TIRANA, July 12 – The European Assistance Mission to the Albanian Justice System funded by the European Union, Euralius, has proposed the decriminalization of prostitution in Albania calling for the cancellation of two articles in the Criminal Code, sparking controversy in the conservative Albanian society. The proposal has been made as part of the justice reform package and the drafting of a new Criminal Code to bring Albanian legislation into harmony with existing EU laws. It also comes one after the country’s Constitutional Court turned down a request by the Supreme Court to decriminalize prostitution as discriminating against women.
Three months ago, Euralius consulted Albanian authorities about possible amendments to the Criminal Code, including juvenile justice, probation, the criminalization of internet crimes, suggesting that “a juvenile code and on the long run a misdemeanor code should become available” considering that Albania is facing the important justice reform.
In addition, Euralius called for better clarity in terms of definitions of crimes as well checking on the proportionality of the sentences to the seriousness of different types of crimes. “In this regard, some political decisions need to be taken. European States, as one example, currently discuss the punishment of prostitution and follow different models. Some states are more liberal in order to enable prostitutes to leave easily without fear of criminal sanctions and reduce punishment to forced prostitution scenarios, involvement of children and other severe cases. Art. 113 and 115 should disappear. However, as this might lead to a political discussion delaying the reform, this decision can be taken later,” Euralius said in a statement.
Under article 113 of the Criminal Code, prostitution in Albania is punishable by fines or up to three years of imprisonment. Furthermore, inducing prostitution, mediating or gaining from it is punishable by a fine or up to five years of imprisonment. In addition, managing, utilizing, financing, letting the premises for purposes of prostitution, is punishable by a fine or up to ten years of imprisonment.
Euralius justifies the proposal with the fact that organized crimes structures use punishment as a threat towards prostitutes not to leave.
“A huge number of European States do not punish prostitution as a crime, because they want to enable the prostitutes to be protected and to have an opportunity to leave the profession. European models go even far beyond decriminalization, such as Germany since 2001. Instead of being under prosecution, the European model grants social security and health insurance, provide legal security and enables them to qualify for another profession. This system fights also other criminal activities accompanying illegal prostitution.”
The Euralius proposal sparked controversy in Albania, especially among some conservative right-wing MPs.
Opposition Democratic Party MP Liliana Elmazi says decriminalizing prostitution is “too early for Albania, whose culture and traditions do not acknowledge prostitution as a profession.”
Other right wing MPs such as Luciano Boà§i have argued that these changes to the Criminal Code might have social consequences considering that the Albanian society is still conservative.
Opposition Republican Party head Fatmir Mediu has also suggested that the Albanian parliament cannot legalize prostitution as many other European countries have failed to do so and that the “values of Albanian people are not aligned to such amendments.”
However, the proposal has found some support among citizens who argue in favor of respecting human rights and believe that the changes will be a blow to criminal organizations and make Albania a country far more attractive for tourists.
According to a report by the Academic Journal of Interdisciplinary Studies, Albania was seen as a destination of exploitation for prostitution of women coming from other countries in Eastern Europe. An estimated 8,000 Albanian women are exploited for prostitution purposes in different European countries. A small number of women trafficked from Moldova, Romania and Ukraine are also exploited in Albania.
