbook authors. Publishing houses work independently from institutions that develop standards and curricula, which results in a failure to cover the objectives qualitatively. Domestic violence issues are not spelled explicitly in the mandatory nine- year education subject of social education (basic textbooks). The child is still considered as a myth of human love and understanding. The newly developed textbooks, which are based on standards and curriculum objectives, take new approaches to the concept the family, division of tasks in the family, respect for the elderly, acceptance of students with disabilities in their social groups, recognition of responsibilities and respect for human rights. In the course of activities and exercises, students are trained to take the approach of understanding and tolerance to addressing conflict. In secondary education, domestic violence is covered in the context of family relationship knowledge, but not as a separate group of topics. Students are taught about concepts of the family, life within family relationships, domestic violence, and family exposure to negative phenomena in an open society such as prostitution, pornography, trafficking, etc.; they are not provided, however, with the necessary information and skills to be prepared for domestic life and address issues that arise within that important social context. Across the school system, there is a need to introduce additional literature on domestic violence issues. Another problem is the low level of school staff training. Teachers tend to be 25 overburdened with numerous tasks, and their job agreements lack special clauses on addressing domestic violence issues in extra-curriculum activities. Teachers often lack proper communication skills and exercise verbal violence against children. Furthermore, there is not a code of conduct for handling children. The establishment of a unique system for treating child victims of domestic violence is not a primary objective for MoES. The Ministry has not provided for the training of teaching staff on domestic violence issues and does not have any projects for situation assessment and development of proposals for local or national piloting. QKTA does not have any training programs on domestic violence because that is not one of their objectives. QKAVP does not have a network of data on domestic violence, because this issue has been not been addressed in its research and action. Their services focus on training DRA inspectors and rural teachers in various districts. Alternative services provided by various associations are not coordinated and distributed effectively across important areas and suffer from financial restrictions. Traditionally, schools are not considered as education institutions but rather as a place where students are provided with knowledge. Therefore, school masters and boards do not consider domestic violence as a priority of their educational activities and services. School education annual plans on domestic violence are not considered as a priority, or are considered only as a perfunctory task for teachers, who dedicate to it only two hours a year. Support is provided only in extreme cases, mainly in the form of separate individual counseling, cash assistance or student partnership. School masters do not have a protocol for presenting cases of violated children. Currently, schools are asked to be responsible for the services they provide, but they lack human capacities. According to SKZHAP, schools are not supported with the necessary legislation on fund management and community participation in developing policies for improving their services. Therefore, their work is based on MoES recommendations. Security and cleaning personnel are not trained on behavior monitoring and protection of child victims of violence. Provision of prevention support. One of the challenges for the Albanian public health system is addressing domestic violence as a public health issue.7 In addition to physical damage and immediate trauma due to abuse, domestic violence contributes to a number of chronic health disorders, including depression, alcohol abuse and use of other chemical substances, and it also prevents women from managing other chronic disease such as diabetes and high blood pressure. Little has been done, however, to improve public health response to domestic violence through public policies, health education and prevention efforts. There is a critical gap in providing care for violated individuals. Many health professionals only identify health issues to be cured and send back victims to their homes, which is also the setting where the original violence took place. One reason for this is that health professionals lack support for and training on the identification of domestic violence victims. Under the traditional Albanian health care model, physicians do not have the legal 7 Long-Term Strategy for Health System Development, 2004 26 responsibility for asking their patients about the cause of their injuries, wounds or fractures and recording their answers in the patient records. As a result, physicians treat the ―physical symptoms‖, while the violence behind such symptoms always remains ―untreated‖, or, rather, not addressed. Only 13 per cent of health service providers report that they record violence cases, of which only 4 per cent report recording both the case and the cause of violence. So, patient records provide information only about diagnosis protocols and personal details. One reason for this, in addition to lack of legal responsibility for recording cases of violence, lack of a clear protocol and awareness of the importance of documentation, is the inadequate level of professional skills to address this sensitive issue without putting patients at risk (SHKPS, 2006). Health professionals lack the basic skills and awareness that would help them overcome their personal barriers in the area of domestic violence. According to a study by the National Association of Social Workers (2006), which was carried out in the districts of Dibra, Shkodra, Pogradec, Tirana and Vlora, health care providers are not clear about the attitude to take to gender-based violence. In a written questionnaire, 37 per cent of respondents reported that they considered violence an internal issue of families, while most of the participants in the focus groups said that they did not agree with that stance, considering it as a social issue (SHKPS, 2006). One of the General Tasks for a Physician, laid down in the Article 8 of the Medical Deontology Code (Kalaj, 2001) is ―…if a physician finds a person (deprived of his/her freedom) to have suffered ill-treatment, after receiving confirmation of this by the concerned person, the physician shall notify legal authorities of this‖. Under Responsibilities to Patients, the same Code stipulates in its Article 43: ―When, during a medical examination, a physician finds that a child has been ill-treated, the physician shall take the necessary measures for the protection of that child. He/she shall do this in a prudent and mature manner; however, if the physician deems it necessary, he/she shall notify the responsible authorities of this, particularly in the case of children under the age of fifteen.‖ The Code does not provide for special treatment of patients that are victims of domestic violence. The provision on ill-treatment of children does not provide for especially when the ill-treatment comes from family members; furthermore, the notification of responsible authorities is left to the physician's judgment and is not laid down as an obligation. To compound things even more, ―responsible authorities‖ are not specified clearly. 184.108.40.206 Initiatives undertaken and problems surrounding justice and protection The legal system and the justice system have a major role to play in the process of the democratisation of the family and social life with a view to offering the necessary support to households, in order to prevent and protect their members from ill-treatment, and preserve household's stability. Safety of all the household members should be a priority in the performance of the court, case management, the performance of the public prosecutor's office, the defence lawyer, and the police... The comprehensive or less comprehensive legal framework, and the bodies forming the justice system, allowing for the hurdles, (non-)coordination, structures and mentalities within them, exercise a direct or indirect impact on numerous victims' and perpetrators' 27 life. Achievement of the impartiality, independence and professionalism standards in the Albanian justice system, where everybody's ―power‖ depends on the extent to which power and right are granted under the law, where an end is put to (re)sacrificing and (re)victimisation of the victims of domestic violence, is a legal obligation, a moral mission and civic contribution so as to protect the rights of the category, whose rights have unjustly been encroached upon. ―An analysis of the justice system shows that the rating of Albanian public's trust in this system is low.‖8 Hence, reforms of the justice system, the legal system and at large, are still short of meeting the public's expectations in receiving a service of the standard that the latter is expecting the legal and judicial system in Albania to offer. If insecurity builds up domestic violence because of lack of legislation, or the approaches adopted by the justice system, then hopes for democracy and recovery die out, too. Escalation of domestic violence in the Albanian family to the point of taking away the life of the other, or driving them to committing suicide, has indeed become a matter of concern 9 for the whole society, and particularly, for the law enforcement bodies. 220.127.116.11.1 Summary of the main findings from an analysis of the legal framework The Constitution of the Republic of Albania sanctions the protection of the individual's rights and freedoms, and prohibition of discrimination. It also provides for special protection for the family, children, young people, pregnant women and young mothers. Likewise, important international instruments ratified by Albania, including the Convention for the Elimination of All Forms of Discrimination against Woman, the Convention on the Rights of the Child, the Convention against Torture and Cruel, Inhuman or Degrading Treatment or Punishment, lay down obligations for the Albanian State to comply with certain standards, offering appropriate protection from violence to individuals (even within the family). The same may also hold true for a number of Conventions of the Council of Europe. However, the legal framework addressing domestic violence is still incomplete: Criminal Code: It does not prescribe domestic violence as a qualitative circumstance in certain offences, including violent sexual relations, battering and other violent acts, murdering, wounding and bullying. It contains no provisions for the protection of children from violence and abuse, as well as household members' neglect. It is short of certain provisions prohibiting/punishing children's exposure to situations where they may become witnesses to violence (which, even though indirectly, largely affects their normal development and physical and psychological well-being). Sentence-focussed policies as regards domestic violence are not severe enough. Likewise, certain alternative sentences, which are more appropriate for cases involving domestic violence. 8 Analysis of the Legislative System in Albania, Tirana: OSCE, 2004. 9 CLCI, ―For as an effective enforcement of legislation as possible...,‖ pp. 32,39. 28 No special provisions are prescribed for the protection of the elderly household members from violence, abuse and neglect. Criminal Procedure Code The Criminal Procedure Code relates initiation of proceedings against certain criminal offences to the victim's initiatives, thus creating the impression and sending out the wrong message that domestic violence is not so very important a matter for the State to (largely) involve itself, but is a private issue among parties. Likewise, the Criminal Procedure Code does not abide by the policy of non- termination of the case where plaintiff withdraws from the process. Given that in cases involving domestic violence more often than not the victim withdraws denunciation out of fear and pressures, the Criminal Procedure Code should provide for provisions allowing the public prosecutor to go on with the legal proceedings of cases involving domestic violence, even if the victim withdraws. Likewise, provisions regulating and coordinating the filing of a civil lawsuit inside the criminal process should be reviewed and explained better. Civil Code For cases involving domestic violence it does not contain specific provisions providing for an effective leeway for the victim to receive damages for the moral and material harm suffered. Family Code Article 62 of the Family Code provides for the taking of violent husband away from home, implying violence being administered by one spouse against the other only, and not violence against the other household members. So far, this provision has not been accompanied by the necessary procedural provisions that would regulate the way in which this sanction would be undertaken, as well as its duration. However, these shortcomings are being addressed by the new law on domestic violence. It is lacking in special and more simplified procedures for divorcing on account of violence. Likewise, there is no special arrangement in place with regard to effects that domestic violence may have on exercising parental responsibility, on leaving a child under the custody of one parent to be brought up and educated, and the right to paying a visit or having housing. 126.96.36.199.2 Summary of the main findings from an analysis of the justice system Judicial power10 An analysis of the roles, responsibilities and functioning of the judiciary identified the following as some of the most significant issues surrounding domestic violence: Even though the constitutional conditions exist, a specialised juvenile court is not yet in place in Albania. 10 Law no. 8436, dated 28 December 1998, ―On the organisation of the judicial power in the Republic of Albania.‖ 29 The Albanian judges are mandated to consider all penal, civil, administrative, commercial, and family cases, as well as all the other cases prescribed by law. However, the internal division of labour within courts and specialisation of certain judges for handling cases involving domestic violence is of import. The public has limited trust in the judiciary's performance and authority. There have been charges for corruption, procrastination of trials, non-transparent trials, and lack of professionalism among judges. The judiciary administration employees have not received special training how to welcome, orientate and treat the victims of domestic violence. Citizens are not well-informed about the way how the judicial power functions and their rights. Hence, instead of turning to the court, they file their complaint with the Ministry of Justice, thus missing out on the time frame within which they may lodge their complaint to a higher judicial body. Likewise, no easy-made and simple forms are available in order to facilitate citizens' access to the justice system. The judiciary does not boast clear, detailed or reliable statistics on cases involving domestic violence overall, and particularly, violence administered against/by children, against/by the elderly and women. A unified system to report the statistics containing the following data, is inexistent: Number of cases involving domestic violence taken to court and number of court decisions made about them. Average length of time for handling the case till a final decision is made. Execution of decision or not. Number of judges trained in the area of domestic violence, ethics, human rights, and violence-focussed case management. Number of trained administrative staff. Lack of statistics is at the same time associated with shortage of studies of the effectiveness of sentences and decisions made by the judiciary in order to fight domestic violence, which renders accurate and informed intervention for plausible improvements impossible. Argumentation contained in the court decisions is found to be superficial, devoid of clear-cut analyses of the fact of and the causes for domestic violence. Pronounced schematisation characterises criminal, civil and family law decisions. Arguments produced by courts should be well reasoned out and not a general routine given that they may both play an explanatory and educating role and shape the idea in the eyes of the public and interested parties, and particularly, perpetrators that domestic violence is intolerable and condemnable by the justice system. Experience surrounding criminal cases has demonstrated that punishment has not always been indicative of the gravity of case, and that the facilitating or aggravating circumstances have not been applied correctly. Failure to punish abusers makes the victims overall, and particularly, those in rural areas, turn away from the justice system. Meanwhile, even though, in principle, battering, wounding and other forms of physical and psychic violence are criminal offences and are liable to punishment, in the juridical practice and that of the law professionals it is noted that, if they involve household members, they are not handled with due seriousness. 30 Whereas the reality reveals cases involving children's abuse by parents, in the juridical practice these cases are in very low number as a child finds it difficult to denounce his parent as abuser. On the other hand, specialised knowledge of the trial approach, and the techniques of questioning the minors, who are part of the domestic violence, in conformity with their age and physiological peculiarities, is still limited. Even in the case of violent children it is noted that the legal coercive measures, which may lead to grave psychological, moral and physical consequences for the minor, are misused. Judges should make sure that the rules of procedure provide for prohibition of the humiliating and/or unauthorised question being posed to the victims of or witnesses to domestic violence, so as to reduce the traumatic effects of proceedings on or the re- victimisation of those affected by domestic violence. Basic infrastructure and services are overall insufficient. Trials still happen to be held under inappropriate conditions. Protective infrastructure is not in place, or protective measures for the victims of domestic violence, as well as for the judges themselves, during the process of investigation and trial are not guaranteed. A significant shortcoming concerns lack of coordination among structures. Inter- institutional agreements that offer multi-disciplinary protection to victims of domestic violence and unification of services are not in place. Such agreements may include those with police, emergency services (ambulances), forensic medicine, legal psychiatry, hospitals, local government (about plausible housing and other social services), advocacy (legal aid and free-of-charge counselling and defence), and non- profit organisations. Increased effectiveness and efficiency of the justice system is closely related to the level of cooperation between the judiciary and the other structures enforcing the decisions and legislation, including the public prosecutor's office, police and judiciary police, and bailiff's office. Ministry of Justice Apart from the specific role the Ministry of Justice has to seriously play in terms of the harmonisation of the Albanian legislation that helps combat and prevent domestic violence, the following shortcomings are also noted: Legislation and Legal Aid Directorate (part of the General Directorate of Codification) still does not boast a study on justice and legislation applicable in cases involving domestic violence. The Juvenile Justice Directorate, which is involved in and coordinates activities in defence of juveniles' rights and legitimate interests in the area of justice, and for the juveniles' legal education and prevention of breaches of law by them, does not possess clear statistics, divided by age-groups. This renders development of policies designed for preventing criminality among these age-groups and protecting juveniles' rights difficult. The Ministry of Justice has not yet enacted subordinate legal acts relating to the functioning of the Forensic Medicine Institute, which will allow: o Enhanced performance on the part of the forensic medical experts so that they produce expert opinions even at the request of the affected person 31 that files a charge in the case of criminal offences, which basically are not pursued legally (many of them concern domestic violence). Actually, the victims of domestic violence need authorisation by the police or the public prosecutor's office so as to be subjected to forensic medical expertise, with the procedure to the detriment of the victim being prolonged. o Reimbursement of expenses made by victims of domestic violence (in cooperation with the Ministry of the Economy and the Ministry of Finances). High Council of Justice and the Inspectorate of the High Council of Justice Under the situation where domestic violence is a matter of concern and victims' access to the justice system is not of such a level that bears comparison with European standards, the High Council of Justice should discuss that, in evaluating the judges' professional skills, it should collect data and also consider criteria related to the ethics, honesty and the way how a judge addresses domestic violence issues; it should orientate the checking conducted by the Inspectorate of the High Council of Justice on these issues and decisions; and it should recommend the judges' being educated with these issues. School of Magistrates Even though domestic violence issues have been part of the contents of the initial and ongoing training, the recommendation is that these sessions are kept going for as long as domestic violence remains a very serious issue, with the approaches adopted by the justice system being still fragile. The School should focus its attention on hosting regional conferences and meetings bearing also in mind specific characteristics of different regions in Albania, on staging mock trials, on conducting studies, on preparing the training modules, and on developing questionnaires about knowledge, sensitivity, needs and trends of the justice system. The hosting of multi-disciplinary sessions, with other players of the justice system attending, is also important. In the academic year 2003-2004, for the first time the School of Magistrate introduced elements of domestic violence and gender equality into the curriculum of basic formation. In adopting the curriculum of the basic and ongoing formation, the Steering Council of the School should lay emphasis on the inclusion of topical themes on domestic violence so as to ensure continuity. Public prosecutor's office Specialised public prosecutors capable of dealing with particular aspects of the legal proceedings of the criminal offences of domestic violence and victims' treatment, are missing at all the levels of public prosecutor's offices at a national level. Appropriate attention is not devoted to criminal offences, including battering or wounding, and this becomes a cause for violence to exacerbate to the point of being followed by grave criminal offences resulting in death. The punishment proposed to be inflicted on the perpetrator is overall light, and should fit the crime. Reporting, as compared to the real situation, is limited, with this reflecting the lack of trust in this body. The majority of criminal offences relating to domestic violence fall under the category of those criminal offences with regard to which legal proceedings start off following lodging 32 of the complaint by the affected plaintiff. For this reason, their reporting is not recorded at the public prosecutor's office, and is directly submitted to the court for the latter to exercise its powers (CLCI, ―For as correct enforcement of legislation as possible ...,‖ p.17). Even though the public prosecutor's office is duty bound to inform public opinion about the activity it is involved in, it is prohibited to provide data affecting the investigation process encroaching on persons' dignity and private life, and infringing juveniles' rights and public moral. Training on these and other issues concerning the public prosecutor's representative skills in court is still inadequate. Insufficient knowledge of proceedings in cases where the victim is not (has died), or does not want to file a complaint, is found. Judicial police Judicial police carries out investigation of criminal offences, under guidance and supervision of the public prosecutor's office. The organisation of the judicial police structures is complex, with the connections between the judicial police and other structures of the police being unclear. The operational performance of the police still calls for more discretion (the public prosecutor's approval of the investigative actions concerning domestic violence situations should be clearer). A sector tasked with handling issues surrounding domestic violence, is not in place. The police bodies are not clear about their obligation to offer support and protection to victims of domestic violence. Training of police on human rights, code of conduct, professional performance and domestic violation is not yet carried out in compliance with the appropriate standard and to the appropriate extent. Documentation of criminal facts by the judicial police leaves to be desired and this has led to it that, despite the considerable number of reports, decision has been taken not to start proceedings (CLCI, ―For as an effective enforcement of legislation as possible ...,‖ p. 33). The judicial police are not in possession of special registers containing detailed statistical data on victims of violence appearing at the judicial police and police bodies, in general. Judicial police's knowledge of the classification of a criminal offence does not meet the required standard, with it being blamed also for the above-mentioned effect. Clear-cut procedural protocols on the steps to be taken by the police and judicial police when dealing with cases involving domestic violence are not in place. Agreements of cooperation among judicial police, police and other governmental and non-governmental structures that offer services to victims. Bailiff's office Bailiffs have not received training on cooperation with public prosecutors, judges and police, and overall, there are no agreements of cooperation among structures. Victims of violence are not exempted from payment in the event of the execution of decisions relating to domestic violence. There are delays in the performance of the bailiff's office, or failures to carry out the orders of the executive branch, which in the event of domestic violence may have consequences for the victim's life. 33 Legal aid and advocacy The legislation providing for the right to legal defence is of a good level, with its enforcement coming across difficulties. This is due to lack of subordinate legal acts, as well as subjective reasons, which actually encroach on the effectiveness of the right to defence. Free-of-charge legal aid is generally offered to that category of persons who have limited possibilities, or have it impossible to cope with the expenses incurred to resolve legal issues. With the adoption of the new law on domestic violence, victims are provided with free-of-charge legal aid. Implementation of this new provision is important at this point. In the meantime, in order to ensure the effectiveness of defence exercised by advocate lawyers (whether free of charge or not), it is necessary to reduce to the minimum or eliminate problems related to professional code of conduct, including giving up defence during the process, lack of professionalism, failure to show up in different judicial hearings, and procrastination of the process. Better coordination between courts and public prosecutor's offices (they assign the free- of-charge defence lawyer), on the one hand, and local chambers of advocates in the districts, on the other hand, is required to enhance the quality of representation and defence of the victims of domestic violence. This calls for developing the rosters of free- of-charge advocate lawyers who have a rich professional background on domestic violence issues, and making those names available to the court and public prosecutor's office. On account of the importance and difficulty surrounding them, domestic violence issues call for a high level of professionalism among the defence lawyers, and the specialisation and experience of those assigned to do such defence. So far, little attention has been devoted to this aspect of the defence lawyers' professional background. The level of professionalism among defence lawyers in different districts is different. Under these conditions, the General Council of the National Chamber of Advocates is faced with the immediate task of developing programmes, modules and detailed training agendas for the legal interns and those exercising the profession overall. The Steering Council of the National Chamber of Advocates should make sure that, alongside the column containing questions about the would-be defence lawyers' qualifications, on a case-by-case basis, columns containing questions about the peculiar features surrounding the defence of victims of domestic violence, and largely, of children, women and the elderly, and filing of a civil lawsuit within the criminal process, are included. Legal aid to the victims of domestic violence is also offered by non-profit organisations operating in this area. Indeed, some of them have offered a highly qualified service. They include the Centre for Legal and Civil Initiatives (CLCI) (the former Advocacy Centre for Women), Legal Clinic for Minors and the Centre for the Protection of the Rights of Children in Albania. State's support to these services and centres is taking place in the framework of increased access to the justice system. The State is duty bound to prepare 34 the licensing process and offer support to non-profit organisations licensed to provide free-of-charge defence to victims, and to provide for their exemption from financial obligations towards tax offices in favour of the State's cash box. Coordination of training sessions on best practices with defence lawyers from non-profit organisations involved in the legal defence, is recommended. Ministry of Interior. State Police. Police School At a central level, the Child Defence Sector at the Ministry of Interior is one of the structures most involved in domestic violence issues. At a regional level, twelve Police Directorates at the Regions are in place. Professionally speaking, the police is still falling short of performing its roles in preventing the phenomenon of domestic violence, and in identifying, registering, following up on, and resolving different disputes associated with or followed by exercise of domestic violence. No reviews of the responsibilities the police may bear and the preventive role it may play in cases involving a crime within households and suicides, are carried out. Establishment of a reference and case management system designed for violated children, women and elderly, at all the levels of the police, is a matter of urgency. The standards of the police service offered by the relevant structures are still unsatisfactory. The ways how the police will keep violent individuals and households at risk to suffer violence under control, are not clear. No handbooks pointing in a simple and operational way to the procedural actions the police should undertake following receipt of notification about a violent act within the family, and no protocols regulating the quick communication between the police and the public prosecutor's office and the other multi-disciplinary services designated for the defence of the victim, are in place. There are no agreements for this purpose among the police structures, the non-profit organisations, health service, education and the media. The tasks of a preventive effect that the criminal police inspector and the inspector in charge of a given area should carry out following reporting of a criminal act to the public prosecutor's office, with a view to possibly preventing intensification of the conflict, which may trigger off another criminal act, are not clear. There is still no evident public telephone number that citizens may dial to report domestic violence. Overall, police officers have not received specific training so as to be able to address cases involving domestic violence in a serious and professional way. Disciplinary measures should also include cases of neglect with reference to domestic violence. Re-victimisation by the police is an irreparable damage. Indicators regarding recruitment of female employees in the structures of this police, as well as social workers in the police stations so that they may provide professional support to a violated person, seem to be still limited. So far, there has been no periodical highlighting or statistics referring to cases of domestic violence reported to the police. Nonetheless, thanks to the foreign aid provided to police structures, the system of automated registration TIMS, to which all the police employees will have unlimited access and public prosecutors and judges 35 will have limited access, is under construction. The TIMS reporting system will also contain data on domestic violence. Hence, the training of police officers on the operation of the system, and the development of subordinate legislation (directives) on the data to be automatically entered into the system, is important. Public notary's office No free-of-charge services for authenticating legal acts in favour of low income victims of domestic violence are provided for. Public notaries' training on different issues of the professional code of conduct is highly limited. Forensic medicine The Forensic Medicine Service is still in need of specialised training for the forensic medical experts and protocols on training on cases involving domestic violence, and on the way how examination is conducted and records are taken down. Experts should also be in possession of the package with the necessary tools for examining the cases involving domestic violence. Instructions for taking down statistics should be developed, and agreements of cooperation with the other services offered to victims should be concluded. Faculty of Law. Post-graduate schools The increase in the number of the faculties of law immediately calls for the unification of the standard of knowledge in several subjects and at several levels among all the public and private faculties so as to make sure that the students do have the required knowledge of the meaning of domestic violence, the forms in which it unfolds, and the legal approach towards violent behaviours. Not all the faculties boast such legal clinics (or, even where they exist, they are not in use), that stimulate training of students' teams both theoretically and practically. The domestic violence issue and the way how it is addressed by the justice system are not yet incorporated into the curriculum of some subject in the majority of the faculties of law. Teachers and students should be encouraged to conduct scientific research on domestic violence (for university and post-graduate studies), and the measures to prevent and protect the victims. 18.104.22.168 Initiatives launched and the problems surrounding social services As early as 1996, in their report Domestic Violence in Albania the Human Rights Advocates recommend that the Albanian State should look after the victims of domestic violence, extending legal and social services to them.11 CEDAW, likewise, recommends that measures should be taken to set up ―shelters‖ for women and children subjected to domestic violence, and for the necessary staff to be trained so as to be able to handle victims of domestic violence from the legal and social points of view. Irrespective of the recommendations, the contributions to the written and electronic 11 Amnesty International 2006, Albania: Violence against Women in the Family Is Not Her Shame. http://web.amnesty.org/library/Index/ENGEUR110052006?open&of=ENG- ALB 36 media, where domestic violence is denounced, and the capacity building among a number of non-profit organisations are the only actions that have been undertaken so far. Women and children, against whom domestic violence is administered, find it impossible to receive services, assistance and support by public organisations. Even though, at a local government level, there are sectors dealing with education and social services, which are duty bound to cope with domestic violence, because of the process of the decentralisation of power many problems have been avoided. Social services offered by the local government are only reduced to financial assistance, or to addressing violence at the police station, non-profit organisation or hospital. The service provided by the psychologist/social worker is the most specialised service providing assistance to children subjected to domestic violence, still at the stage of a project. In 140 countries, the psychologist's services are attached to schools. However, not all these services are carried out by professionals who have been graduated as such. According to the annex on Psychological Service at School developed by the Curricula Directorate at the Ministry of Education and Science, it is recommended that this job is also performed by persons whose job is approximate to that of the psychologist, which has led to reduced quality of the performance and impact on children. Under the said project, this job is focussed on promoting physical and mental development and providing assistance to enhance the quality of teaching and learning. Under this recommendation, the psychologist's job is separate and specified, while it is advisable that the social worker should deal with other issues. In many cases, these jobs have been unified. The service staff for the psychologist and social worker does not have specific training. The social or health services have not set treatment of children abused by domestic violence as the goal of their performance. Even though the majority of kindergartens and schools have been recovered, they have not provided for recreational environments for children abused by domestic violence, including relaxing rooms, a dining annex, an art room, a room for hand games, and the information and communication environments. The existing environments, including the library, the activity rooms, the gyms, and the computer rooms are little made use of to serve these children. The buildings do not offer high safety, and the fencing and communication systems are inefficient. The large number of students in a class, in certain areas, is of great concern to these children. According to the report by Amnesty International 2006, the Albanian Government has failed in providing legal defence to victims of violence, and in offering social services to them for their reintegration. 1.2 LEGAL FRAMEWORKS FOR GENDER EQUALITY AND DOMESTIC VIOLENCE 1.2.1 GENDER EQUALITY The Law sanctioning of equality of all citizens (Article 18 of the Constitution), stipulates that husband and wife are equal and are to be treated the same, in an equal manner and 37 imply equal enforcements. Equality pervades throughout the Constitution and other laws. The Draft Law for Gender Equality fills the legal frame pertaining to the gender equality in education, employment and decision making. It enables establishing of governmental mechanisms in compiling policies for gender equality and foresees measuring the influences of these policies throughout evaluations and periodical monitoring. A series of Codes approved after 1995, contain provisions protecting human rights and sanctioning the principle of equality between husband and wife. More concretely we can mention: Civic Code and Code of Civil Procedure, which acknowledge women's legal right from birth, to the legal right until the age of consent, to have the same rights as men - for example the right of residence, keeping her surname, heritage, etc. Criminal Code and Code of Criminal Procedure defend in equal manner men and women, but also places them without discrimination in front of criminal liability when they are subject to criminal acts. Family Code approved in 2003, acknowledges equal rights of men and women ,who upon reaching age 18, to enter into matrimony freely; to follow the same procedure of resolving a marriage; to have equal rights and obligations in a marriage, family, raising and taking care of children, etc. Code of Labour acknowledges equal right of men and women to freely choose vocation, the right for equal reward for work of equal value; the right for yearly paid leave; etc. Other particular laws ensures equality in the field of decision taking, education and professional training, ensures protection against sexual harassment, protection of reproductive rights, protection through social insurances, etc. Also the principle of non-discrimination is sanctioned in point 2 Item 18 of Constitution:‖ None can be discriminated unjustly for reasons such as gender, race, religion ...‖. Usage of term ―gender‖ compared to ―sex‖ used in main constitutional dispositions shows a positive step towards usage of concepts for gender perspective, as per international standards. While using this term in an appropriate way, lawmakers have the possibility to create protective legislation for man and woman, by not focusing only on the biological aspects but also the social roles. Albania has been a member state of the United Nations since 1955 and it has ratified a number of Conventions for Human Rights, where for the matter we are discussing now the most important is the Convention on the Elimination of All forms of Discrimination against Women (CEDAW), ratified by the Albania's Parliament on 1993. This Convention for its importance is also known as the Women's Convention. Albanian government has reported to the CEDAW Committee on January 2003, and now is preparing the second official report, as per Convention protocol. Albania as well adheres to the Optional Protocol of the CEDAW, with Law no. 9052 ,dated 17.04.2003.12 12 For a more detailed description of the legislation, please refer to Annex 1 of this strategy. 38 1.2.2 Domestic Violence Law for Measures against Domestic Violence. The approval and entrance into force of this law is an important step towards completing the legal framework in the domestic violence area. This law has two main directions: First it sanctions the state organs that have obligations and competences to address the domestic violence. Second the new law enables the courts to issue protection orders against the violator, an additional mechanism in protection of the victims of domestic violence. A challenge for the implementation of this law is its completion with the sub-legal cadre (framework) and a proper financial support. 1.3 INSTITUTIONAL MECHANISMS THAT ENSURE GENDER EQUALITY IN ALBANIA 1.3.1. Governmental mechanisms that ensure gender equality. Law No. 9198 date.01.07.2004 ―For gender equality in society‖, after amendments in February 2006, determines as a responsible authority for issue of gender equality the Ministry of Labour, Social Affairs and Equal Opportunities (MOLSAEO). The vision of democratic governance through women's advancement and the achievement of gender equality enabled these issues to be included in the Ministry's policies as important priorities, while putting emphasis on strengthening governmental mechanism. For this reason, in MOLSAEO, a Directorate for Policies and Equal Opportunities has been created. This Directorate has as its main mission: ―creating and developing policies for initiating equality in fields such as gender equality, equality/inequality in abilities, problems of ethnic, ethno-cultural and lingual minorities, age inequalities, the generation/racial one etc‖. In particular about issues of gender equalities Directorate has one objective: ―to encourage gender equality and a broad participation of woman in economic, political and cultural life of the country‖. Duties of Directorate on issues pertaining to gender equality are: To create policies for equal opportunities focused on gender equality and protection of rights of other social categories as they are mentioned in its mission statement. To propose initiatives for studies and analysis in the field of all political spectrum for equal opportunities and usage of these studies in the process of development policies. To write legal acts that are needed for achievement of equality in different areas and to implement and monitor legal disposition for equality and regulations that are approved based on it. To supervise implementation of international acts in the field that it covers, that are approved by Government. To cooperate with non-profit organizations active in the field of equal opportunities. To coordinate work for preparation of National Programs for equal opportunities for population categories that cover object of Directorate for Policies of Equal Opportunities. 39 Creation and strengthening of network of contact points at the level of ministry and prefecture is a prerequisite for implementing gender mainstreaming that impacts on the improvement of situation of gender equalities at a national level. At the parliament level, within the Parliamentary Commission of Work and Social Issues, functions a Sub-commission for Minors and Equal Opportunities, based on which problematic that covers it embraces and takes upon law initiatives. This sub-commission cooperates with MOLSAEO for issues of gender equality and children. 1.3.2. Other mechanisms. The importance of gender equality is emphasized in the report of progress of SKZHES 2003 that puts stress to the right for equal access to employment and education, while making it clear that these have a direct impact on the reduction of poverty. Policies and focused programs towards implementation of gender equality are crucial in governmental programs for integration of Albania in EU. Law for Encouragement of Employment predicts the support of employers to create vacant positions and employ candidates that are offered from the Office for Employment. In support to this law, five programs for employment impetus are applied: (1) program of employment impetus of unemployed people seeking employment; (2) program of employment impetus of unemployed people seeking for employment through employment training; (3) program of employment impetus through institutional training; (4) program of employment impetus of unemployed women that seek for employment; (5) program for employment impetus for students that have finished higher education within or outside of the country. At the central level is MOLSAEO, whose mission, according to law No. 7995 dated 20.09.1995 ―For engorgement of Employment‖ and law No. 8872 dated 29.03.2002 ―For education and professional development in RA‖, is the creation of policies in the field of employment and professional development. The Ministry implements this through the Directorate for Policies of Employment. National Service for Employment (NSE) (established on 1988) is an independent public service with a status of a central state administration that reports to the minister. Its highest decision-making body is Triple Administrative Council with 13 members that are headed by the Minister; two members of this council are women. Moreover, in support of law No. 8872, dated 29.03.2002 ―For Education and Professional Development in Republic of Albania‖, since November of year 2003, a National Education and Development Council has been created. The social dialogue in Albania is developed between social partners in ... with representatives of government for important issues that are related to policies or interventions of the later. On the country level, it has been covered with collective contracts 85 per cent of the employees on public sector and 22 per cent of employees on private sector. Within Offices for Employment function consultation councils for three entities that are develop consulting about sustainability of policies, programs and projects for employment. Social partners participate in Administrative Councils of Institution for Social Insurance and National Service for Employment. 1.3.3 Governmental mechanisms addressing domestic violence 40 The Law ―On violence in family relationships‖ defines two types of responsible authorities: the administrative and judicial authorities. Ministry of Labour, Social Affairs and Equal Opportunities This Ministry is the chief responsible authority (Article 5/1 and Article 6). It has a coordinating, supportive and supervisory role to play. The tasks of the Ministry of Labour, Social Affairs and Equal Opportunities include: Identifying direction of state policies Financing projects benefiting victims of violence and protection of the household Supporting establishment of auxiliary structures of infrastructure and supervision of this process Training Keeping statistics Supporting and supervising service centres Licensing the non-profit organisations Ministry of Interior The tasks of the Ministry of Interior include: Setting up special sectors addressing domestic violence at each and every police directorate (Article 7/1/a) Setting up special structures and appointing the persons responsible for the enforcement of this law (may also be at the level of the postal service) (Article 8/1) Training police effectives to be addressing domestic violence (Article 7/1/b) The tasks of the Ministry of Interior structures include (Article 8): Police (at a regional and local level): Setting up special structures and appointing persons responsible Responding to each and every notification by the victim or other persons Keeping a report and providing the victim or the accompanying person with a copy Informing about the sanctions laid down in the legislation, and the institutions to be addressed to Informing the victim about social services Accompanying the victim to these services Transporting the victim to health or social centres Placing a policeman at the victim's disposal if the latter's life is at risk In the event of suspicion of domestic violence, the police should start off checking immediately, reflect the findings in a report, and initiate mainly investigations Providing the victim with the number of the reported case (TIMS) Other functions of the police in the framework of orders for protection include: Upon order by the court, the police should accompany the victim or perpetrator to the dwelling so as to supervise the taking away of their personal belongings (Article 10/1/f) Seize the weapon found during control (Article 10/1/g) Remove/suspend the perpetrator's permit to use the weapon (Article 10/4/b) 41 Submit application concerning Order for Protection and Order for Immediate Protection of the victim of major age (Article 13/1/c and Article 13/3/c) Provide applicant or court with certified (sealed) copies of the official documents (Article 15/2) Take part in the hearing for issuing the Order for Protection and Order for Immediate Protection Carry out immediately the court decisions, and check on their on-going execution In the event of criminal responsibility, the police should cooperate with the public prosecutor to initiate legal proceedings (Article 24, Article 23/6) The tasks of the local government units include: Setting up social service structures dealing with domestic violence Setting up social and rehabilitation centres for the victims and perpetrators Referring, orientating, accompany and transporting victims to other services Providing the victim and court with official documents Submitting application to the court concerning Order for Protection for minors and Order for Immediate Protection Taking part in the hearing for issuing the Order for Protection for minors Ensuring execution of court decisions Installing a 24-hour telephone line, which later on establishes contacts with the local government units, police, medical emergency wards and the non-profit organisations, thus also establishing coordination among them The tasks of the Ministry of Health and its structures include: Building the capacities to address cases involving domestic violence in emergency wards and health centres (communes and municipalities) Offering medical and psychological assistance at all times Carrying out medical examinations at all times Providing the victim with a medical report Referring/orientating the victim to other services (Article 7/2/d), as well as accompanying or offering transport to him/her (Article 8/3/b and c) Bringing in certified documents to court Ministry of Justice This Ministry addresses domestic violence issues through the forensic medical service, bailiff's office and legal defence. The tasks of the forensic medical service include: Training experts on domestic violence and violence against children Ensuring the material basis to experts Supervising enforcement of legislation Carrying out examination and providing the victim with a copy Appearing in court in its capacity as expert The tasks of the bailiff's office include: 42 Training bailiffs on the execution of the Order for Defence and the Order for Immediate Defence Ensuring their fulfilment Undertaking all the required actions The tasks of the legal defence include: Ensuring legal defence free of charge Submitting a number (roster) of trained defence lawyers offering this service All the above-mentioned bodies are duty bound to respond to each and every case, and address it on the basis of the specific features of each one of them. Likewise, they are duty bound to carry out the court decisions, to record and enter everything into the documents, and to cooperate with the other structures. For failure to fulfil these obligations they are held administratively responsible and responsible before the law. The tasks of the Court include: Considering applications for the Order for Defence and Order for Immediate Defence Ensuring enforcement of this law and other laws Abiding by the principles underpinning impartiality, legitimacy, non-discrimination, and reliance on evidence, and observing the professional code of conduct. Undertaking measures for the internal administrative organisation so that it responds in time (urgently) to victims addressing it, and providing safety and security in the court environments Training judges so that they are acquainted with the law on domestic violence Training the staff so as to respond to victims according to law and code of conduct. CHAPTER TWO: VISION, STRATEGIC PRIORITIES AND STRATEGIC AIMS. Gender equality and empowerment of women are important instruments to reduce inequalities and poverty among this part of the society. Interventions and strategies for reduction of poverty and respecting rights of the poor, are successful if (a) recognise women as a group that are not offered equal opportunities to exercise their rights, and enjoy achievement of an equal status with men; (b) increase participation of women in identifying solution to problems that they have, while respecting not only their rights, but also by contributing in compiling programs and sustainable policies; (c) conjuring development of policies and principles of equal rights and gender equality. 2.1. VISION Economic and social development of the country and compiling and implementing of appropriate policies for execution of gender equality, will serve as a premise to program objectives that are related to gender equality, equal access among men and women in decision making at the central and local level, in the field of education, health care, employment, public services, prevention of domestic violence, etc. To fulfill this it is necessary to determine clear and achievable aims that are related to 43 education, health services for women, ensuring opportunities for employment and income, reduction of violence and all other social problems, as well as participation in the decision making policies at the local and central level. Furthermore to achieve this vision, many interventions, strategies and ―pro gender‖ policies are necessary that assure positive changes on lives of women. The main goal is inclusion of gender issues in public policies through concrete action plans, detailed and budgeted to provide grounds for gender equality and minimise the phenomenon of domestic violence in the future, supported by documents, international recommendations and instruments, while referring to concrete conditions in Albania. 2.2. STRATEGIC PRIORITIES Some of the strategic priorities of this document are as follows: 1. Strengthening legal mechanisms and institutions with the aim of ensuring gender equality in Albania. 2. Empowerment of women through participation in decision making; 3. Economic empowerment of women and increasing employment opportunities and professional training; 4. Promoting equal access of women and girls to quality education; 5. Improving social situation of women at risk through increasing their access to quality social services. 6. Improving population's health through increasing response of the health system to the particular health needs of men and women. 7. Upgrading the role of media in creating a modern perception of gender equality in society and women's increased presence in the media. 8. Raising awareness of the phenomenon of violence, legal and administrative protection, and providing support to individuals affected by domestic violence and to perpetrators. 2.3. STRATEGIC AIMS 1. The strategic aims contained in this document have been developed following analysis of strategic priorities. For each and every area, the strategic aims have been further elaborated, and materialised in specific objectives and concrete actions that have to be undertaken. For all these, and the monitoring and evaluation indicators concerning achievement of strategic aims, please refer to the Action Plan. 44 CHAPTER THREE: POLICIES 3.1. INSTITUTIONAL MECHANISMS THAT SECURE GENDER EQUALITY IN ALBANIA Although men and women enjoy de jure equal rights, a major obstacle exists in implementing these rights in everyday life (ensuring de facto equality), There is always space for further improvement of the legal and institutional mechanisms that ensure gender equality in Albania, with the aim to create favourable conditions to achieve this task in reality. Hence, having in mind the fields covered by the present strategy and the legislation, related to the improvement of legal and institutional mechanisms in function of achieving gender equality in society, following measures are Recommended: 1) Reinforcing government mechanisms at a central and local level with a view to implementing and monitoring the Strategy. 2) Reviewing legislation from the gender-focussed perspective in line with international standards. 3) Raising public awareness, especially among women and young women, about the legal rights they are entitled to. 3.2. GENDER EQUALITY IN DECISION MAKING The document ―Pro-poor & pro-women development policies in Albania13‖ of 2005 sets out a set of interventions targeted at strengthening woman's participation in the political life. Taking into account the existing legal framework and the current institutional gender equality mechanisms, we recommend the following measures aimed at the achievement of gender balance in decision-making: 1) Ensuring increased number of women in political decision-making. 2) Raising awareness of the Albanian society about women's active participation in politics. 3.3 ECONOMIC EMPOWERMENT AS A PRECONDITION FOR ACHIVING GENDER EQUALITY The economic, social and cultural fluctuations have been reflected in the Albanian legislation, which was enriched with new codes. A new regulation of labour relations was introduced in the new Code of 1995 and its related legislation and sub legal acts that have been constantly improved based on international standards for human rights. Women 13 UNDP, Human Development Report, Albania 45 rights as an integral part of human rights have been integrated in Albanian legislation in general and in the in the labour legislation in particular. Practically, we have no data related to cases of discrimination because of pregnancy or motherhood in the public or private sector. However it is thought that in private sector the women are subject to discrimination on the above-mentioned grounds. Because of these states. Typically, a woman does not get employed if she is pregnant or if she has small children. There are no cases of reporting to court because of these reasons. This might be the case because of the lack of knowledge of the relevant legislation that guarantees labour rights for this category of women, or maybe because of lack of trust of women that they can effectively protect win their rights, therefore they do not make any denunciation. Recommendations: 1) Increasing the number of projects or pogrammes promoting women's vocational training and employment, and extending these projects to rural areas, as well. 2) Ensuring increased number of entrepreneurial women by offering them opportunities to have greater access to property, capital and loans. 3.4 EDUCATION AND ELIMINATION OF GENDER INEQUALITY Strategy for Gender Equality in Education aims and improving in a visible way results gender based in educational system in Albania. In accordance with important documents based on which Albanian government relies to reduce poverty, as Millennium Development Objectives and SKZHI. Poverty has impact on achievements in education not only at the macro level (countries with poor household economies register poorer academic performance), but also at the micro level (children from poor households receive less education as they are forced to interrupt or drop out of school in the face of their economic shortages and their need to contribute to household's well-being). Females are particularly affected not only because of economic reasons (mainly by supporting families) but also because of social and cultural attitudes that consider investment of education in females as a low priority. Recommendations: 1) Upgrading curricula promoting gender equality, and enhancing women's participation in teaching, planning and management of education 2) Building up the education institution capacities to mainstream gender-equality issues and concepts into planning, application and monitoring of education. 3) Ensuring communities' and households' upgraded social and cultural approaches promoting values and importance of young women's education, including women's roles in and contribution to development. 3.5. SOCIAL PROTECTION 46 State of social well being ensures social protection14 through two main mechanisms: 1) cash transfer in the form of economic remittance; 2) public or private services for people in need. Cash transfer aims to guarantee a dignified life above the minimum living border (pension for elderly, invalidity, disability pay, and economical help for poor). Disadvantage of the cash transfer for women: Many of the cash transfers are related to social insurance and are given in the form of the family pension for persons that are dependent upon the beneficiary. Cash transfers are related to the male beneficiary and he is bearer of the whole family payment, if he does not have any earnings. This leaves out being a beneficiary women head of the households, who due to gender traditional model which encourages women staying at home, to watch out after children, and not being employed. Women that were employed were not head of the house hold at the moment upon initiating a family, since the head of the household is the man and as a consequence were not impeded to have an employment that is well-paid and full time, but part time job or job that is not paid well. Hence contribution for their security is low. Program of economic help represent an important component of policies for social protection in supporting poor families, who under the free market economy, are more vulnerable from poverty and risk of social marginalisation. Through this program it is offered a guaranteed minimum of income in monetary means (monthly cash transfer) to gratify elementary living needs for families without any incomes or with incomes below the level that is determined as ―official frontier of poverty‖. Scheme of economic help started to function in 1993 based on Law no. 7710, dated 18.05.1993, ―For assistance and social care.‖ Economic help that is given to the families bearing Albanian citizenship that have insufficient income or do not have any material income from any economic activity, members of the family working abroad, and capital. In order to improve the overall quality and delivery of social care, MOLSAEO and the State Social Service require support of the donors, and must increase engagement with local authorities, civil society and international organisations, etc. 14 Social policy has to do with directing changes, to maintain or create living conditions that are more favorable for social welfare. In this way social policy is part of public policies that have to do with social issues as a public access to social programs. Aim of social policy is to improve social welfare and to recognize human needs for education, health care, shelter and social security. In an academic environment social policy refers to the studying conditions of the wellbeing and opportunities to respond to social needs. Social protection refers to the structures of material goods (or immaterial) from the state, business world, civil society and families or through combination of these agents, individual/family to minimize multi- dimensional lost. Social services implicate complexity of services that are offered to individuals and groups in need, who are not in the position to endure, with the resources they have available, their life needs, to maintain, develop and rehabilitate individual opportunities, to overcome emergency or chronic needs. Community social services are all types of social services, public or not public, that are provided at central level, within the territory that is under jurisdiction of a district/municipality/commune. Civil society involves the complexity of social institutions and organizations, which advocate and undertake actions for the benefit of the public while providing conditions for cooperation between government, business world and family. Included are the non-profitable organizations, unions, religious groups, social, cultural and sport clubs, professional societies, Academy, political institutions, consumers and client organizations, media, civil groups and religious institutions. 47 Recommendations: 1) Extending support to poor households and individuals and groups in need with a view to reducing poverty by providing cash payments and social services, giving priority to households with female heads of households, mothers of many children and orphaned children. 2) Ensuring nation-wide distribution of community-based services for women with social problems. 3.6. HEALTH CARE AND SERVICES Strategy of Gender Equality in Health care address not only the needs of women for reproductive health, but also for other general health needs of women and improvement of general conditions that create different health needs among women and men. While being aware that men and women take upon different roles and obligations in the family and community, raises the necessity to include their needs, interests and contribute to compiling, implementing, and monitoring of program policies and different project in the field of health care. In addition, when discussing health care, it is needed to take into account factors or differences described below: 1. Illnesses or health problems that women are more vulnerable to due to gender specifics. These are seldom situations that are interrelated to reproductive system of women. Prevalence of those could be an important indicator for the health of women in a specific community. In many cases these complications can come from receiving an inadequate health care, use of traditional medicine practices or even use of force. 2. Illnesses or problems that suffer evenly both genders, but that are more present in one of the groups. These are the situations where women or men are more vulnerable, due to biological differences which combined with unequal relation of the government and unequal access to health care. Situation can be even more difficult when women, in particular, are blocked to receive the necessary service to treat complications/possible illnesses. 3. Illnesses or problems that are present in both genders but that influence more negative or make one group more vulnerable. 4. Illnesses or problems that are present in both genders, but one of the genders are in a disadvantageous situation to protect or cure. Lack of taking under consideration of these factors might lead to a situation where system of health care services discriminate women or men. If we refer to legal framework in Albania, including conventions of international documents ratified by our country, gender quality is promoted and no discrimination is allowed. Specifically, article 12 of CEDAW convention states: ―Government need to take all necessary measures to evaporate discrimination of women in the field of health care, to ensure based on equality among men and women, identical access to health services, including those that are related to family planning.‖ 48 Recommendations: 1) Developing and improving health policies and programmes so as to address gender differences and meet women' and men's health needs. 2) Enhancing knowledge and understanding of females' and males' health, as well as of their health needs. 3) Providing support to and guaranteeing women' and men's full and equal access to all levels of health care, and ensuring provision of effective health services to them. 4) Providing support in extending effective health services to women and men, and promoting good health by undertaking preventive measures and reducing risk factors surrounding women's health. 3.7 Elimination of Gender Stereotypes in Mass Media Knowing, promoting and implementing gender equality in media is a must for every democratic society, because it impacts the increase of women participation in all the walks of life, especially in the decision-mailing institutions. The role of the media is to inform the public in an objective manner, to give and support a dignified image of the individuals in the society. Media must detach from the sexist language, false PASQYRIM and stereotypes created on the role of the individual in general and of women in particular, in family and society. Gender mainstreaming, as one of the important issues of development policies and as an answer against the continuous marginalization of women and girls, has laid several requirements in the political aspect and in the civil one, where media plays an important role. The reality of the albanian society speaks for the deep lack of gender equality, incomprehension and non-acceptance of it, and it is a primary task for the media to become agents of change through the approach of the multi-dimensional figure of women and a proper presentation of her activities in society. Recommendations: 1) Raising awareness and quality of public information about overcoming gender stereotypes and the importance of achieving gender equality in society, through various policies and products in the media. 49 KAPITULLI I KATËRT: LLOGARIDHËNIA 1. Implementation The Directorate for Equal Opportunities under the Ministry of Labour, Social Labour and Equal Opportunities, which is designed to promote gender equality and women's participation in the country's life, is tasked with the implementation of the National Strategy for Gender Equality and against Domestic Violence. The other institutions responsible for its implementation include the Ministry of Education and Science, the Ministry of Health, the Ministry of Justice, the Ministry of Interior, along with their subordinate institutions. Local government bodies will be playing a major role in the implementation of the said Strategy. Contact points located at the Prefectures and Municipalities will bring cooperation between the MoLSAEO and local government to fruition. Concerted efforts have been registered for developing human resources and institutional capacities of the Prefecture and Municipality network. 2. Monitoring The following will be held accountable for the monitoring of the National Strategy for Gender Equality and against Domestic Violence: 1. National Gender Equality Council, which will be set up with decision by the Council of Ministers, and will be headed by the Minister of Labour, Social Affairs and Equal Opportunities. This Council will be constituted of the deputy ministers of the line Ministries, representatives of associations and interest groups and academic world. 2. Technical Secretariat for the Monitoring of the Strategy for Gender Equality and against Domestic Violence, at the MoLSAEO, which follows up on the implementation of the said Strategy and Action Plan. 3. Committees for Equal Opportunities at the municipality level. The tasks of the above bodies will be established with decisions by the Council of Ministers. 50 3.8 ADDRESSING DOMESTIC VIOLENCE 3.8.1 Prevention Prevention of domestic violence is a priority of the Government. It is essential that each and everybody, who is affected by domestic violence, should have access to the necessary information, and counselling, and that the professionals know how to respond to the early signs of violence. Policies in the area of prevention orientate towards: 1) Preventing domestic violence through a change in the population's approach, and particularly, in the young people's approach; 2) Population's education and awareness-raising campaigns 3) Quick offering of assistance to all the victims of domestic violence so as to prevent repetition of violence; 4) Counselling and providing information to all the victims on how to receive supportive services and legal defence; 5) Stopping violators, where possible, from repeating violent acts. Recommendations: 1) Educating children and young people at school in a way that future generations become aware of the healthy relations and are informed that domestic violence is a crime and is unacceptable. 2) Following the instructions issued by the Ministry of Education and Science on the hosting of educational and awareness-raising events at all the levels of teaching, either at a city, district or region level, so as to increase the awareness of and prevent all the forms of violence against children. 3) Upgrading curricula, textbooks and extracurricular texts in different areas of study. 4) Educating the public at large on the gravity of the problem of domestic violence, and focussing on the violator. 5) Hosting publicity campaigns on a constant basis. Information on the victims should be developed further on so that the details concerning the support and assistance offered by different bodies are easily accessible to everyone looking for them. 6) All the professionals and staff, and particularly, those involved in the health/social services and education sector, as well as those involved in other sectors, should receive the appropriate instructions and training so as to be able to identify the victims of violence at an early stage, and offer assistance and support. 7) Keeping on experimenting with the psychological service in urban areas, planning teachers' training, the psychological service's monitoring and evaluating activities on the part of the psychological service, and empowering the experts' network at a national level. 8) Developing instructions on best practices, source materials or handbooks by the education and health sectors, and coordination being ensured by the Ministry of Labour, Social Affairs and Equal Opportunities. 9) Coordinating development of source materials with specialised non-profit organisations. 51 10) Developing projects targeting the violators so as to help them accept the responsibility for their acts, and modify their behaviours. 3.8.2 Protection and justice It is vital for the victims of violence and abuse to have access to information on protection through the penal and civil legislation, and to receive positive reactions by the Government, police and different bodies of criminal justice. Policies in the areas of protection and justice should be focussed on the following directions: 1) Providing safety to all those affected by domestic violence, and holding violators responsible before the law for their acts. 2) Ensuring a sustainable and effective response by the police to each and every incident reported on domestic violence. 3) Extending the witness's protection procedures to the victims of domestic violence, where necessary. 4) Applying punishments and sanctions intended for domestic violence. 5) Empowering victims not to hesitate to link up with the bodies of protection and justice on account of their treatment at different stages of the process of justice. 6) Allowing that the civil and penal legislations offer maximum protection to all the victims in such a way that domestic violence is not repeated. 7) Raising awareness of the law on domestic violence. Recommendations: 1) Criminal justice bodies acknowledge the need for intensifying their efforts so that victims are offered the required defence, and violators are held accountable before the law for their acts, and build up the trust of the public in the services they are offering. 2) The information on civil and penal legislations and legal proceedings should be available on a permanent basis. 3) The players in the justice system, who will be dealing with cases involving domestic violence, should be identified. The units/sectors/sections to be coping with domestic violence issues should be set up at the relevant institutions. 4) The employees of the judiciary should receive training on domestic violence, and special measures with regard to victims should be put in place. 5) The subject of gender-based equality and that of domestic violence should be ensured sustainability and consolidation in the curriculum of the Police School. 6) Drawing on the partnership between the different bodies of the judiciary and non- profit organisations, a programme of training for the judges should be built. 7) Care should be taken to ensure that criminal and civil courts share the necessary information on a constant basis. 8) Reviewing should take place so that the lessons learnt are identified, and the performance of different bodies is upgraded. 3.8.3 Social support The victims should have access to a range of supportive services extended by different bodies. The policies in the area of social support should be orientated towards the 52 following directions: 1) Increasing possibilities for accommodation, while providing greater assistance to help victims stay at home if possible, shelters and re-accommodation services, as well as upgraded information and counselling. 2) Providing assistance to victims who have just left or walked out of a violent relationship so as to rebuild their life. 3) Offering support to children and young people affected by domestic violence. 4) Providing information to each and everybody affected by domestic violence through the different bodies specialised for this problem. Recommendations 1) Establishing a 24-hour supportive telephone line allowing victims to report and receive the required and quick support. 2) Upgrading cooperation and sharing of information among different agencies. This type of cooperation should be accompanied by the development of a number of acts, which will support services, and acts on care towards children, acts on social services, acts on police and on health services at a local level, as well as acts on special health services at a local level. A system of coordination to be introduced is the only possibility to establish a good routine between institutions and organisations focused on fight against domestic violence. 3) Supportive services on accommodating victims into shelters should be expanded. 4) Funds should be granted to organisations offering supportive services to victims of domestic violence and their children. 5) Services to identify and support children and young people affected by domestic violence should be developed. 53 CHAPTER FOUR: ACCOUNTABILITY 1. Implementation The Directorate for Equal Opportunities under the Ministry of Labour, Social Labour and Equal Opportunities, which is designed to promote gender equality and women's participation in the country's life, is tasked with the implementation of the National Strategy for Gender Equality and against Domestic Violence. The other institutions responsible for its implementation include the Ministry of Education and Science, the Ministry of Health, the Ministry of Justice, the Ministry of Interior, along with their subordinate institutions. Local government bodies will be playing a major role in the implementation of the said Strategy. Contact points located at the Prefectures and Municipalities will bring cooperation between the MoLSAEO and local government to fruition. Concerted efforts have been registered for developing human resources and institutional capacities of the Prefecture and Municipality network. 2. Monitoring The following will be held accountable for the monitoring of the National Strategy for Gender Equality and against Domestic Violence: 4. National Gender Equality Council, which will be set up with decision by the Council of Ministers, and will be headed by the Minister of Labour, Social Affairs and Equal Opportunities. This Council will be constituted of the deputy ministers of the line Ministries, representatives of associations and interest groups and academic world. 5. Technical Secretariat for the Monitoring of the Strategy for Gender Equality and against Domestic Violence, at the MoLSAEO, which follows up on the implementation of the said Strategy and Action Plan. 6. Committees for Equal Opportunities at the municipality level. The tasks of the above bodies will be established with decisions by the Council of Ministers. 54 55 NATIONAL STRATEGY FOR GENDER EQUALITY – ACTION PLAN STRATEGIC SPECIFIC ACTIONS TO BE INSTITUTIONS IMPLEMENTA SOURCES/ ASSUMPTIONS/ MONITORING M & E OBJECIVES OBJECIVES UNDERTAKEN RESPONSIBLE TION TIME BUDGET DIFFICULTIES INDICATORS MECHANISMS & PARTNERS 000/LEKË Aim 1 Objective 1.1 Objective 1.1.1 Strengthening Strengthening Setting up new Plausible of protective of government structures, and in delays by the legal and mechanisms at concrete terms: Council of institutional Ministers in frameworks a central and - National Gender MoLSAEO, 2 (two) It has no taking a The bodies MoLSAEO and local level, Equality Council Council of months financial decision on the set up; mechanisms with a view to (NGEC) Ministers, following impact. establishment designed to enforcing and adoption of of the National ensure gender monitoring the - Technical MoLSAEO, the Strategy. It has to be Gender Clear terms Directorate equality in Strategy. Secretariat (for the estimated Equality of reference for Equal Albania. monitoring of the Within first Council may regarding the Opportunities also lead to strategy) half of 2008 delays in duties and - Committees for getting the responsibilitie Equal other bodies s of each and Opportunities MoI, stabilised. every body (at a municipal Municipalities level) Start of their operation Objective 1.2.1 Objective 1.2 Reviewing of Law Line Reviewing no. 9198, dated Ministries and By end of It has no Postponing of Draft-law NGEC, legislation 01.07.2004, "On other central 2008 financial time-limits for prepared; Technical from the gender equality in departments, impact adopting Secretariat, gender society," with a MoLSAEO, amendments to Adopting and Respective perspective in view to ensuring OSCE, Law ―On publishing in directorates line with more effective UNDP, gender the Official under international protection from Council of equality‖ Gazette MoLSAEO standards. violations of Ministers, gender equality. Parliament STRATEGIC SPECIFIC ACTIONS TO BE INSTITUTIONS IMPLEMENTA SOURCES/ ASSUMPTIONS/ MONITORING M & E 56 OBJECIVES OBJECIVES UNDERTAKEN RESPONSIBLE TION TIME BUDGET DIFFICULTIES INDICATORS MECHANISMS & PARTNERS 000/LEKË Objective 1.2.2 Completing Line January – It has no Postponing Subordinate NGEC, secondary Ministries and June 2008 financial time-limits for legal acts Technical legislation on other central impact. adopting the prepared, Secretariat, gender equality, departments, Law may also Respective following adoption MoLSAEO, impact on the Adopting and directorates of the new Law OSCE, deadline set for publishing in under ―On gender UNDP, completing the the Official MoLSAEO equality,‖ with a Council of secondary Gazette view to ensuring Ministers, legislation that it is made Parliament. landscape. applicable. Likewise, it may lead to postponing adoption of amendments. Objective 1.2.3 Amending Law no. Line In the course It has no Postponing Amendments NGEC, 7703, dated Ministries and of 2010 financial time-limits for prepared. Technical 11.5.1993, "On other central impact adopting Secretariat, social insurance‖ departments, amendments Adopting and Respective MoLSAEO, publishing in directorates Council of the Official under Ministers, Gazette. MoLSAEO Parliament, Ministry of Finances, Social Insurance Institute, International bodies, Donors STRATEGIC SPECIFIC ACTIONS TO BE INSTITUTIONS IMPLEMENTA SOURCES/ ASSUMPTIONS/ MONITORING M & E 57 OBJECIVES OBJECIVES UNDERTAKEN RESPONSIBLE TION TIME BUDGET DIFFICULTIES INDICATORS MECHANISMS & PARTNERS 000/LEKË Objective 1.2.4 Amending Line In the course It has no Postponing Amendments NGEC, paragraph 1 of Ministries and of 2009 financial time-limits for prepared, and Technical Article 104 of the central impact adopting adopting and Secretariat, Code of Labour of departments, amendment. publishing in Respective the Republic of MoLSAEO, the Official directorates Albania with Council of Gazette. under regard to maternity Ministers, MoLSAEO leave – a 35-day International run-up period to bodies, childbirth. Donors Objective 1.2.5 Enforcing Law no. Line January - June It has no Failure of Rules NGEC, 9131, dated Ministries and 2008 financial institutions to prepared on Technical 8.09.2003, ―On the central impact grasp the the basis of Secretariat, Rules of Ethics in departments, importance of the law; Respective public MoLSAEO, preparing Enforcing the directorates administration,‖ Council of regulations. internal under concerning ―civil Ministers, regulation of MoLSAEO servant's International institutions appearance‖ bodies, Donors Objective 1.3 Objective 1.3.1 Raising public Official translation Line 2007-2008 It should be Extremely Translated and NGEC, awareness, and publication of Ministries, calculated prolonged published Technical especially International MoLSAEO, procedures Conventions, Secretariat, among women Conventions Non-profit adopted for Number of and young ratified by Albania, organisations, rendering official Respective women, about and particularly, International translations publications directorates in the legal rights the publication of organisations official may distributed, the Ministries due to them. the CEDAW, the impact on and list of involved Optional Protocol, time-limits institutions/ and other legal districts where Organisations instruments in line publications operating in with the EU have been the Human legislation. distributed. Rights area. STRATEGIC SPECIFIC ACTIONS TO BE INSTITUTIONS IMPLEMENTA SOURCES/ ASSUMPTIONS/ MONITORING M&E 58 OBJECIVES OBJECIVES UNDERTAKEN RESPONSIBLE TION TIME BUDGET DIFFICULTIES INDICATORS MECHANISMS & PARTNERS 000/LEKË Objective 1.3.2 Running Line 2008 - 2010 Calculation Lack of 12 4-day NGEC, awareness-raising Ministries, s should be resources may training Technical campaigns: MoLSAEO, based on lead to sessions in Secretariat, ―Women's rights Directorate for the number insufficient the 12 Committee are human rights‖; Equal of training coverage of the Prefectures for Equal raising public Opportunities sessions to 12 Prefectures across Opportunities, awareness about Non-profit take place Albania; Respective the national and organisations, in the 12 List of directorates international International Prefectures participants; under the legislation. organisations across the Documents Ministries country distributed. involved ; Organisations operating in the Human Rights area. Aim 2 Objective 2.1 Objective 2.1.1 Empowering Increasing the Reviewing the Political 2008-2010 30,000 Postponing of Draft-law NGEC, women number of Electoral Law and parties, time-limits for prepared; Technical through their women being supporting Parliament, adopting Secretariat, increased involved in activities aimed at Media, amendments to Law adopted Committee participation political ensuring an Non-profit law; and published for Equal in decision- decision- increased number organisations Severe in the Official Opportunities, making. making of women in the and women's political Gazette; Respective Parliament, or the networks, climate may Referred monitoring decision-making MoLSAEO curb women's quota; units structures at a local initiative to Handling level. engage in gender-based decision- discriminatio making, n in Albanian irrespective of politics not the quota only as an established. issue of concern to women alone, but also as a failure of the 59 political parties and of the Albanian society at large. Number of women in the leading forums of the political parties, and those elected to the Parliament of Albania. Objective 2.2 Objective 2.2.1 Raising Promoting new Media 2007 – 2010 10,000 Difficulties Improved NGEC, Albanian incoming values Non-profit surrounding environment technical society's into political life, organisations the mentality, for women Secretariat, awareness new forms for and women's particularly, Committee about women's handling the networks, when participating in for Equal active society's needs, MoLSAEO considering politics. Opportunities participation in and enhanced Manifestation introducing of politics. solidarity and new values orof solidarity equality in building forms. values, a more democratic Difficulties particularly, and peaceful surrounding among youth. society. application of concepts, dueNew patterns in politics; to lack of the respective Way of resources andcommunication capacities. , Transparency towards the public; Number of individuals trained in developing policies. STRATEGIC SPECIFIC ACTIONS TO BE INSTITUTIONS IMPLEMENTA SOURCES/ ASSUMPTIONS/ MONITORING M&E 60 OBJECIVES OBJECIVES UNDERTAKEN RESPONSIBLE TION TIME BUDGET DIFFICULTIES INDICATORS MECHANISMS & PARTNERS 000/LEKË Aim 3 Objective 3.1 Objective 3.1.1 Women's Increasing the A cross-country MoLSAEO, 2007-2010 It should be Insufficiency Two studies NGEC, economic number of study of the National calculated of resources conducted, Technical empowering projects or number of women Service for may lead to Publishing Secretariat, and their programmes employed in the Employment, limiting and Committee increased designed to formal labour Non-profit approaches of distributing for Equal employment promote market, and the organisations, study, and the studies, Opportunities, opportunities women's number of INSTAT indeed, their Findings and Non-profit and vocational informally extension recommendat organisations vocational training and employed women across the ions for and private training. employment, country. building up partners and extending employment interested in these projects policies and the to rural areas, empowering employment as well. women area. economically Objective 3.1.2 Expanding MoLSAEO, 2007-2010 500,000 Lack of other Increased NGEC, employment International social services number of Technical service extended to Partners, may stop skilled and Secretariat, women in need, Non-profit women from employed Committee and increasingly organisations, being women. for Equal incorporating this Business employed. Opportunities, target into Non-profit employment and organisations, vocational training Interest promotion groups programmes. Objective 3.1.3 Developing part- MoLSAEO, 2007-2010 20,000 It is likely that Number of NGEC, time employment National these policies women in Technical policies designed Service for may turn into need in part- Secretariat, for women in need. Employment, prevailing time Committee Donors, policies employment. for Equal Government, governing Opportunities, 61 Non-profit women's Non-profit organisations, employment organisations, Employers overall. Stakeholders involved in the employment area Objective 3.1.4 Developing a new MoLSAEO, 2007-2010 It should be Difficulties in Number of NGEC, information system National calculated. using different trained and Technical at a central and Service for techniques for informed Secretariat, local level, so as to Employment, receiving persons; Committee ensure women's Banking information for Equal equal access to institutions (for example, Designed Opportunities, public-friendly Non-profit the Internet) Web site; Non-profit information on the organisations may interfere organisations, right to having a with the Number of Stakeholders job, as well as to coverage of the publications involved in labour-related whole territory distributed. the legislation, with the employment information on the relevant area labour market, information. education and vocational training, and property and loans. Objective 3.1.5 Developing salary MoLSAEO, 2007-2010 200,000 Lack of Number of NGEC, subsidisation Donors, transparency women and Technical programmes Government, and control young women Secretariat, designed for Non-profit may prevent in need Committee excluded categories organisations, target groups benefiting for Equal of women, female Private from from the Opportunities heads of operators benefiting salary households, realistically. subsidisation trafficked and programme. violated women and girls, women 62 close to retirement age, and invalid or disabled women (women at risk). Objective 3.2 Objective 3.2.1 Increasing the Enabling initiatives MoE, 2007 – 2010 Mentality Female NGEC, number of for starting loan MoLSAEO, prevalent in the entrepreneurs' Technical female programmes Non-profit target areas on success stories Secretariat, entrepreneurs intended for organisations, women's in the two pilot Committee by allowing women through Social State access to areas; for Equal them to have piloting in two Service, property and Number of Opportunities greater access areas, so as to Donors, loans may successful to property, promote Crediting check or activities Crediting capital and entrepreneurship. agencies, alienate the carried out by agencies, loans. Banks intervention women in sub- Banks, focus. urban and Civil society rural areas, who have benefited from loan programmes. Objective 3.2.2 Promoting MoLSAEO, 2008 -2010 Lack of Increased NGEC, development of Donors, resources may number of Technical small businesses Chambers of lead to failure small Secretariat, managed by Commerce, to bring the businesses Committee women, improving Non-profit scheduled managed by for Equal their benefit organisations programmes women; Opportunities through intensive fully to Building up recovery fruition. of the Civil society programmes, Mentality existing advice on the developed in businesses. financial and terms of the Number of marketing aspects, way small participants in training on businesses area the respective management, organised may programmes upgrading intervene with and training products, and the sessions; restructuring restructuring of Increase in 63 human resources. resources, and product sales chiefly, human (improved resources. quality). Aim 4 Objective 4.1 Objective 4.1.1 Promoting Upgrading Covering gender MoES, 2008-2010 35,000 Lack of Upgraded NGEC, women' and school topically in the Institute of interest on the curricula Technical young curricula respective subjects, Curricula, part of certain Secretariat, women's designed to as well as through Universities, departments Committee equal access promote gender the introduction of Chairs because of for Equal to quality equality, and special subjects on shortage of Opportunities education enhancing this issue, starting information on Institute for women's as early as the how to Gender participation in development of the mainstream Studies teaching, and university gender as a education curricula. cross cutting planning and issue. management. Objective 4.1.2 Reviewing and Institute of 2007-2010 No costs Failure to Curricula NGEC, upgrading the Curricula, are devote reviewed Technical curricula and Institute for incurred. sufficient from the Secretariat, textbooks Gender attention to gender Committee constantly in terms Studies, reviewing on a equality for Equal of gender Non-profit constant basis. perspective. Opportunities stereotypes. organisations, Ministry of Experts in the Education and area Science Objective 4.1.3 Establishing Institute of 2007-2010 No costs Lack of Clear system NGEC, gender analysis as Curricula, are capacities may and Technical one of the crucial MoES, incurred. lead to failure procedures Secretariat, criteria for Institute for in accurately for gender Committee selecting best Gender using gender analysis in for Equal textbooks for Studies analysis as a textbooks Opportunities publishing selection selection. Commissions (teacher's book, criterion. tasked with student's book and textbook 64 other auxiliary selection teaching documents; teacher's guides, training modules, as well as teacher training methodology). Objective 4.2 Objective 4.2.1 Building up the Preparing teacher MoES, 2007-2008 It should be Modules NGEC, capacities of training modules Institute of calculated. prepared. Technical education accommodating Pedagogical Secretariat institutions so gender Studies and as to mainstreaming as a Curricula, mainstream specific topical Institute for gender equality theme, as well as Gender issues and the parent-teacher Studies, concepts in the dialogue. Non-profit planning, organisations implementation involved in and monitoring training processes in education. Objective 4.2.2 Training primary MoES, 2008-2009 It should be Lack of Number of NGEC, school and Education calculated. resources may trained Technical secondary school Directorates, lead to failure teachers in 12 Secretariat, teachers in this Non-profit to provide Prefectures; Committee aspect. organisations coverage for Clear-cut and for Equal involved in the whole efficient Opportunities training country. gender- oriented policies in education STRATEGIC SPECIFIC ACTIONS TO BE INSTITUTIONS IMPLEMENTA SOURCES/ ASSUMPTIONS/ MONITORING M & E 65 OBJECIVES OBJECIVES UNDERTAKEN RESPONSIBLE TION TIME BUDGET DIFFICULTIES INDICATORS MECHANISMS & PARTNERS 000/LEKË Objective 4.2.3 Ensuring increase MoES, 2007-2010 Prevailing Number of NGEC, in the number of MoJ, mentality may women newly Technical women involved in Pl, be a barrier to appointed to Secretariat, school Education achieving this the leadership Committee management Directorates goal in certain of schools in for Equal through appointing areas. 12 Opportunities them in leading Prefectures. posts, and other institutional arrangements. Objective 4.3 Objective 4.3.1 Ensuring the Conducting a MoES, 2007-2008 5,000 Insufficient Study NGEC, communities' cross-country study Non-profit resources may completed Technical and of social and organisations lead to limited and Secretariat, households' cultural approaches PL, number of published; Committee upgraded to young women's Donors covered areas. for Equal social and education and Outcomes Opportunities cultural women's and approaches that participation in recommendat help promote decision-making in ions made. the values and education. importance of young women's education, including women's roles in and contribution to development. Objective 4.3.2 Undertaking an MoES, 2007-2010 10,000 Mentality and Number of NGEC, awareness-raising Specialised shortage of posters, Technical campaign based on study non- information leaflets and Secretariat, the study findings profit alone are not round tables Committee 66 for schools, parents organisations always the in the 12 for Equal and communities, and institutes, factors that Prefectures. Opportunities particularly in Media impact in Increasing remote and rural young number of areas, on the women's young women importance and interruption of going to benefits of young education. school after women's education, Lack of finishing including infrastructure primary continuation of also affects education in young women's interruption of rural areas. education beyond education. primary school. Objective 4.3.3 Engaging female MoES, 2007-2010 15,000 Difficult Number of NGEC, and male teachers Regional infrastructure teachers Technical in the awareness- Education in remote areas engaged in Secretariat, raising door-to- Directorates, may be an awareness- Committee door campaign in Teaching staff, obstacle to raising for Equal rural and remote communities accurate campaigns in Opportunities areas about and parents, monitoring. 24 women' and young Teachers' Municipalitie women's Associations s. education. Number of houses and villages visited to that effect. Aim 5 Objective 5.1 Objective 5.1.1 Improving Extending Improving MoLSAEO, 2008-2009 No costs Implementatio Upgraded NGEC, the at-risk support to poor evaluation criteria State Social are n of this policy gender- Technical women's households and intended for Service incurred. should be oriented Secretariat, social individuals and households below concurrent policies and Committee situation groups in need absolute poverty with the programmes. for Equal through their with a view to line by reviewing Strategy for Number of Opportunities increased reducing the financial Social households access to poverty by assistance scheme, Services, and benefiting quality social providing cash extending priority what it from this 67 services. payments and treatment to provides for policy. social services, households with concerning Friendly giving priority female heads of these environment to households households, categories. for women with female mothers of many and young heads of children, Roma women households, households, experiencing mothers of Egyptian social many children households, and problems. and orphaned households with children. orphaned children. Objective 5.1.2 Training of local MoLSAEO, 2008-2010 It should be Training of Number of NGEC, government staff State Social calculated. local persons Technical (the newly created Service, government trained. Secretariat, structures at a MoI, staff should Number of Committee region, Faculty of also be training for Equal municipality and Sociology and coordinated sessions held. Opportunities commune level), Social Work, with the local Training who are in charge Non-profit government outcomes of assistance and organisations, decentralisatio reflected in social service Donors n policy. the programmes performance. designed for women in need. Objective 5.2 Objective 5.2.1 Ensuring Expanding, through MoI, 2009 It should be Number of NGEC, nation-wide piloting in three MoLSAEO, calculated. new services Technical distribution of areas, community- Non-profit created in 3 Secretariat, community- based service organisations, areas. Committee based services network intended Donors Number of for Equal for women for women and women and Opportunities with social young women in young women problems. need, and in need, who particularly, for the benefit from Roma and Egyptian these ones, as well as services. guaranteeing Periodic 68 sustainability of statistical these services. information. Objective 5.2.2 Increasing in-need MoLSAEO, 2008-2010 It should be Low access to Number of NGEC, women's access to State Social calculated. information persons Technical information on the Service, technology. retrieving Secretariat, legal framework, MoF /Social Lack of information. Committee instruments Insurance information Number of for Equal ensuring social Institute, infrastructure awareness- Opportunities protection and Faculty of in Albania's raising public and private Sociology, remote areas publications. institutions offering Non-profit (rural/mountai Number of these services. organisations nous). trained persons. Aim 6 Objective 6.1 Objective 6.1.1 Improving Developing Reviewing the Health 2010 No costs Delays in Reviewed MoH, population's and improving Health Insurance Insurance are approving Health NGEC, health by health policies Scheme, focussing Institute (HII); incurred. reviewed Insurance Technical ensuring and on: Public Health scheme, or Scheme. Secretariat, upgraded programmes so 1. Groups of Institute, incorporating Committee response by as to address diagnoses directly MoH, medications Incorporation for Equal the health gender affecting Central treating the of groups of Opportunities system to differences and reproductive health. government, STDs into it. diagnoses. women' and meet women' 2. The right to Local men's special and men's subsidised government; List of health needs. health needs. medicines for Patients' subsidised husband/wife, even Associations, medications. when they are not Health non- employed (if one of profit Medications them is insured.) organisations treating STDs 3. Incorporation of incorporated medications treating into the sexually transmitted Health infections and Insurance HIV/AIDS into the Scheme. health insurance scheme. STRATEGIC SPECIFIC ACTIONS TO BE INSTITUTIONS IMPLEMENTA SOURCES/ ASSUMPTIONS/ MONITORING M & E 69 OBJECIVES OBJECIVES UNDERTAKEN RESPONSIBLE TION TIME BUDGET DIFFICULTIES INDICATORS MECHANISMS & PARTNERS 000/LEKË Objective 6.1.2 Ensuring free MoH, 2010 It should be This Number of MoH, vaccination against Public Health calculated. vaccination females Public Health Human Papilloma Institute, should be vaccinated. Institute, Virus (HPV) as a Private proceeded by NGEC, very efficient operators, an awareness- Technical means in reducing Associations, raising Secretariat, cervical cancer Health campaign and Committee among women. Insurance education for Equal Institute among young Opportunities women about reproductive health care. Objective 6.2 Objective 6.2.1 Enhancing Collecting and 2008 and on It should be Lack of a Available NGEC, knowledge and reporting on sex MoH, calculated. shared pattern data and Technical understanding disaggregated data National for collecting reports. Secretariat, of females' and so as to follow up Institution of sex Committee males' health, on females' and Health disaggregated for Equal as well as of males' health Insuarances data may lead Opportunities their health indicators on a INSTAT to difficulty in needs. yearly basis. their processing. Objective 6.2.2 Initiating a Public Health 2007-2010 10,000 Insufficient Number and NGEC, campaign for the Institute resources maycontents of Technical education of awareness- lead to limiting Secretariat, population about Non-profit the raising Committee fertility and organisations intervention messages. for Equal women' and men' areas. Number of Opportunities shared programmes. Ministry of responsibilities for Other means Health good family health. employed for conducting the campaign. STRATEGIC SPECIFIC ACTIONS TO BE INSTITUTIONS IMPLEMENTA SOURCES/ ASSUMPTIONS/ MONITORING M&E 70 OBJECIVES OBJECIVES UNDERTAKEN RESPONSIBLE TION TIME BUDGET DIFFICULTIES INDICATORS MECHANISMS & PARTNERS 000/LEKË Objective 6.2.3 Developing MoES, 2007-2010 It should be It should be Curricula NGEC, curricula on MoH, calculated. made sure that developed. Technical nutrition, hygiene Experts, all Number of Secretariat, and family Donors, communities students Committee planning for boys Non-profit are involved. involved. for Equal and girls. organisations Opportunities Objective 6.3 Objective 6.3.1 Providing Collecting sex MoH, 2007-2008 It should be Lack of a Sex- NGEC, support to and disaggregated data Public Health calculated. previous disaggregated Technical guaranteeing on the use of state Institute, database. database. Secretariat, women' and and private health INSTAT, Committee men's full and services. National and for Equal equal access to international Opportunities all levels of organisations health care, and operating in ensuring the health area provision of effective health services to them. Objective 6.3.2 Ensuring that Local 2008-2010 Adjusted Ministry of health centres or government, timetables of Health, clinics are easily Administration health clinics NGEC, accessible to of health and centres. Technical women, and centres Secretariat, adjusting their Committee timetables with the for Equal women's working Opportunities hours. STRATEGIC SPECIFIC ACTIONS TO BE INSTITUTIONS IMPLEMENTA SOURCES/ ASSUMPTIONS/ MONITORING M & E 71 OBJECIVES OBJECIVES UNDERTAKEN RESPONSIBLE TION TIME BUDGET DIFFICULTIES INDICATORS MECHANISMS & PARTNERS 000/LEKË Objective 6.3.3 Introducing an Local 2008-2010 It should be Insufficiency Transportatio MoH, emergency government calculated. of resources n system NGEC, transportation may lead to introduced in Technical system particularly Health centres limiting the 24 Secretariat, for women, and intervention Municipalitie Committee engaging the areas. s. for Equal community in Opportunities developing efficient ways for taking women to hospital. Objective 6.3.4 Allocating MoH and Human and NGEC, sufficient resources derivative financial Technical for training women institutions resources Secretariat, as health care allocated for Committee givers at all the Non-profit training. for Equal levels of health organisations Opportunities service provision. Objective 6.3.5 Incorporating MoES, 2008 and on Upgraded NGEC, gender perspective Faculty of curriculum. Technical into the curriculum Medicine, Secretariat, of the Faculty of Chairs, Committee Medicine and the Experts for Equal Nursing Higher Opportunities School. Objective 6.4 Objective 6.4.1 Providing Conducting annual MofH, In the course It should be Inadequate Number of NGEC, support in check-up National of 2007 calculated. resources may check-ups Technical extending campaigns (Pap Institution of lead to limiting carried out. Secretariat, effective health test and Health the Number of Committee 72 services to mammography) to Insuarances, intervention intervention for Equal women and ensure necessary Private areas. areas. Opportunities men, and examinations that services, promoting help improve Donors, good health by women's quality Experts undertaking life. preventive measures and reducing risk factors surrounding women's health. Aim 7 Objective 7.1 Objective 7.1.1 Upgrading Raising Raising awareness Journalists' 2007 and on It should be Guidelines NGEC, the role of awareness and about reduction of Associations, calculated. completed. Technical media in quality of sexist language in Written and Reduction in Secretariat, creating a the media, and electronic commercials in Committee modern public promoting use of media, which women for Equal perception of information language reflecting Institute of are treated as Opportunities gender about the gender equality Free Media, objects of sex. equality in overcoming principles. MoLSAEO, Campaigns for society and gender Faculty of informing the women's stereotypes and Social public about increased the importance Sciences, gender-specific presence in Faculty of problems and the media. of achieving Journalism, issues in gender equality Non-profit Albania. in society, organisations Footage and through various space in the policies and electronic and products in the written media. Television media. spot. Setting up and operation of the media monitoring units. STRATEGIC SPECIFIC ACTIONS TO BE INSTITUTIONS IMPLEMENTA SOURCES/ ASSUMPTIONS/ MONITORING M&E 73 OBJECIVES OBJECIVES UNDERTAKEN RESPONSIBLE TION TIME BUDGET DIFFICULTIES INDICATORS MECHANISMS & PARTNERS 000/LEKË Aim 8.1 Objective 8.1.1 Objective 22.214.171.124 Raising Setting up MoI, 2007-2010 No costs Failure to Efficient MoI, society's structures Setting up and are comprehend offices reinforcing office MoLSAEO, incurred the importance providing MoLSAEO, awareness of assigned with Non-profit Non-profit the fight providing for civic of information communication at organisations, communication for the public organisations against information on domestic domestic a local level Media with citizens violence, and violence the measures intended to come to the aid of the victims through a change in approaches. Objective 184.108.40.206 Evaluating the MoLSAEO, 2008-2009 Arguments MoLSAEO for the violence-related NGO, policy- situation for Faculty of makers at a women/ children at Social central and a community level Sciences local level to undertake concrete and efficient actions against domestic violence Objective 18.104.22.168 Developing and NGO, 2010 1.6 Information Non-profit of the public implementing an Media, organisations, information Faculty of MoLSAEO 74 strategy for doing Social away with the Sciences taboos Objective 18.104.22.168 Conducting studies MoH, 2008 - 2012 Difficulty for Publication of Quantitative the elderly to findings from designed to Non-profit report studies. evaluation of measure the oganisations violence. the cases incidence & involving prevalence of the victims of phenomenon of domestic violence against violence. children, women and the elderly in the family, with a view to identifying specific groups of consequences to health Aim 8.1.2 Objective 22.214.171.124 Objective 22.214.171.124.1 Educating Upgrading Setting up a MoES & 2008 8 In low Shortage of MoES, numbers technology children, curricula scientific group to National IKS (Institute young people review the Center of of Curricula and the curriculum Education and and society Evaluation Strategies) overall, that Domestic domestic violence violence is experts unacceptable, and empowering them to make well-informed choices. STRATEGIC SPECIFIC ACTIONS TO BE INSTITUTIONS IMPLEMENTA SOURCES/ ASSUMPTIONS/ MONITORING M & E 75 OBJECIVES OBJECIVES UNDERTAKEN RESPONSIBLE TION TIME BUDGET DIFFICULTIES INDICATORS MECHANISMS & PARTNERS 000/LEKË Objective 188.8.131.52.2 Setting the MoES, 2008-2010 No costs MoES standards for each IKS (Institute are and every level of of Curricula incurred schooling and and Strategies) education for similar subjects Objective 184.108.40.206.3 Setting specific IKS, (Institute 2008-2010 No costs Reviewing targets for subjects of Curricula are the of social and civic and Strategies) incurred curriculum in education QTKA line with the MoES & SKZHAP INSIKS, (National Publishing Strategy for houses the Development of Pre- university Education) Objective 126.96.36.199 Objective 220.127.116.11.1 Reviewing the Reviewing the MoES & non- 2008-2009 No costs Lack of MoES teaching plans, curricula on profit are domestic textbooks and approaching organisations, incurred violence extra-curricular domestic violence MoLSAEO experts. and out-of- according to Absence of school education cycles cooperation. literature and lessons STRATEGIC SPECIFIC ACTIONS TO BE INSTITUTIONS IMPLEMENTA SOURCES/ ASSUMPTIONS/ MONITORING M & E 76 OBJECIVES OBJECIVES UNDERTAKEN RESPONSIBLE TION TIME BUDGET DIFFICULTIES INDICATORS MECHANISMS & PARTNERS 000/LEKË Objective 220.127.116.11.3 2009-2010 3 Making sure that MoES & non- Developing MoES textbooks profit policies incorporate organisations, against specific subject MoLSAEO domestic themes on violence domestic violence Objective 22.214.171.124.4 Introducing the IKS (Institute 2008-2009 No costs Behaviours MoES module-based of Curricula are and system in and Strategies) incurred approaches secondary schools towards victims of violence Objective 220.127.116.11.5 Incorporating IKS (Institute 2008-2010 3 Raising the MoES given topical of Curricula level of themes on and public domestic violence Strategies)& awareness into the extra- Publishing curricular literature houses Objective 188.8.131.52.6 Compiling IKS (Institute 2008-2009 120 Training textbooks and of Curricula domestic support literature and Strategies) violence & QKTA experts STRATEGIC SPECIFIC ACTIONS TO BE INSTITUTIONS IMPLEMENTA SOURCES/ ASSUMPTIONS/ MONITORING M & E 77 OBJECIVES OBJECIVES UNDERTAKEN RESPONSIBLE TION TIME BUDGET DIFFICULTIES INDICATORS MECHANISMS & PARTNERS 000/LEKË Objective 184.108.40.206.7 Ensuring MoES, 2008-2010 No costs Quantity and MoES, specialisation for Regional are quality of the MoLSAEO domestic violence Education incurred capacities experts in the Directorates, built higher schools Universities Aim 8.1.3 Objective 18.104.22.168 Objective 220.127.116.11.1 Building the Establishing a Setting up a MoES, 2007-2008 8,000 human pool of national nucleus MoLSAEO capacities for national trained in addressing trainers addressing domestic problems and violence domestic violence Objective 220.127.116.11.2 Introducing the MoES, 2008-2009 144,000 Upgrading MoLSAEO vertical training National effectiveness system Center for of Educational communicati Training on and service Objective 188.8.131.52.3 Planning out MoES, 2008-2010 Included in Following up MoES, training on an on- National the above on issues by MoLSAEO going basis Center for cost the local Educational government, Training Regional Education Directorates, SHK STRATEGIC SPECIFIC ACTIONS TO BE INSTITUTIONS IMPLEMENTA SOURCES/ ASSUMPTIONS/ MONITORING M & E 78 OBJECIVES OBJECIVES UNDERTAKEN RESPONSIBLE TION TIME BUDGET DIFFICULTIES INDICATORS MECHANISMS & PARTNERS 000/LEKË Objective 126.96.36.199.4 Training the MoES, MoI, 2008-2009 48,000 MoI, administration of MoLSAEO, MoLSAEO all central Local departments government, Non-profit organisations Objective 220.127.116.11.5 Training teachers MoES 2008-2010 1,440,000 MoES, at all levels MoTCYS Objective 220.127.116.11.6 Training the local MoES, 2008-2010 440,000 Non-profit government MoI, organisations administration Local government, MoH, MoLSAEO Objective 184.108.40.206.7 Forecasting MoES 2008-2010 No costs MoLSAEO training for incurred parents, children and voluntary groups STRATEGIC SPECIFIC ACTIONS TO BE INSTITUTIONS IMPLEMENTA SOURCES/ ASSUMPTIONS/ MONITORING M & E 79 OBJECIVES OBJECIVES UNDERTAKEN RESPONSIBLE TION TIME BUDGET DIFFICULTIES INDICATORS MECHANISMS & PARTNERS 000/LEKË Objective 18.104.22.168 Objective 188.8.131.52.1 Setting up and Hosting awareness- MoH, 1. Reviewing of training of raising and training Non-profit 2008 – 2010 5,000 Undertaking evaluation multi- campaigns for the organisations, awareness- reports by disciplinary health care MoLSAEO raising hosts & teams so as to providers at all the campaigns, donors. guarantee the levels of this and quality of service, including conducting 2 service towards family doctors and training victims of medical sessions in 4 violence and physicians, and areas in the abusers. basically, the North, 4 in paediatricians and Central psychiatrists. Albania and 4 in Southern Albania. Objective 188.8.131.52.2 Initiating long- and MoH, 2008 – 2010 32,000 Identifying and Increasing (4 areas – 2 short-term training Non-profit approving by data on the different sessions, as well as organisations, the MoH of a number of urban areas, supervision of MoLSAEO considerable cases and 2 health services number of identified and different rural offered by the health centres handled by areas) medical staff of the to benefit from the staff of Health Care the training the Health Centres at the sessions. Care Centres. communes and municipalities. (Identifying, addressing of light cases, and referring severe cases). STRATEGIC SPECIFIC ACTIONS TO BE INSTITUTIONS IMPLEMENTA SOURCES/ ASSUMPTIONS/ MONITORING M & E 80 OBJECIVES OBJECIVES UNDERTAKEN RESPONSIBLE TION TIME BUDGET DIFFICULTIES INDICATORS MECHANISMS & PARTNERS 000/LEKË Objective 18.104.22.168.3 Setting up of multi- MoH, 2008 - 2010 80,000 Shortage of Putting 4 Evaluating disciplinary teams, MoF, adequate multi- patients and their piloting Non-profit funding so as disciplinary benefiting according to the organisations to ensure a teams in from the following considerable place in teams distribution: 2 – number of Albania to established, in Northern Albania; multi- train victims quantitative 2 – Southern disciplinary and abusers and Albania; (with teams in (2010). qualitative number 2 splitting Albania. terms. into: 1 standing per Evaluating rural area, and 1 medical per urban area). registers and documentatio n used by them. Objective 220.127.116.11.4 Incorporating MoH, 2008-2010 No costs Lack of Increase in information on Non-profit incurred accountability the number of forensic medical organisations, on the part of medical and expertise, as well MoLSAEO the medical psychiatric as medical and staff, and reports, psychiatric reports, indifference registered or some other towards the also by the report required by provision of Court. the patient, into the this routine practice information. with the victims of domestic violence. STRATEGIC SPECIFIC ACTIONS TO BE INSTITUTIONS IMPLEMENTA SOURCES/ ASSUMPTIONS/ MONITORING M & E 81 OBJECIVES OBJECIVES UNDERTAKEN RESPONSIBLE TION TIME BUDGET DIFFICULTIES INDICATORS MECHANISMS & PARTNERS 000/LEKË Objective 188.8.131.52 Objective 18.104.22.168.1 Systems Ensuring media MoLSAEO, 2009-2010 5,000 MoES, designed for coverage of Media, Local denouncing domestic violence Local government violence and consequences government protecting the victim Objective 18.104.22.168.2 Setting up the Regional 2009-2010 10,000 MoI, information system Education MoLSAEO designed for Directorates, raising the Education awareness of the Offices victims of domestic violence and denunciation. Objective 184.108.40.206.3 Making use of the MoES 2008-2010 No costs telephone line, e- are mail, Internet home incurred page, and literature in the school, neighbourhood or city library. STRATEGIC SPECIFIC ACTIONS TO BE INSTITUTIONS IMPLEMENTA SOURCES/ ASSUMPTIONS/ MONITORING M & E 82 OBJECIVES OBJECIVES UNDERTAKEN RESPONSIBLE TION TIME BUDGET DIFFICULTIES INDICATORS MECHANISMS & PARTNERS 000/LEKË Objective 188.8.131.52.4 Developing codes Regional 2008-2010 No costs of cooperation Education are among the police, Directorates, incurred school and the SHK local government. Objective 8.2 Objective 8.2.1 Objective 220.127.116.11 The legal Upgrading the Preparing MoLSAEO, September – No costs Delays Secondary MoLSAEO, landscape legal subordinate legal MoI, December incurred conditioned by legislation Civil society, and justice framework acts building on MoJ, 2007 failure to set completed. Parliament, structures – surrounding and pursuant to this MoH up structures Donors guarantors domestic Law. for violence. prevention of and protection from domestic violence. Objective 220.127.116.11 Setting up MoLSAEO, September 144 Delays caused Structures MoLSAEO, structures as MoI, 2007 and on through failure established Civil society, provided for in the MoJ, to ensure and trained. Donors Law, and their School of coordination, training. Magistrates, through other Police School, government National priorities. Chamber of Advocates STRATEGIC SPECIFIC ACTIONS TO BE INSTITUTIONS IMPLEMENTA SOURCES/ ASSUMPTIONS/ MONITORING M & E 83 OBJECIVES OBJECIVES UNDERTAKEN RESPONSIBLE TION TIME BUDGET DIFFICULTIES INDICATORS MECHANISMS & PARTNERS 000/LEKË Objective 126.96.36.199 Conducting an MoLSAEO, January- Included in Number of MoLSAEO, awareness-raising MoI March 2008 other costs publications, Civil society, campaign about activities and Surveying this Law, and the means of relevant information international acts, made and procedures available to citizens. Objective 22.214.171.124 Bringing the laws April- 500 in force providing December for protection from 2008 domestic violence at large, into line with one another. Reviewing, preparing and ensuring adoption of amendments and additions to the Civil Code, Family Code, Criminal Code, Criminal Procedure Code, Civil Procedure Code, and other laws in tune with international standards (EC, EU, 84 UNO), and domestic legislation. Objective 184.108.40.206.a Setting up a MoJ, First half of No costs Failure to A package of MoLSAEO, working group MoLSAEO 2008 incurred ensure draft Civil society, constituted of coordination amendments Parliament experts and between submitted to representatives of MoLSAEO the the non-profit and MoJ, Parliament. organisations with delays caused a view to by the experts' identifying the group. needs for change, and preparing the changes and the relevant report. Objective 220.127.116.11.b Preparing MoLSAEO, 2009 No costs Delays through Subordinate MOLSAEO, subordinate legal MoJ, incurred failure to legal acts Civil society, acts building on MoI, achieve adopted. Parliament and for enforcing MoH Objective 1.1.2 these changes. a. Objective 8.2.2 Objective 220.127.116.11 Upgrading Building up the MoLSAEO, March 2008 10 Difficulties A more Surveying, policies information system MoJ Part of the surrounding informed Civil society, addressing concerning other public servants' public with Donors, access to the domestic violence calculated mindset regard to their Parliament legal system victims' rights, and costs regarding rights and the system the procedural citizen-focussed 85 of justice. guarantees that the services, and system of justice their right to offers them. receiving information. Objective 188.8.131.52.a Preparing leaflets MoJ, March 2008 5 Failure by Number of Surveying, outlining the rights MoI, responsible informative Civil society, in terms of MoLSAEO structures to materials, Donors, procedures, and give priority to number of Parliament displaying them in them. informed courthouses and citizens, police stations in a number of way that they are units where readily accessible by they are the public. located. Objective 22.214.171.124.b Preparing guides MoLSAEO, March 2008 5 Failure by Number of Surveying, on the types, MoI, Engaging responsible informative Civil society, operation of and MoH two experts structures to materials, Donors, access to support give priority to number of Parliament services extended them. informed to victims, and Lack of citizens, perpetrators' coordination number of rehabilitation, and among units where displaying them in structures they are courthouses and concerning located. police stations in a preparation of way that they are guides. readily accessible by the public. STRATEGIC SPECIFIC ACTIONS TO BE INSTITUTIONS IMPLEMENTA SOURCES/ ASSUMPTIONS/ MONITORING M & E 86 OBJECIVES OBJECIVES UNDERTAKEN RESPONSIBLE TION TIME BUDGET DIFFICULTIES INDICATORS MECHANISMS & PARTNERS 000/LEKË Objective 126.96.36.199.c Preparing models MoJ, March–May 5 Failure by Number of Surveying, of typical National 2008 Engaging responsible informative Civil society, documents (write Chamber of two experts structures to materials, Donors, for petition of Advocates give priority to number of Parliament legal rights). them. Lack of informative Preparing leaflets coordination citizens, for efficient among number of complaints' (legal) structures units where procedures, means concerning they are of guarantee, preparation of located. means of guides. protection, specific legal rights, and the rehabilitation programmes. Objective 184.108.40.206 Developing 2008 No costs communication incurred and crisis-related quick response procedures and protocols, with coordination among all the actors in the system of justice being ensured. STRATEGIC SPECIFIC ACTIONS TO BE INSTITUTIONS IMPLEMENTA SOURCES/ ASSUMPTIONS/ MONITORING M & E 87 OBJECIVES OBJECIVES UNDERTAKEN RESPONSIBLE TION TIME BUDGET DIFFICULTIES INDICATORS MECHANISMS & PARTNERS 000/LEKË Objective 22.214.171.124.a Preparing MoJ, 2008 5 Failure to Handbooks Council of handbooks on MoLSAEO, (Engaging establish the on Ministers, procedures. MoI, two coordinating procedures Parliament, MoH experts) structure at finished and Civil society, MoLSAEO in distributed. Donors time. Objective 126.96.36.199.b Developing and MoJ, 2008 No costs Failure to Number of Council of ensuring adoption MoLSAEO, incurred establish the protocols Ministers, of coordination, MoI, coordinating/le concluded Parliament, cooperation and MoH ading structure among Civil society, communication at MoLSAEO structures. Donors protocols among in time. Number of the services Lack of administrativ offered within and coordination e units outside of the among covered. system of justice. structures. Shortage of consolidated services. Objective 22.214.171.124 Included in Promoting and other costs focusing research on domestic violence issues with a view to developing adequate policies and legislation. STRATEGIC SPECIFIC ACTIONS TO BE INSTITUTIONS IMPLEMENTA SOURCES/ ASSUMPTIONS/ MONITORING M & E 88 OBJECIVES OBJECIVES UNDERTAKEN RESPONSIBLE TION TIME BUDGET DIFFICULTIES INDICATORS MECHANISMS & PARTNERS 000/LEKË Objective 126.96.36.199.a Planning out MoES, December Included in Failure to give Number of Researchers research on the Faculty of 2009 other costs priority to this studies, and activists causes and effects Law, School of component. analyses and in the area, of violence, and Magistrates, Lack of surveys. Civil society, monitoring the Police School, coordination Donors, effectiveness of Faculty of among Council of measures on an Social structures. Ministers, on-going basis. Sciences, Parliament Faculty of Medicine, Higher School of Nursing, Forensic Medicine Institute Objective 18.104.22.168.b Incorporating Faculty of September 2 Lack of Educative MoES, CEDAW and the Law, School of 2008 awareness programmes Donors, Convention on the Magistrates, among the offer Civil society, Rights of the Child Police School decision- knowledge Students into the curricula making on gender of the Faculties of structures of equality, Law, Police these educative domestic School and School institutions, violence, of Magistrates, and and shortage of CEDAW, in the education funds could be CRC and programmes enlisted as an other designed for obstacle. international judges, public obligations. 89 prosecutors and policemen on an on-going basis. Objective 126.96.36.199.c Conducting studies MoI, 2008 2.5 Failure to give Number of Researchers about the system MoJ, Part of priority to this studies, and activists of juvenile School of calculated component/ analyses and in the area, criminal justice, Magistrates, costs Lack of surveys. Civil society, and the measures Police School, coordination Donors, designed for its Faculty of among Council of upgrading. Law, structures. Ministers, MoLSAEO Parliament Objective 220.127.116.11.d Examining the MoJ, June 2008 2.5 Lack of Completed Civil society, situation National coordination Members of surrounding free Chamber of between the National legal assistance, Advocates two structures. Chamber of the legal acts and Advocates, subordinate legal Organisations acts in place offering legal providing for its assistance expanding and upgrading. 90 STRATEGIC SPECIFIC ACTIONS TO BE INSTITUTIONS IMPLEMENT SOURCES/ ASSUMPTIONS/ MONITORING M & E OBJECIVES OBJECIVES UNDERTAKEN RESPONSIBLE ATION TIME BUDGET DIFFICULTIES INDICATORS MECHANISMS & PARTNERS 000/LEKË Objective 18.104.22.168.e Conducting studies MoI, December 2.5 Failure to give Number of Researchers of the situation MoJ, School of 2009 Part of priority to this studies, and activists surrounding Magistrates, calculated component. analyses and in the area, victims' re- Police School, costs Lack of observations Civil society, victimisation by Faculty of coordination Donors, the system of Law, Faculty among Council f justice, and of Social structures. Ministers, producing a Sciences, Parliament mechanism for the MoLSAEO elimination of the phenomenon. Objective 184.108.40.206.f Promoting and/or MoLSAEO, January 2010 2.5 Failure to give Number of Researchers providing financial MoES, Part of priority to this studies, and activists support to studies of MoH, calculated component. analyses and in the area, specific situations Faculty of costs Lack of surveys. Civil society, under which violence Law, coordination Donors, is administered against Faculty of among Council of the disabled household Medicine, structures. Ministers, members, women, the Faculty of Parliament elderly, and children, Social as well as of the Sciences rehabilitation systems designed for perpetrators, and plausible alternative sentences. 91 STRATEGIC SPECIFIC ACTIONS TO BE INSTITUTIONS IMPLEMENT SOURCES/ ASSUMPTIONS/ MONITORING M & E OBJECIVES OBJECIVES UNDERTAKEN RESPONSIBLE ATION TIME BUDGET DIFFICULTIES INDICATORS MECHANISMS & PARTNERS 000/LEKË Objective 18.104.22.168 Incorporating the No costs Failure to Law ―On the Parliament, necessary means incurred achieve budget,‖ Civil society, of financial objective accommodati MoLSAEO support intended 1.1.1b in time, ng the for cases involving shortage of domestic domestic violence, financial violence into the Law ―On means, lack of component, the budget.‖ political adopted. consensus regarding priority of domestic violence. Objective 22.214.171.124.a Budget earmarked MoLSAEO, 2008 Included in Failure to Law ―On the Parliament, for services MoJ, other achieve budget,‖ Civil society, (shelters, legal MoF calculated objective accommodati MoLSAEO assistance). costs 1.1.1b in time. ng the Shortage of domestic financial violence means. Lack of component, political adopted. consensus concerning the priority of domestic violence. 92 STRATEGIC SPECIFIC ACTIONS TO BE INSTITUTIONS IMPLEMENT SOURCES/ ASSUMPTIONS/ MONITORING M & E OBJECIVES OBJECIVES UNDERTAKEN RESPONSIBLE ATION TIME BUDGET DIFFICULTIES INDICATORS MECHANISMS & PARTNERS 000/LEKË Objective 188.8.131.52.b Budget earmarked MoLSAEO, 2008 Included in Failure to Law ―On the Parliament, for establishment MoI, other achieve budget,‖ Civil society, of structures. MoJ, calculated objective accommodati MoLSAEO MoH, costs 1.1.1 b in time, ng the MoF shortage of domestic financial violence means, lack of component, political adopted. consensus regarding the priority of domestic violence. Objective 126.96.36.199.c Budget earmarked MoLSAEO, December Included in Failure to Law ―On the Parliament, for the MoI, 2008 other achieve budget,‖ Civil society, infrastructure. MoJ, calculated objective accommodati MoLSAEO MoH, costs 1.1.1 b in ng the MoF, time, shortage domestic Budget office, of financial violence Courts means, lack of component, political adopted. consensus regarding the priority of domestic violence. 93 STRATEGIC SPECIFIC ACTIONS TO BE INSTITUTIONS IMPLEMENT SOURCES/ ASSUMPTIONS/ MONITORING M & E OBJECIVES OBJECIVES UNDERTAKEN RESPONSIBLE ATION TIME BUDGET DIFFICULTIES INDICATORS MECHANISMS & PARTNERS 000/LEKË Objective 184.108.40.206.d Budget earmarked MoLSAEO, To be Included in Failure to Law ―On the Parliament, for the building of MoI, continued other achieve budget,‖ Civil society, capacities. MoJ, calculated objective 1.1.1 accommodati MoLSAEO MoH, costs b in time, ng the MoF, shortage of domestic School of financial violence Magistrates, means, lack of component, Police School, political adopted. Faculty of consensus Law, Faculty regarding the of Social priority of Sciences, domestic Faculty of violence. Medicine, Higher School of Nursing, Forensic medicine Objective 8.2.3 Objective 1.3.1 Monitoring Developing and MoLSAEO, December No costs Delays caused A solid, clear, MoLSAEO, interventions, applying policies MoI, 2008 and on incurred in establishing effective and MoJ, measures and for measuring the MoJ, the leading functioning Council of operation of outcomes, drawing MoH structure at mechanism Ministers, legislation and on the unified MoLSAEO, designed for Parliament, the system of indicators. poor surveying the Civil society, justice. coordination enforcement Donors, among of law, and Courts responsible the operation structures, of the system 94 overlooking of justice. the need for on-going monitoring. Aim (?) Objective 8.2.4 Objective 220.127.116.11 Increasing Establishing Identifying actors MoLSAEO, 2007-2008 1 Lack of Each and Parliament, access to specific in the system of MoI, Calculated experience in every Council of justice structures in justice, who will MoJ, for one year this area, institution Ministers, through response to be handling cases MoH, failure by the tasked with Civil society, building up meet domestic involving domestic Heads of authorities to assignments MoLSAEO services violence violence. Setting courts attach due under law offered by victims' needs. up units/ importance, against the legal sectors/sections at absence of domestic system and respective awareness violence, the system of institutions, which among along with justice with a will be dealing leadership. their view to with domestic specialised preventing violence issues. structures/ violence, units. protecting victims, and punishing and rehabilitating perpetrators. Objective 22.214.171.124 Drawing up of MoI, September No costs Lack of Each and MoLSAEO, experts' lists (for MoJ, National 2008 incurred coordination every MoI, psychological Chamber of among institution MoJ, National support and legal Advocates, structures. that has Chamber of assistance), and MoLSAEO information Advocates, making them about the Organisations available to the services offering 95 court, police and offered, and services, public prosecutor's the experts Experts' office. offering leagues them. Objective 220.127.116.11 Setting up the MoJ December Included in Shortage of Cases MoJ, Juveniles' Court 2009 other funds, lack of involving Civil society, (or juveniles' calculated consensus juveniles are Donors, sections) costs among handled by Parliament professionals specialised on the need for institutions/ such a judges aware measure. of juveniles' specifics. Objective 8.2.5 Objective 22.214.171.124 Developing and Developing a 2008 No costs are Failure to Number of Council of applying mandatory action incurred establish the agreements Ministers, agreements of protocol so that the coordinating/ concluded Parliament, cooperation police and all the leading among Civil society, concluded services abide by structure at structures. Donors among state-run the same MoLSAEO in Number of structures, and procedure, develop time. administrativ between the coordinated mid- Lack of e units latter and non- and long-term coordination covered. profit action plans for among organisations preventing structures. acting in violence and Shortage of defence of protecting victims. consolidated victims. services. 96 STRATEGIC SPECIFIC ACTIONS TO BE INSTITUTIONS IMPLEMENTA SOURCES/ ASSUMPTIONS/ MONITORING M & E OBJECIVES OBJECIVES UNDERTAKEN RESPONSIBLE TION TIME BUDGET DIFFICULTIES INDICATORS MECHANISMS & PARTNERS 000/LEKË Objective 8.2.6 Objective 220.127.116.11 Ensuring the Providing MoI, 2008 and on 40 Failure to Number of MoLSAEO, institutional specialised MoJ, come up with employees Civil society, building up of training to actors School of adequate trained in Donors specific in the system of Magistrates, planning of the each and capacities in justice (judges, Police School, coverage of every sector, response to public prosecutors, National needs. compared to domestic police, and Chamber of Shortage of the identified violence advocate lawyers), Advocates sufficient needs. victims' needs. who will be budgetary handling cases funds. Lack of involving domestic coordination violence issues. with donors. Objective 126.96.36.199.a Assessing the needs. Objective 188.8.131.52.b Identifying experts. ToT Objective 184.108.40.206.c Preparing modules and agendas. Objective 126.96.36.199.d Carrying out training. 97 STRATEGIC SPECIFIC ACTIONS TO BE INSTITUTIONS IMPLEMENTA SOURCES/ ASSUMPTIONS/ MONITORING M & E OBJECIVES OBJECIVES UNDERTAKEN RESPONSIBLE TION TIME BUDGET DIFFICULTIES INDICATORS MECHANISMS & PARTNERS 000/LEKË Objective 184.108.40.206 Training the MoJ, September 40 Failure to Number of MoLSAEO, judicial School of 2008 correctly plan trained Civil society, administration. Magistrates out coverage of employees, Donors needs. compared to Shortage of identified sufficient needs. budgetary funds. Lack of coordination with donors. Objective 126.96.36.199 Introducing MoLSAEO, December Part of structures in the MoI, 2007 and on training system of justice MoJ, costs to the strategy to PP, fight domestic School of violence, to Magistrates, international acts, Police School, as well as to legal National acts and Chamber of subordinate legal Advocates acts. 98 STRATEGIC SPECIFIC ACTIONS TO BE INSTITUTIONS IMPLEMENTA SOURCES/ ASSUMPTIONS/ MONITORING M & E OBJECIVES OBJECIVES UNDERTAKEN RESPONSIBLE TION TIME BUDGET DIFFICULTIES INDICATORS MECHANISMS & PARTNERS 000/LEKË Objective 8.2.7 Objective 220.127.116.11 Establishing Setting up a MoJ, January 2010 Part of costs Lack of Installing MoI by and reinforcing reliable legal MoI for coordination weapon producing the infrastructure in environment both establishing among detecting number of the system of for victims and structures structures. scanners at incidents in justice in witnesses, each and courts, response to advocate lawyers, every Civil society, domestic public prosecutors, courthouse. Surveying violence and particularly, Operating an victims' needs. for judges and alarm/ administrative warning staff. system allows police intervention in cases of incidents. Objective 220.127.116.11 Modifying the MoJ, January 2008 No costs Bureaucratic Services that MoLSAEO, payment system MoF incurred delays have no Council of for payments for financial toll Ministers, services that the on victims. Civil society system of justice offers to victims. 99 STRATEGIC SPECIFIC ACTIONS TO BE INSTITUTIONS IMPLEMENTA SOURCES/ ASSUMPTIONS/ MONITORING M & E OBJECIVES OBJECIVES UNDERTAKEN RESPONSIBLE TION TIME BUDGET DIFFICULTIES INDICATORS MECHANISMS & PARTNERS 000/LEKË Objective 126.96.36.199 Providing the MoI, 2008 500 Failure to Services MoLSAEO system of justice MoJ, achieve offered by the with a 24-hour PP, objectives system of telephone line, and Courts concerning justice ensure ensuring services drafting of citizens by judges, public subordinate round-the- prosecutors and legal acts in clock policemen on call time. telephone round the clock. access. Objective 8.2.8 Objective 22.214.171.124 Upgrading the Preparing unified MoI, September Part of Failure to Setting up a INSTAT, system designed models for PP, 2008 calculated achieve databank for MoLSAEO, for collecting registering MoJ, costs objectives domestic Council of data, and their domestic violence. Courts, regarding violence. Ministers reporting and INSTAT drafting of scrutiny. subordinate legal acts in time. Extra working time different institutions are required to accommodate so as to collect these statistics, as well. 100 STRATEGIC SPECIFIC ACTIONS TO BE INSTITUTIONS IMPLEMENT SOURCES/ ASSUMPTIONS/ MONITORING M & E OBJECIVES OBJECIVES UNDERTAKEN RESPONSIBLE ATION TIME BUDGET DIFFICULTIES INDICATORS MECHANISMS & PARTNERS 000/LEKË Objective 22.214.171.124 Enriching the MoI, On an on- 50 Shortcomings Annual INSTAT, database with data PP, going basis the databank statistics on MoLSAEO, on domestic MoJ, reveals at a domestic Council of violence; Courts first stage. violence. Ministers collecting data and Extra work the developing unified institutions are and standard required to put statistics. in so as to update statistics on domestic violence, as well. Objective 188.8.131.52 Rendering the MoI, On an on- No costs Poor operation Number of MoLSAEO, statistics provided PP, going basis incurred of the overall statistical Civil society, by court, police MoJ, information publications Donors and other services Courts system on domestic public, and managed by violence. scrutinising facts structures of associated with the system of them. justice. 101 Objective 8.2.9 Objective 18.104.22.168 Enhancing Ensuring MoJ, On an on- 10 Lack of Number of MoLSAEO, international international MFA, going basis coordination agreements Council of cooperation in cooperation in MoLSAEO with donors. concluded Ministers, the area of systematic between Civil society, prevention of research, and state-run Donors domestic collection, structures and violence and examination and international protection of dissemination of structures or domestic data, including the those in other violence data broken down countries, and victims, as well by sex and age, programmes. as in area of and all the relevant rehabilitation- information on the focussed nature and policies towards consequences of perpetrators. violence against women, and the impact and effectiveness of policies and programmes designed to fight this violence. Objective 220.127.116.11 Reporting MFA, On an on- No costs Delays caused Number of Council of developments MoJ, going basis incurred by lack of reports Ministers, surrounding MoLSAEO coordination submitted by Parliament, domestic violence and poor Albania to Civil society, and violence performance international International against women to by state-run bodies. bodies international structures. human rights 102 bodies on a regular basis, and the measures intended to prevent and fight it. Aim 8.3 Objective 8.3.1 Objective 220.127.116.11 Upgrading Setting up the Establishing MoI, Beginning 396 Shortage of Number of services and network of service structures Local from 2008 budget. structures providing vocational at a local level. government, Failure by established. support to all services MoLSAEO local Number of domestic capacities of government to beneficiaries violence providers of grasp the of services. victims. services to importance of individuals putting the exposed to structures in domestic place. violence. Objective 18.104.22.168 Creating a group MoLSAEO, 2008 No costs List of to identify services State Social incurred modules, the and the necessary Service, training training. Non-profit topics. organisations Objective 220.127.116.11 9 Developing Non-profit 2008-2009 Training training organisations, programmes programmes Faculty of designed for intended for Social all actors employees Sciences, involved in offering support State Social providing services. Service services. 103 STRATEGIC SPECIFIC ACTIONS TO BE INSTITUTIONS IMPLEMENTA SOURCES/ ASSUMPTIONS/ MONITORING M & E OBJECIVES OBJECIVES UNDERTAKEN RESPONSIBLE TION TIME BUDGET DIFFICULTIES INDICATORS MECHANISMS & PARTNERS 000/LEKË Objective 188.8.131.52 Sustaining the Ministry of 2008-2010 100 Shortage of Efficient existing Local funds programmes programmes with Government funds and means. (Is there such a ministry? MoI) MoLSAEO, Donors, MFA, Non-profit organisations Objective 188.8.131.52 \Creating a 3-year- Non-profit 2008 6 long national organisations, programme State Social designed for Service, children against Donors whom domestic violence is perpetrated. Offering support services to children experiencing violence. 104 STRATEGIC SPECIFIC ACTIONS TO BE INSTITUTIONS IMPLEMENTA SOURCES/ ASSUMPTIONS/ MONITORING M & E OBJECIVES OBJECIVES UNDERTAKEN RESPONSIBLE TION TIME BUDGET DIFFICULTIES INDICATORS MECHANISMS & PARTNERS 000/LEKË Objective 220.127.116.11 MoH, 2009 and on No costs Procrastination Publication Making all the Establishing a Non-profit incurred / interruption and attaching documentatio working group to organisations, of the process the protocol n associated develop a MoLSAEO, at one of the on handling, with the necessary protocol MoJ links of this recording and process of concerning mechanism. referring of developing recording of cases cases the protocol, in the medical involving discussion, registers, violence, to suggestions reporting, the upgraded and comments treatment and medical down to its referring of legislation. adoption, domestic violence available. victims. The draft of this protocol is taken up for discussion with the responsible group set up with a view to upgrading medical legislation in favour of violence victims, and then, is added to the other changes that this working group will submit for approval. 105 STRATEGIC SPECIFIC ACTIONS TO BE INSTITUTIONS IMPLEMENTA SOURCES/ ASSUMPTIONS/ MONITORING M & E OBJECIVES OBJECIVES UNDERTAKEN RESPONSIBLE TION TIME BUDGET DIFFICULTIES INDICATORS MECHANISMS & PARTNERS 000/LEKË Objective 22.214.171.124 Reviewing and MoJ, 2008-2010 2,500 Besides the upgrading the code MoH, physicians' of medical Non-profit duties deontology organisations, prescribed in concerning clearer Order of the Code of and more sensitive Doctor, Deontology, descriptions of Medical new duties physicians' overall professional and tasks and organizations responsibiliti physicians' duties es are added, patients when the identified and latter are domestic adopted in violence victims. handling violence victims. Objective 8.3.2 Objective 188.8.131.52 Providing quick Installing toll free Local 2010 Calculated Toll free and efficient telephone lines at a government, in other telephone services to in local level for Non-profit costs lines to the support and reporting domestic organisations, aid of defence of violence. MoJ violence violence victims. victims in the community. 106 STRATEGIC SPECIFIC ACTIONS TO BE INSTITUTIONS IMPLEMENTA SOURCES/ ASSUMPTIONS/ MONITORING M & E OBJECIVES OBJECIVES UNDERTAKEN RESPONSIBLE TION TIME BUDGET DIFFICULTIES INDICATORS MECHANISMS & PARTNERS 000/LEKË Objective 126.96.36.199 Transferring MoF, 2007-2010 Calculated Community- services and funds MoLSAEO in other based at a local level. costs services to domestic violence victims. Objective 126.96.36.199 Providing financial MoF 2010 No costs Number of facilities to the incurred shelters local government established in to borrow loans for communities. establishing shelters. Objective 18.104.22.168 Developing Faculty of Beginning 40 Local staff training Social from 2008 trained. programmes Sciences, Number of concerning needs State Social beneficiaries. for supporting Service, Improved violated women by Non-profit quality of staff at a local organisations services. level. 107 STRATEGIC SPECIFIC ACTIONS TO BE INSTITUTIONS IMPLEMENT SOURCES/ ASSUMPTIONS/ MONITORING M & E OBJECIVES OBJECIVES UNDERTAKEN RESPONSIBLE ATION TIME BUDGET DIFFICULTIES INDICATORS MECHANISMS & PARTNERS 000/LEKË Objective 184.108.40.206 Incorporating MoH, 2008-2010 32,000 Publication of violence victims' Non-profit the revised identifying, referring organisations, document on and treatment Doctor's Order the evaluation capacities as part of standard for the evaluation physicians and standards for institutions for physicians and health their institutions accreditation. concerning their individual and institutional accreditation. Objective 22.214.171.124 Building up the MoH, 2009 – 2010 No costs Identification Qualitative role of social MoF, incurred of a group of and workers and/or Non-profit 20 social quantitative psychologist, and organisations workers and 20 evaluation of placing them at psychologists, patients those parts of the and their benefiting 108 primary health training on from the care where issues of service performance of identification, provided by multi-disciplinary treatment social teams is not jointly with the workers / possible. medical staff, psychologists and referral in under terms of primary serious cases. health care. STRATEGIC SPECIFIC ACTIONS TO BE INSTITUTIONS IMPLEMENT SOURCES/ ASSUMPTIONS/ MONITORING M & E OBJECIVES OBJECIVES UNDERTAKEN RESPONSIBLE ATION TIME BUDGET DIFFICULTIES INDICATORS MECHANISMS & PARTNERS 000/LEKË Objective 184.108.40.206 Improving health MoH, 2008 -2010 No costs Appointment Qualitative service in private Non-profit incurred by MoH of a evaluation sector. organisations, person among the Incorporating Doctor's Order responsible for category of highly effective monitoring patients/victi measures to check services and ms receiving on and monitor upholding services quality of medical medical offered by the services that the professional private sector. private sector standards extends to violence regarding victims. protection of violence victims. 109 Objective 8.3.3 Objective 22.214.171.124 Improving Regulating MoH, 2008 – 2010 No costs Shortage of Increased MoH receives emergency distribution of the Non-profit incurred financial number of the and considers service in urban emergency service organisations resources to emergency reports reflecting and rural areas medical staff in ensure service qualitative and so as to respond rural areas in upgrading of medical staff quantitative immediately Northern Albania. the emergency in rural areas increase in the and services, and in Northern required qualitatively to particularly Albania. emergency the domestic motivate service medical violence medical staff to staff in Northern victims' health work in rural Albania and rural needs. areas. areas. STRATEGIC SPECIFIC ACTIONS TO BE INSTITUTIONS IMPLEMENT SOURCES/ ASSUMPTIONS/ MONITORING M & E OBJECIVES OBJECIVES UNDERTAKEN RESPONSIBLE ATION TIME BUDGET DIFFICULTIES INDICATORS MECHANISMS & PARTNERS 000/LEKË Objective 188.8.131.52 MoH, 2007 – 2010 No costs Postponement 2. Rendering the Developing an MoLSAEO, incurred of the Adoption by awareness- intervention plan MoJ, implementatio MoH of the raising plan designed to raise MoI, n of the intervention designed for awareness among Non-profit Strategy by the plan designed the and instruct the organisations, Government. to raise emergency existing MoF awareness service emergency service among and medical staff medical staff how instruct public and its to recognise, emergency discussion in identify and service public. manage violated medical staff. individuals. 110 Objective 8.3.4 Objective 184.108.40.206 Introducing Ensuring Local 2008-2009 No costs Specialised Regional psycho-social establishment of a government, incurred psycho-social Education service into all service team at Regional service. Directorates, schools. school. Education SHK, Directorates, SHQS Education Offices Objective 184.108.40.206 Regional 2008-2009 No costs Appointment of Regional Ensuring Education incurred a psychologist Education establishment of Directorates, and social Directorates, the database SK, worker as a SHK, system. School service system Local at schools. government STRATEGIC SPECIFIC ACTIONS TO BE INSTITUTIONS IMPLEMENT SOURCES/ ASSUMPTIONS/ MONITORING M & E OBJECIVES OBJECIVES UNDERTAKEN RESPONSIBLE ATION TIME BUDGET DIFFICULTIES INDICATORS MECHANISMS & PARTNERS 000/LEKË Objective 188.8.131.52 Ensuring that work Regional 2008-2009 8,000 Development SHK, is focused on Education of basic Regional individual and Directorates, documentatio Education group SHK n for Directorates, programmes. reporting Local domestic government violence. 111 Objective 220.127.116.11 Ensuring Regional 2007-2009 No costs Installing Local coordination Education incurred TIK system government, between Directorates, at school. Regional psychological Education Education service and Offices Directorates educative and teaching activities at school. Objective 220.127.116.11 Ensuring SHK 2009-2010 No costs Amendment MoES, cooperation incurred of legislation MoI, between the for the Parliament schools and the division of community with a powers and focus on the combination psychological of activities. integration of child victims of domestic violence. STRATEGIC SPECIFIC ACTIONS TO BE INSTITUTIONS IMPLEMENT SOURCES/ ASSUMPTIONS/ MONITORING M & E OBJECIVES OBJECIVES UNDERTAKEN RESPONSIBLE ATION TIME BUDGET DIFFICULTIES INDICATORS MECHANISMS & PARTNERS 000/LEKË Objective 8.3.5 Objective 220.127.116.11 Creating Creating relaxing RA, 2008-2010 Included in favourable environments in SHK other costs physical the communities Regional environments. for child victims of Education violence, including Directorates, day residences and Local playgrounds. government, MoES, 112 MoI Objective 8.3.6 Objective 126.96.36.199 Providing Conducting studies MoH, 2009 - 2012 2,500 Difficulty in Publication Discussion of health and to collect data on Non-profit getting of findings of outcomes and social services individuals organisations individuals study/ies. limitations of to perpetrators. exercising exercising study/ies. violence, so as to violence to identify the main report violence, factors impacting and overall, on their violent collecting behaviour in the accurate and family. reliable data. Objective 126.96.36.199 MoJ 2008-2010 600 Number of Developing in Prison victims prisons Directorate, rehabilitated. rehabilitation Non-profit Number of programmes organisations beneficiaries. designed for perpetrators. STRATEGIC SPECIFIC ACTIONS TO BE INSTITUTIONS IMPLEMENT SOURCES/ ASSUMPTIONS/ MONITORING M & E OBJECIVES OBJECIVES UNDERTAKEN RESPONSIBLE ATION TIME BUDGET DIFFICULTIES INDICATORS MECHANISMS & PARTNERS 000/LEKË 113 Objective 22.214.171.124 Upgrading MoH, 2008 – 2010 No costs Difficulty Careful Quality preventive and Non-profit incurred getting selection of evaluation of treatment services organisations individuals medical staff the number of at primary health exercising that may individuals care and hospital violence to work with involved in care centres, which report/admit and assist this violence, who are offered to violence. category have individuals (someone benefited perpetrating that may from these violence. coordinate services. assistance with the rest of the medical staff). Aim (?) Objective 8.3.7 Objective 188.8.131.52 Enhancing Establishing Setting up a MoH, 2008-2010 50 Shortage of 1.1a Structure State Social cooperation systems for resource centre. MoLSAEO, funds. established. Service, among distributing MoJ, Ministry 1.1b MoLSAEO, institutions/ information of Public Order Staff trained. MoH, MoES, mechanisms/ among different Job MoJ, actors bodies. descriptions. Non-profit addressing 1.1c organisations, domestic Database set Local violence. up. government 1.1d Number of persons employed. 1.1e Training sessions carried out. 114 1.1f Examination of the situation surrounding violence against trafficked women. Objective 126.96.36.199 Establishing Local 2008-2010 10 A database registers for government, available at a recording and MoLSAEO local level, documenting State Social on domestic violence, and Service violence ensuring victims. cooperation with the local government for introducing routine. Objective 184.108.40.206 Crafting a MoH, 2008 - 2010 No costs The 5-year- Implementati cooperative MoLSAEO, incurred long period on of the instrument MoJ, may not be National (working group) at MoI, enough to Strategy a central level to Non-profit finally achieve against look into health, organisations, upgrading of Domestic social well-being MoF the existing Violence by and gender medical 2012. equality issues, services. which will facilitate a cross- 115 sector national instrument responsible for implementing the Strategy against Domestic Violence, and planning out constant fight against domestic violence. Objective 220.127.116.11 Evaluating MoH, 2008-2012 1,000 Non-profit Publication progress of MoLSAEO, organisations and changes to be Non-profit outside of the distribution carried out in the organisations health area of health and social may be taken evaluations service system. unprepared in of expected the course of changes. this process. 116 ANNEX 1 Legislation description The definition of gender discrimination is not given in the Constitution. Although the Constitution foresees that in the hierarchy of the most important laws right behind it stand the international agreements ratified by our Parliament, which have priority over the local legislation if it falls in a disagreement. These agreements or international instruments are ranked after the Constitution, according to the importance, and have priority over the laws of the country falls in a disagreement with them (Article 122 (2) of the Constitution). Albania is a member of UNO since 1955 and has ratified a considerable number of Conventions for human rights, and in our context the most important one is the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) 1978, ratified by the Assembly of Albania. This Convention is known as well as the Women's Constitution for its importance. The Albanian State, according to its obligations, has reported to the Committee of the Convention in January 2003, and now is in the phase of fulfilling the recommendations made by the Committee of the Convention, and it is also preparing the second official report. Albania adheres to the Optional Protocol of this Convention, with the Law no. 9052, dated 17 April 2003. This protocol is very important for women or individuals whose rights nominated in the CEDAW Convention are violated. The Protocol allows them to direct to an international institution when these rights are either denied or violated by their state. Since CEDAW is self-executable, regarding gender discrimination, the definition of discrimination against women is provided for under Article 1 of the Convention and ―shall mean any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.‖ SAA The Stabilisation and Association Agreement (SAA), Articles 77 and 99, define the obligations of Albania regarding offering equal employment opportunities, in the area of work conditions, with attention to health and security at work. Under social collaboration Albanian legislation aims to make adaptations with acquis communautaire regarding equal opportunities for women. In 1995, the Beijing Declaration and the Platform of Action, supported by 180 countries, supports the solemn actions of the governments, and represents a detailed work of what is needed for an effective implementation of CEDAW on the creation of the national mechanism. The Millennium Declaration, signed in September 2000 in the UNO High Level Meeting, asks the member countries ―to support gender equality and the empowerment of women, as valuable ways to fight poverty, hunger and diseases, and to foster development. This way it will be really sustainable‖. Beijing+10, a decade after Beijing Declaration, reviewed and evaluated the 10-years period of Platform of Action's implementation. In this meeting, the attention was placed in the 7 priorities proposed by the recommendations of Committee on the Status of Women, part of which is ‗the 117 elimination of gender inequalities in employment and the elimination of differences in income‖. The ILO (International Labour Organisation) Mandate on gender equality is to promote equality amongst women and men in the working world. The mandate is based in the International Labour Conventions that pay special attention to gender equality, especially on the four main conventions on equality (Conventions 100, 111, 156, and 183). 1.2.1. Legal Framework regarding the political rights (and decision-making) Civic and political rights: Both men and women enjoy de jure equal civic and political rights. Legally, women have the right to choose with free will their accommodation, to have a name and last name, the right of citizenship and the change of it. Political rights: The Albanian legislation recognizes equal rights to both women and men, who after the age of 18 years old have the right to elect and being elected (Constitution, Article 45). The right of vote is guaranteed. Historically, women have gained the right to vote and being voted for the first time in 1928 with the Declaration on ―The Rights of Citizens‖. In this declaration are guaranteed equal rights for women and men, which were put into practice in the first after-war elections in 1945. In the Electoral Code, Law no. 8087, dated 19 June 2003, according to the Constitution, it is sanctioned once again the principle of non-discrimination for electing and being elected, and is also guaranteed the right to vote for the electors. The women movement has worked to put in the electoral law of year 2000 and later a quota of 30 per cent of representation for the most discriminated gender. But, this is not achieved yet. The majority system, foreseen by our legislation, doesn't allow the inclusion of quota. In the mean time, the largest political parties have sanctioned in their statutes the quota of women participation in the parties' in their structures in charge. 1.2.2. Legal Framework regarding economical rights and employment The Chapter IV of the Constitution of the Republic of Albania on ―The economical, social and cultural rights and freedoms‖ defines that all the citizens are equal in front of the law and that none can be discriminated due race, gender, religious, philosophical and political beliefs, language, economical, education and social status. The fundamental law of the Albanian state in its Article 49 (1) foresees the right of employment. ―Every individual has the right to earn his living through a legal work that he/she has chosen or accepted him/herself. He/she is free to choose the profession, the work place, and his/her professional qualification system‖. Equal rights for men and women are also foreseen in the ―Law for Gender Equality‖, which consist in placing both sexes in equal positions in the employment field, and special dispositions for sexual harassment in the work place. (Articles 4, 5, 6, 7 and 8). The rights in the employment field. The Constitution of the Republic of Albania, Chapter IV, Article 49, point 1, defines that everyone is free to choose the profession, work place, and his/her professional qualification system. The Code of Labour, Article 9, prohibits every kind of discrimination in choosing a profession and in the hiring process. 118 The Code of Labour prohibits the discrimination based on sex that endangers the right of the individual to be equal in employment and training, in the hiring procedures and in work conditions, in performing the tasks, in remuneration, social assistance, in ending a contract, and also in participating in the trade unions. Equal remuneration. Regarding equal remuneration between men and women, the Article 115 of the Code of Labour, paragraph 3, foresees that the employer must give to men and women equal payment for the same work value. This formulation is in line with all the international instruments (ILO-Convention 100 on Equal Remuneration, 1951), in which Albania is present. Again, according to the Code of Labour, in case this principle is violated, the employer is obliged to pay to the discriminated employee a compensation that includes all the advantages that has the employee of the opposite sex. (Article 115, paragraph 4 of the Code of Labour). The Albanian legislation is not discriminatory with the equal remuneration. It treats equally men and women. The de facto evident problem is the low participation of women in leading positions. Although they are generally educated and qualified, the leading positions in the public sector, but in the private one as well, are held by men who consequently will get a higher remuneration. De facto women work in sectors where the remuneration is lower. They work in such positions as nurses; in the pre-school system and teachers in the 9-years and high school education; in the private sectors as tailors, etc., jobs that are less paid. The point ‗ç' of Article 4 of Law no. 9198, dated 01.07.2004, ―On gender equality in society,‖ defines that one of the obligations of the employer for applying equal rights is to pay equally for works with equal value. Article 5, point ‗a', states as discriminatory act of the employer due to the sex when ―using different standards towards the recruits linked with the time and/or wages for the work of equal value‖. The breach of this law in relation to the case brings disciplinary action, administration or criminal for the guilty person, and also if the breach is made by an employee of the government administration, the guilty person could pay a fine of up to 30,000 lekë. Working conditions. The Code of Labour in Chapter VIII from Articles 39-45 foresees the security and the protection of the state. In the Code of Labour are foreseen special rules for the protection of the working woman. Clause 54 (3) foresees that pregnant women that work constantly standing up, every 3 hours must rest at least 20 minutes. Article 55 paragraph 5, foresees that the maximum weight lifted by women must be up to 20 kg, whereas for men is 55 kg. As mentioned in the article 72, the employer in places where women work is required, including the other hygienic conditions, to ensure separate rooms for them. The breaking of the above conditions could be fined up to 20-50 times the minimum wage set by the law. Protection in cases of job loss. The Code of Labour in the Article 146 paragraph 2 describes the cases of the breach of contract from the employer without valid reasons. The court decides in cases of firing a person without valid reasons and the employer is required to give compensation up to 1 year's wages or return to the job. The protection is ensured from both the Albanian legislation and from the conventions ratified by our parliament. Albania has ratified by Law no. 7767, dated 1993, Convention for the 119 Elimination of All the Forms of Discrimination against Women," also the Additional Protocol of this Convention in 2003 by the Law no. 9052, dated 17 April 2003. According to this Protocol, every person or group that feels discriminated towards the rights foreseen in the Convention has to right to complain at the Convention Committee, through a specific procedure. Complaints in cases of sex discrimination, in relation of the above laws, its also foreseen in Law no. 9198, dated 1 July 2004, "On gender equality in society." Sexual harassment at the workplace. In relation to the sexual harassment in the work place there aren't official statistical data if these cases have gone or are solved in court. Even from association of women that are involved in legal help for women doesn't appear to have such a case. However, this doesn't mean that these cases don't exist. In the Media, it is written many times about the phenomenon and the way it treated by the public and the legislation. In relation with the sexual harassment in the work place, the Albanian Legislation expresses in the Code of Labour and the Law no. 9198, dated 1 July 2004, ―On gender equality in society.‖ The right of employed women to protect their pregnancy. Paid leave for women before and after childbirth: 1. Article 54 of the Albanian Constitution speaks of appropriate measures from the state of more vulnerable categories and specifically children, the young, pregnant women and young mothers. In connection with protection by the Constitution, the Government releases legal articles for the protection of pregnant women in relation to employment. 2. According to Law no. 9198, dated 1 July 2004, "On gender equality in society," doesn't include the discrimination or the removal of the rights on equality for men and women "appropriate protection for women, during pregnancy, birth and illness". 3. Women have right to maternity leave if she was involved in the insurance schemes for the last 12 months and was employed with and employment contract from the start of the pregnancy to the start of the maternity leave. The period of maternity leave is 365 days including minimum 35 days before childbirth and days after childbirth (Article 104 of the Code of Labour). 4. Law No.7703, dated 11 May 1993, "On social security in the Republic of Albania," guarantees further the rights of insured women for ... in case of pregnancy. The employer is required to save the jobs of women during their period of maternity leave, in opposite case this is considered a discrimination due to pregnancy or motherhood (CEDAW). In addition the employer can't fire or stop the employment of a recruit who declares she is pregnant. Appropriate protection. The Council of Ministers with the 397 VKM, dated 3 May 2002, has passed the decision ―For the special protection of the pregnant women and motherhood". According to Article 108 of the Code of Labour, night shifts are not allowed for pregnant women. The Criminal Code of the Republic of Albania considers it as a criminal act against pregnant women with worse conditions, (Article 50 (e), whereas Article 79 (b) foresees life imprisonment for the death of a pregnant woman. 120 The Law no. 8549, dated 11 November 1999, "On the status of the Civil Servant," foresees in Chapter IV, Article 15, the promotion of civil servants without distinction of sex. This law even details the procedures for promotion through competition. 1.2.3 The legal framework regarding education and professional development The legislation about education is built on the foundations of gender equality being one of the important parameters specified in the Constitution of the Republic of Albania and in the beliefs and the international agreements and pacts ratified by our country. This includes: Law no. 7952, dated 21 June 1995, "On the education system prior to higher education" changed in Law no. 8872, dated 29 March 2002, "On the education and the professional development of the Republic of Albania," also in Law no. 8461, dated 25 February 1999, "On the higher education in the Republic of Albania", changed. Law no. 7952, dated 21 June 1995, "On the education system prior to higher education," its change foresees in the article 3 the sanctioning of gender equality by expressing equal rights for the citizens of the Republic of Albania to education at all levels of education, without exception to social conditions, nationality, language, sex, religion, political beliefs, health conditions or economic level. The gender equality is kept an eye on in this law and the creation of programs for academic development, which are done in junction with the achievements and the international academic developments, also the national differences, regional, socio- economic and the demographics of Albania. Law no. 8872, dated 29 March 2002, "On the education and the professional development of the Republic of Albania," in the Article 1, paragraph 3 guarantees the right to education and professional development throughout life, the possibility of the completion of the initial professional education, also the gain of the necessary professional knowledge for employment while creating equal opportunities for everyone. The acceptance in education and professional development, council and direction in education and professional development have an equal treatment of all subject affected by this Law exclusive of sex. Law no. 8461, dated 25 February 1999, "On the higher education in the Republic of Albania," now is completely changed, by giving a greater development to Higher Education in Albania and including it in the European zone of this education. This law in conclusion reflects the idea of gender equality. All subjects that are part of this law, or are affected by it, are treated the same and without gender distinction. In the mean time, this law insures learning through out life, possibilities and equal chances for everyone, possibilities for free movements, by giving so the chance to the studies carried out in the entire European zone. Law no. 8872, dated 29 March 2002, "On the education and the professional development of the Republic of Albania," in the clause 3 of Article 1, except the other aims it is expressed that this law guarantees the right expressed in the Constitution of the Republic of Albania for education and professional development through out life, the 121 possibility of the completion of the initial professional education, also the gain of the necessary professional knowledge for employment while creating equal opportunities for everyone. From this law benefit including students and individuals who reached the age of 18 years as from clause c) "specific groups that desire professional redevelopment, also individuals with limited capabilities, mothers with many children, individuals under 18, the long term unemployed, individuals from families under the poverty line and every other category that will be specified as such by the decision of the Council of Ministers". Directive no. 394, dated 23 February 2004, by the Ministry of Labor and Social Affairs, "For the costs of the professional development system," specifies the registration cost for the categories: Roma community, girls and women that have been trafficked etc, are free for the courses offered at the Public Centers for Professional Development. 1.2.4 The legal framework regarding Social Services15 In 2002, Law no. 8889, dated 25 April 2002, was approved "For some extensions and changes to the 7703 Law, dated, 11 May 1995‖ For social insurance in the RSH". This law brought firstly, reduction in the norm for the contribution must be paid to the employee and employer from 42.5 per cent to 38.5 per cent starting from the 1st of July 2002, and secondly, changes to the age of retirement with a gradual increase for women from 55 to 60 and for men 60 to 65 years. Therefore a positive discrimination is still help for women in connection with benefits towards retirement by adding here also the reason of the greater life expectancy than men and enjoys for a longer period her old age pension. In Law no. 7703, dated 11 May 1993, "On social insurance in the Republic of Albania," In the Article 91 section 4 the period of the completion for the higher education studies with sabbatical for women starting from 1 September 2000 and the future, without exception from the place and the years when the studies were carried out, is acknowledged as an insurance period for reasons of retirement. In this case the expenses are supported from the state budget at the time when the application for pension is submitted." In Law no. 8087, dated 13 March 1996, "On supplementary social security of the military forces personnel of the Republic of Albania, and the personnel of the Ministry of Interior and the National Information Agency", in Article 11, for temporary retirement due to time spent in the service for the soldiers of permanent active service, which have joined the reserves or released after 3 July 1991, until the completion of the requirements for old age pension, benefit temporary pensions for the time spent in the service, when they complete the time of military service, 12 years for women and 15 for men also if they have reached the old age: 42 years for women and 47 years for men.16 With voluntary insurance that is realized according to the Regulation no. 35/1, 2005, the 15 For more detailed information please refer to Annex 2, attached to this strategy 16 Legislation of Social Securities – ISS, pg. 52 122 social insurance system responded to the needs of the citizens that wanted to enter the social insurance schemes without being economically active where like we treated it above women that are not economically active have a bigger weight. This scheme also created the possibility for a person to be insured with maximum benefits, where even in this case, women being less paid in the work market, have the chance to increase their social benefits for maximum pensions. Voluntary insurance can be taken by a third person without her being necessarily present. 1.2.5 The legal framework regarding health care and services Article 55 of the Constitution of the Republic of Albania guarantee rights for health care provided by the state. Even so the Albanian legislation has not specifically formulated the non discrimination in health care. The law over the health care dates from the year 1963 and does not reflect today's legal climate. Law no. 8876, dated 4 April 2002, "On reproductive health," uses the term discrimination and says the provision of health care without gender discrimination, or any other demographic category. Article 8 guarantees the decision making of every individual in relation to the reproductive rights in accordance to their interests, without being discriminated, made to or suffer violence. This law also offers special support for the services of health care for mothers and children (Article 13/2) the regular medical check up visits before and after birth, especially check-ups during pre and induced post partum (Article 24/1) the aim of this law is the knowledge of the reproductive rights and the reproductive of every individual. This law which is supported in the Constitution, CEDAW, the Convention on the Rights of the Child enforces the reproductive health it's an important part of general health. It is not just a reflection of the health during adolescence and adult life, also specifies the basis of health during the reproductive years for women and men, and also has important effects over the future generations. The law also respects the idea of non discrimination sanctioned in the Constitution and important international documents. Article 37 of the law which states that the use of the assisted technological methods for reproduction prevents the selection of the sex of the child in exception to cases where it is possible to inherit illness due to the sexes. The Law no. 8528, dated 23 September 1999, "On promoting and protecting breastfeeding," drawn up to discourage the substitution of breast milk with formulated milk, to regulate the sale of artificial food for babies, and also promote public consideration over the advantages of breastfeeding. The Criminal Code of the Republic of Albania, Law no. 7895, dated 27 January 1995, Articles 93, 94 and 95, describes the sanctions of up to five years imprisonment for the termination of the pregnancy without the woman's consent, the abortion in an unauthorised location by unauthorised individuals, also to those who provide items to the pregnant women to terminate the pregnancy after 12 weeks. The National Strategy for the Prevention and the Control of the Distribution of HIV/AIDS in Albania in the years 2004-2010 specifies the danger of being affected by HIV/AIDS of women and girls in Albania and aims prevention measures and treatment measures. 123 ANNEX 2 REFERENCES REGARDING LEGAL FRAMEWORK FOR SOCIAL PROTECTION17 The new Law ―On social assistance and services‖ with DCM (Decision of Council of Ministers), no. 9355, dated 10.03.2005, which replaced the previous Law no. 7710, dated 18.05.1993, ―On social assistance and care,‖ as a result of the changes occurred in the country and needs for new social services. The new law is completed with several sub- legal acts as: DCM no. 564, dated 12.08.2005 ―For licensing service providers of social care‖, which is completed with two directives (guidelines) of the Ministry of Labour, Social Affairs and Equal Opportunities; Directive no. 90, dated 16.01.2006 ―For the establishment of commission that licenses the service providers of social care‖; Directive no. 90/1, dated 16.01.2006, ―For the organizing procedure of the social care service providers' licensing commission‖. DCM no. 787, dated 14.12.2005, ―For the definition of criteria, procedures and size (scale) of Economical Aid‖, and Directive no. 338/3, dated 10.03.2006, ―On the implementation of DCM no. 787, dated 14.12.2005, ―On determining the criteria, procedures and size (scale) of financial assistance.‖ DCM no. 786, dated 26.11.2003, ―For commissioning and payments of people with disabilities‖, and the Directive no. 298, dated 11.02.2004, ―For commissioning and payments of people with disabilities.‖ DCM no. 563, dated 12.08.2005, ―For the determination of region's responsibilities in delivering civil services.‖ DCM no. 209, dated 12.04.2006, ―For the definition of criteria and necessary documentation for hiring people in the residential, public and private institutions of social care.‖ . DCM no. 419, dated 19.06.2003, ―For the treatment of orphans with medical service and medicines‖. DCM no. 512, dated 31.05.2006, ―For closing procedures of financial assistance and payments of disability and social care audit‖ 17 For more information you can refer also to the Strategy of Limited Ability (Disability), National Children Strategy and Roma Strategy. 124 DCM no. 618, dated 07.09.2006, ―For the determination of criteria, documentation and scale of benefit for people with disabilities.‖ DCM no. 619, dated 07.09.2006, for some changes of DCM no. 31, dated 20.01.2001, ―For the benefits of invalid, paraplegic and quadriplegic status,‖ as amended. Law no. 8788, dated 07.05.2001, ―On non-profit organizations.‖ Directive no. 687, dated 24.03.2006, ―For the administration of humanitarian aids that profit the residential and daily social care institutions.‖ Strategy of Social Services approved with DCM no. 265, dated 28.04.2005. In this strategy, considerable attention has been given to social services offered to groups in risk as children, trafficked and raped women, and Roma women. 125 ANNEX 3 REFERENCES TO THE LEGISLATIVE FRAMEWORK ADDRESSING DOMESTIC VIOLENCE International instruments supporting schools' performance I - Domestic legislation Constitution of the Republic of Albania Law on pre-university education Criminal Code Civil Code Family Code II – Instruments of the United Nations Organisation Universal Declaration of Human Rights Convention on the Rights of the Child Convention on the Elimination of All Forms of Discrimination against Women III – Instruments of the Council of Europe and European Commission European Social Charter European Convention on Human Rights and Fundamental Freedoms European Convention on the Exercise of Children's Rights Hague Convention on Protection of Minors and Cooperation in the Area of International Adoption European Parliament on Trafficking in Children and Soldier Children European Commission Recommendations on Sexual Abuse of Children Special recommendations by the Council of Europe Recommendation (85 ) 4 ―On domestic violence‖ Recommendation (87) 21 ―On assistance to crime victims and prevention of victimisation‖ Recommendation (91) 11 ―On sexual exploitation‖ International Covenant on Economic, Social and Cultural Rights, Article 10. Chapter 2 Analysis of the current legislative framework addressing domestic violence In this analysis of the current situation surrounding legislation we will adhere to the principle of the hierarchy of norms operating in the territory of the Republic of Albania, as determined by its Constitution.18 18 Law no. 8417, dated 21 October 1998. Under Article 116 of the Constitution of the Republic of Albania: ―Normative acts that are effective in the entire territory of the Republic of Albania are: a) the Constitution; b) ratified international agreements; c) the laws; and d) normative acts of the Council of Ministers.‖ 126 1. Constitution of the Republic of Albania The Constitution employs a gender neutral language, and stipulates that: ―No one may be unjustly discriminated against for reasons such as gender, race ...‖ (Article 18/2). Even though no norm specifically addresses domestic violence, the Constitution of the Republic of Albania states that marriage and family enjoy special protection by the State (Article 53/2). Given than the entire Albanian legal system is built on constitutional arrangements and principles, each and every law, subordinate legal act, court decision, and individuals' and bodies' action or omission to act should observe and protect the fundamental human rights and freedoms that are indivisible, inalienable, and inviolable, and stand at the basis of the entire juridical order (Article 15/1). ―Children, the young, pregnant women and young mothers have the right to special protection by the State. Likewise, every child has the right to be protected from violence, ill treatment, exploitation ...‖ (Article 54). 2. European Conventions on Human Rights Albania has ratified a considerable part of the international instruments relating to the protection of human rights. Following their publication in the Official Gazette, each and every ratified international agreement becomes part of the internal juridical system. Under Article 122/2 of the Constitution, ―an international agreement that has been ratified by law has superiority over laws of the country that are not compatible with it.‖ a. Instruments of the United Nations Organisation Domestic violence is addressed in the United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), irrespective of it that the latter does not address it explicitly. Under the CEDAW, the definition of discrimination includes ―gender-based violence, that is, violence that is directed against a woman because she is a woman, or that affects women disproportionately. It includes acts that inflict physical, mental or sexual harm or suffering, threats of such acts, coercion and other deprivations of liberty.‖ The CEDAW lays down a whole list of obligations for the States Parties so that they undertake to adopt ―all the necessary measures.‖ This Convention and these measures are further reinforced following adoption of the Optional Protocol to the CEDAW and the CEDAW General Recommendation no. 19. In its recommendations to Albania, the Committee on the Elimination of Discrimination against Women suggests reviewing of the penal legislation so as to make domestic violence punishable, adoption of new specific laws on domestic violence that provide for court orders for protection and legal aid to women, setting up and operation of an adequate number of shelters, development of a state-run mechanism for the systematic collection of the data and statistics on domestic violence, the training and sensitisation of the justice system structures on domestic violence issues, and the launching of public awareness-raising and educative campaigns.19 19 The main problematic areas and the recommendations of the Committee on the Elimination of Discrimination against Women for the Albanian Govenment upon submission of the combined First and 127 The difficult political and social conditions or economic crisis which the Albanian State is going through is not an excuse for the failure to fulfil obligations in order to ensure protection of the victims from domestic violence. CEDAW requires all due attention from the States. The State is duty bound not only to refrain from committing illegal acts encroaching on human rights, but it should also not allow and punish its nationals committing similar violent actions. The State is duty bound to undertake reasonable steps to put an end to violations of human rights, and make use of the tools available to it to conduct a serious investigation of the violations committed within its jurisdiction, to identify the perpetrators, to impose suitable punishment on them, and to ensure appropriate damages for the victims. The CEDAW Committee, an expert body founded in 1982, is the CEDAW supervision mechanism (and the Optional Protocol to the CEDAW). The State is duty bound to report to this Committee at least once every four years on the progress made for the application of the Convention. Under the Optional Protocol to the CEDAW,20 women are offered trade-offs on an international level, and a leeway to win given justice cases. This Protocol urges the Governments to carry out the necessary actions at a national level. By ratifying this document, Albania recognises the CEDAW Committee the power to receive and consider complaints filed by individuals or groups within its own jurisdiction.21 Through reinforcing the principle of accountability for violations, the Optional Protocol has strengthened the CEDAW-related effectiveness as a tool for the protection of women's human rights. The CEDAW22 General Recommendation no. 19 was introduced in order to reinforce the CEDAW obligations in the area of domestic violence, as well. The Committee recommends adoption of a special legislation on domestic violence, including penal sanctions and civil remedies; taking of a series of preventive measures (including public information and education programmes to change attitudes concerning the roles and status of men and women) and protective measures (including refuges, counselling, rehabilitation and support services for women who are the victims of violence or who are at risk of violence); reporting on all forms of gender-based violence, including data on the incidence of each form of violence, and on the effects of such violence on women who are victims; constant monitoring of the measures undertaken; and reviewing of the effectiveness of the actual measures so that their modification is carried out where necessary. Second Periodical Reports. http://daccessdds.un.org/doc/UNDOC/GEN/N03/468/20/PDF/N0346820.pdf?OpenElement 20 It entered into force on 22 December 2000. As of 3 March 2006, it registers 76 States Parties. 21 The Optional Protocol establishes two procedures: the communications procedure allows women and groups to file complaints against violations of the rights protected by the CEDAW, and the inquiry procedure allows the Committeeto initiate, on its own, an investigation where it has received reliable information of grave or systematic violations of human rights within a given jurisdiction. 22 U.N.Doc. A/47/38 (1992). 128 The Declaration on the Elimination of Violence against Women23 (DEVAW), adopted in 1993, produces a broad definition of violence against women, and informs that it may occur in the family. Even though the Declaration does not have a binding power, its norms are of major importance in laying down concrete obligations in the area of the fight against domestic violence. It is universal in the addressing of this issue, and is known as a source of international law. The Declaration outlines specifically the actions a State should take to eliminate the violence occurring in the private life: develop appropriate penal sanctions; develop national plans of action to promote the protection of women against any form of violence; work to ensure, to the maximum extent feasible in the light of their available resources, that the victims of violence have social services; take measures to ensure that public officials responsible for enforcing the law receive training to sensitize them to the needs of women; and to include in government budgets adequate resources for their activities related to the elimination of violence against women. The Declaration makes it clear that the actions of the States Parties will be gauged by international standards that clearly articulate strategies on the elimination of domestic violence against women.24 In the area of domestic violence, as a matter of priority, the Beijing Platform for Action recommends reviewing of legislation, taking of other effective measures and producing the appropriate mechanisms so as to ensure protection of all women from domestic violence, which should be considered as a criminal offence, punishable by law (Article 69). The Convention on the Rights of the Child (Article 19) outlines the obligation of the States Parties to take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse. Among these measures the Convention includes effective procedures for prevention, identification, reporting, referral, investigation, treatment and follow-up of instances of child maltreatment, and, as appropriate, for judicial involvement. The measures to promote physical and psychological recovery and social reintegration of a child victim of any form of neglect, exploitation or abuse, torture or any other form of cruel, inhuman or degrading treatment should be taken in an environment, which fosters the health, self-respect and dignity of the child (Article 39). 23 A/Res/48/104. 24 The United Nations, Commission on Human Rights on the Resolution on Human Rights 2003/45, Elimination of Violence against Women, and Model legislation on domestic violence by Special Rapporteur on violence against women. E/CN.4/1996/53/Add.2, 2 February 1996. In her 1996 report, the Special Rapporteur on violence against women included model legislation on domestic violence. The model includes a definition of domestic violence, complaint mechanisms, duties of judicial officers, criminal and civil proceedings, and provisions of emergency and non-emergency services, training of police officials and judicial officers and counsellors. This framework for model legislation outlines important elements, which are integral to comprehensive legislation on domestic violence. The objective of this model legislation is to serve as a drafting guide to legislatures and organisations committed to lobbying their legislatures for comprehensive legislation on domestic violence. This model creates flexible and speedy remedies to discourage domestic violence and protect women where such violence has taken place. This model, likewise, serves to provide explanation and develop a greater understanding of the incidence and causes of domestic violence, and encourage community participation in eradicating domestic violence. 129 The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.25 Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. b. Instruments of the Council of Europe The Council of Europe human rights documents reflect the principles underpinning the United Nations treaties and other instruments according to which violence against women is a violation of fundamental human rights. These documents include the European Convention on Human Rights,26 European Social Charter, European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment.27 c. Instruments of the European Union Even though Albania is not yet a member country of the European Union, its signing of the Stabilisation and Association Agreement generates a number of obligations in terms of recognising and harmonising the legal framework and the justice system structures with these standards.28 Joining the European Union is not merely a desire, devoid of certain obligations. The process of integration is a pathway, which obligatorily dictates the meeting of international human rights standards. In a Resolution adopted on 2 February 2006 to combat domestic violence against women, the European Parliament calls on the Commission and the Member States ―to establish the necessary means to monitor the activity and progress of the accession and candidate countries regarding treatment 25 State Violence in Albania. Alternative report for the United Nations Committee Against Torture. Tirana and Geneva 2005. Prepared by CRCA, AHRG and CLCI (former QAG, pp. 63-95). 26 Article 14 of the European Convention stipulates that ―the enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex …‖ The Convention guarantees the right to life (Article 2), the right to liberty and security of person (Article 5), and the right not to be subjected to torture or inhuman or degrading treatment or punishment (Article 3). The Convention, likewise, sanctions the woman's rights to an effective legal remedy before a national authority if her human rights have been violated (Article 13). 27 European Convention on Human Rights has a direct effect on the internal legislations, and the judiciary should rely on the provisions of the European Convention and the Strasbourg Court Jurisprudence. The Committee of Ministers has adopted a number of recommendations on domestic violence for the States. The 3rd European Ministerial Conference on Equality between Men and Women in 1993 was focussed on the strategies for combating violence against women. The Conference adopted ● Declaration on Policies for Combating Violence against Women in a Democratic Europe. A working group was set up to develop a Plan of Action to Combat Violence against Women. The final Report came out in 1998, and includes recommendations to combat violence against women at two levels: both at a national and international level. They include implementation of the reforms of the legislative, the judiciary and the executive. ● Recommendation 1450 (2000) urges harmonising national legislations with European law, thus ensuring protection of victims through the system of law. ● In Recommendation 1582 (2002), it is recognised that the States Parties ―have an obligation to exercise due diligence to prevent, investigate and punish acts of domestic violence, and provide protection to victims.‖ ● Recommendation 1681 (2004) urges a more comprehensive treatment of domestic violence as a national political priority, which should be addressed by the Government, the Parliament and the civil society. The States should take effective measures to prevent and punish such acts perpetrated by private persons, and to protect the victims/survivors. The Recommendation underscores that ―acts of domestic violence be made a criminal offence, that victims be afforded better judicial, psychological and financial protection, and that a European year against domestic violence be held to ensure that such violence is no longer a taboo subject.‖ 28 Treaties and directives are the main resources of the community law. 130 of women in all areas of society, and to make the safety and treatment of women in these countries a criterion for accession‖ (paragraph 1/k). At the same time, the European Parliament calls for zero tolerance for all the forms of violence against women. Even though the resolutions and other instruments of the European Union related only to the Member States, European non-member countries, as is the case of Albania, should bring national legislations into line with the European Union standards, if they are keen to apply for membership. The European Union has addressed gender equality through a number of directives, resolutions, recommendations and acts issued by the Council of the European Union, European Commission and European Parliament.29 Albania's National Plan for the approximation of the national legislation to the EU legislation and the implementation of the SAA provides for a number of legislative measures as regards respect of human rights. This means that an entire legislative 29 Violence against women is one of the main topical themes the European Union is concerned with. In 1986, the European Parliament adopted the Resolution on violence against women. The Resolution urges the Member States to recognise in their national laws sexual violence within marriage as a crime, and the training of those who come into contact with the victims of domestic violence, and called for providing legal assistance to women. In 1997, the European Commission decided to establish the DAPHNE Project to combat violence against women, and the European Parliament launched a campaign (―Zero tolerance‖) not to tolerate violence against women. At the same year, the European Women's Lobby established the European Centre for Political Action on Violence against Women and the European Union Observatory on Violence against Women. The European Union Presidency has placed the domestic violence issue on its political agenda as early as 1998, and has adopted a number of recommendations basically focussed on domestic violence. Besides, in 1999 the European Campaign to Raise Awareness of Violence against Women was launched. In the European Union Conference on Violence Against Women held in the same year, five expert forums were set up to look into given aspects of domestic violence: the extent, reasons behind and consequences of violence against women; legal possibilities for combating (domestic) violence against women; prevention; help to organisations and cooperation with institutions, European networks; and work with perpetrators. This Conference adopted the Recommendations of the Expert Forums for the Member States. The European Union experts' meeting on violence against women, held in 1999, developed recommendations for joint models of auxiliary actions to combat violence. They contained programmes for training men exercising violence, legal proceedings against and research on violence. They pointed out that domestic violence is a crime, and it is subjected to criminal proceedings, where men- focussed training programmes cannot offer a trade-off. The proposal forwarded by the European Parliament and the Directive of the Council regarding the EU citizens' and their household members' right to moving and living freely within the territory of the member countries, which provides the explanation that the article on ―divorce or nullity of marriage shall not result in loss of the right to residence for the EU citizen's household members who are not citizens of a EU Member State,‖ should have been extended to the situation surrounding domestic violence. The Social and Economic Committee recommended that this formulation makes a more explicit reference, hence to ―violence psychological or physical in nature, and gender-based at home or in the family.‖ Reviewing the implementation by the EU Member States, the European Union Council has prepared a report on the domestic violence issue. The report incorporates the draft of the Council's conclusions with regard to the domestic violence indicators and the list of indicators prepared by the Danish Presidency for measuring the compatibility of the provisions on domestic violence of the Member States with the Beijing Platform for Action. At the outset of 2006, the European Parliament formulated its zero-tolerance policy as regards all forms of violence against women. By way of its Resolution on the fight against men's violence against women, adopted on 2 February 2006, the European Parliament calls on the Memer States to take appropriate measures to ensure prevention and punishment of violence in their national legislations, and better protection of and support for victims and those who are at risk of becoming victims of violence. Besides, the Parliament calls on the Commission and the Member States ―to establish the necessary means to monitor the activity and progress of the accession and candidate countries regarding treatment of women in all areas of society, and to make the safety and treatment of women in these countries a criterion for accession‖ (paragraph 1/k). All these activities at the level of the European Union are indicative of the approach to the importance of combating domestic violence and the States' responsibility in this aspect. See:http://europa.int.eu/comm./employment_social/equ_opp/colognerec_en.html; http://presidency.finland.fi/netcomm/news/showarticle1871.html 131 framework will be subjected to a process of analysis so as to be brought into line with the EU standards. In this context, the working groups set up at the Ministry of Justice should also be focused on the harmonisation of the legislation on the protection from violence with the European standards30. Whereas the Conventions on human rights in general, and particularly, those on the women's and children's rights, already ratified by Albania, are in large numbers, and under the Constitution of the Republic of Albania, are considered part and parcel of the domestic legislation, and binding, the judges', public prosecutors' and advocate lawyers' knowledge of them and application is limited. These instruments are unknown to the victims of domestic violence. This leads to their failure to be directly applied by the justice system, and their failure to be placed at the service of the victims and those looking to have an access to justice (monitoring of the court decisions has demonstrated that, overall, reference to these Conventions amounts to almost zero). Because of this the definitions employed by these instruments are not known and implemented. Even though the home page of the Albanian Ministry of Foreign Affairs contains a detailed list of the ratified international Conventions (UNO and Council of Europe) and their relevant Protocols, the possibilities to know them are limited because not all the players in the justice system have access to Internet. There are some hurdles concerning being updated on the new legislation, also on account of evidently abundant productivity. The Official Gazette is distributed free of charge to the judges and public prosecutors, though this is not the case with the advocate lawyers. Besides, the official translation and publication of all the international instruments into Albanian is not available. And that is not all. No service relating to the indexation and updating of legislation in electronic format is in place. Given all its efforts, the Official Publications Centre (and others) has not been able to virtually produce such a service, which in an updated form should reflect the changes in legislation, indexed according to topical themes, so that they may used easily by those concerned. It is found out that translations of the texts of Conventions leave much to be desired, and lead to confusion in terms of terminology. 3. Laws in force Despite the frequent reforms of the Albanian legislation, no regulation or specific law yet provides for a singular punishment of domestic violence. This means that provisions punishing violence and violent acts are not in place, overall. However, in the situation where there is lack of a law or specific provisions, the justice system reacts towards violence perpetrated in the family by enforcing those provisions and means prescribing punishment of violent actions overall. This is neither effective nor fair. Current laws provide for several legal sanctions for the purpose of guaranteeing protection from violence, in general. However, these norms are very limited, incomprehensive and inefficient in prevention, victims' protection, investigation, legal proceedings and 30 See the National Plan for the appoximation of the national legislation to the European Union legislation, and the implementation of the SAA. Republic of Albania. Council of Ministers. Tirana 2005. pp. 89-109. 132 punishment of domestic violence perpetrators. The current legislation is lacking in a definition of domestic violence, and an adequate definition of the circle of persons who, in this context, will be considered household members. The definition of domestic violence should render it clear that this is a specific form of gender-based violence. It would be advisable that the definition of gender-based violence, prevalent in the international instruments, be used in this context. It is absolutely incomprehensive if extent of violence is limited to married persons only (as is the case with the Family Code). Hence, care should be made that the extent of violence and the circle of the persons respond to the extent of the problem. Narrow definitions of the nature of domestic violence should be in place, given that it includes both physical violence as well as sexual, psychological and economic violence, which is not reflected in the law, thus depriving the victims of the appropriate protection. An analysis of the legal framework reveals that: Domestic violence is not addressed as a separate criminal offence in the Criminal Code. The Criminal Code does not draw a distinction between the acts perpetrated by a household member and those committed by other persons. This leads to the victim and perpetrator being handled in a non-specific context, which is dictated by the relationship between them. The said legislation does not provide for an adequate definition of the circle of persons considered as household members, and this raises obstacles also in the application of the aggravating circumstances. The data obtained from a study of the court decisions highlight the fact that sexual violence is a phenomenon widespread in the family.31 However, the Criminal Code does not contain a specific provision sanctioning punishment of sexual violence within a marriage. The criminal sanctions on safety and supplementary punishments do not include such a sanction as: ―the temporary going away from the conjugal home and the temporary suspension/removal of parental responsibility.‖ Perpetrators of criminal contraventions relating to forms of domestic violence are currently liable to fine. For preventive effects it would be advisable that they be liable to imprisonment (ranging from several days to several months). International experience has shown that the effects of imprisonment are more effective than punishment by fine. Punishment is an indicator of the importance the State and the society attach to a given relationship. Because the impact on the victim and the perpetrator, and the social message put across is more significant. In terms of minors' physical ill treatment, it is found out that the Criminal Code does not prescribe figures of specific criminal offences, including abuse of rehabilitation and discipline tools, and children's ill treatment.32 The Criminal Code contains no specific norms as regards psychological abuse. And cases involving psychological abuse are fraught with grave consequences for the children. They include psychological disturbances and the forms of infantile depression. No norm in the Criminal Code refers to assisted violence, which implies any act of physical, verbal, psychological, sexual and 31 CLCI, ―For as an effective enforcement of legislation as possible...,‖ p. 32. 32 These parts have been extracted from the legislations of other countries, eg. Articles 571-572 of the Italian Criminal Code. 133 economic violence administered against subjects who are immediate points of reference for children in the presence of children. The Criminal Code and the Criminal Procedure Code do not contain alternatives to the measure of detention and supplementary punishment concerning the "temporary suspension and removal of parental responsibility" for the abusing parents. The Albanian legislation does not provide for specific sanctions that are available for the purpose of the protection of children from any violence to which they are exposed in the course of the conflict, and which may seriously affect their self-respect. Victims' children should have access to specialised assistance, including rehabilitation, assistance in the care taken of them, and support. Violence to the elderly assumes the form of violation of the right to care and assistance, and is materialised in the form of physical, psychological and economic violence. Overall, the provisions contained in the Albanian criminal legislation do not specifically refer to the protection of the third age. They are addressed in the overall legislative framework. The non-specific addressing of domestic violence is also perceived in the Criminal Procedure Code. Hence, it is evident that the criminal procedure legislation does not allow third parties to initiate criminal proceedings, recognising this as a right of the victim (the affected plaintiff) only. In the meantime, in a way the latter (victims) back away from initiating criminal proceedings against their relatives. Hence, an analysis of the court decisions indicates that the largest part of the terminated cases, with the charge being battering and light wounding, is attributable to the withdrawal of complaint by the affected plaintiff. (CLCI, ―For as an effective enforcement of legislation as possible...,‖ pp. 18-40). Reporting of violence by the parents or other household members against children, as well as reporting of violence administered against elderly persons, are almost inexistent. The burden of proof of exercise of domestic violence is the same as the burden of proof required to prove commission of any other criminal offence. The same requirements apply regarding the process of producing evidence. Not only are the provisions on damages contained in the Civil Code not enforced in an effective way, but they refrain from specifically referring to the damage caused through domestic violence, thus addressing this issue in an overall manner. They refrain from addressing the victims' right to the compensation they are entitled to because of the damage suffered (physical, psychological, moral and social), including trial expenses, as well. Rare cases involving filing of a civil lawsuit within the criminal process are registered. The reason behind this is that both the defence lawyers and, moreover, the victims have incomplete and unclear knowledge. Under the Family Code, the spouse against whom violence is administered is entitled to turning to the court with a request for immediately taking the measure of sending the violent spouse away from the conjugal home (Article 62). Hence, it is found out that there is no talk of domestic violence in a broad sense, i.e. the domestic violence that affects those sharing a family life and called household members, but of violence against spouses. This context does not apply to the case of cohabitation and the complexity of individuals and family relations. The Family Code does not fully cover the 134 application of the protection measure in the event of domestic violence. Protection is difficult to be provided with the perpetrator being left within the family environment. Whereas violence is an emergency situation calling for quick response. Perpetrator's immediate removal from home. While offering a leeway for protection in one more case, besides the possibilities that the criminal legislation offers, Article 62 refrains from providing answers to a number of questions, including: How long will the measure last? How will the trial take place? What protection will be in place during this time that the measure has an effect on the victims of violence and the other household members? This demonstrates that the provisions need to accommodate arrangements of the civil procedural character. The Family Code does not provide for quick or simplified procedures if this cause of the violence is blamed for the divorce. In the meantime, the victim's life may be at risk. The same conclusion could be reached also in the event of provisions on the consequences of divorce on children when domestic violence is to be blamed for the divorce (this may call for the modification of the provisions on the exercise of parental responsibility and custody). Shortage of the effective legal mechanisms so as to oppose domestic violence is a serious hurdle in preventing the phenomenon. One single article in the Family Code is insufficient. Introduction of clear-cut procedural regulations, and expansion of the limit of power, particularly of the police, would facilitate the collection of evidence. The existence of legislative regulations determining the parameters of action for police officers and the public prosecutor, will be one more guarantee conducive to the victims' rights. What leaves much to be desired, and is frequently found out during the study of court decisions in cases involving divorce, is that, more often than not, recognition and claiming of these rights by the victims and their protection is of a very poor level. The Law on Advocacy does not explicitly stipulate free-of-charge legal aid to victims of domestic violence, which directly provides them with access to the justice system, and absence of qualified legal aid on account of the very specific character of these situations. The ex officio protection of the victims of domestic violence is not prescribed either in the criminal process or in the civil one. Even though Article 11/b provides for free-of- charge legal aid if the person protected or represented has no financial possibilities, the provision relates this to the cases where a defence lawyer is basically designated by the court or the public prosecutor's office, and hence, the provision may not provide for that service that should be guaranteed to the victims of domestic violence, irrespective of their economic status. 135
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