Discrimination against Women (CEDAW) 11 , both acceded to in 1993, and the UN
Convention on the Rights of Persons with Disabilities (CRPD), acceded to in 201212.
14. The obligations of Albania under these treaties include minority rights, statelessness
prevention and reduction, notably through documentation and birth registration of all.
For example, Article 7 of the Convention on the Rights of the Child obligates states to
register every child immediately after birth and to ensure that no child is left stateless.
Similarly, Article 5(d)(iii) of the Convention on the Elimination of All Forms of Racial
Discrimination prohibits racial and ethnic discrimination in relation to the right to
nationality. Consequently, these treaty bodies are relevant mechanisms in ensuring that
Albania upholds its obligations under international law.
15. Lastly, since 1996, Albania has been party to the 1950 European Convention for the
Protection of Human Rights and Fundamental Freedoms (ECHR).13 Since 2002, Albania has
also been party to the 1997 European Convention on Nationality (ECN).14 However, it has
not acceded to the 2006 Convention of the Council of Europe on the Avoidance of
Statelessness in Relation to State Succession.
16. The Albanian Constitution provides for the hierarchy, status and effect of legal norms. In
particular, Article 4/2 declares that “the Constitution is the highest law in the Republic of
Albania.” Article 116 of the Constitution reflects the hierarchy of legal norms by providing
that “normative acts that are effective in the entire territory of the Republic of Albania
are: a. the Constitution; b. ratified international agreements; c. laws; d. normative acts of
the Council of Ministers.” Therefore, International agreements are second only to the
Constitution in the ranking of norms, and ratified international treaties have direct effect
in Albania.
17. Article 122 of the Albanian Constitution emphases this principle by providing that
international agreements, ratified by law, prevail over incompatible laws of Albania.
18. Consequently, the aforementioned international treaties that Albania has acceded to, are
considered part of Albania’s legislation. Consequently, a number of important
international legal safeguards against statelessness are subject to direct application in the
country.
11
Law no. 7767, date 9.11.1993, “On the adherence of the Republic of Albania to the Convention on the Elimination
of all Forms of Discrimination Against Women”.
12
Law no. 108/2012, date 15.11.2012, “On the ratification of the UN’s Convention on the Rights of Persons with
Disabilities”.
13
Law no. 8137, date 31.7.1996, “On the Ratification of the European Convention on Human Rights”.
14
Law no. 8942, date 19.9.2002, “On the ratification of the European Convention on Nationality”.
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