Recognition of same-sex unions in Kosovo

Despite not being a member state of the Council of Europe, Kosovo is de facto under the jurisdiction of the European Convention on Human Rights (ECHR).

[2] The ECHR has ruled, with respect to Romania in Buhuceanu and Others, Russia in Fedotova and Others, Bulgaria in Koilova and Babulkova, Ukraine in Maymulakhin and Markiv, and Poland in Przybyszewska and Others, that Article 8 of the European Convention on Human Rights, which guarantees a right to private and family life, places a positive obligation on all member states to recognize same-sex partnerships.

[9][10] "Kosovo will make an effort to soon become the second country in the Western Balkans, after Montenegro, which guarantees its citizens the right to a same-sex life partnership.

[12] Hasani based his reasoning on Article 24(2) of the Constitution of Kosovo, which states that "no one shall be discriminated against on grounds of race, color, gender, language, religion, political or other opinion, national or social origin, relation to any community, property, economic and social condition, sexual orientation, birth, disability or other personal status."

[b]Article 14 of the Law on Family (Albanian: Ligji për familjen;[16] Serbian: Закон о породици, Zakon o porodici) defines marriage as a "legally registered community of two persons of different sexes," though LGBT activists have argued that this wording contradicts Article 24 of the Constitution and have called on same-sex couples to challenge the law in court.