Traditionally in Albania, gender legal definition has been limited to two categories: husband and wife. But a fundamental amendment is being proposed through the new draft law “On Gender Equality”, which is currently in the Assembly. The final draft contains a comprehensive approach, paving the way for the legal recognition of gender identities, beyond the classic concept.

How the definition changed

Initially, when the bill was laid for public consultation in March 2025, the definition was clear and close: Women and men within the meaning of this law also means girls and boys.

But during the consultation process, the LGBTI Alliance demanded that the law not be limited to two gender categories, but to include other identities, as happens in many Western countries that have known more diverse gender realities.

The Ministry of Health and Social Welfare accepted this proposal, and in the final version, now the term ****” takes on a new legal meaning: Gjini, according to this law, has a comprehensive meaning in accordance with the principles of equality and non-discrimination regarding identity and gender expression.

This change is reflected in other articles of the law, making it clear that it is not just a linguistic modification, but about a conceptual and legal change that recognizes gender categories beyond husband and wife.

However, the law does not include a concrete list of non-binary genders, leaving open interpretation and practical implementation.

In international debates, up to 70+ gender identities have been identified, from the most common as non-binary, queer, or agnor, to more specific categories. Legal recognition of these identities can be challenging for the practical implementation of the law, especially in terms of quotas and institutional representation

One of the innovations of the draft law is to determine 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.

Although 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, raises serious questions about practical implementation, especially in relation to representation quotas and existing institutional structures. The question that can spark the debate is: How will the gender quota work when the genders are no longer known?

In a system of only two genders (men and women), the separation is clear: e.g., 30% women, 70% men or 50%-50%. But if the law recognizes more than two genders, then the quotor separation becomes mathematically impossible, if each should be guaranteed a minimum of representation (e.g., 30%).

If adopted in this form, Albania will become one of the first countries in the region to legally recognize gender identities beyond men and women, paving the way for broad social and institutional debate on identity, equality and real representation