CHILD RIGHTS SITUATION ANALYSIS

ALBANIA

Mirela Muca& Vilma Kolpeja

National Albanian Center for Social Studies

Almandina Guma & Elsa Osmani

SOS Children’s Villages, Albania

MARCH, 2009
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ACRONYMS

AAC Albanian Adoption Committee

AiBi Amici dei Bambini
CRC Convention on the Rights of the Child
CRCA Children’s Right Center of Albania
CPU Child Protection Unit
DCM Decision of Council of Ministers
INSTATNational Institute of Statistics
IAS International Association for Solidarity
LSMS Living Standard Measurement Survey
MLSAEO Ministry of Labor, Social Affairs, and Equal Opportunities
MSE Ministry of Science and Education
MCYS Ministry of Culture, Youth, and Sports
MH Ministry of Health
MJ Ministry of Justice
MICS Multiple Indicator Cluster Survey
NGO Non Governmental Organization
SSS Social State Service
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Table of content Page

Executive Summary…………………………………………………………………. 4

1. Introduction……………………………………………………………………….. 5
1.1 Analysis team
1.2 Methodology

2. Basic Country Information………………………………………………………... 6

3. Profile of children at risk………………………………………………………….. 7

3.1 Children without parental care
3.2 Children at risk of losing parental care

4. Overview of violations of children’s rights………………………………………. 10

4.1 Non discrimination
4.2 Survival and Development
4.3 Protection
4.4 Participation
4.5Rights of children in families at risk

5. Responsibilities of Duty Bearers…………………………………………………..22

5.1 Strategies and policies

6. Regions in need ……………………………………………………………………28

7. Conclusions……………………………………………………………………….. 28

7.1Recommendations………………………………………………………...29

8. Bibliography………………………………………………………………………..30

List of tables and graphics…………………………………………… 31

1.1 Consultation with stakeholders
1.2 Analysis of historical background of children in SOS CV Tirana 2004-2008
1.3 Reasons behind placement, SSS 2004 data
1.4 Child abandonment and young mothers
1.5 Children in care 1998-2005
1.6 Data on child rights violation from families at risk
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EXECUTIVE SUMMARY
Albania is one of the poorest countries in Europe and 18.5% of the population lives in absolute poverty.
Poverty is weakening familiar bonds, causing the increase in the number of children living with one parent and
of those placed temporarily under the care of relatives or social welfare structures. Poverty and social problems
deprive Albanian children from their rights; they have neglected emotional, educational, spiritual, and physical
needs, which then cause risky behaviors and illegal activities in order to ensure survival.
SOS Children’s Villages, Albania has undertaken the initiative to realize a country rights situational analysis
for children without parental care or at risk of losing it. The analysis is realized during December-February
2009 from a combined group that consists of independent experts and professionals of SOS Children’s
Villages, Albania and it is realized in the cities of Tirana, Korça and Shkodra. .
Despite positive steps taken from the Ministry of Labor, Social Affair and Equal Opportunities to improve the
quality of services for children without parental care, through setting standards, decentralization and
deinstitutionalization of services for children without parental care, there exists problems in regard to respect
of rights for this category. This report has identified violation of children rights in the domains of
discrimination, survival and development, protection and participation. There are a lot of factors that affect the
violation of rights and marginalization of children without parental care or at risk of losing it. Poverty together
with the weak system of social protection and obvious deficiencies in relation to preventative services,
contribute in the increase of the number of children without parental care or at risk of losing it. The situation is
aggravated by the low capacities of social welfare structures, schools, health system and police and weak
cooperation in local level. Information on the number of children without parental care or at risk of losing it is
lacking and it is not given enough attention to the designation of proper policies and legislation to support
models of out of home placement in the best interest of child. This report outlines the deficiencies in the
professional capacities and expertise, and addresses multiple problems that the target group is facing.
This report describes the obligations of both central and local government and of non governmental structures
to increase responsibilities in order to improve children rights. Although the study is offering recommendations
for SOS Children’s Villages, Albania, it also serves to governmental structures and other NGOs to improve
policies, strategies, and activities relevant for children without parental care or at risk of losing it.
In this report, there are recommended development of policies, legislation, and supportive services for families
and children, setting up of counseling services, increase of support with cash or with employment for poor
families and support to children with special needs or disable ones with social, health, and educational
services. The report suggests the establishment of the Court for minors, expansion of kinship care, as the first
alternative for the substitution of biological family and the development of other models of care. Improvement
of parenting skills to respect children rights is recommended as a necessary step to improve quality of care
within the family and to decrease the number of neglected children and those with behavior or learning
difficulties, while awareness raising for community, public and non public structures deducts stigmatization
and improves quality and type of services for children and their families. Strengthening of existing alliances
and partnerships within governmental and nongovernmental stakeholders, including international ones, will
improve the level of preventative interventions and care and will increase number of services for children. SOS
Children’s Villages, Albania with its experience and expertise can and should play an important role in leading
these processes.
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1. INTRODUCTION

In Albania, after nineties, number of children living in single parenting family and number of children placed
in care for economical reason and lack of social protection polices for families at risk is increased. Extreme
poverty and social problems have deepened neglect and marginalization of children.
This study undertaken by SOS Children’s Villages Albania presents an overview of rights of children without
parental care or at risk of losing it and a thorough analysis of national strategies and responsibilities of duty
bearers. The assessment was realized from a group of experts during December-February 2009, conducted in
different cities Tirana, Korca and Shkodra, respectively locations from central, south and north Albania.

1.1. Description of the analysis team

Teuta Shkenza, Director of SOS Children’s Villages Albania supervised the research process.

Almandina Guma, in the position of Advocacy Officer and Elsa Osmani as Family Strengthening Program
Manager in SOS Children’s Villages Albania coordinated the research process and cooperated on data
gathering and writing of the report

Ms. Mirela Muca and Ms. Vilma Kolpeja as external experts provided assistance to study design, data
gathering and report writing. They have a background experience in social study researches and training
experience in institutional capacity building.

1.2. Analysis process and methodology

The first step of this analysis was a desk review of policies, legal frameworks, strategies, and existing services
for children without parental care or at risk of losing it and reports, studies on situation of children’s rights by
civil society.
Quantitative information has been provided by official sources (Institute of Statistics and Information of SSS,
MLSAEO, INSTAT, MSE) regarding demographic and socio-economical data and official websites of national
and international stakeholders1

The second step implied gathering of qualitative information through focus groups and interviews with
relevant actors in the MLSAEO, NGO-s representatives and other relevant staff in the social protection field
and individual interviews with children in care.
Employed data collection instruments (a) semi structured interviews for duty bearers and NGO-s
representatives, (b) semi structured interviews for service providers on children’s care and protection, (c)
checklists for interviews with children.
Study restrictions: Lack of statistical information for children at risk of losing parental care.

1.3. Stakeholders involved in the consultation process

The research team consulted numerous stakeholders, from state agencies, civil society, NGO-s providing
services for children, and representative of religious organizations. Interviews were performed with the main
stakeholders and duty bearers on the field. Families and children at risk and representatives of SOS Children’s
Villages Albania were also actively consulted and provided insight on challenges regarding issue. (See Table 1.1)

2. GENERAL OVERALL SITUATION – BASIC COUNTRY

INFORMATION
Albania has been in a deep and quick transition, since the fall of communism system is 1991. Social-economic
reforms have contributed in a deep transformation; in setting up a democratic system, in the achievement of a
relatively stable economic growth, reduction of poverty, respect of human rights and increase of living
standard. Despite that, Albania remains one of the poorest countries in Europe.

According to LSMS 2005, poverty in Albania is a multidimensional phenomena, which is reflected in the low
or very low level of income (25% of the population lives with less than 2 $ per day, while 4.7% of the
population lives with less than 1 $ per day), high level of susceptibility to diseases and lack of proper health

1
See Bibliography
 6
services; (the infant mortality, mortality rate of children aged under 5 and maternal mortality are relatively
high compared to the countries of the region); high illiteracy or low level of education, low level of
participation in decision making and social exclusion for a considerable part of population (75% of poor
families have social problems).

Poverty and social exclusion have a deep geographic dimension. LSMS 2005 states that the poorest areas are
the rural ones in north-east part of the country. Population in these areas is excluded mainly from social and
employment services, because these services are active only in cities. Lack of basic services, including also
educational and health services, are the main factors of social exclusion for poor families and affects these
families to be beneath poverty line.
In fact, this study shows that the children of these families are on higher risk for social exclusion, since the
poorest families are those ones that have more than three children. Their rights are completely lacking and the
possibility of children abandonment, because of poverty and other social factors, is quite high.

Albanian government has prepared the National Strategy for Social Inclusion, as part of the Strategy for
Development and Integration. This strategy includes policies, which through economic growth, aim the
inclusion of the most vulnerable categories of Albanian society. Nevertheless, the experience of development
till now shows that not necessary economic development is translated in better economic standards for
excluded families in general and especially their children. Data show that public expenditures in fields as
health, education, social protection, are still low, even compared to other countries in the region. 2.

Total population (000)3 3,170

Population of child people (%) (0-14 years 793.543) 25
4
Population under poverty line (%) 18.5
5
Life expectancy 78.6
6
Education Index 0.887
7
GDP per capita in USD 5,316
Standard of living (maximum monthly economic assistance per family in 7,000
Albanian Lek)8

Human Development Index9 0.801

10
Gender related development index 0.797
11
Unemployment rate (%) 13
Public expenditure on health (in % of total public services expenditure) 8.4
12
Public expenditure on health (in % of GDP ) 2
Public expenditure on education in % of total public services expenditure 11
Public expenditure on education (%) in % of GDP 3.5
Type of state Former Communist
country/
Parliamentary Republic

2
Public expenditure one Education is 3.5% of GDP (2007), on Health is 2 % of GDP (2007) , on Social protection is 1.5% of GDP (2003)
3
INSTAT Annual Statistics 2007
4
LSMS 2005
5
http://www.instat.gov.al/graphics/doc/tabelat/Treguesit%20Sociale/Lindje%20e%20vdekje/LDV%202004/ldv13.xls
6
http://hdrstats.undp.org/countries/data_sheets/cty_ds_ALB.html
7
ibid
8
DCM 787 date 14.12 2005 “On definition of criteria and of economic assistance”
9
http://hdrstats.undp.org/countries/data_sheets/cty_ds_ALB.html
10
Ibid
11
Bank of Albania “Annual Report 2007”
12
Ministry of Finance- Finance office (2008 data)
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3. PROFILE AND NUMBER OF CHILDREN IN THE TARGET GROUP

3.1. Children without parental care

 Which children and how many are without parental care and why?
Studies13 and data on vulnerable children show that most of Albanian children are at risk of being victims of
poverty, divorce, and separation of family due to migration of one parent, violence, negligence, and social
problems.
Transition is changing the family as an institution. Economic difficulties have overloaded parents with work,
where a considerable part of them have emigrated, leaving behind families with children. Poverty is weakening
family bonds and high number of divorces has increased the number of children that live with one parent. The
high number of children, who are begging, are abandoned or placed temporarily under the custody of relatives
or social welfare structures, shows that there must be higher attention towards the support of families and
provision of out-of-home placement services for children.
Within the international definitions regarding children without parental care, in Albania this group is
represented mainly by:
- Children that have lost both parents due to accidents, diseases or other reasons
- Children that live in residential institutions (children that have lost the care of their families, because
of economic or other reasons).
- Children, to whom is taken off the parental custody with a court decision.

Albania is a country where group age 0-14 years old represents 25% of the population 14. It is difficult to have
exact information on the number of children that are without parental care or are at risk of losing it, because
periodical information is lacking. Nevertheless assessments in 2005 15, show that 16,000 children live under the
care of their relatives. 1,200 are in residential and day care institutions. In the same year, about 11,679 children
were exploited, neglected, or abandoned in most of the time, although they were living with their families.
These were children that begged, worked or were taken abroad unaccompanied from their parents. In
comparison to other countries in the region, Albania has a low number of children without parental care in
social welfare institutions (73 children per 100,000 children of group age 0-14 years old).
In the end of 2008, about 579 16 children of group age 0-15 years old were placed in public or non-public care
institutions. During 2008, number of children in the formal social welfare system was a bit higher than the
above mentioned data. During that period, 28 children were adopted, 22 children were reunified with their
biological families, and 26 children left the social care because of their age.
The decision making for placement of children in institutions is not fully realized in the best interest of the
child due to lack of an explicit definition in the existing law “as for the best interest of the child” (Law on
social service). There is no report providing relevant information on reasons the placement of the child in
alternative care is in his best interest. (Alternative Report, 2009)17.
Accurate data on reasons for entry to residential care is extremely difficult to obtain. Often, a placement is
recorded as “for social reasons,” without providing specific information about the child’s circumstances (See table
1.3).

Most of the children under care, come from rural areas and are mainly from poor families, headed by one
parent (due to death, divorce emigration, imprisoned parents) or parents with health problems (85% of the
cases). There are no gender distinctions; number of children with disability is low, while minorities Roma and
Egyptian represent almost 15 % of children 18. There is only one case with HIV/Aids. Regarding age structure,
data is relevant for public social welfare institutions where 49% of children are of group age 0-6 years old and
51% of group age 6-15 years old.

13
World Bank, Vulnerability needs Assessment, 20005; Impact of emigration for socially excluded families and children, 2007 UNICEF
14
Referring to demographic data of 2006 – the latest report of INSTAT
15
UNICEF- NACSS, Assessment of child care system in Albania, 2005.
16
This number represents the official data about children without parental actually registered in the formal social welfare system (public
structures, structures directed from NGOs: family type care institutions including SOS Children Villages, Albania).
17
Unpublished
18
4654 is the total number of Roma children aged 3-16
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Reasons behind children placement in SOS Children’s Villages, Albania

Data on placement of 30 new admissions in SOS Children’s Villages Tirana, during 2004-2008 show that main
reasons of entry in care is related to loss of one or both parents (37%), parent’s mental health problems
(22.8%), abandonment at birth or for emigration reason (17%); and main second factor increasing probability
of final decision for children placement in care is poverty (27.5% of cases) and low child rearing parental
capacity (17%)
Only 26% of children were cared by close relatives, for a short term period after biological family
disintegration (See Table 1.2)

3.2. Children at risk of losing parental care

 Which children and how many are at risk of losing parental care and why?
There is a lack of legal definition about “children at risk of losing parental care”. In view of the fact that
neither definition nor classification of families and children at risk are clearly defined, there is no existing
statistical data indicating prevalence of child abandonment.
Therefore, there is a lack of identification mechanism for children at risk.

Poverty and the lack of one parent are the main factors that lead parents in placing the children in social
welfare institutions. Low applied payments in the actual system of social protection (economic support in cash
for poor families and with social problems) do not help in reduction of poverty among beneficiary families.
Support policies that encourage the exit from the poverty are limited. This is the reason that the families
remain in the cycle of poverty. About 80% of the families that benefit economic assistance remain in this
schema for a period of more than 8 years. These families have also a low living standard and in additional to
economic deficiencies, there are also social problems.
200, 000 19children live in poor families supported by monthly economic assistance. Out of these families, 11%
have at least one child with special needs (disability). A recent study 20 is showing that from 68% of families
beneficiaries of economic assistance, only 2.5% reported that will take a decision for children placement in
residential care forced by extreme poverty. 22% reported to be willing to take their children to an institution
(temporary care) which offers at least a daily meal for their children.
Single parent families: Data from National Association of Orphans show that about 12,000 children all over
Albania come from single parent families and live in extreme poverty. According to this Association, they are
more located in regions of Tirana, Durres, Berat, Vlore, Lezhe, Fier and Elbasan.
Young and inexperienced mothers
There are an increased number of pregnancies out of wed lock and lack of community based services to
provide support for families at risk.
Data from an analysis report of Bethany Social Service, conducted with young pregnant women, expecting
babies out of wedlock, reported that:
 Out of 46 young pregnant mother interviewed, 47% reported experiencing harsh form of violence
from child father.
 Various personal and situational factors contribute to taking a decision of child abandonment.
Unemployment and housing are two determinants factors contributing in the decision. The first
who decide on the child placement in alternative care are mothers with low educational
background and unemployment rate (13%).
 Decision making on children abandonment depends upon mother’s age. Child abandonment is at
high rate at mothers aged 25-30 years.
 43.5% of young mothers seek to reunite with child’s father
 17.4% experience shame to abandon their children. Young Roma mothers experience more shame
and feel more prejudiced to abandon children in comparison to other ethnicities (See Table 1.4).

19
Statistical Bulletin, No.3, INSTAT, 2006
20
Social assistance and child poverty reduction impact – Analysis report (still in process)
 9

According to Strategy of Social Services, defined vulnerable categories are:

1 Orphan children without parents, or with a single parent, that do not live in institutions
2 Abandoned and street children (this category includes, in particular more children from the Roma
community or from poor families and those with social problems)
3 Trafficked children
4 Working children
5 Disabled children

Street children
There is no accurate statistical data for children living in the streets.
It can be stated that most of the children working on the streets come from families with difficult social
background, living with poor income and part of them are without parents or live in single parent families.
Majority of children are not attending school or drop out because they start to work at early age.21

From 2002 Living Standards Measurement survey carried out by INSTAT the majority of working
children aged six to fourteen live in rural areas and are engaged in agricultural activities. Overall, 9.8% of
children aged 6-14 engage in work. The majority of these children continue to attend school, although some
8.9% have dropped out22.

In 2003, data provided by the Ministry of Labor, Social Affairs and Equal Opportunities indicated that about
2.000 aged up to 17 years were beggars, washed car windows, were traveling vendors, or collected tin cans at
waste disposal sites.
According a study of ILO/PEC in 2004, majority of children working in the streets is those aged 12-17 and
82% of them are males working averagely 7 hours per day.
From Terre des Homes report23 (April 2007) there are 183 children across Albania begging in the streets, 114
males (62.3%) and 69 females (37.7). It is impossible to have accurate data due to fast moving of this target
group from a place to another during different seasons.

Trafficked children
According the most recent estimation, around 5,000 unaccompanied children have emigrated in Italy and
Greece during 1991-2004.24
According to CRCA report on trafficking topic in Albania, children most at risk are those aged 5-18, coming
from families with low socio-economic status; who have dropped out school; have ambient tardiness and
without optimal development according to their age.

Children affected with HIV/AIDS

There is no accurate statistical data on children at risk affected with HIV/AIDS.
Recent data from Partnerships in Health organization is that 27 children affected with HIV/Aids are under
treatment.
Recently, Albanian Government has adopted a new law no 9952, 14.07.2008 “On prevention of HIV/AIDS”
which foresees measures on HIV and AIDS prevention, treatment and support for children and individuals
infected with HIV/AIDS.
Actually, there is no supportive program in place at local or central level for children and families exposed to
HIV AIDS.

More detailed information on vulnerable children, challenges and problems they are faced with is in section
no.4 of this report.

21
(Report on Child Labor and Street Children in Albania/ Children’s Human Rights Centre of Albania, 2005)
22
INSTAT. Living Standards Measurement Survey, 2002. Quoted in People and Work in Albania. 2002.
23
Unpublished report
24
Assessment of needs and social exclusion. Roma people in Albania, UNDP, 2005
 10

4. OVERVIEW OF CHILD RIGHTS VIOLATIONS IN THE TARGET

GROUP
When children are poor and out of parental care, they are inside a cycle of marginalization.
Information is provided from interviews with directors of institutions, organizations that work for children
without parental care and through the review of different studies and documents with a focus on children
without parental care.

4.1. Non-discrimination area (CRC art.2)

Main child Specific risks and problems Causes for child rights violations
rights violations Children are facing
Number of children with moderated or Lack of structures that support moderated
Stigmatization grave disability is relatively low in public or and grave disabilities, inside social
non public social welfare institutions25. welfare institutions for children without
parental care.
Low number of disable children is because
of 2 reasons :( a) this category is supported Lack of capacities in public and non
in cash (disability support), relatively in public sectors for the care of disable
high levels and (b) there is refusal to admit children. In Albania there are 6 residential
them in social welfare institutions or development centers. The directors of
development centers. these centers say that there are requests
for placements of disable children in
Priority is given to those cases where
social welfare institutions, but the
disable children are abandoned or their
requests are rejected, because there are no
parents/caregivers passed away.
free places.
In a decision of government council, No.
209, date 14.04.2006, it is stated that “In
infant and child homes, dystrophic or
disable children are not admitted, even
when criteria for placement is met.
Institutional form of care is already known
for the effect it has in the marginalization
and stigmatization of children placed in
them. Children lack full participation in the
social life during and after care, they are
deprived from the emotional life and the
Institutional care type of children.
intellectual, social and cognitive
development is not according to their age
impeding them to create long term relations Self victimization of children as
with others- this has a negative and long psychological defense mechanism
term effect even in their life as adults
Data from SSS shows that number of
HIV/ AIDS children with HIV/AIDs is low- only one
Low level of information on HIV/AIDs
case (in Durres).
and about the treatment of people with
Despite admissions in institutions, HIV/AIDs.
caregivers express fear and concern for
themselves and other children.
And even though it is not reported
discrimination, expression of fear and will
to move them into other social welfare
structures shows for behaviors that
marginalize this category of children.
Children that live in public and non public It is lacking a social policy that
Discrimination social welfare institutions do not share a determines the model of care in
25
Report from SSS. Developmental centers providing services for disabled children, report to support in their structures 16 children without
parental care, aged 0-15

in institutions model of care of the same quality.
Children in residential institutions, mainly
in public ones, live in structures that provide
care to a great number of children and are
far from being a family environment. In
these institutions, placement of children
according to their age, causes the separation
of brothers and sisters, while the principle
of preserving the family (siblings together)
is respected in structures directed from
NGOs (such as SOS Children’s Villages,
Albania)
Children over five year old26, disabled
Discrimination children and children from minorities are in
in adoption disadvantage in regard to adoption within
the country.
Children that are in public structures, have
more chances to be adopted, when they are
declared abandoned. This is not happening
in structures headed by NGOs. Lack of
professionalism in the preparation of files
and in the documentation of abandonment
prolongs the time for adoption, which is not
in the best interest of the child.
11
accordance with the situation of children.
Standards are not sufficient to provide
equality in care, for children that share the
same social, economical and health
situation.
Rehabilitation structures for disable
children are limited or even when they
exist, they have limited capacities.
There is not support for adoptive parents,
when they adopt disable children. Lack of
support policies, lack of rehabilitation
structures and schools, discourage
adoptions within the country for this
category.
Discriminating culture of the society
towards minorities, mainly Roma and
Egyptian.

4.2. Survival and Development area (CRC art.6-8, 23, 27-29)

Main child Specific risks and problems Causes for child rights
rights violations Children are facing violations
Children at risk – poor children – higher Malnutrition, non-proper living conditions,
Birth level of infant and child mortality. undrinkable water, and lack of health care
Registration and low educational level of mothers.
There are more at risk poor children of rural
areas (indicator of infant mortality in 2007
is 12 per every 1,000 children born alive).
Children of public institutions, with a higher
number of children under care, have higher
levels of death.
In 2004, there were reported 3 deaths of
children in public institutions (in Shkodra,
Vlora and Tirana). The deaths report in this
year was higher compared from the other
years and the main factors were delays in
medical treatment.
Reports from UNICEF27 show that 2% of
children (under 5 years old) are not
registered in civil offices.
A considerable number of children from
minorities are not registered, and they are Culture of the community
`invisible` children for public structures of
health, education, and social services.
A number of children without parental care
(children abandoned since birth) have Deficiency of local government

26
Data from AAC
27
Referral period is 1999-2006
 12
registration problems, because of the
negligence of parents or lack of data about
motherhood and fatherhood.
Director of the institution, in infant home 0-
6 years old in Shkodra, tells that: “two of
the children were registered in civil offices,
when they were admitted in the institution
at the age of 3 years old. This phenomena is
encountered in almost all institutions, when
the children are abandoned or when parents
have problems of mental health”
In Don Bosco center, in Tirana, about 20 Low awareness level of parents on the
poor children from minorities are referred importance of child registration.
in legal centers, to register them in civil
offices and then in school.
.....there are 38 cases presented in court and
waiting for the declaration of abandonment
or registration in civil offices (...extracted
from the report of AiBi in 2007.

Actually, material stimuli are applied to

mothers giving birth to children and that
register children in civil state offices.
The initiative of UNICEF& local authority
to entitle to families who undertake the
procedure of child registration an amount
of 5.000 lek (app.45 euro) was not fully
achieving its goal and being successful
with this regards (Alternative Report,
2009)

Poor children, children from rural areas and
Right to health disable children are more exposed towards
care health problems and are less covered from
public health services and free of
charge/reimbursed services from the system
of health insurance.
Because of difficult living conditions – a
poor mother tells – my children get ill
frequently. I have to pay every time I visit
them. Medicines are not reimbursed and I
do not have money to buy them. I have
economic assistance from the commune, but
it is only 2,700 ALL per month. What can I
buy with them?
Health care is also neglected because of low
awareness level of mother on the
importance of early care. Although Albania
has high level of the immunization of
children (98 %), cases of immunized
children are among poor children of rural
mountainous areas and from Roma
Quality health services are not in place in
rural areas. In the poorest areas, there is
lack of qualified health personnel and
pharmacies as well.
System of public health services is
connected with the system of health
insurances. Free of charge services or
reimbursed medicines are provided only to
categories of employed individuals that pay
the contributions and to their children
under their care. Rural areas that have a
low level of participation in health
insurance and poor families that have
unemployed parents or work in informal
sector do not benefit from free of charge
services.
Low awareness level of the mothers, which
is related to the lack of information, low
educational level or depends from the
mental state of the mother.

community.
Poor children, children from Roma
Right to communities have a living standard that
a standard impedes them to have a proper
of living development, participation in the
compulsory educational system and in the
social life just like their peers.
In most of the cases, the low living standard
obliges parents to seek help to their relatives
or to place their children in social welfare
institutions.
“I have made a request to place my two
younger children in orphanage- tells a
Roma mother – because I do not have
anything to feed them and I live in a
barrack. In the orphanage, conditions are
better, they will not get sick, and they will
take a school or vocation.
Right to social Children from divorced families, children
protection from parents having problems of mental
health, children from mother-girls, and
those from Roma community are most at
risk of losing the care of their families.
Children are often placed in institutions or
there are requests to place them even
because of the lack or insufficiency of
support with social services (education,
health, social protection, and housing) to
poor families with children.
Poor children and those placed in social
13
Cash support programme (economic
assistance) covers only a part of the basic
needs related to nutrition. This help does
not support in a differentiated way poor
families with children and in accordance
with their needs and it is not combined
with additional social services to release
economic problems, including also the
prevention of children institutionalization.
Children who have lost their parents can
not benefit from the social insurance
payment if their parents have not paid their
contribution of social insurance for about
one year before their decease.
(Source: Alternative Report,09)
Actually there are initiatives with support
services for poor families (Community
Center of the Families and Children-
Municipality of Tirana and Family
Strengthening Programme-SOS Children
Villages, Albania), but they are insufficient
to cover the needs, because they have a
limited geographical area and there is lack
of financial resources to maintain the
services in existing areas or to expand the
services in other areas where there are
needs.
Insufficiency of housing programmes for
poor families risks the health and increases
the number of poor children and those from
Roma minorities that live in very difficult
housing conditions and are threatened from
the cold of winter and hot of the summer.
Poverty and unemployment
Low level of the awareness of parents on
the harms that bring privation of children
from the love of the family and their
abandonment in social welfare institutions.
Non-application of the legal obligation for
financial support to children (in cases when
parents are divorced or are in emigration).
Insufficiency of preventive and supportive
services for children that are at risk of
losing the parental care.
Insufficiency of active employment
policies for categories in need such as:
single parent families headed by mothers or
girls being mothers.
Poverty and insufficiency of support to

Right to welfare institutions are deprived from
development stimulating interventions of parents,
especially the mother, during their early
childhood. Neglect inside the family and
placement of children in social welfare
institutions have harmful effects in the
development of the children. Neglected
children and those grown up in residential
institutions manifests behavioral difficulties,
lack of concentration, confusion,
psychological disorders, which have a
negative effect in their education and the
quality of life they will have as adults.
During interviews with directors of
institutions (including SOS Children’s
Villages, Albania), it is stated that despite
the support of children in institution and at
school with teachers, they have low
academic performance and only a few of
them are successful. School results are
lowers in public social welfare institutions
and more encouraging in family type
institutions.
Marginalization of children is increased
after they leave the social care.
Adolescents and youngsters with a care
history from public residential institutions
manifest the worst forms of results when
they leave the social care: they have a low
level of education, they are unemployed,
they manifest risky behaviors, they are
homeless, and this situation is even when
they are adults.
14
children that suffer negligence from public
care structures such as: day centers,
kindergarten and nurseries, entertainment
and recreational centers. Lack of
information of poor parents about
parenting, lack of opportunities to pass
time with children, lack of books/toys or
entertainment centers in the community
impede the psychosocial development of
children and optimizing of their potentials.
Residential institutional care system in
public structures dominates.
Establishment of stable bonds with the
caregiver is not possible in social welfare
institutions; mainly the public ones because
there are a high number of children per
caregiver and institutions are changed
according to age. On the other hand there
are not provided to children examples of
models or roles, because of living in
structures where the mother or father figure
is lacking.

Right to Net registration level in the compulsory

education education system is (2000-2006) about 94
%. Number of children in school aged 6-18
is 627.509
Right to primary education
Actually, there are no preschool
1.9% is the illiteracy level of children in
educational facilities in the poorest area of
compulsory educational level28.
the country

Poor children of rural areas and children

from Roma minority have the highest level
of nonattendance of school or school drop
out. Only ½ of Roma children frequents
pre-school education and the compulsory
one
Only 13.5% of Roma Children aged 3-5
years currently attend pre-school education.
54% of Roma children of compulsory
school age (6-16) have not yet completed a
28
IAS report 2008
In general parents register their children in
the same community where they are born.
However, children from migrated families
frequently have no birth certificates or
other legal documentation and as a result
are unable to attend school.
Low educational level of parents is not
encouraging for the education of children
About 70% of Roma children admit that
their parents are unable to assist them with

single school grade.
(Source. Study Report 2007, Human
Development Center)
Poor children and Roma children suffer the
consequences of discrimination in
education, which is manifested in: lack of
differentiated support, neglect and offense
in some cases also from the teachers of the
school, isolation and social exclusion from
peers.
Drop out phenomena
15
their home works
Parent’s unemployment correlates with
children’s low academic performance at
school.
Overpopulated classes in urban areas do
not support the differentiated attendance of
pupils with learning difficulties.
Discriminative and prejudicial culture
towards children coming from minorities.
90% of Roma students admit being labeled
gypsy/ black. 46% of Roma students admit
that they are assisted less by their teachers
compared to other non-Roma students.
Ministry of Education has undertaken
positive steps for the education of children
from Roma minorities, by registering them
in school although they do not have a
registration document.
Many children drop out school to start
working for their families (earlier than the
law allows to) particularly in the rural
areas. In 2007 World Vision Albania
reported that rural girls faced additional
pressure to leave school because families
did not see a value in high school education
for girls and due to security concerns of
girls commuting to high school in a larger
town.
Social economical status of families.
Children from poor families have less
access to education.
According to a report of IAS, it is indicated
that children dropping out school come
from families with low income (less than
250 euro/month).
 9% of children in North Albania
(app.1450 children) are forced to
drop out school. 17% out of this
group live without their fathers
and 6% live in families where
mother is missing because of death
or divorce causes.
 18% of fathers and 11% of
mothers, whose children have
dropped out school, suffer from
health illnesses that unable them to
work
 Children most at risk of dropping
out school come from families

Children in public institutions
Although children out of parental care in
social welfare institutions attend the
compulsory education, they have a very low
level of academic performance, which is
strongly related to the type of care.
Attendance level of middle school (or
professional) is low, mainly connected with
the prolongation of time under care and the
development of a profession
Children with special needs
According to MICS 2005 in Albania, about
11, 1 percent of children of group age 2-9
years old manifest at least one reported
disability. This data is high and affected by
health, social and economic factors.
Disable children without parental care or at
risk of losing it have limited access to
education, because of lack of education
structures for disable children.
Limited number of schools in Albania
shows that the right for education of disable
children is violated and they are denied the
opportunities for integration in the
economic and social life.
Children with learning difficulties
According UNICEF data, 11% of children
aged 2-9 years manifest vision and hearing
difficulties and as a result face learning
difficulties.
“My son has difficulties in school; he can
not understand subjects as the others. I can
not help him, because I do not have enough
education. My son does not like school and
friends (some of them) tease him, make fun
of him, when he does not reply properly in
school. I can not help him with private
16
where one of the parents hasn’t
finished compulsory educational
system (73%)
 A report of ILO/PEC in 2004,
shows that 40% of Roma families
and 43% of Egyptian families
force their children to work and
consequently drop out school
Residential care type or emotional
problems (caused by family traumas) have
a negative effect in learning and schools
results.
Actual public educational system for
disable children does not fulfill the needs
of this category. There is a lack of
educative plans for disabled children in
most of the educational facilities.
(Alternative Report 2009)
There are a limited number of specialized
schools for children having light or
moderated disability, but these schools are
located in some of the main cities in
Albania.
There are not structures inside normal
schools to support children with slight
learning difficulties or with special needs.
Insufficiency of specialized schools for
disable children.
Despite improvements in the structures of
public schools, there exist architectonic
barriers that deprive disable children from
the right of education.
Actually Ministry of Education has
undertaken an initiative to encourage the
education of children in need/poor or
disabled ones, by providing free of charge
books in schools, implementing special
programmes such as ”the second chance”
or integrated schools( including children
living and working in the streets, in blood
feud)
Non-application of support systems for
children with learning difficulties and
special needs through free of charge
courses or summer schools.
About 90% of Roma Children admit that
 17
teachers, as other parents do. I am striving they do not attend any extracurricular
for food- tells a poor mother, heading the course or subjects they have difficulty with.
family.”

Play and entertainment are important for Poverty makes the family to orient the
Right to leisure, children. services only in fulfilling children’s basic
recreation and need such as nutrition and parents have low
Poor children and those from Roma
cultural knowledge on importance of play in child
minorities have fewer opportunities to play
activities development.
with toys or to entertain themselves in child
friendly environments equipped with toys Lack of entertainment and recreational
according to their age environments for children, nearby their
living place or school.
Lack or insufficiency of entertainment and
cultural activities in school.
A number of children need to work to help
the family.
Poor families and those from Roma Poverty and lack of support with income
Right to communities live in inappropriate and for housing in social protection
Housing overpopulated houses. programme.

About 30,000 families are in urgent need Limited resources of central and local
for housing. Among them, there are many government in covering the housing needs
families with children. of families and groups with the status
“homeless.”
In public residential institutions, the
building and the internal environments are
inappropriate and unfriendly for children –
bedrooms are shared between 4-6 children
of the same group age and living rooms,
although reconstructed, are huge, and far
from being a family environment.
Residential care type with a great number
Exit from social care (at the age of 15+
of children in public social welfare
years old in public institutions and 18+ from
structures that is mainly, because of the
structures directed from NGOs) is not
lack of good will to adopt these structures
accompanied with the provision of housing
into smaller and similar models of family
from public housing structures. A great
houses.
number of youngsters with a social care
history suffer lack of housing since many
years.
Right to life Caregivers, in public or nonpublic
skills training residential institutions, report that children
Family based care and longer period of
are enabled in fulfilling daily personal
preparation and support applied in family
needs. When they are 15 years old, they
type structures more than in structures of
start to develop skills necessary for the
public residential institutions, provides the
independent life. Despite preparations, from
necessary skills to face the daily needs.
the evaluations of youngsters with social
care history (SOS, 2009), it resulted that
deficiencies in the application of the daily
life skills were higher in the group with care
history in public structures.

4.3. Protection area (CRC art.5, 9, 19, 20, 37)

Main child Specific risks and problems Causes for child rights
rights violations Children are facing violations

Lack of support to poor families, separation
Right to live of the family (divorce, emigration) have
with parents increased the number of children that are
placed temporarily to relatives or social
welfare institutions.
There is decrease of abandoned children
since birth and of biological orphans, but it
is noticed an increased number of children
from poor families, in temporary social care
in both public and non public structures.
The right of children to be placed in
appropriate structures in accordance with
their needs and in the best interest of the
child is not realized, because there are
limited capacities of structures that provide
family based care and the foster care is in an
embryonic phase.
In most of the cases, although court
decisions or those from the commission of
State Social Service try to respect the
principle – the best interest of the child,
they are compromised from the lack of
alternative care options, violating thus the
right of children to remain in the family or
to have care in a family type environment.
A .is a 10 year old timid girl and with
developmental problems. She is not doing
well at school and she has learning
difficulties. Her parents divorced when she
was 3 years old and her mother has her
custody, who is married again. She placed
A in a social welfare institution because of
economic and personal reasons. The father
of A. is in emigration. Both her mother and
father have not shown interest towards her,
while the adoption in the country is difficult
because of her age.
Institutionalization of children is also
increased because of legal problems and
application of improper practices related to
the declaration of children as abandoned.
This violates the right of children that the
placement should fulfill the needs and it has
to be reviewed periodically.
Temporary placement of children for a
period of 5 years does not make sense and
harms the child. Review of the status of
children once a year (not every 5 years) is
necessary.
There should be applied the removal of
parental custody when, parents manifest
behaviors that are risky for the return of
children in their biological families.
18
Poverty and separation of families.
Bonds inside the extended families are
weakened.
Cash social protection programme for poor
families is insufficient to cover the basic
needs; actually the average monthly
economic assistance for poor families
varies from 2000-3000 ALL per month and
is insufficient to cover the basic needs for
nutrition.
Public supportive policies for families in
need with children, are lacking (higher
payments, health services, emotional
support, counseling etc)
Information about children at risk of losing
the care of their families is lacking from
the local government. This information is
necessary to know the phenomena, and to
address preventive, rehabilitative, and
protective policies and interventions.
Preventative services for
institutionalization or abandonment of
children are in place, but they are limited in
number and geographical area. Actually
these services are offered only from NGOs.
There is only one exception from the
Municipality of Tirana that has a center
that supports poor families, with the aim to
prevent abandonment or to reunify children
with their biological families (160 cases
per year)
SOS Children Villages Albania supports
547 children in the framework of Family
Strengthening Programme in Shkodra and
Tirana cities.
Bethany International Services offers
support for children at risk of losing the
custody of parents and support girls
becoming mothers during prenatal and
postnatal period.
Association Islamic Relief support
financially, but not only, about 500 orphan
children in Tirana, Shkoder, Kavaje,
Elbasan, Durres, Malesi e Madhe.
Lack of cooperation with local
administration and structures; deficiencies
in information about the number of
 19
children at risk of losing parental care
The courts often delay the court processes
for abandonment declaration (38 cases in
200729), because of the lack of registration
of children in civil offices or it can not be Legal problems and application of
declared the abandonment for reasons that practices that do not support the best
can not be considered as “obvious interest interest of the child.
of parents” (such as a phone call or a letter
per year).
Clearer definition of “obvious interest”

This right includes not only the right to Laws do not pay much attention to this
Right maintain contacts with parents and relatives, right.
to regular but also mutual informing (child-parent).
personal Lack of contacts with social administrators
contacts with in municipalities and communes,
The right of the child to contact with family
parents and responsible to keep track of families’
is well respected in public and non public
close relatives progress.
residential institutions. There are separate
Lack of active role of social administrators
premises at disposal for families to have
(appointed body within the local
meetings with their children (parent meeting
government) to assess family needs, ensure
room); a telephone is available in cases
contact with relatives and provide support
when parent lives at long distance.
during the period children are in care.
Children are encouraged to have regular
visits to close family relatives in cases they
are near the location and when relatives live
Lack of post monitoring and evaluation
at long distance far away, children have
period after period of child reintegration in
visits 3-4 times per year, for 1 week or 1-2
the biological family.
months.

Although the relationship child-

parent/relative is reported to be good, the
Lack of financial assistance and support to
biological family who should be an active
cover expenses of families in order to
partner in care process and preparation of
support children’s contacts with their
child permanency plan is not well involved
biological families
in the process and consequently the future
child integration to biological family is not
well evaluated or is not realistic in terms of
this plan.

It is not possible for children to be settled in

care structures that are geographically near
their place of origin.

There are difficulties from families to afford

high expenses of transportation and
accommodation for visiting their children,
taking into consideration that these children
are settled in care structures geographically
far away from their place of origin.
Right to be with Once a child is placed in public care, little
siblings efforts are made to put siblings together. As
a result, in most of the cases the families
disintegrate.
When one of the children has moderated or
Public institutions situated far away from
place of origin of children, taking them part
from family environment.
Restructuring of public institutions in
accordance with the age of children
impedes siblings to stay together.
Inappropriate system in place for provision
of services for children with special needs

29
From Ai.Bi Report, 2007.
 20
grave disability then he/she is sent in child to protect siblings from being placed away.
development centers.

E. is 16 years old and is currently living in

one family house in Shkodra City. She has 3
sisters and brothers, from whose two live in
a public institution in Shkodra, and the
youngest sister lives in a public institution
in Vlora City (placed since she was 17 Lack of a clear social policy enabling
months old). She is saving money to visit siblings stay together.
her youngest sister in Vlora.
”We don’t want to be far apart. For my
youngest sister is even more difficult and
challenging. She is unable to understand
the situation and the distance in between is
negatively affecting her”

SOS Children’s Villages offers a positive

model in this prospect, but it falls short in
cases of disabled siblings.

There have been few cases of adoption of

one of the siblings bringing losing of
contact and connection of brothers and
sisters

Right Children from poor background, from one
to protection parent family and Roma ethnicity are
from abuse, increasingly exposed to violence, abuse,
neglect, neglect and exploitation
violence and
exploitation Data of 2005 showed that one in two
children aged 2-14 years old, are exposed to
psychological and physical forms of
punishment by their parents or relatives.
Children from poor families have the
highest records in this regard, 15 % of
children were exposed to psychological
form of punishment, 57% have experienced
slight physical form of punishment; 11% of
children severe physical form of
punishment.
For children from families with high
income level, the figures are respectively
1.7, 1.4 and 1.9 time lower.
Source: MICS 2005 – INSTAT
High level of unemployment and poverty
predispose negative disciplining behaviors.
Although training is provided to structures
in place (public school, policy department,
justice departments and social services),
there is a poor coordination and
consideration with priority to child abuse,
violence and exploitation. Also, there is a
lack of clearly defined procedure criteria
for identification and referral of child abuse
reported cases.
Consequently there is low record of cases
of child abuse and violence reported out.
Few services in place for prevention,
rehabilitation, and protection of children
victims of abuse, violence, and
exploitation.

Data from MICS 2005 is showing that about

12% of children aged 5-14 years old are
involved in paid and unpaid out of home
labor activities, and 10% engage in familiar
businesses.
In rural areas, child labor is 4 times higher
than in urban areas, and for poor children 10
times higher in comparison with children
from families with high income.
Report from Ministry of Internal Affairs
show that during 1992-2002 years,
Insufficient shelters and services in place
(permanent or emergency places) for
children victims of abuse and violence.
Lack of financial coverage by government
regarding issue of abuse and violence.
Low role of government to financial
contribution.
The actual services are funded mostly by
external donors.
 21
approximately 4000 children have been
victims of trafficking for exploitations in There is a lack of focus of local
neighbor countries, Greece and Italy. government for assessment of categories
Meanwhile data referred from Italy and most at need: poor identification of target
Greece, report a highest number of at need, lack of information and statistics,
trafficked children for exploitation, begging and no initiative promoted to building of
activities and organ transplant. new services and encouraging network of
service providers for prevention,
Majority of Roma children are forced by rehabilitation, and protection.
their parents to work on the streets (engaged
mostly in begging activities, washing
windows care and collection of tin can as
waste disposal sites)
Long stay in streets, in hot and cold weather
predispose increased risk for illnesses and
sudden death

X. is a girl born out of wedlock and

abandoned by her mother at 6 months old.
Up to 12 years old, she was raised by her
uncle, who decided to make the request for
placement of the child in public residential
institution, where she lives nowadays. X.
manifest consequences of abuse and
neglect. It is very necessary a deep
assessment of her situation and
investigation regarding relationships with
care persons.

Historically speaking, cases of child abuse

and violence have been reported out in
public residential institutions.
In 1993, in Shkodra orphanage (6-14 years
old children), children were severely abused
and forced to fast during religious holidays.
In 2005, in “His Children” Centre, cases of
sexual abuse were reported out.

Physical violence in public residential

institutions is at higher rate than violence
toward children at their biological families
and school. Approximately 50% of children
in public institutions report to have
experienced physical punishment.
Source: Human Development
Centre/UNICEF. Children violence in
Albania, 2006

Provision of care standards for children,

licensing of service providers by MLSAEO
and establishment of monitoring bodies
from the Social Inspectorate has minimized
flagrant/gross cases of abuse and violence.

Generally, children coming from

problematic families, divorced parents,
remarried parents, families with social or
mental health problems, are more at risk of
being abused (Child Abuse Report, CRCA
2006)
Lack of initiatives increasing child rearing
capacities of parents at risk or at need ( for
example parenting classes, mother –babies
units, family centers& counseling, etc)

4.4. Participation area (CRC art.12, 18, 23)
Main child Specific risks and problems
rights violations Children are facing
Right The opinion of child is not taken into
to express consideration regarding process of decision-
opinion making, especially reported from children
of Roma ethnicity
Children’s opinion and preference with
regards to secondary education is not taken
into consideration.
The decision-making for secondary school
is imposed to choice of vocational schools,
sometimes without consideration of
children’s will but picking up of schools
with dormitories.
“I wanted to go to high school, but my
educator and social worker opposed the
decision. They advised my registration on a
vocational public school, Hotel and
Tourism Branch. According to them, this is
more relevant because it provides more
financial resources for me in the future”
Source: Girl, 14 years old, Children’s
Home, Tirana
There is no effective mechanism for
children to address complaints. In public
residential institutions there are child
friendly complaint boxes where concerns
might be addressed, but there is no clear
data on number and concerns addressed by
the complaints, up to now.
Right to use Children from poor background, rural areas
services for and Roma community are less attending
children preschool education as a result of lack of
crèches and kindergarten in place
Poor families tend to neglect their children,
22
(Source. Alternative Report 2009 )
Causes for child rights
Violations
Patriarchal family mentality, according to
which children are not seen as actors in
decision making. In majority of cases,
especially in Roma ethnicity, decisions
regarding children are made by the head of
the family.
Low level of knowledge about rights of
children by family members and children
themselves.
No system in place for strengthening
children regarding their participation and
enable them to “have their say”
There is no specialized child friendly unit
in Ombudsman Office
Lack of after care supportive services and
low academic performance of children,
forces educators, and professional staff to
take decision not in accordance children’s
desires.
Inefficient complaint procedure in place.
There is a need to establish an independent
complaint mechanism out of the institution.
No preventive mechanism or structure at
disposal for assessment of situation of the
child through confidential interviews,
periodic visits etc.
Lack of preschool educational services
available for children in rural areas and
Roma community
Lack of daily care centers for children in
 23
by not being able to provide optimal care to need and children with special needs.
them. The daily challenges of life and
stressful events unable them to take care of
children starting from non fulfillment of
basic needs.
Right to Participation of poor children and those Low educational parent’s background and
participation from Roma community is not promoted. high level of poverty.
Biggest part of children working in the
streets is enforced to break peer relationship Lack of traditions and culture to promote
and tend to experience more inferiority. children’s participation
Poverty disables children to active
participation in internal and external school Low level of awareness, information and
activities. culture on children’s rights

Children in care report to be more involved

in care processes but they are isolated from
social exchange with their peers.

“I have friends here in the institution. But

at school I have just one friend” – Girl, 13 Institutionalization of children enhances
years old, Orphanage of Tirana. isolation/separation of children from their
peers.
4.5 Overview of child rights violation in families at risk (Table 1.4)
Families at risk from Family Strengthening Programme with minimal living condition standards (57.6%), lack
of social and economical assistance (67.9%) are deprived to offer qualitative care to their children.
Main risks children are faced with are:
 Lack of or poor access to health care services (82 %)
 Lack of entertaining opportunities and activities for children in their location (98.7%)
 Negative and harsh form of discipline – beating of children (50%)
 The opinion of child on decision making process is not taken into consideration (78.2%)
 No access to primary education and difficulties to follow the study (20.5%)
 No access to secondary education or difficulties to follow the study (17.9%)
 Lack of necessary educative support (17.9%)

5. RESPONSIBILITIES OF THE DUTY BEARERS AND THEIR MAIN

STRATEGIES
Albanian Government has undertaken deep reforms to transform the scheme of social protection that is
relevant for the fulfillment of economic and social needs of children. In this context, the preparation of new
social policies needs firstly the review of the existing legislation and the setting up of a new legal framework
for some not tackled aspects of the protection of children rights within the poor and socially excluded families.
This reform is happening in parallel with decentralization, aiming the increase of both: local authorities’
competencies and responsibility to provide services to citizens.

The rights of children without parental care and at risk of losing parental care can be defined in three main
domains: (i) service provision (ii) protection (iii) participation30.
Actually, there isn’t an existing Albanian law which provides legal definition of the” child”. The “child”
“child” is only defined in the penal Code of Albania.

Domain Right according to domain International legislation National legislation31

30
31
Main national laws
 24
1. Health and nutrition CRC (article 23, 24,27) Law no 8876, date
European Social Charter 04.04.2002, Article 22“On
reproductive health”
Provision of services
foreseeing issues of health for
children aged 0-6. on
reproductive health and on
HIV/AIDS
Law No 9952, date
14.07.2000 “On prevention
and control of HIV/AIDS”

2. Education CRC (article 28, 29) Law on pre university

European Social Charter education
3. Information CRC (article17) Law no. 8410 date
30.09.1998 “ On public and
private radio and television in
Republic of Albania” .
There are still missing sub
acts articulating explicitly the
child’s right to information
4. Social protection CRC (article26) Law no 7703 dated
European Social Charter 11.05.1993 “ On social
insurance system in Republic
of Albania”
DCM no.659 dated
17.10.2005 “For the standards
of social care services for
children in residential
institutions”
DCM no. 195 dated
11.04.2007 “On approval of
standards of social care
services in residential centers
for trafficked people or
people at risk of being
trafficked”
Law no 9355, date
10.03.2005 “On the economic
support and social services”
Law 9062, date 08.05.2003
“Family code”
Law 8153 date 31.10.1996
“On the status of orphan”
5. Housing CRC (article 27) Law on social housing,
no.9232, 13.05.2004
Protection

1. Name, identity and family
environment
2. Protection, violence and
neglect
3. Protection from financial
exploitation
CRC (article 5, 7, 8, 9, 10, 16, Law no. 9695 dated
18, 20, 22, 25) 19.03.2007 “On child
Hague convention adoption procedure and
Albanian Committee of
Adoption”
Law for civil state
CRC (article 19) Law no.9669 dated 18.2.2006
“On measures against
domestic violence”
CRC (article 32) DCM 205 date 09.05.2002
European Social Charter “High risk working
conditions” for children under
18 years old

4. Protection from trafficking,
sexual exploitation and other
forms of exploitation
CRC(article 11, 33, 34, 35, 36,
37)
Hague Convention
Convention of Council of
Europe
Convention no. 138
Convention no. 182 ILO
25
Law no. 7986 date
13.09.1995 “For the state
labor inspectorate”
“ Agreement of Council of
Minister Albania and
Republic of Greece”
DCM no. 195 dated
11.04.2007 “On approval of
standards of social care
services in residential centers
for trafficked people or
people at risk of being
trafficked”

5. Protection from forms of CRC (article 24,33) Law no.9669 dated 18.2.2006
violence European Social Charter “On measures about domestic
violence”

6. Protection from armed CRC (article 38)

conflicts Non compulsory protocol of
UNO
7. Justice CRC (article 39, 40) Penal Code of Albania, 1995
Participation

1. Right to opinion and CRC (article 12, 13, 14, 40)

religion
2. Right to free gathering
3. Right to leisure
CRC (article 15)
CRC (article 31) DCM no.186, date
24.04.2002 “On assistance
offered to orphans in cultural
and sports activities’

5.1. Duty bearers, their main responsibilities and constraints

Duty bearers Main responsibilities Constraints and obstacles in

fulfilling responsibilities
Ministry of Labor Ministry of Labor, Social Affairs and Equal MLSAEO coordinates with other
Social Affairs and Opportunities is the main State Body responsible for ministries and duty bearers at
Equal social protection, including its mandate responsibility central and local level.
Opportunities for poverty reduction and social care of groups and This partnership bears problems of
individuals in need poor coordination
Social State SSS is responsible for the implementation of the The decentralization process is
Service policies of MLSAEO slow in this regard.
 Programs and monitors fund use
 Drafts standards of services and proposes the
approval of new ones
 Analyses the need for social services as well
as the excluded social groups

The SSS is administered and directed from the

Council of Administration, which is the higher
decision making body.
Albanian Main duties of AAC are the acceptance of the Sometimes the best interest of the
Adoption submitted requests from Albanian and foreign child principle is violated by a not
Committee families that wish to adopt children, drafting of list of clearly defined “visible interest of
infants that can be adopted inside the country, the child” in the legislation
collaboration with licensed public and private service

providers and maternity hospitals through official
agreement.
Intra Ministerial It is the highest responsible authority which provides
Committee on monitoring and reviewing of national strategy of
children’s rights children and respective action plan
It creates relevant monitoring and assessment
mechanism in place and establishes measurement
indicators for monitoring and budgeting.
Technical It is an administrative body proposing policies that
Secretariat for relate to children’s rights. The technical secretariat is
Children to monitor the progress of implementation of the
National Strategy for children and its action plan and
raise awareness of duty bearers on dimensions of
challenges children are faced with, especially children
suffering social exclusion.
It identifies problems and institutional weaknesses
that impede implementation of the legal provisions.
One of the latest priorities (2008-2009) of Child
Technical Secretariat is preparation of child legal
framework and definition of relevant referral and
protection mechanism and responsibilities of actors
involved.
Maternities Abandoned children in maternities (in case parents
are not recognized) are provided with care by medical
staff till the decision of his/her placement in a public
residential institution for children aged 0-3 years is
taken.
26
Challenges in regard to
cooperation with public
institutions and preparation of
necessary documents and sending
of files and data.
Adoption within Albania is
realized without probation period
Lack of a Court of Minors to
review and prioritize cases of child
adoption
There is a lack of or poor
partnership with actors of civil
society.
The Intra Ministerial Committee
acts under the framework of
Ministry without established
cooperation with stakeholders and
service providers on child care
field.
In the view of bearing difficulties
of poor coordination with other
structures at central and local level
in terms of data gathering its role
is weakened and passive with this
regard.
No system of mutual information
exchange with local government.
Actually, some efforts are being
made to establish a statistical
system with/between respective
sectors at central and local level.
Referring to legal provision, local
government is the responsible
body for implementation of
national strategy of children but
due to low capacity and lack of
resources, actually there are no
child rights structures within the
local governmental departments.
In some maternities, there is lack
of a social expert to ensure
compiling of necessary
documentation for child
placement, link to governmental
unit, link to biological and close
relatives.
Only in the maternity of Tirana,
there is a multidisciplinary group
offering services for abandoned
children, comprised of social
worker, midwife, nurse, doctor,
social worker, etc.

Municipal child The child protection Units are established within the
protection unit administrative structures of municipal social services
under a memorandum of understanding between
respective municipality and the implementing NGO.
(13 CPU in total)
The CPU’s have three main functions ; to asses and
monitor the situation of children and families at risk,
to coordinate local level protection referral and
response and to conduct identification and multi-
disciplinary case management of the most urgent
cases
Families Biological families have responsibilities and right to
provide care, protection, and education to children
born in or out of wedlock.
Local According to the law “On the organization and
Government functioning of local government”, local authority is
responsible of delivery of economic assistance to the
families and individuals in need and drafting of
community development plan based on needs and
local priorities
At local level there are social service sections/offices
with an expert named social administrator. The Social
Services Law provides a wide range of social
functions for the Social Administrator, including the
coordination and delivery of social care services.
However, practice assessment reveals that the Social
Administrator’s role, in practice, is usually limited to
the administration of economic assistance and
disability entitlement.
In addition to the post of Social Administrator at the
27
Lack of database on number of
abandoned children
No evaluative analysis about role
and impact of CPU’s with regards
to fulfillment of children’s rights.
They are not functioning in all
cities of Albania.
There needs to be a much greater
recognition of the need to support
parents in the parenting task at all
levels of national governance;
Preventive work and early
intervention strategies in situations
of risk are crucial;
Non-violent parenting should be
promoted, incorporating the use of
alternatives to physical
punishment into parent support
programmes
Parent support should be an
integrated part of policy
development;
Loss of a relative and close person
brings depression and lack of
coping skills that impact child’s
development and situation.
Source. Interview. Representative
of Religious Organization
providing services for families at
risk
No system of identification in
place for families at risk
Lack of legal definition of
“children at risk of losing parental
care”
Lack of coordination with other
local public and non public actors
providing services for children
The role of communal/municipal
Social Administrators in
identifying child protection
concerns, proposing an appropriate
response and admissions to
residential care are not clear,
particularly to the Social
Administrators themselves. It is
 28
municipal/commune level, two additional structures important that a clear job
relevant to the child protection system presently exist description is agreed for Social
in a number of municipalities. The first structure Administrators, with a clear role in
consists of UNICEF-supported municipal Child referrals to social care services
Protection Units, whilst the second is the ILO/IPEC-
Low progress is made to
supported municipal Child Labor Monitoring
developing a reform in relation to
Committees structure. Both of these effectively service purchasing and gate
function as referral mechanisms. As such, they are keeping in local level
discussed in Part Four of this Section, below.

State Police On the central level and the Anti-Trafficking Section
department on the regional level, it makes referrals of asylum
seekers and victims of trafficking (including children)
to the shelters for the protection of victims. This is
conducted in collaboration with the local government.
UNICEF Areas of UNICEF country programme in Albania are:
social policy, information and advocacy, children’s
health and development, Child, youth and family
protection.
At the moment UNICEF is involved in foster care and
in designation of an integral law for children in
cooperation with MLSAEO
Increase social responsibility through funding several
Donors social projects
The police sector is also in need of
improved guidance and training.
There is the need of the
development and dissemination of
a national protocol for support and
assistance to child victims and
witnesses or crime and powers for
police to take emergency
protective action
Poor coordination with NGO’s
Most of donors in the country have
functioned on the basis of
“clienteles”

5.2. Strategies on child protection of the state duty bearers

There are different national strategies designed to ensure child protection and children’s rights in the country.
The main issue impeding implementation is lack of budgeting and cooperation between relevant and
responsible actors.

Social Protection Strategy 2007-2013: aims at reforming the payment system and social services. The fields
covered are reduction of poverty, improvement of payment in cash for families, extension of community-based
services, piloting of foster care and consolidation of the services of home family type.
Target: children living in absolute poverty, children living in deprived communities, remote villages and on
the edges of major cities, Roma and Egyptian children, children without parental care, disabled children,
trafficked children and children working in the streets.

National Strategy for Children 2005-2010

It is the most crucial and important document based on CRC and Albanian Constitution covering areas of child
development, protection and participation, education.
It defines the institutional mechanisms at central and local level on child protection issues and cooperation
with relevant duty bearers: MSE, MCYS, MH, and MJ.
Target: All the children
 29
Main actions foreseen for children without parental care are: setting up of new community based services for
children in every municipality, provision of alternative services for children to prevent institutionalization,
settip of special programmes to prepare youngsters for an independent life, implementation of foster care etc.

Foster Care Strategy 2008-2010

Foster care service will be piloted in two Municipalities and till 2013 it is aimed service expanse in the other
local government units in accordance with the needs and financial resources.

National Strategy for Disabled People (2004 – 2014)

The strategy foreseen prevention of disabilities through early assessment and treatment of emotional and
behavioral disorders; ensures education for disabled children through, designing of a new school curricula for
children, preparation of a practical guide, didactic material and integrating standards in order to support
school; piloting of new school nearby the university in an integrated approach, creation of a multidisciplinary
team to offer psycho pedagogical services for children, in integrated school and kindergarten.
Target: Children 0-6 years old

National Youth Strategy (2007-2011)

Developing recreational activities for marginalized children, children from minorities, children without
parental care; free vocational centers for youngsters, etc

Sectional Strategy of Employment 2007 -2013

It addresses the issue of children working to provide income to their families.
Main recommendation is to build vocational professionals courses for children.

National strategy for gender equality and domestic violence 2007-2010

The aim of this strategy is to determine institutional mechanisms for inclusion of gender related issues and
prevention of domestic violence.

Policies
Ministry of Labor, Social Affairs and Equal Opportunities is planning review of law No.8153 “On status of
orphan” and new amendment of Law no 9355 “On social services and economical assistance” prioritizing
services for children ageing out of care (aged 18-25).
Efforts are being made to develop capacity building structures providing training for staff that offers daily care
to children in public residential institutions.

MLSAEO cooperates with donors and NGO-s to develop community based services for children with
disabilities. As a result of the cooperation, 6 family home types for disabled children are built in Shkodra city
(north of Albania).

In all public schools across Albania, a decision of Ministry of Science and Education “On registration at school
for children without birth registration/certificate” is applied.
Despite efforts of MSE, a critical issue remains identification of unregistered Roma children. Actually, MSE is
in cooperation with UNICEF, Save the Children and Human Development Center and Roma associations
mapping Roma children.

5.3. Cooperation between duty bearers

In partnership with Albanian Foundation for rights of disabled children and German Technical Cooperation
(GTZ), during September – December 07, Social State Service organized training on standards of care for
disabled children in all public and day care residential institutions. 270 experts from local government, NGO-s
working on the field of disability, parents, and staff working with disabled children got trained on the topic.

UNICEF – In cooperation with General Police Department, qualification programs were enrolled on “Child
Protection,” building capacities of staff of State Police Department on issue of rights of the children, treatment
on policy department premises.

Social State services, supported by UNICEF offered training to professional staff of public residential
institutions about child care standards. 150 experts participated in the trainings.
 30
A manual on child protection is being prepared providing guidance and counseling to police staff on issue of
children under imprisoning circumstances.

6. Regions in the county where there is the greatest need for the children
and programs might have greater impact

Data from Social State Services, extracted from the official record book, shows that:
 30% of children in care (public and non public structures) are from region of Tirana.
 32% of children in care are from regions of Durres, Shkoder, Vlora, Elbasan.
 24% are from regions of Fier, Lezhe, Berat, Kukes, Korca
 14% are from regions of Gjirokastra and Dibra

Also, according to the Progress Report on National Child Strategy (May, 2008) most of the children already in
care come originally from North and Central Albania.

There are missing clear data defining children coming from rural versus urban area, due to fast moving of rural
population to urban areas.
From interviews with stakeholders, it is reported that most of the request for institutionalization of children are
from rural areas.

Data from LSMS 2005 shows that the poorest families are located in rural areas (55%) and 45 % in urban
areas. Most rural poorest area situated in the cities of Elbasan, Shkodra, Dibra and Kukes.
The poorest urban areas are those situated in the suburbs parts of the cities of Tirana, Durres, Lac, etc.

7. CONCLUDING COMMENTS AND RECOMMENDATIONS

 There is no clear social protection policy to support children without parental care and provide
services for supporting families at risk of losing care of their children.
 There is poor specification and inadequate application concerning “reintegration of children without
parental care.”
 There is no legal definition of children being at risk of losing parental care and no system in place for
identification of this category. As a consequence, there is lack of statistical and qualitative
information, regarding dimension and expansion of children being at risk of losing parental care,
throughout the region of Albania
 Cooperation between different stakeholders, care structures, service providers, social assistance office,
school, health system, and policy, functioning at local level bears problems of poor coordination.
 Legal provision on child care lacks by law acts and articulation of relevant mechanism regarding:
provision of necessary services for families in risk, provisions of alternative services; enforcement of
legal obligation of parents toward children; procedure and system in place for reporting and treating
abused and neglected children; supportive services for disabled children; no after care support to
ensure the reintegration of the child in the family and society.
 Lack of a clear concept regarding declaration of child abandonment. Some cases for adoption are
delayed and sometimes decisions are made not on the best interest of the child. Court for Infants is a
priority of highest importance.
 No welcoming emergency center for children in urgent situations ( abused, neglected, street children)
 No independent, child-friendly complaints systems available to protect children placed away from
their family environment
 The legislation does not provide special and extra treatment for those children who are both disabled
and without parental care
 Law on Assistance and Social Services does not contain a legal definition of children at risk, a legal
basis for child protection referrals, or a legal framework for addressing emergency child protection
situations.
 No professional expertise and specialized preventive services in place for children at risk of losing
parental care.
 Low level of awareness on children’s rights and enforced obligations for fulfillment of Convention of
Children’s Rights in different and relevant structures (schools, system of public health, care structures)
 31
 Legal provision on child protection is fragmentized. Legislation is built upon sectional policies
(education, health, social protection) not in alignment with the rights of the children. As a result,
existing legislation doesn’t have any impact in minimizing “social exclusion,” but mostly foresees and
limit benefit to the category being already included in the schema and as a result over represented.
Due to lack of intra institutional coordination, low knowledge, and awareness on dimension and root
causes, no policies are being designed, neither preventive programmes are implemented.

7.1. What additional services are required for children to grow in a

caring family environment?

1. Developing supportive services for families at need to prevent child placement in alternative care,
especially in rural areas that is showed to be most at risk.
2. Establishment of family planning centers and counseling for young and inexperienced mothers aiming
to raise parental capacities.
3. Application of a clear strategy for reunification of child in the biological family and undertaking of an
individual approach.
4. Developing appropriate services orientated toward poor families, single hood families, or single
mothers and families reunified with their children.
5. Building up of daily community based services for children with special needs to ensure their
rehabilitation and alleviating family situation.
6. Establishment of early intervention services to prevent aggravation of disabilities in children
7. Building up of family counseling centers
8. Growth of financial payment for poor families within the economical assistance program to assist
better their needs
9. Active employment policies and implementation in place for poor parents.
10. Strengthening of kinship foster care as the best alternative place for children separated from their
biological family
11. Awareness raising activities for parents to enable children growing in their biological families.

7.2. Actions to be taken by the SOS Children’s Villages, Albania in

the country

 Encourage decision makers in central and local level for implementation of new policies and become
active partner of development of a social protection policy for supporting families at risk.
 Offering of best practices in the field of child protection and prevention of child abandonment
 Undertake advocacy initiative ensuring improvement of legal regulations that prevent families to lose
care of their children and protect them from exploitation, neglect and abuse
 Introduce and share qualitative standards for child care (in SOS CV and Family Strengthening
Program)
 Expansion of supportive services for families at risk and family home based services in emergent
locations.
 Build capacity of relevant care structures in alignment with SOS approach for prevention of child
abandonment.
 Build allies and partnership with UNICEF and relevant stakeholders to better serve needs and rights of
children without parental care or at risk of losing it.
 Build awareness raising activities against stigmatization of children without parental care or at risk of
losing it.
 Encourage government to finance daily care centers
 Encourage local government unit to conduct deep assessments of families at risk
 Build awareness raising activities to increase social responsibility of business
 Establish services for out of home youngsters 14-18 years old.
 Expand services offered in SOS Children’s Villages through provision of short term placement
 Establish projects within family strengthening programme as mentioned under section 7.1, points 1, 2,
4, 5, 6.
 Establish educational projects for categories in need, as mentioned under section 4, point 4.2.
 32

BIBLIOGRAPHY

1. Analysis of the Child Protection System in Albania, Professor Carolyn Hamilton, Steen Malby, Gwen
Ross, April, 2007
2. Child Abuse in Albania, Children’s Human Center of Albania, August 2005
3. Unprotected Innocence – HIV/AIDS, Children’s Human Center of Albania, December,2007
4. Summary report of quality education on Balkan region, International Association for Solidarity,
November 2008
5. Pregnancy at risk – Report on prevention of child abandonment, Bethany Social Services, 2007
6. Women and children in Albania, Double Dividend of Gender Equality, Social research Centre,
INSTAT, 2006
7. Assessment of child care system and children without parental care, NACCS, October 2005
8. SOS Children`s Village- Albania- (2007)Children without parental care or vulnerable children, Policy
issues,
9. Progress report on National Strategy of Children, UNICEF, MOLSAEO- (2008)
10. Alternative Report, On Child Rights Situation, CRCA(2004)
11. Overview of the debate on children without parental care and possible models of care, Kinder
postzegels & Cordaid- (2006)
12. For the protection and alternative care of children without parental care, International Social Service
& UNICEF- (2006)
13. Rights of children at risk and in care. Changes in parenting: Children today, parents tomorrow,
Council of Europe- (2006)
14. Innocenti Research Institute - (2006) System in support of children without parental care Slovakia,
MONEE Counrty analytical report, UNICEF
15. Summary of legislation on social assistance and economic aid. MOLSAEO- (2007)
16. Country report on Human Right, Albania , Bureau of Democracy, Human rights and Labor, February,
2009
17. Assessment of the Child care system in Albania – Dr. Rea Magljlic and Mirela Muca, Unicef, July
2007
18. Report on child trafficking in Albania, Children’s Right Center of Albania, July 2003
19. Strategy of Social Inclusion Albania 2007-2013
20. DCM 1104, No 307, Foster Care Strategy Albania
21. Educational Situation Analysis of Roma Children in Albania, Study Report – Human Development
Center, UNICEF& Save the Children, Tirana, July 2007
22. Social Assistance and Child Poverty Reduction Impact, Institute of Public Policies and Social State
Service
 ANNEXES

Table.1.1 CONSULATION WITH STAKEHOLDERS

Name Agency Position Contact Details

Focus group with SOS Children’s Villages Albania National +355 4 2 378 517
NMT Managerial Team
Arnita Ponari SOS Children’s Villages, Albania Social Worker +355 4 2 378 517
Devis Graceni SOS Children’s Villages, Albania Pedagogical staff +355 4 2 378 517
leader
Orinda Shehu, SOS Children’ Villages, Albania Family +355 4 2 354 882
Nereida Caka Strengthening +355 4 2 268 152
Coordinators
Gazi Zida Social State Service, Albania Director + 355 4 230719
Irena Mitro Child Secretariat, Ministry of irenamitro@gmail.com
Labor, Social Affairs and Equal Director
Opportunities
Kadri Alia National Association of Orphans Director kadrialia@yahoo.com
Mohamed El-Waci Islamic Relief Director melwaei@gmail.com
Milika Dhamo Bethany Social Services Director mdhamo@albmail.com
Suzana Sakiqi Albanian Children’s Alliance National ssakiqi@yahoo.com
Every Child Coordinator of
ACA
Former Director of
Every Child
Rigelsa Relia Albanian Adoption Comittee Social Worker rigelsarelia@hotmail.com
Athina Teta Don Bosko Center Social Operator 0692293582
Rita Charity Missioners of Mother Conventual’s Sister 02224 83 56
Tereza, Religious agency
Etleva Luli Children’s Home (0-6 years old) Social Worker 02224 20 28
Shkoder
Sokol Murati Orphan Association, Shkoder Director 068 21 62 946
Floriana Hima UNICEF Albania Child Protection fhima@unicef.org
Officer
Leonard Guni Children of the World, Children of Director fbsh_dn@yahoo.com
Albania
Berti Stratoberdha Municipality of Korca Director pmdf_korce@yahoo.com

Table.1.2 Analysis of historical background of children in SOS Children’s Villages 04-08

First reason Second reason

20% lost their biological fathers 27.5% - poverty

17% lost their biological mother 17% - low child rearing parental capacity
22.8% parents with mental health problem 8.5% - parent with mental health problem
17% abandoned by parents at birth or 5.7% - other reason: depression, health
problembecause of emigration
8.5% grave mental problem of one parent
8.5% one parent suffering of depression
8% (app.) divorce, poverty, crime in family

- 22.8% children born out of wedlock

- 26% of children cared by close family relatives, after disintegration of biological families
 34
Table 1.3 Reasons behind placement in institutions – SSS 2004

Reasons behind placement in institutions

Biological orphans (both parents dead) 3%

Abandonment at birth 16 %
Divorced parents 14 %
Single-parented 30 %
Parents doing time in prison 7%
Parents with mental diseases/alcoholics 5%
Roma children (from extremely poor 7%
families)

Table 1.4 Young mothers and child abandonment – Bethany Report 2007
REASONS Percentage
1 Decision to abandon child 13%
2 Keep the child because of love 32.6%
3 Keep the child as it is the best 26.1%
alternative for him
4 Keep the child because of 17.4%
shame of abandoning him
5 Keep the child because of fear 8.7%
of institutionalization
6 Keep the child because of fear 2.2%
of him being trafficked
Proportion of Children in Public
Table 1.5 Proportion
Residential Care ofin
Children
Albaniain Public Residential Care from 1998 to 2005

70
Number per 100,000 Child

60
50
Population

40
30
20
10
0

Year
 35
Table 1.7 Data reported out of 78 families at risk
Family Strengthening Project Sauk and Shkodra - Albania

CRC Main risk faced by children Percentage

Birth registration 6.4%
Lack of education for disabled children 12.8%
Living under minimal conditions 57.6%
Isolation from community due to far distance 35.8%
Survival and No access or difficulties faced on primary education 21.7%
development No access or difficulties faced on secondary 20.5%
education
No educative support 17.9%
Lack of entertainment 98.7%
Separation from parents due to divorce and 19.2%
emigration
Participation Opinion of child not taken into consideration 78.2%

Protection Negative child discipline 50%

Non Verbal and non verbal offences to child background, 26.7%

discrimination ethnicity or religion