Equal Rights Trust Equal Rights Trust The Equal Rights Trust is an independent internation- al organisation whose purpose is to combat discrimi- nation and promote equality as a fundamental human right and a basic principle of social justice. Promo-LEX is a non-governmental organisation that aims to advance democracy in Moldova, by promoting and defending human rights, monitoring democratic processes and strengthening civil society. - In recent years Moldova has undertaken significant legal and policy re form on equality and non-discrimination. These reforms offer promise. ▪ non-discrimination.However, this report finds that the Moldovan rallying cry – “we want Series: Moldova Report Country deeds not words” – is particularly pertinent in addressing equality and From Words This report identifies countless gaps between the “words” of Moldova’s legislation and the “deeds” of both state and private actors. The state to Deeds has not acted to repeal discriminatory legal provisions affecting groups- such as lesbian, gay, bisexual and transgender persons and persons with disabilities. Ethnic profiling by the police and the systemic institu tionalisation of persons with mental disabilities are stark illustrations- Addressing Discrimination of the failure to eliminate discriminatory practices by state actors. The- authorities have not effectively enforced laws which prohibit discrimi and Inequality in Moldova fromnatory race violence. to gender Despite and health legal prohibitions, status to age. employers The Council and on service the Preven pro- viders continue to discriminate – often overtly – on grounds ranging has considered hundreds of discrimination cases in the few years since tion and Elimination of Discrimination and Ensuring Equality – which its establishment – cannot impose sanctions and the courts, to date, seem reticient to follow the Council’s lead. The report concludes that while the framework necessary to address matchdiscrimination its words. and inequality in Moldova is in place, the state must now focus on implementation and enforcement, and so ensure that its deeds This report has been prepared with the financial assistance of the European Union. The contents of this report are the sole responsibility of the Equal Rights Trust and Equal Rights Trust can in no way be taken to reflect the views of the European Union. in partnership with Promo-LEX Association EQUAL RIGHTS TRUST IN PARTNERSHIP WITH PROMO-LEX From Words to Deeds Addressing Discrimination and Inequality in Moldova The Equal Rights Trust Country Report Series: 7 London, June 2016 The Equal Rights Trust is an independent international organisation whose purpose is to combat discrimination and promote equality as a fundamental human right and a basic principle of social justice. © June 2016 Equal Rights Trust Cover photos from top to bottom: © Cover June 2016 Dafina Gueorguieva Xiius/Bigstock.com; GenderdocM; www.ziare.com; and UN Layout:Women Istvan Moldova/Dorin Fenyvesi Goian. PrintedDesign: in Dafinathe UK Gueorguieva by Stroma Ltd All rights reserved. No part ofISBN: this publication 978-0-9573458-8-1 may be translated, reproduced, stored in a retrieval system or transmitted in any form or by other means without the prior written permission of the publisher, or a licence for restricted copying from the Copyright Licensing Agency Ltd., UK, or the Copyright Clearance Centre, USA. Equal Rights Trust 314-320United Gray’s Kingdom Inn Road London WC1X 8DP Tel:www.equalrightstrust.org +44 (0) 207 610 2786 The Equal Rights Trust is a company limited by guarantee incorporated in England, and a registered charity. Company number 5559173. Charity number 1113288. The contents of this report are the sole responsibility of the Equal Rights Trust This report has been prepared with the financial assistance of the European Union. and can in no way be taken to reflect the views of the European Union. Oamenii nu se deosebesc atât prin ceea ce zic, cât prin ceea ce fac. Mihai Eminescu People are not different by what they say, but by what they do. Mihai Eminescu was a Romantic poet, novelist and journalist. He Mihai Eminescu (15 January 1850 – 15 June 1889) wroteEmpire. extensively He is regarded about asthe one socio-political of the most climatefamous of minorities working within the Austro-Hungarian and influential poets in Moldova and Romania. TABLE OF CONTENTS ACKNOWLEDGEMENTS ACRONYMS AND ABBREVIATIONS EXECUTIVE SUMMARY 1. INTRODUCTION ..................................................1 1.1 Purpose and Structure of This Report .............................1 ................2 1.2 Conceptual Framework .................................................. and Research Methodology 1.3 Country context ................................1421 1.4 History, Government ..................................................... and Politics 21 1.4.1 History ................................... 2. PATTERNS1.4.2 Government OF DISCRIMINATION and Politics AND INEQUALITY ..............3325 Nationality, Race and Ethnicity ...... 2.1 Discrimination2.1.1 The Roma on .................................................. the Basis of 33 2.1.2 Discrimination against Other Ethnic and Racial Groups ......3866 Gender Identity ..................................................71 2.2 Discrimination on the Basis of Sexual Orientation and ...................... 2.3 Discrimination on the Basis of Health Status ...................93 2.3.1 Discrimination on the Basis of HIV Status 94 Other Diseases ............................................ 2.3.2 Discrimination on the Basis of Tuberculosis and .......................... 105110 2.4 Discrimination on the Basis of Gender ........................ 2.5 Discrimination on the Basis of Disability ... 139 2.5.1 Discrimination Against Persons with Mental ................ Disabilities 180 2.6 Discrimination on the Basis of Religion ............................. or Belief 191 2.7 Discrimination on the Basis of Age 209 ....................... 2.8 Discrimination .................................................... on the Basis of Language 219 3. 2.9THE Conclusion LEGAL AND POLICY FRAMEWORK RELATED TO EQUALITY 222832 ................................ 2 3.1 International and Regional Law ......... 232 3.1.1 Major United Nations Treaties Related ......................... to Equality 32 3.1.2 Other Treaties Related to Equality ...... 2357 3.1.3 Regional Human Rights Treaties (Council .......................... of Europe) 23 3.1.4 Treaties Not Ratified by Moldova ............................. 238 3.1.5 Customary International Law ........ 232 9 3.1.6 Status of ..................................................International Obligations in National Law 240 3.2 National Law .......................................... 242 3.2.1 The Constitution 42 Discrimination. 3.2.2 Special Laws in the Field of Equality and Non- ...... 242729 3.2.3 Non-Discrimination Provisions in Other Legal Fields ... 3.3 National Policies Impacting on Discrimination and Inequality ........... 294 3.3.1 National Human Rights Action Plan 2011–2014 295 ............................................. 7 3.3.2 2010–2015 National Gender Equality Programme (2010 NGEP) .... 29 3.3.3 2007–2015 National Strategy for Employment Policies 299 People from the Republic of Moldova. 3.3.4 2011–2015 Action Plan for the Support of Roma 299 . 3.3.5 2007–2014 National Strategy on Community-Based Actions to Support Children in Difficulty 300 with Disabilities .......................................... 3.3.6 2010–2013 Strategy on Social Inclusion of People 301 in Policies ................................................ 3.3.7 2014–2016 Programme for Mainstreaming Ageing 302 . 3.3.8 2014–2020 National Youth Strategy and Action Plan ... 303 3.3.9 2011–2020 National Strategy. on. Migration. and. Asylum. 304 3.4 Enforcement and Implementation ................................... 305 3.4.1 Moldovan Legal .............................................. System 3057 3.4.2 Enforcement ....... 3021 3.4.3 Jurisprudence ...................................................... on Equality and Non-Discrimination 3 4 RECOMMENDATIONS3.5 Summary ..........................................333324 BIBLIOGRAPHY ........................................................ 349 ACKNOWLEDGEMENTS This report is published by the Equal Rights Trust, in partnership with Pro - methodologymo-LEX. The werereport developed is published by the in Equalboth an Rights English-language Trust as part ofand its aCountry Roma- Reportnian-language Series on version. addressing The conceptualdiscrimination framework, and inequality structure in different and research coun tries around the world. - wasJim Fitzgerald prepared andin English Joanna by Whiteman a team comprising at the Equal Olga Rights Manole, Trust andEduard Olga Scutaru, Manole at Promo-LEX oversaw the production of the report. The first draft of the report reportDumitru was Sliusarenco subjected andto review Vadim by Vieru a team from of Promo-LEXMoldovan experts and Tayyiba and Saphieh Bajwa, Sam Barnes, Ben Smith and Dan Zwi from the Equal Rights Trust. The draft reportAshtiany, for Chair publication of the Equalin English Rights and Trust translation Board of into Trustees. Romanian. Following Olga Manolethis re- view, Jim Fitzgerald and Joanna Whiteman revised, finalised and authorised the finalised and authorised the Romanian-language version for publication. ofField civil research society organisationswas central to and the independentidentification researchers, and description coordinated of patterns and