‘’The position of Albanian women in customary law and its effects on subsequent developments: A comparative perspective’’

Session

Law

Description

The object of treatment of this paper is the comparative presentation of the woman's position, according to the Albanian customary law and the modern one, regarding the status of gender equality compared to the man. It is known that the issuance of legal norms and their application should be examined according to the context of the time and the social, economic and political circumstances that have been a relevant indicator. Therefore, the creation of the norms of the Albanian customary law belongs to the earlier periods of time that were applied by the Albanians. This unwritten right has been expanded, shaped, preserved and transmitted orally from generation to generation until the 20th century, when it began to be summarized and codified through Albanian canons. For the most comprehensive documentation of the woman's position in the family community and in society, the authors have treated from different perspectives the entire time from the age of birth to death. According to the old law, it turns out that even though the woman was oppressed in relation to the man, she nevertheless enjoyed a multitude of rights which the man was obliged to implement precisely. It should be emphasized that the life, bodily integrity, honor, irresponsibility and inviolability of women in the various conflicts caused between Albanian families are considered to have been a special object of protection with the norms of this traditional right. Today, women enjoy many rights in our society, but some rights, such as those of a social and political nature, still depend on the canonical norms established in society.

Keywords:

woman, gender equality, Albanian customary law, positive law, politics.

Proceedings Editor

Edmond Hajrizi

ISBN

978-9951-550-50-5

Location

UBT Kampus, Lipjan

Start Date

29-10-2022 12:00 AM

End Date

30-10-2022 12:00 AM

DOI

10.33107/ubt-ic.2022.250

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‘’The position of Albanian women in customary law and its effects on subsequent developments: A comparative perspective’’

UBT Kampus, Lipjan

The object of treatment of this paper is the comparative presentation of the woman's position, according to the Albanian customary law and the modern one, regarding the status of gender equality compared to the man. It is known that the issuance of legal norms and their application should be examined according to the context of the time and the social, economic and political circumstances that have been a relevant indicator. Therefore, the creation of the norms of the Albanian customary law belongs to the earlier periods of time that were applied by the Albanians. This unwritten right has been expanded, shaped, preserved and transmitted orally from generation to generation until the 20th century, when it began to be summarized and codified through Albanian canons. For the most comprehensive documentation of the woman's position in the family community and in society, the authors have treated from different perspectives the entire time from the age of birth to death. According to the old law, it turns out that even though the woman was oppressed in relation to the man, she nevertheless enjoyed a multitude of rights which the man was obliged to implement precisely. It should be emphasized that the life, bodily integrity, honor, irresponsibility and inviolability of women in the various conflicts caused between Albanian families are considered to have been a special object of protection with the norms of this traditional right. Today, women enjoy many rights in our society, but some rights, such as those of a social and political nature, still depend on the canonical norms established in society.