A request for the suspension of the law "For Gender Equality" and the idea of a popular referendum to abolish it have brought the constitutional limits of direct democracy in Albania into debate.
While some groups are calling for the law to be tested by popular vote, lawyers point out that the Constitution prohibits referendums when it comes to issues that affect fundamental human rights and freedoms.
The referendum initiative and the reasons why the law is opposed
On December 30, 2025, the representative of the Conservative Center "Albanian Coalition for Family and Life", Aklil Pano, published on social networks filing a request with the Constitutional Court with the object: “Immediate suspension of the implementation of Law No. 64/2025 'On Gender Equality'”.
The Muslim Forum of Albania and "Diaspora for a Free Albania", represented by lawyer Klodian Rado and Isuf Shehu, have also become supporters of this initiative.
Contacted by Citizens.al about the progress of the process and the attempt to hold a popular referendum regarding the ban on the gender equality law, Pano emphasized that he does not give interviews. "for printed newspapers". But, regarding the referendum, he said that it will be considered a step after the decision that the Constitutional Court will make.
Otherwise, lawyer Klodian Rado agreed to speak more extensively for Citizens.al, where he listed several reasons why the aforementioned groups have requested the repeal of the law.
According to him, the main procedural violations are related to the lack of effective public consultation, the lack of a real financial report under Article 82/1 of the Constitution, and the failure to respect the constitutional procedure of voting article by article, under Article 83.
"The Diaspora for a Free Albania, despite having sent several requests, even in written form, to be part of the consultations, has never been invited to any of the discussion tables," Rado told Citizens.al.
He added that both the “Conservative Center/Pro-Family and Life Coalition” and the “Muslim Forum of Albania,” even when they were invited to one or two meetings, have in practice had a "formal participation", since none of their concerns and suggestions – according to Rado – were reflected either in the accompanying report of the draft law or in the final text.
Citizens.al contacted the Ministry of Health and Social Welfare to clarify these claims.
The Ministry emphasized that during the public consultation phase, the Coalition and the Interreligious Council of Albania had the opportunity to present their opinions through Electronic Registry of Public Consultations, "but they have not submitted any requests or comments during this period."
According to the ministry, only after the approval of the draft law in the Council of Ministers “Two official requests have been submitted by these groups, which aimed to withdraw or amend key provisions of the law on gender equality.”
According to the Ministry, their arguments did not constitute technical comments on improving the law, but “moral or ideological stances against the essence of the legal initiative.” For this reason, these requests could not be considered part of the formal public consultation process, which had been completed before the approval of the draft law by the Council of Ministers.
"The Ministry remains the explanatory and technical actor of the initiative, while decision-making had passed to Parliament and consequently the request of interest groups to reject the law should have been addressed to Parliament," concludes the ministry in its explanation to Citizens.al.
According to the new law on gender equality, in a reported case of discrimination, harassment or sexual assault, the burden of proof falls on the accused and no longer on the victim.
This change is described by lawyer Rado as problematic as it creates a procedural mechanism that in practice may violate the presumption of innocence, deviating from constitutional standards and those of due process.
"When a person, institution or professional is treated as if they must prove their innocence, while the accusation is based on 'assumptions', we have a dangerous deviation from constitutional standards and due process of law," he points out.
Referendum on the gender equality law?
On January 12, the State Election Commissioner approved the request to provide a form for collecting signatures for a general referendum to repeal the law. "For Gender Equality".
The Constitution of the Republic of Albania recognizes the referendum as an instrument of participatory democracy. Article 150 provides that "citizens, through 50,000 citizens with the right to vote, may request a referendum to repeal a law or on issues of particular importance."
But Dea Nini, a human rights lawyer, explains that Article 151 of the Constitution defines the material boundaries within which the referendum can be held.
"According to this provision, issues related to the territorial integrity of Albania, the limitation of fundamental human rights and freedoms, the state budget and taxes, the establishment or lifting of a state of emergency, as well as the declaration of war, peace and amnesty are excluded", Nini emphasizes.
So, unlike Article 150, which opens up the space for referendum, Article 151 limits that space by clearly defining the issues that cannot be subject to referendum.
"The repeal of this law, through a referendum, would have the legal effect of affecting the level of protection of fundamental human rights in the field of equality and non-discrimination, placing the subject of the request within the category of issues that Article 151, paragraph 2, excludes from any referendum," she concludes.
Regression on the road to the European Union
The Ombudsman Institution told Citizens.al that the repeal of a law that guarantees advanced international standards, built on the recommendations of international organizations, would constitute a step backward in the legal and institutional protection of fundamental rights and freedoms.
"This regression would be significant for a country that aspires to integration into the European Union, as the process of rapprochement with the EU does not only imply formal approximation of legislation, but above all substantial and progressive respect for European standards in the field of human rights," analyzes the Commissioner from the Ombudsman, Vilma Shurdha.
This institution recalls that the law "For Gender Equality" aims to achieve equality in all areas of public and private life, addressing discrimination and promoting equal opportunities in a wide range of contexts.
"The law contains specific provisions regarding issues of wages, social security schemes, access to employment, vocational training, working conditions, as well as pregnancy and parental leave," it is stated in the institution's response to Citizens.al.
Regarding the fact whether this structure will take a public stance on the request for a popular referendum to repeal the law, the Ombudsman emphasizes that any statement on the material content of the initiative should be treated with caution.
This approach is argued to avoid creating the perception of exceeding competences or interference in an area that, according to the Constitution, belongs exclusively to the Constitutional Court.
Law no. 64/2025 "For Gender Equality" was proposed by the government during 2025 as part of initiatives to approximate Albanian legislation with European Union standards and international human rights conventions.
The draft law was consulted on the public consultation platform and went through all the legal hoops before going to parliament. But after it was passed for approval, there were harsh reactions online – much of which was based on misinformation and hate speech.
The new law aims to strengthen mechanisms against gender discrimination and promote equal opportunities in employment, education and public life. It includes provisions related to wage equality, access to the labor market, social protection and policies for balancing family and professional life.
Read also:
- Gender equality in the Balkans: Slow progress amid disinformation and religious dogma
- The positive elements brought by the draft law on gender equality
- Why gender equality leaflets shouldn't scare us
He completed his master's studies in the department of Journalism and Communication Sciences at the University of Tirana. She has been reporting for more than four years in Citizens.al on issues of culture, urban development, feminism, etc. She is also a contributor to other local and foreign online media, and has worked in the editing of various materials. She is the author of the podcast "Pezull" on Citizens.al and is engaged as a coordinator of projects related to the empowerment of young journalists and migration issues.
