Bench Memos

NRO’s home for judicial news and analysis.

Kosovo’s Draft Constitution


The people of the newly declared Republic of Kosovo are free to adopt whatever constitution they see fit, but somehow I suspect that the draft constitution that has been promulgated by the Constitutional Commission of Kosovo reflects the dominant influence of left-wing international NGOs (“our international friends”) rather than the values, beliefs, and sentiments of Kosovars.  Among other things, that draft would confer—or, rather, impose—on the predominantly Muslim population of Kosovo a right not to be discriminated against on the basis of sexual orientation (Article 24.2), which together with Article 37’s marriage rights, would appear to create a right to same-sex marriage, and an apparent right to abortion at any point in pregnancy right up until birth (see Article 25.1 and Article 26(1) and (2)).  It also would impose directly as domestic law (see Article 22) a slew of international agreements, including the radical feminist tract euphemistically named the Convention on the Elimination of All Forms of Discrimination Against Women, which, among other things, will ensure that Kosovar women don’t have to suffer the indignity of Mother’s Day

Tags: Whelan


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