The Blatant Ableism Of The Albanian Constitution

An intentional silencing of the neurodivergent

Emily Dioptase
2 min readJan 8, 2021
The flag of Albania, a two headed black eagle on a red background.
Kaceli, Sadik. “Flag of Albania.” Wikipedia, Accessed 8 Jan. 2021.

Disclaimer: this article contains mentions of ableism.

As you probably know, the Republic of Albania is a small Balkan country plagued with a past of fascist occupation and Stalinist dictatorship. Today, it is a liberal democracy, with an electoral system that could be best compared to the United Kingdom, with citizens voting directly for political parties instead of a political figurehead. Of course, I believe that liberal democracy and capitalism are both stains on the earth, but for what it is, it’s much better than some other democratic systems, particularly the United States. Even prisoners are allowed to vote, surprisingly. However, this system has a critical, intentional flaw that has a severe impact on the neurodivergent.

According to Page 9, Chapter 3, Article 45, Section 2 of the Albanian Constitution, “Citizens who have been declared mentally incompetent by a final court decision do not have the right to vote.” This is blatantly and bafflingly ableist. What this single sentence does is take away the rights for the neurodivergent to participate in the democratic process.

Even more shockingly, in Page 5, Chapter 2, Article 26, Section 2 of the Albanian Constitution, it is stated that “The liberty of a person may not be limited, except . . . when a person is the carrier of a contagious disease, mentally incompetent and dangerous to society.” This means that, if you’re neurodivergent, you can have your human rights taken away. This is genuinely mind-boggling, and makes me wonder if the people writing the constitution had any regard for the neurodivergent. Then I remember that this is a liberal capitalist democracy and I get my answer.

Not only that, but nowhere else in the constitution is there clarification to what “dangerous to society” means. It seems to be one of those things that can just be invoked at any time for whatever the authorities feel like, similar to how American police officers can claim nearly anything to be “resisting” to get away with murder.

Of course, I do not expect this article to change the beliefs of anybody in the Albanian government, though I do hope to educate more people on this subject. As well, while I am neurodivergent, and I do have knowledge about the Albanian government, I am not Albanian, and have never set foot in Albanian land, so take this with a grain of salt. As well, this is not an attack on the people of Albania. I am sure it is a lovely place with lovely people, even if I do not support the current government.

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