Inclusive gender, 'parent 1', 'parent 2': where the law stands and where the misunderstanding begins
2025-09-25 15:04:56
TiranaPost
A broad debate has begun in Albania after the submission to Parliament of the draft law on “Gender Equality”, which changes the way gender is defined in law. Until now, the law only recognized two genders: man and woman. The new draft, however, introduces a new definition: the term “gender” becomes “inclusive gender”, aiming to include other identities beyond the classic ones.
Initially, the draft bill that was released for public consultation in March had a very clear Article 4: “Women and men,” including girls and boys. But during the process, the LGBTI Alliance requested that the definition be expanded beyond the man-woman binary. This request was accepted by the Ministry of Health and Social Welfare, leading to the new wording:
"Gender", according to this law, has a comprehensive meaning in accordance with the principles of equality and non-discrimination regarding gender identity and expression.
In television debates, it has often been said that this will affect the family and the way the roles of father and mother are conceived, but in this regard, Daniela Kalaja has clarified: The draft law does not affect the family, nor biological sex. There is a clear legal regulator for the function and marriage in Albania. The only change that the law includes is the term inclusive gender instead of the word gender, to clarify once and for all that biological sex (innate, natural, universal) differs from gender identity (learned, socio-cultural and variable in time and space). When talking about gender identity, there are differences, racial, class, geographical, economic, social, political beliefs, religious, sexual orientation and many others. This is the meaning of the word inclusive gender. The goal is to guarantee that no one is discriminated against but that everyone has equal opportunities and the same social inclusion. It is up to us, who educate generations in this field, to accurately and fairly clarify this deliberate misunderstanding and disinformation that only sows hate speech and aggression.
One of the innovations of the draft law is the definition of mandatory gender representation in public and private institutions, from 30% to 50%. This applies to: Legislative power, Executive power, Judicial power, Central and local public administration, Influential private sectors.
While the draft law on Gender Equality marks an important step towards the inclusion of non-binary gender communities in the Albanian legal framework, at the same time, it raises serious questions about its practical implementation, especially in relation to representation quotas and existing institutional structures. The question that may spark debate is: How will gender quotas work when genders are no longer known in number?
In a system with only two genders (men and women), the division is clear: e.g., 30% women, 70% men or 50%-50%. But if the law recognizes more than two genders, then quota division becomes mathematically impossible, if each must be guaranteed a minimum representation (e.g., 30%).
If approved in this form, Albania will become one of the first countries in the region to legally recognize gender identities beyond man and woman, paving the way for broad social and institutional debate on identity, equality, and real representation.
