New law on children rights and protection

Official Bulletin no. 43, dated 9 March 2017

Parliament of the Republic of Albania, on 23.2.2017, approved Law no.18 / 2017 “On children rights and protection”, which defines the rights and protection that must be guaranteed to every child, the mechanisms and responsible authorities to ensure an effective exercise of rights, respect and promotion of these rights and special protection of the child.

The law aims to accomplish the purpose of children protection by improving the legal and institutional framework aimed at ensuring the welfare and improving the children’s quality of life, by taking measures to ensure livelihood, survival, development and exercise of their rights , providing effective mechanisms and setting up an integrated and functional protection system which prevents all forms of violence, abuse, exploitation and child neglect.

This law applies to children of Albanian nationality, stateless or of foreign nationality, but located within the territory of the Republic of Albania, and also children of Albanian nationality, located outside the territory of the Republic of Albania, always respecting the fundamental principle which is the child’s best interest, that implies the right of the child to have a healthy physical, mental, moral, spiritual and social development, as well as to enjoy a family and social life appropriate to the child.

First, the law reaffirms as its fundamental principle the child’s best interest, as well as specifies which are the basic rights guaranteed to children as the right to life, the right to a name, nationality, to know their parents and preserve the identity, the right to stay with their parents, the right to family reunification etc.

In the second chapter the new law defines which are the institutional mechanisms established in order to guarantee children right and protection. The bodies appointed by law in the field of child protection are the National Council for Children Rights and Protection, the State Agency for Children Rights and Protection, the department responsible for social services within the municipalities as well as the unit for child protection. This chapter sets out the duties and rights of the above bodies and the role of local governments in protecting children.

Furthermore, the law contains provisions regarding specific child protection measures, by addressing in a separate chapter protection measures for each category of children such as abused, neglected, mistreated and violated children.

Special attention is given to provisions relating to monitoring and reporting on the respect of children rights, by defining as persons obliged to report on any suspected or real case of abuse, neglect or child exploitation every individual or legal person who has information, every employee of public and private institutions in direct contact with children due to its profession, teachers and psycho-social service providers, employees of medical institutions or child care etc.