A/HRC/42/4/Add.1
(f)
Recommendation 95.119:
• Persons belonging to national minorities, in self-government units where they
live traditionally or in substantial numbers, are ensured opportunities to be
taught in or to receive instructions in their minority language. Law on
national minorities and the secondary legislation provides for the right to
education in the minority language. The secondary legislation on the
adoption of this law, namely the project Council of Ministers Decision on the
criteria for determining the local self-governing unit, the substantial number
and the adequate requests in order to the possibility to learn or to take lessons
in the minority language, scheduled to be adopted soon, provides the criteria
for the opening of national minority classes/schools. This project decision
foresees the number of 15 pupils for the opening of a minority class, and
other criteria where national minorities live traditionally or constitute over
20% of the general number of the population of this administrative unit.
(g)
Recommendations 95.174:
• The Family Code of Albania (Article 7 – Age for marriage) provide the legal
age of marriage, namely: “Marriage can be concluded between a man and a
woman who are 18 years or older. The court in the location where the
marriage is to be concluded may, for sufficient reasons, allow marriage prior
to this age”.
(h)
Recommendations 95.184:
• The law on national minorities was adopted recently in October 2017. The
law on national minorities provides the right to declare his or her pertaining
to a national minority, based on the right of self-identification. It is equally
clear that under applicable European standards as embodied in Article 3 of
the FCNM it is important to clearly define the objective criteria and
documentation of Civil Registry during different period of time and their
relevance, based on the law on national minorities.
• Persons belonging to national minorities, based on the right of selfidentification, can declare his/her belonging to a national minority during the
general census of the population in the Republic of Albania.
• In relation with self- identification the law on national minorities provide
that: 1. In order to guarantee the rights of national minorities, the public
institutions at central and local level shall collect data regarding the
identification of persons belonging to national minorities, based on the right
to self-identification of such persons and the documentation of the Civil
Registry, pursuant to provisions of this Law and law on the protection of
personal data. The draft decision on the criteria, the documentation and the
relevant procedures for data collection, is scheduled to be adopted soon by
decision of the Council of Ministers, following a consultation process.
(i)
Recommendations 95.186:
• The next Population and Housing Census foresee to be conduct in 2020, will
be based on a new specific law. Regarding the question on ethnicity, the draft
law on the Population and Housing Census is in conformity with the principle
of the self –identification and the right to a person belonging to a national
minority to freely choose to be treated or not to be treated as such, in
accordance with the law on national minorities, as well international
standards.
• The draft law on census provides: 1. The census questionnaire is the
instrument drafted by INSTAT and reflected in the annual plan, according to
Article 9 of Law No.17 / 2018, "On official statistics", which contains
mandatory questions and requests for the collection of the information
necessary for the production of population and housing official statistics. The
census questionnaire may contain questions about the ethnic group, religion
and languages whose responses are based on the free and non-mandatory
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