DP MP, Tritan Shehu, has announced that a draft law 'on the protection of children and young people from gender propaganda in the Republic of Albania' has been submitted to the Parliament.

Shehu explains that this law aims to protect children and young people up to the age of 22 from any form of content, influence or propaganda that addresses issues of gender identity, sexuality or changing biological characteristics, or promoting abortion, in a manner inappropriate for their age and level of development.

It also adds that educational bodies, institutions and pedagogical personnel are obliged to ensure the implementation of this article, by verifying teaching content and activities, as well as by notifying the competent authorities of any possible violations.

Full status;

The Draft Law: ON THE PROTECTION OF CHILDREN AND YOUTH FROM GENDER PROPAGANDA IN THE REPUBLIC OF ALBANIA, "AMENDED" was submitted to the Parliament

In accordance with Articles 78, point 1, and 81, point 1 of the Constitution, upon the proposal of the deputies, the Assembly of the Republic of Albania

DECIDED:

Article 1

Objects

1. This law aims to protect children and young people up to the age of 22 from any form of content, influence or propaganda that addresses issues of gender identity, sexuality or changing biological characteristics, or promoting abortion, in a manner inappropriate for their age and level of development.
2. In particular, the law aims to:
3. a) to guarantee that pre-university education protects minors from premature exposure to complex concepts related to gender and sexual identity, the departure from the concept of a family of one man and one woman, i.e. with parents Mother and Father, and the promotion of abortion;
4. b) ensure that pre-university education remains focused on knowledge based on scientific and developmental standards, appropriate for age;
5. c) prohibit any form of active influence, promotion or orientation aimed at shaping the beliefs of minors or young people up to the age of 22 in these areas;
6. c) to strengthen the primary role of parents and the family in the moral and social education of children and young people;
7. d) ensure that any intervention in the physical or psychological development of minors and young people is based on proven medical needs and in accordance with strict professional standards.
8. The implementation of this law is carried out in accordance with the principle of the best interests of the child and young people, as well as with the fundamental rights and freedoms guaranteed by the legislation in force. The provisions related to transparency, information and informed consent also apply to young people from 18 to 22 years of age, without prejudice to academic freedom, freedom of expression and other fundamental rights.

Article 2

Purpose

This law aims to:

1. a) Prohibition in pre-university education of any material, program, activity or communication that actively promotes or presents concepts of variable gender identity, sex change or alternative forms of family structure outside the traditional one, as inappropriate for the age and development of students.
2. b) Prohibition of propaganda directed at minors in public spaces, media, publications or digital platforms, when this propaganda addresses issues of gender identity or sexuality, or changing the concept of the family from that of a man and a woman, and which may affect their psychological and emotional development.
3. c) Prohibiting the participation of minors in activities, organizations or initiatives, including extracurricular ones, that aim to actively promote issues of fluid gender identity or sexuality, LGBTQ family concepts, etc.

ç) Establishing clear restrictions on medical, invasive or drug-based, as well as psychological interventions related to changing sexual characteristics or gender identity, requiring that any such intervention be in accordance with age, maturity and international objective scientific standards.

1. d) Guaranteeing the role of parents, by making it mandatory to inform and approve them for any educational material, activity or program that addresses sensitive issues of the personal and social development of minors.
2. dh) Ensuring the proportionality of measures, guaranteeing that the implementation of this law is carried out in compliance with fundamental rights. Any action, activity, material or communication that directly and intentionally aims to shape the beliefs, attitudes or personal identity of children, outside the primary role of the family and contrary to age-appropriateness, is prohibited.

Article 3

Definitions

In this law, the following terms have the following meanings:

1. "Responsible authority" is the state body or institution, structures at central or local level, which, within its/their field of activity, drafts policies and exercises responsibilities in the field of child rights and protection, performs and covers specialized and professional services for children.
2. “Child” is any person under the age of 18. In the case where the age of the person is impossible to determine accurately, but there is reason to believe that the person is a child, he is considered a child, within the meaning of this law, until his age is determined in accordance with the legislation in force.
3. “Child participation” is a continuous process of active involvement of the child and respect for his or her right to express himself or herself and to be heard at all levels of decision-making on issues that concern him or her.
4. "Parent" is the person who gave birth to or adopted the child, whether as a couple or alone, married or not, or who has acknowledged the motherhood or paternity of a child born out of wedlock.

Article 4

Scope of application

This law applies to children and young people up to the age of 22, with Albanian citizenship, stateless or with foreign citizenship, who are located in the territory of the Republic of Albania.

Article 5

General principles

1. The realization and protection of the rights of children and young people, as defined in this law, are based on the following principles:
2. a) Children and young people are bearers of rights, which are universal, inalienable, indivisible, interdependent and progressive.
3. b) The best interests of the child and young people shall be a primary consideration in any action or decision-making relating to them.
4. c) Equality and non-discrimination are guaranteed for every child and young person, without any distinction.

ç) Parents and/or legal guardians bear the primary responsibility for creating living conditions and ensuring the well-being, development, welfare, education and upbringing of the child and young people.

1. d) Every child and every young person has the right to live and grow up in an appropriate family and social environment.
2. dh) Respect for the dignity, honor and personality of children and young people is guaranteed in all circumstances.
3. e) Participation, listening and respect for the opinion of children and young people are guaranteed, in accordance with their age and ability to understand.
4. This law ensures stability and continuity in the care, upbringing and education of children and young people, taking into account their ethnic, religious, cultural and linguistic identity.

Article 6

Ideological and gender neutrality in pre-university and university education

1. The pre-university and university education system in the Republic of Albania guarantees an ideologically neutral learning environment that respects biological differences, the dignity of the individual, and the fundamental values ​​of the family as the basis of society.
2. It is prohibited to include in curricula, textbooks, teaching materials, school or extracurricular activities, as well as any other educational activity, concepts, practices or content that actively promote or present:
3. a) gender relativism;
4. b) ideas that suggest that gender is a social construct that is different from biological sex;
5. c) change in sexual characteristics;

ç) alternative family structures that do not conform to the traditional concept of parent, mother and father;

1. d) promoting abortion.
2. Any action, activity, material or communication within the educational process that directly and intentionally aims to shape the beliefs, attitudes or personal identity of children and young people, outside the primary role of the family and contrary to their age-appropriateness and psychological and emotional development, is prohibited.
3. The use of symbolism, terminology or grammatical forms that avoid binary gender (male/female) in official documentation, didactic materials or educational activities is prohibited throughout the pre-university and university education system.
4. Educational bodies, institutions and pedagogical personnel are obliged to ensure the implementation of this article, by verifying teaching content and activities, as well as by notifying the competent authorities of any possible violations.
5. Violation of the provisions of this article constitutes an administrative offense and is dealt with according to the legislation in force, including the imposition of sanctions on the individuals or institutions responsible.

Article 7

Transparency and obtaining prior parental consent

1. Pre-university educational institutions have a legal obligation to make all teaching materials, curricula, supplementary modules, textbooks, and audiovisual materials that address sexuality, sexual orientation, or gender identity transparent to parents.
2. Any activity, teaching, lecture or project related to sex education, reproductive health or sexual orientation in pre-university education must be officially notified to parents at least 30 (thirty) days in advance. During this period, parents have the right to request additional clarification, view presentations or handouts, and consult with teachers and administrators of the educational institution on the suitability of the material for the child's age.
3. The participation of students in these activities is not permitted without the prior submission of a written consent/authorization by the parent or legal guardian. The consent/authorization form is approved by joint order of the Minister responsible for education, the Minister responsible for children and youth, and the Minister responsible for health. The refusal of the parent or legal guardian to allow the child to participate in certain activities cannot result in negative academic, disciplinary consequences or forms of discrimination against the child.
4. Hiding materials, presenting information without the prior knowledge of parents, or bypassing the 30-day deadline constitute serious disciplinary violations for teachers and institution leaders, and give rise to civil lawsuits by parents for violations of the rights guaranteed by this law.
5. Only organizations or entities authorized by the Ministry responsible for education, after a strict control of their materials, may offer external training in educational institutions. Any external activity that promotes gender relativism or ideas that suggest that gender is a social construct that is variable from biological sex, freedom of abortion for minors or students, is prohibited.

Article 8

Prohibition of content and propaganda inappropriate for minors and young people in the media and public spaces

1. It is prohibited to distribute, broadcast or publish on radio, television, online platforms, social networks, printed publications, as well as in any other form of public communication, content that addresses or promotes issues of gender identity, sexuality or changes in biological characteristics, when such content, due to its content, language or form of presentation, is not appropriate for the age of children and young people.
2. Any distribution or promotion of content directly aimed at minors and which, due to its content, language or form of presentation, is not suitable for their physical, psychological and moral development is specifically prohibited.
3. This prohibition applies in any public or accessible environment by minors, including, but not limited to:
4. a) public open spaces;
5. b) educational institutions;
6. c) cultural, sports and recreational facilities;

ç) digital platforms and audiovisual media.

4. Entities that provide media services, publications and publications, as well as digital platforms, are obliged to take effective measures to:
5. a) limiting minors' access to age-inappropriate content;
6. b) classification and clear signaling of content according to age groups;
7. c) implementation of age verification and content filtering mechanisms;

ç) avoiding any form of active promotion of this content to minors.

5. Any form of organization, promotion or distribution of such content, specifically directed at minors or easily accessible by them, is considered a violation of this law and is sanctioned according to the provisions of the legislation in force.
6. The implementation of this article shall be carried out in accordance with the principle of proportionality and in respect of freedom of expression, while guaranteeing the effective protection of the physical, psychological and moral development of children and young people.

Article 9

Restricting the participation of minors and young people in activities

1. It is prohibited to involve, organize or encourage the participation of children under the age of 18 in activities, organizations or public initiatives that actively address or promote issues of gender identity, sexuality or other sensitive topics of personal development, when these are not appropriate for their age and level of maturity.
2. Organizers of public activities are obliged to take measures to:
3. a) verification of the age of participants;
4. b) clearly defining the nature of the activity and its content;
5. c) prohibiting access to minors and young people in cases where the content is inappropriate for them.
6. The participation of minors and young people in activities that involve the handling of sensitive issues is permitted only after submitting express written consent from the parent or legal guardian.
7. Any form of influence, pressure or direct involvement of minors and young people under the age of 18 in activities aimed at shaping their beliefs in these areas, contrary to their best interests, is prohibited.
8. Violation of the provisions of this article constitutes an administrative offense and is sanctioned according to the legislation in force.

Article 10

Limitation of interventions to alter biological sexual characteristics

1. It is prohibited to perform any medical, surgical, invasive or non-invasive intervention, as well as any intervention of a psychological or therapeutic nature, which aims to change the biological sexual characteristics of individuals under the age of 22.
2. For the purposes of this law, such interventions include, but are not limited to:
3. a) administration of hormones or medications that affect sexual development;
4. b) surgical procedures aimed at changing sexual characteristics;
5. c) other medical, psychological or therapeutic treatments aimed at transforming biological sexual characteristics or the identity associated with them.
6. It is specifically prohibited to perform the interventions provided for in point 1 on children, except in cases where there is a clear medical indication, documented and based on internationally accepted standards, and when the intervention is necessary to protect their physical health.
7. In any exceptional case, the decision to allow the intervention is made by an independent multidisciplinary commission, composed of specialists in the relevant fields, which acts in accordance with the procedures established by sub-legal acts and based on:
8. a) the principle of precaution and prevention of harm;
9. b) the best interests of the child;
10. c) complete medical, psychological and developmental assessment of the individual.
11. Any intervention carried out in violation of the provisions of this article is considered a serious violation and entails liability:
12. a) administrative, according to the legislation in force;
13. b) criminal, when provided for by law, for the individuals or entities responsible.
14. The implementation of this article is carried out respecting the best interest of the young person and the principle of health protection, taking into account the level of physical, hormonal and psychological development of the individual, as well as internationally accepted standards in the field of medicine.

Article 11

Administrative offenses and sanctions

1. Violations of the article on the prohibition of gender propaganda and inappropriate ideologies in pre-university and university education:
2. a) Natural person: fine from 50.000 to 100.000 lekë;
3. b) Legal entity (educational institutions, public/private organizations): fine from 100.000 to 200.000 lekë;
4. c) Pedagogues, teachers or other employees who act in violation of this article: fine from 60.000 to 120.000 lek.
5. Violations of the article on the prohibition of propaganda in the media, the internet and public spaces:
6. a) Natural person who distributes or promotes prohibited content: fine from 40.000 to 80.000 lekë;
7. b) Media entities, online platforms or organizations that allow distribution of content: fine from 100.000 to 250.000 lekë;
8. c) Editorial managers or platform managers: fine from 60.000 to 120.000 lek.
9. Violations of the article on limiting the participation of young people under 22 years of age in propaganda activities:
10. a) Organizers of activities involving children or young people under 22 years of age without parental consent: fine from 50.000 to 150.000 lekë;
11. b) Institutions or organizations that do not supervise and implement the restriction: fine from 100.000 to 250.000 lek.
12. Violations of the article on medicinal, surgical, invasive or psychological interventions to change the sexual characteristics of young people under 22 years of age:
13. a) Natural person (doctor, psychologist, or other professional): fine from 200.000 to 500.000 lekë, suspension of the license to practice the profession for up to 12 months;
14. b) Health institution where the intervention is performed: fine from 500.000 to 1.000.000 lek, temporary suspension of activity for up to 6 months;
15. c) For any intervention carried out in violation of the article, the individual and the institution shall bear civil and criminal liability according to the legislation in force.
16. Violations of the article on the right of parents to information and consent:
17. a) Entities that do not inform or obtain parental consent for activities, interventions or content for children and young people under 22 years of age: fine from 50.000 to 150.000 lekë;
18. b) In case of repetition, the prohibition of the activity and the obligation to compensate for the material and moral damage caused may be ordered.
19. Repeated violations may lead to more severe administrative measures, including suspension of activity, temporary closure of the institution or platform, and direct liability for the individuals responsible.

Article 12

Bylaws

Within two (2) months from the entry into force of this law, the consent/authorization form shall be approved, by joint order of the Minister responsible for education, the Minister responsible for children and youth, and the Minister responsible for health, in accordance with the provisions of Article 7 of this law.

Article 13

Entry into force

This law enters into force 15 (fifteen) days after its publication in the Official Gazette.