ILGA-Europe members
06/08/2013
Submitted by
GENDERDOC-M Information Centre
GENDERDOC-M Information Centre welcomes the
explanations and measures to be taken by Moldovan authorities following
the adoption of the ambiguous Law Nr.117 on Completing the Contravention
Code with Article 901 “Public activities with negative impact on
minors”, which entered in force on 12 July 2013. Following the appeal
from the group of civil society organisations, coalitions and
international structures to the Government to repeal the part of Article
901 regarding “propagation of […] any other relations than those
related to marriage or family in accordance with the Constitution and
the Family Code”, Moldova’s Government has provided a clear response
to what extent the Article may be applied and what measures will be
taken to eradicate its ambiguity.
Prior to its
adoption, the Government had given a negative opinion on the respective
draft amendment because of the last part of the paragraph 2 referring to
the “the other relations…” The reason was that the amendment doesn’t
comply with the criteria to be concise, unambiguous and clear as it is
required by current Moldovan legislation on adoption of legislative
acts. In its response, Government informs the stakeholders that “after
the adoption of the Law, the Ombudsman reiterated the concern about the
fact that the norms of legislative technique were not respected”.
GENDERDOC-M
welcomes the Ombudsman’s explanatory report from 30 July 2013 signaling
to the Parliament the need to initiate the procedure of revision and
amendment of the above mentioned law, especially the provision regarding
“some other relations”.
GENDERDOC-M
also welcomes the fact that the Ombudsman created an ad-hoc Working
Group with the participation of the Ministry of Interior Affairs and
Ministry of Justice. The aim of this Group was to draft a recommendation
on the implementation of Article 90¹ of the amended Contravention Code,
in line with the Constitution and other related laws. On 26 July 2013,
the Ministry of Interior Affairs issued the Recommendation on Correct
and Uniform Application of Article 901 “Public activities with negative
impact on minors” of the Contravention Code to all administrative
authorities and institutions under the Ministry of Interior Affairs.
The
Recommendation states that Article 901 shall be applied strictly in
compliance with the Law Nr. 30 from 7 March 2013 on Protection of Minors
from Negative Impact of Information[1], which does not refer to same-sex relations or any other issues regarding LGBT people at all.
“We are content to see that the Government takes seriously the issue of
ambiguity of certain legislation adopted in the Republic of Moldova and
is eager to take measures to correct these legislative shortcomings, if
they are not made out of ill will, by other branches of power. We are
sure that the immediate, yet temporary, measures taken by the
Government, Ombudsman Office and the National Council on Preventing and
Fighting against Discrimination and Ensuring Equality will ensure that
the freedom of expression with regard to LGBT issues is respected.
However, we would also like to see concrete guarantees from all three
branches of power that nothing like this legislative failure will ever
repeat in the future. Moreover, that more pro-active measures ensuring
equality of LGBT people will be introduced”, stated the GENDERDOC-M
Executive Director Anastasia Danilova.
[1]Law Nr.30 from 7 March 2013 on Protection of Minors from Negative Impact of Information (in Romanian and Russian) http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=347276
Pride Events
ILGA-Europe news and articles
- ILGA-Europe welcomes the abolition on ‘homosexual propaganda’ law in Moldova (15/10/2013)
- Joint letters to Füle and Malmström on recent law severely limiting the freedom of expression in Moldova (24/07/2013)
- Moldova must strike down law banning ‘homosexual propaganda’ (17/07/2013)
- ‘Homosexual propaganda’ bans are incompatible with the European Convention on Human Rights and should be repealed (19/06/2013)
- European Court: Moldova’s ban on LGBT demonstration violated human rights (12/06/2012)
- Mixed reactions to adoption of Moldova’s anti-discrimination law (25/05/2012)
- Shameful and retrograde decision from the City Council of Balti in Moldova (23/02/2012)
- Parliamentary Assembly of the Council of Europe express concern at the use of homophobic language by Moldovan members of parliament (26/07/2011)
Resources
- Moldova score sheet based on Rainbow Europe Map 2013 (Romanian)
- Moldova score sheet based on Rainbow Europe Map 2013 (English)
- ILGA-Europe Annual Review 2011 on Moldova
- Report on state of human rights of LGBT people in the Republic of Moldova - 2011
- Report on homophobic speech by members of Moldova's parliament
- Submission on LGBT Rights (12th session of the Universal Periodical Review)
- Demonstration in Moldova, 29 April 2010
- Support to 'Rainbow over the Dniester' from the Commissioner for Human Rights, Thomas Hammarberg
Links
Moldova Rejects 'Gay Propaganda' Law
Submitted by
ILGA-Europe
06/08/2013
Moldovan Authorities Clarify Ambiguity of Article 90'1
Submitted by
GENDERDOC-M Information Centre
23/07/2013
Moldovan Activists Accuse Lawmakers Of Secretly Adopting 'Gay-Propaganda' Law
Submitted by
ILGA-Europe
16/07/2013
GENDERDOC-M on Law on Article 901 “Public activities with negative impact on minors”
Submitted by
ILGA-Europe
28/05/2013
March “LGBT for Traditional Values” successfully occurred in Moldova
Submitted by
GENDERDOC-M
26/02/2013
LGBT community in Moldova realised their constitutional right to freedom of assembly
Submitted by
GENDERDOC-M
07/02/2013
Moldovan LGBT Youth Has a New Resource of Support
Submitted by
GENDERDOC-M Information centre
24/01/2013
GENDERDOC-M representatives threatened at Court of Appeals in Bălţi
Submitted by
Information Center GENDERDOC-M
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