Imagine trying to measure a problem the system can’t even label. That’s roughly what two Albanian researchers ran into when they went looking for LGBTI+ cases in the country’s justice system.

The short version

  • The study: Mes njohjes dhe padukshmërisë ligjore (“Between legal recognition and invisibility”), by Sanela Lilaj and Dea Nini, published with support from Aleanca LGBTI and funded by the European Union and the EuroCentralAsian Lesbian* Community, Reporter.al reported.
  • What they found: 45 legal acts in total. 39 were decisions by the Commissioner for Protection from Discrimination. Only five came from the courts.
  • Why cases fail: Procedural formalism, meaning cases thrown out on technicalities before anyone looks at what actually happened. Nini said 40% of the cases they reviewed fell into that category.
  • The bigger problem: Albania’s court systems can’t systematically identify cases linked to sexual orientation, gender identity or expression, or sex characteristics.

Five cases, in a whole country

The headline number is the gap between five and 39. When LGBTI+ Albanians do seek justice, it overwhelmingly happens at the equality body, not in court.

Part of that may be choice. The Commissioner is a less formal route. But the researchers also hit a wall on data: even when they identified cases outside the court system, the authors said courts struggled to provide the information they asked for. Court information systems simply aren’t set up to flag cases that involve LGBTI+ people. If no one can find the cases, no one can track whether the law works.

Lost on technicalities

The study’s most common finding was procedural formalism: complaints closing on procedure before a judge or decision-maker weighs the facts. Nini told the presentation audience that 40% of the cases they reviewed ended up there.

The authors flagged two other patterns:

  • European law as decoration. Judgments from the European Court of Human Rights are often cited to give a ruling a formal framework, rather than actually used to expand protection.
  • A narrow lens. Legal rules tend to be read through a heterosexual and cisgender default, and gaps in legislation often leave LGBTI+ issues without an answer at all.

That last point fits what Albanian groups have said for years. Albania doesn’t legally recognise same-sex couples or trans women’s gender identity, as an Aleanca LGBTI and ERA report noted in March. When the law has a hole, a narrow reading tends to fall straight through it.

The one case that went further

The study does highlight a decision that pushed past the minimum: Nayara Ferreira v. the Albanian Volleyball Federation.

Ferreira, a Brazilian player, was suspended in late 2025 after rival clubs questioned her gender, Reuters reported at the time. The Commissioner found discrimination based on sex characteristics and gender identity. It also told the federation to draw up a dedicated procedure for cases like this.

The catch: according to Reporter.al, the decision still hadn’t been implemented, and the federation had appealed in court. Even a strong ruling depends on someone carrying it out.

The Commissioner’s response

The study was presented to civil society groups and to the Commissioner for Protection from Discrimination, Genta Tafa Bungo. She called the meeting “a very necessary space for dialogue” and said that “the implementation of law is a living process,” according to Reporter.al.

That’s a door left open, not a commitment. The study’s practical asks are clear from its findings: courts need a structured way to record and find these cases, and decision-makers need to engage with the substance and the European case law, not just cite it.

Why this matters beyond the courtroom

Silence starts long before a case is filed. The March report by Aleanca LGBTI and ERA found that 90% of LGBTI+ people in Albania don’t report the violence or discrimination they experience, and only 11.6% of cases are reported. People who expect the system to fail them don’t use it. A system that can’t even count their cases gives them little reason to change their minds.

There is a route that works more often than courts: the Commissioner. If something has happened to you, our guide to reporting hate crimes and finding support in Albania walks through your options.

Sources: Reporter.al / BIRN Albania (Oct 9, 2026); Reporter.al (Mar 26, 2026); Reuters via The Star (Nov 7, 2025). Quotes translated from Albanian by TrueQueer. Photo: Adventure Albania / Unsplash.