ADDRESS OF THE CHIEF JUSTICE OF THE SUPREME COURT OF ALBANIA
MRS. Shpresa BEÇAJ
Honorable Participants and Colleagues
Dear Students
Ladies and Gentlemen
It is a pleasure to address the 9th International Conference of Chief Justices of the World as a Guest of Honor on behalf of a lawmaking and law-implementing South European country, the Republic of Albania.
I address this Conference on children’s rights, as the Chief Justice of the Supreme Court of Albania, and as a mother who has raised and educated two children, giving her modest contribution to this sublime issue.
In addition, I would like to address a special acknowledgment to the organizers of this Conference, particularly to the students of the City Montessori School.
I have the pleasure to hold this international address in India, country of the Nobel price winner and saint, with international notoriety, Mother Theresa. She was born in Albania, lived in India, and dedicated all her life and work to the Indian population and people in need all around the world, turning herself in an international personality with high spiritual and social values. This extraordinary Lady is a bridge connecting our countries, Albania and India, is a symbol of many mothers in the protection of the most innocent human beings, children, is a global symbol of humanity and peace in the world.
I would like to quote her words in front of the pressmen on the occasion of receiving the Nobel price:
“By blood and origin I am Albanian. My citizenship is Indian. I am a Catholic nun. As to my calling, I belong to the whole world.... ”
Albania is a country in which the legislation is going under a reforming process, with the final goal the approximation with the Directives of the European Union. The most relevant legal reforms at present include:
• The total legislative reform and the partial constitutional reform: The Parliament has enacted dozens of new laws in different fields of public administration, where in particular are included the protection and safeguarding of children, making their health and education a priority. The new Family Code has been approved, and some provisions of the Civil Code have been amended.
• Economic Reform: The Government is emphasizing the transformation of the economic legislation on European bases.
• Administrative Reform: The reforms are focused on civil service, structure and functioning of the central and local administration, and administrative procedures.
Emphasizing the main social goal of the Albanian State for the protection of children, the Constitution of the Republic of Albania, on Part IV the Economic, Social and Cultural Liberties and Rights, foresees in Article 54:
1. Children, the young, pregnant women and new mothers have the right to special protection by the state.
2. Children born out of wedlock have equal rights with those born within marriage.
3. Every child has the right to be protected from violence, ill treatment, exploitation and their use for work, especially under the minimum age for work, which could damage their health and morals or endanger their life or normal development.
From this constitutive Law all the other laws derive, such as the Family Code, Civil Code, Penal Code and Labor Code, and many other legal and sub-legal acts, which guarantee through their enforcement the protection of the rights of Albanian children.
The Albanian State has been vigilant to improve the laws and sub-legal acts, in this field continually, to make them in accordance with the standards of the European Union and the UN Conventions, to which we are a State Party.
In February 1992 the Parliament of Albania ratified the Convention on the Rights of the Child, which entered into force in March 1992, expressing the absolute will of the Albanian Legislator to be closely linked to the provisions and principals of this Convention, and to respond to the international community in case of infringements.
- Based on this Convention, the Family Code of the Republic of Albania foresees the principle of “ the high interest of the child”, which is taken into consideration in all the judgments that are based on this Law such as divorces, custody of children for growth and education, adoption, guardianship and so forth
- Another compelling principle to be implemented in our Laws is “nondiscrimination against children”. The Labor Code of the Republic of Albania has established the minimum age of employment and nondiscrimination of children at work, and it strongly prohibits the employment of minors, empowering the Albanian Government with the duty to determine by decision the range of light work that is allowed for children, medical checks during work and other social precautions.
- The Criminal Code of the Republic of Albania provides for the defense of minors in court through professional attorneys paid for by the State, reduction of sentences by half, exceptions from the sentencing of minors and other protections for minors. According to the Code, the trafficking of a minor is a crime.
It is important to emphasize that article 12 of the UN Convention, which establishes the right of children to be heard, is one of the core principles of our civil and penal legislation.
Our Country not only has sanctioned by law the principles of the Convention on the rights of children by establishing the necessary mechanisms for the protection and promotion of their rights, but has also shown an interest in them and is taking constant measures for their implementation.
The strengthening of the laws in this direction, and the efforts that the body of judges should make to the legislators in order for all the enacted laws to protect children, is a priority of our work.
All the Albanian legal authorities, doctors, teachers, religious leaders, media and not-for-profit organizations are gathered with our legislators in the enforcement of these laws.
By being careful and conscious about the future of the children of our nation and those around the world, we raise our voice not only for assuring their protection, but also for reporting and condemning cases when these innocent human beings are made the subject of violence and abuses or are even subject to crimes against humanity.
As you may see the Albanian society has also emphasized safeguarding the life, health, nutrition, education, employment of children and the protection of their rights thoroughly.
Another priority is cooperation with non-for-profit organizations and awakening the conscience of society to be careful for children’s rights. Many not-for-profit organizations have adhered to this safeguard in not allowing abuses against children, in order that every criminal offence against them is brought to light and prevented.
In Albania, the blood feud is still a problem in some parts of the country. Even if the number of immobilized children is small, around 150 children, with the help of a not-for-profit organization “Per Pajtimin e Gjaqeve” (On conciliating blood feuds), a petition has been made, addressed to the Ministry of Education, with the request that these children should not be deprived of their right to education. It has been achieved to ensure elementary education at home for these children.
In my opinion, no particular formula exists on how to implement specific measures in the protection of children. Each nation has its own problems, and in defining these problems the nation should try to develop and take effective measures to fight the phenomena that these problems can bring. I am of the opinion that the consciousness of the population and of each of the government, the legislators and the not-for-profit organization must be awakened, in order to achieve the coordination of a plan to fight these problems with laws and rigorous preventive measures.
Many things remain to be done. There is much work requiring better investment for the future. Who invests in the future of the children has made the best possible investment for the future of his nation.
From this perspective, we recommend and strongly support increasing and strengthening of the role of the United Nations and other international organizations to increase the level of children’s protection.
We strongly support each national and international court, including the International Court of Justice, to process any conflict which may violate the rights of children, provided that the procedures and decisions do not conflict with our Constitution and Laws.
Albania is a country with a relatively young population. The total number of the population is 3.3 million, of which one third are children.
In our nation the children and the youth are compared with “flowers”. They are the “flowers” of any nation, the “flowers” of life. By joining our voice in your powerful chorus, we would like to give our contribution in order that the “flowers of life” shall only flourish.
I would like to end this speech by quoting once again Mother Theresa, in one of her famous phrases:
“The child is God's gift to the family. Each child is created in the special image and likeness of God for greater things; to love and to be loved”
Thank You!