No gender recognition provisions: 0/10 | There are laws and provisions, but with legal/medical/psychological approval: 5/10 | There are laws for self-determination, but only for those over 16 years of age: 7,5/10 | There are laws on gender self-determination, including those under 16 years of age: 10/10
There are no legal gender recognition (LGR) procedures in place in Kosovo. A number of trans people have been able to have their legal gender changed through court cases, but there is no law in place to guarantee consistent practice. In 2019, a Court in Kosovo, for the first time, allowed LGR without requiring evidence for surgical intervention or any other medical treatment.
In 2021, the Ministry of Internal Affairs established a Working Group to address issues related to the Law on Civil Registry, including legal gender recognition (LGR). That same year, the Working Group adopted a concept note outlining key reforms for LGR legislation. In 2022 and 2023, the Center for Social Groups Development (CSGD), an NGO working on LGBTQI rights in Kosovo, organised two three-day workshops with the Working Group to assess the existing law and identify necessary changes. These discussions produced clear recommendations aligned with the minimum standards for LGR as outlined in Council of Europe Resolution 2048. The proposed provisions in the Draft Civil Status Law include:
- Establishing quick, transparent, and accessible procedures for changing the name and registered sex of transgender people, based on self-determination.
- Ensuring access to these procedures regardless of age, medical status, financial situation, or criminal record.
- Abolishing requirements such as sterilisation, compulsory medical treatment, or mental health diagnoses.
- Removing restrictions that prevent transgender people from remaining in existing marriages following gender recognition, and safeguarding the rights of spouses and children.
- Prioritising the best interests of the child in all related decisions.
However, during the Plenary Session of the Kosovo Parliament on May 24, 2024, the draft law was rejected in its first reading, primarily due to opposition to its provisions on legal gender recognition. Conservative political parties and MPs with religious affiliations voiced strong objections, leading to the draft being sent back to the government for revision.
No information is available about policies or practices allowing trans students to use their correct name and gender in schools.
The government does not provide funding, nor actively works in partnership with NGOs in relation to education to support initiatives aimed at fostering inclusive educational environments and promoting the rights and well-being of LGBTQI learners.
