The Albanian state’s responsibility for prosecuting perpetrators of violence against women and girls in practice

Rape of women and girls constitutes one of the most serious violations of human rights and a deep social problem in Albania. The Albanian state, as the guarantor of fundamental rights, has the legal, institutional and moral responsibility to prosecute perpetrators of violence and to protect victims. This paper aims to analyze in a concise manner the fulfillment of this responsibility, within the framework of Albania’s constitutional and international obligations, in particular under the Istanbul Convention and the jurisprudence of the European Court of Human Rights. Although positive legal steps have been taken, such as the adoption of the law on measures against violence in domestic relationships and the establishment of protective structures, challenges remain. Practical cases show shortcomings in the investigation, lack of inter-institutional coordination, poor implementation of protection orders and inadequate punishments for perpetrators. These failures constitute a violation of the state’s “procedural duty” to protect the life and dignity of women. In conclusion, the need for strengthening institutional capacities, rigorous law enforcement and increasing social awareness is underlined to effectively combat gender-based violence in Albania. The state has the obligation to act decisively to prevent and combat this form of violence.