Homosexuality as a term is used to depict people who choose sexual dealingss and romantic fond regards with another individual of the same sex. This is non a new behaviour, it has been around for 1000s of old ages, and for 1000s of old ages it has been considered as a phenomenon that went against the societal “ norm ” . But is it iniquitous or is it merely another manner of showing human fondness? Should they have equal rights in matrimony and in taking their spouse or should this be banned? These are merely some inquiries that give replies non everyone agrees on.
In today ‘s Kosovar society homosexual rights are one of the most controversial issues. Homosexuals are treated as a different strain and homosexualism as an immoral human status. They are unable to populate a normal life and are invariably unlawfully violated. They are discriminated because of their sexual orientation and the huge bulk of them are forced to populate a secret life as indicated by many beginnings. ( A’Mula )
Although our fundamental law warrants equal rights for everyone regardless of their nationality, race, gender or sexual orientation ( Article 24, Sec. 2 ) , homophiles in existent life Kosovo face a batch of inequalities and bias. The thought of homosexualism is typically a tabu for many faiths, particularly Islam and Christianity and many people believe that homosexualism is a disease or warp of some persons. ( “ Survey on the Attitudes of the Kosovar Society Towards Homosexuality. ” ) On the other manus there are others that strongly oppose this ; they argue that every individual in this universe has a birth right to populate and be happy as they see fit and should hold equal rights protected by jurisprudence to make so. This is a truly complex moral issue and is non easy cover with by the authorities, particularly when faced with conservative societies and head sets like our ain.
Treatment of sexual minorities in Kosovo
In Kosovo a great argument over the issue of homosexualism has been raised merely late. This was chiefly provoked by the activities of LGBT organisations to advance cheery rights ; largely after the incidents that took topographic point in Prishtina on December 2012. These incidents were closely related with the publicity of Kosovo 2.0 magazine approaching figure. As this figure of the magazine was focused on sex and gender, members of cardinal and extremist motions claimed that it was advancing homosexualism. ( Jeta ne Kosove: Toleranca e Orientimit Seksual ) This led to a figure of back-to-back violent incidents towards the LGBT community where the constabulary force had to step in.
“ Prime Minister Hashim Thaci, Human Rights Ombudsperson Sami Kurteshi, Deputy Foreign Minister Petrit Selimi, the OSCE, the U.S. Embassy and others have issued statements reprobating the onslaughts “ ( Darby, par. 3 ) , but small has been done since so and there were n’t any apprehensions made harmonizing to Besa Luci Editor in Chief at Kosovo 2.0 magazine. The same was stated by representatives of the LGBT organisation Libertas in the interview conducted. They said that they instantly reported the force that occurred in the premises of Libertas Kosovo on December 2012 to the constabulary but there are n’t any concrete consequences up until now.
“ The authorities should be utilizing these events to raise consciousness about the rights of LGBT community, we ca n’t anticipate them to get rid of homophobia over dark ; but they do hold an duty to advance regard for human rights. ” Besa Luci added when asked about the violent events that took topographic point on December 2012.
These attitudes toward the LGBT community were driven largely by deep-rooted roots of bias and stereotypes that are created within Kosovar society. The first study made by Libertas Kosovo sing the place of Kosovo population about homosexualism shows that public sentiment in relation with this peculiar issue is still significantly homophobic. As this study indicates, factors that have influenced the outlook of the people are the deficiency of information and arguments on the topic ; tradition and faith are besides two factors that have a great influence on attitudes in relation to homosexualism. ( “ Survey on the Attitudes of the Kosovar Society Towards Homosexuality. ” )
The research conducted by Libertas Kosovo has recognized a broad scope of negative sentiments on homosexualism, from those who believe that homosexualism is a disease, to those who think that it presents a danger for the society. As a consequence of these attitudes many believe that homosexualism should be banned and even punished.
A tolerance toward homosexualism is noticed if it is merely limited to private lives and non made populace, as the bulk of people are opposed to the thought that they may socialise with a homosexual. Analysis that have come up of this study show that many hold the belief that the thought of protecting LGBT rights has been brought up by the West to destruct our households and values. ( see Table 1 )
Reconciliation WITH NEGATIVE CLAIMS TOWARD HOMOSEXUALS
1. Homosexuality is an unwellness
2. Homosexuality endangers the society
3. I do n’t mind if a individual is gay in the private life
4. LGBT should be prohibited by jurisprudence and punishable
5. The thought of protecting LGBT has been created by the West to destruct
our household and tradition
6. Under no fortunes I will hang out with cheery / sapphic people
7. Marriages between two individuals of the same sex should non be allowed under any fortunes
Table “ Survey on the Attitudes of the Kosovar Society Towards Homosexuality. ”
Harmonizing to Simon Maljavac because of the fright of being discriminated, those belonging to LGBT community in most instances hide their sexual orientation non merely in the populace, but besides in their households. ( Gradari, par. 5 )
Although Kosovo Torahs ban favoritism toward sexual minorities, the widespread homophobia presents a immense job for right guardians in Kosovo to efficaciously carry through their work. ( Kosovo | Front Line, par. 4 ) And the fact that most members of LGBT community feel obligated to conceal their sexual penchants does non assist them. Members of LGBT community attempt to avoid the topic in public ; fearing the effects, they are afraid to contend for their rights publically, so most of the work of right guardians is done behind the scenes. Therefore, protracting the procedure of public consciousness on the issue.
Legislation in Kosovo prohibits favoritism
Legislations of a state are Torahs that are of import to the society. Kosovo ‘s fundamental law focuses on the protection of its persons therefore forbiding favoritism in all kinds. Sexual favoritism is one of the actions that are prohibited in Kosovo which besides has the jurisprudence of anti- favoritism. This jurisprudence bans favoritism on sexual orientation in topographic points such as employment, instruction, organisations, proviso of goods and services and entree to lodging. ( Refworld, 2011 ) . Kosovo ‘s fundamental law provinces that every person is equal before the jurisprudence and “ they should bask the right to equal legal protection without favoritism ” ( Kosovo ‘s Constitution, 2007 ) . However, many beginnings indicate that favoritism on sexual orientation still happens despite the fundamental law. The European Commission advancement on Kosovo provinces that “ the high degree of formal protection provided by jurisprudence has to be efficaciously implemented ” ( Refworld, 2011 ) . Furthermore, the centre for Social Group Development ( CSGD ) reported that because of cultural and traditional attitudes homosexuals and tribades have troubles in uncovering their sexual orientation. In a study made in 2008, 57 per centum of LGBT persons felt insecure and afraid of uncovering their sexual orientation ( U.S Department of State, 2011 ) . Victims by and large refused to let the centre to show their instances publically out of fright of favoritism. “ There were no open hindrances to the centre ‘s operation ; nevertheless, societal force per unit area and traditional attitudes had the consequence of restricting its activities ” ( U.S Department of State, 2011 ) .
The authorities of Kosovo supports the jurisprudence for sexual orientation which means there will be no favoritism among sexual minorities. However, in an interview with BIRN a interpreter for the authorities of Kosovo said “ the issue of LGBT rights is non relevant in Kosovo ‘s societal context. It does non be as a primary, secondary or third issue to concentrate on ” ( Refworld, 2011 ) . However, favoritism against homophiles does go on in Kosovo and there have been some studies on physical force. Kosovo constabularies have stated that they offer LGBT the same rights and security as they do to every Kosovar citizen ( Refworld, 2011 ) . Protections of homosexual rights in Kosovo are treated as unimportant and are non taken earnestly. Kosovo constabulary deficiencies on supplying security for homophiles and there have been many instances where menaces and favoritism on homophiles have non been taken earnestly by the constabulary. One instance was the deficiency of protection towards the manager of LGBT rights. The manager was threatened with decease nevertheless, protection for them was denied by the constabulary ( Refworld, 2011 ) . There was besides a instance were two homophiles were abused by the Kosovar constabularies because of their sexual orientation ( Refworld, 2011 ) . Many instances go oning in Kosovo clearly explain the weak protection of the province and the society ‘s deficiency of consciousness towards the rights of LGBT.
Because of the favoritism of LGBT ‘s, people are afraid to form groups in favour of LGBT ‘s. In Kosovo, there are some groups making merely limited activities and some of them are non even registered as an association since they are afraid of torment ( Refworld, 2011 ) . The CSGD is the lone LGBT rights organisation which was active since November 2011 ( Refworld, 2011 ) . CSGD has been working with the constabulary of Kosovo to seek and make consciousness of LGBT but they were n’t able to work together since the Government of Kosovo did n’t let the coaction between them without explicating the grounds ( Refworld, 2011 ) . Another organisation, the Elysium has stated that their organisations for homosexual rights have ne’er “ received fiscal support from the authorities ” ( Refworld, 2011 ) .
To implement LGBT rights is an inducement for Kosovo since it is one of the demands for bein a member of the European Union ( EU ) . These inducements are a impulsive force for us to protect LGBT ‘s therefore being closer to the EU.
Comparison with Germany
Germany ‘s tribunal has strengthened homosexuals rights by claiming that they are able to follow their spouse ‘s stepchild or adopted kid because until so they were able to merely follow their biological kid ( Huffpost Gay Voices, 2013 ) . They called this action as a “ historic measure ” for Germany ( Huffpost Gay Voices, 2013 ) . This happened harmonizing to a instance of a adult female desiring to follow a Bulgarian miss that was adopted by her spouse but her instance was rejected. In add-on, the authorities is coming up with a new statute law by June 2014 ( Huffpost Gay Voices, 2013 ) . Since 2001 Germany has allowed cheery people to register civil partnership ; but unlike many other states such as Spain, France, Netherlands, and Britain it does n’t let cheery matrimony yet ( Huffpost Gay Voices, 2013 ) . In the German fundamental law it is said that “ ” matrimony and the household shall bask the particular protection of the province, ” can non be used to warrant governing out same-sex spouses following the other spouse ‘s adopted kid. ” ( Huffpost Gay Voices, 2013 ) .
Psychologist ‘s and Psychological perceptual experience
Harmonizing to Profesor Berxulli, Psychologist, believes that people in Kosova dot non desire to accept the Gay Marriage because this “ construct ” has in its ain besides the appraisal that adult male homophiles are less acceptable from the society compared to the adult female. This is an index which tells that our society suffers from the syndrome called “ adult male sole individuality ” . This syndrome dainties males as the lone and best “ authorized ” people that greatly represent the values of the society, and a different representation of adult male, in this instance “ cheery matrimony ” is non considered moral value. However, in this instance people are non merely undervaluing the “ Homosexuals ” but they are besides underestimating Womans in general.
There are many instances where society is non against practising homosexualism ; nevertheless, they are against advancing it in the populace and demoing it as a “ normal ” behaviour. Harmonizing to a study on Defending Moral Values says that, “ In the name of the “ household, ” same-sex “ matrimony ” serves to formalize non merely such brotherhoods but the whole homosexual life style in all its bisexual and transgender discrepancies ( 5 ) ” . Thus, people fear that homosexualism is going as an influencing form or behaviour, and by this they are even determining the people ‘s life and perceptual experiences related to this emerging behaviour. Therefore, in the study is stated that “ Legal acknowledgment of same-sex “ matrimony ” would needfully befog certain basic moral values, devalue traditional matrimony, and weaken public morality ( 5 ) ” . Therefore, what people fear the most is that by cheery matrimony publicity, the society would lose the traditional matrimonies since they may see it as an attractive thing and so people will go on practising it and burying about traditional ways of matrimonies and besides losing proper household creative activity.
Doctor ‘s point of View sing Gay Marriage
There is another interesting point that many people do non cognize or sometimes do non desire to cognize. From the physician ‘s point of position homosexuality is non the willingness of a individual to make so ; nevertheless, there are some biological upsets that initiate this procedure. Harmonizing to the physician Jennifer Abasi, “ Gayness may non be in our cistrons, but in the molecules that regulate them. New research suggests that epigenetic factors — chemical “ switches ” attached to cistrons that turn them on or off — are a more plausible heritable mechanism behind homosexualism than DNA itself ( Science and Health, 2 ) ” . Then we come to the inquiry that if homosexuality is an unwellness or a biological upset, should the society be a spot calmer, acceptable, and apprehensible or should still endorse up the old “ believes ” . People ‘s judgements are influenced by many factors that he/she went through while coming to a decision. We as a society many clip make judgements merely based on other people ‘s sentiments, without even halting and believing for an issue on our ain. There are many instances where if a individual is asked why he/she is against cheery matrimony, there could be no stronger statements instead than “ I do n’t cognize, but I do n’t wish ” .
Religious positions on Homosexuality
The three chief spiritual in Kosovo Islam, Catholicism and Orthodoxy consider an attractive force of a individual to the same sexual attractive force as a awful wickedness.
In Islam faith, there are two chief beginnings of information which form the boundaries of what is allowed to make or non: The Qur’an, the holy Hagiographas revealed by God to the prophesier Muhammad, and the Hadith, a aggregation of expressions of prophesier Muhammad. There are five mentions in Qur’an mentioning to the homosexualism as a out action. “ We besides sent Lut: He said to his people: “ Do ye perpetrate obscenity such as no people in creative activity ( of all time ) committed before you? For ye pattern your lecherousnesss on work forces in penchant to adult females: ye are so a people offending beyond bounds. ” Qur’an 7:80-81 ” ” It is considered by many Islamic bookmans that homosexualism started to be practiced on the clip of prophesier Lut and the effects of such an action are described in the sanctum Qu’ran with painful devastation.
Harmonizing to many bookmans in Islam, homosexualism is non something you are born with but instead it is an action taken by the individual who has “ fed his ideas and feelings ” during his life-time with that issue. One of the chief frights is that leting homophiles to execute their actions publically would indirectly hold an impact what sexual orientation would my kids choose in the nearest hereafter.
Kosovo it ‘s non the lone homophobic society in Europe, and sing the phases we as a state are in it is apprehensible that people might cleaving to the old thoughts and beliefs. It takes clip to brake barriers. It is notable that even in the democratic states with the most broad societies, homosexualism is still treated with a note of uncertainty and lower status. Great stairss were made toward liberalisation internationally, but still much work is left to be done.
Homosexuality is non shortcoming of the so mentioned autonomy, nor a effect of modernisation. We all should larn to accommodate to new thoughts and get down to accept minorities as portion of our society, as our peers.
If liberty means allowing people act freely until the minute they violate person else ‘s rights, so whose rights is Gay Marriage go againsting? Or maybe it means that Gay Marriage violates society ‘s norms or tradition or people merely do non desire to endorse up this thought. Therefore, there are some instances where people do non accept cheery matrimony with the statement that they do non desire their kids to be influenced from such behaviours.