Joint Submission to the Human Rights Council

33 The Instruction is published in the Official Gazette no 87 dated 21.06.2023, “On the documentation and procedure for the application, evaluation, approval, and refusal of the request for the declaration of the stateless status” by Article 102 point 4 of the Albania Constitution and Article 54, Article 3 of the Law on Aliens, no 79/2021. [...] Very often they are unable to return to the country where their children were born to resolve the issue, so there is a higher risk of statelessness among these children.46 45 The repercussions of a fictitious marriage encompass detrimental effects on the rights and interests of the women involved, the welfare of children born within these unions that are at risk of statelessness, and the undue bur. [...] The Commissioner against Discrimination is mandated to promote and protect human rights and continue to enjoy the trust of national minorities and the respect of the authorities. [...] The authorities should take a more active role in investigating and addressing the impact of fictitious marriages, in particular on women and children belonging to national minorities, including through providing the necessary social, legal, and financial support to them, ensure that the marriage law is adequately enforced in a non-discriminatory way, and raise awareness of the risks of this proce. [...] The Tirana Legal Aid Society (TLAS) is an independent non-profit organization dedicated to fulfilling the social and legal needs of the most vulnerable people through education and awareness-raising of Albanian society regarding the rule of law and human rights, the promotion of improvements in Albanian legislation, and the strengthening of democracy in Albania.