COUNCIL ON THE PREVENTION AND ELIMINATION OF
DISCRIMINATION AND ENSURING EQUALITY
ACTIVITY REPORT
FOR 2014
CHISINAU 2015
Activity Report for 2014
TABLE OF CONTENTS
EXECUTIVE SUMMARY ................................................................................... 3
INTRODUCTION .............................................................................................. 5
CHAPTER I. DISCRIMINATION IN REPUBLIC OF MOLDOVA ............................... 6
CHAPTER II. COUNCIL’S ACTIVITY FOR IMPLEMENTATION OF LAW NO. 121 OF
25.05.12 ON ENSURING EQUALITY .................................................................. 8
2.1. Advocacy and Public Policies ........................................................................................................ 8
2.2. Prevention of Discrimination...................................................................................................... 13
2.3. Protection against Discrimination .............................................................................................. 15
2.4. Promotion of Equal Opportunities ............................................................................................. 25
CHAPTER III. STRENGTHENING THE OPERATIONAL CAPACITY OF THE COUNCIL
28
3.1. Human Resources ....................................................................................................................... 28
3.2. Financial Resources .................................................................................................................... 29
3.3. Material Resources ..................................................................................................................... 30
3.4. Information and Technology Resources..................................................................................... 30
CHAPTER IV. CONCLUSIONS, RECOMMENDATIONS, AND PRIORITIES ............32
4.1. Conclusions and Recommendations .......................................................................................... 32
4.2. Priorities of the Council .............................................................................................................. 33
Annex 1. Proposals to amend the legislation in order to eliminate the barriers
identified by the Council ...............................................................................35
Annex 2. Organisations and institutions with which the Council cooperated in
its activity for Prevention and Elimination of Discrimination and Ensuring
Equality in 2014.............................................................................................43
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Activity Report for 2014
EXECUTIVE SUMMARY
This Report provides a comprehensive overview of the activities carried out by the Council on the
Prevention and Elimination of Discrimination and Ensuring Equality 1 during year 2014, describing the
results achieved and the conclusions drawn. Throughout the reporting period, the Council focused on
achieving the objectives set in its Strategic Development Program for 2014-2016 in the areas of
advocacy and public policy, promotion and prevention of discrimination, protection against
discrimination, and institutional development. In addition, the Report reflects the extent to which
the actions set out in the Roadmap for Implementation of Law No. 121 of 25.05.12 on Ensuring
Equality have been achieved.
According to a survey2 conducted by the Council in cooperation with other stakeholders, the most
discriminated social categories are the poor (31.9% of the respondents), the elderly (28.8%), the
persons with mental disabilities (25.7%), the persons with physical disabilities (23.9%), the
homosexuals (19.9%), the former prisoners (14.2%), the HIV-positive persons (12.6%), the persons
with risk-bearing behaviour (7.5%), and the Roma (7.2%). Every third respondent to this survey
believes the phenomenon of discrimination has increased over the past 5 years.
The groups to which the Moldovan society shows a medium level of acceptance are the persons of a
different race and citizenship, as well as the persons with mental disabilities. The groups, which the
society is most reluctant to accept in their families or among their friends, are the HIV-infected
persons and the sexual minorities. Only 4.0% of the population would accept a homosexual as a
family member and only 7.3% would accept him/her as a close friend.
The results of the survey are alarming and reflect the need for joint efforts to prevent and fight
discrimination. During 2014, the Council undertook some actions to consolidate the efforts of public
authorities, private sector, NGOs, the media, as well as other stakeholders in promoting diversity and
ensuring equality.
Apart from this, comprehensive actions were undertaken to ensure legal literacy of the population
with regard to equality and non-discrimination.
Therefore, during 2014, the Council examined 10 regulatory documents containing discriminatory
provisions on social protection, education, and access of persons with disabilities to goods and
services. In addition, 11 advisory opinions on the draft legal and regulatory documents were
prepared and submitted to the public authorities. The opinions contained recommendations on
bringing such documents in line with the non-discrimination standards.
In order to prevent discrimination, the Council members and administrative staff carried out a
number of actions to inform and raise awareness of the population about the need to eliminate
discrimination. Apart from this, 27 trainings on preventing and fighting discrimination were
conducted. During the reporting period, the Council submitted to the public authorities and the
private sector representatives a number of recommendations on preventing discrimination and
developed 33 reports on the results of monitoring the implementation of such recommendations.
1
Hereinafter referred to as „the Council”
http://egalitate.md/index.php?pag=news&id=837&rid=645&l=ro.
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Activity Report for 2014
Throughout its activity, the Council cooperated with the public authorities, non-governmental
organisations, and the media. As a result, the Council established three partnerships with the
Coalition for Non-discrimination, the Public Library of Law, and the Legal Resource Centre of
Moldova, respectively. To ensure transparency and higher visibility of the Council, the website
www.egalitate.md was developed, which provides an overview of the activities and the events
conducted by the Council. During the reference period, the Council organised 5 press conferences,
had 6 appearances on TV/radio, and 46 appearances in the online media.
In 2014, 151 complaints were filed to the Council, of which 61 were declared inadmissible, 7 were
withdrawn by the petitioners, 6 were referred to other competent authorities, for 4 petitions
advisory opinions were requested, and only 1 complaint was settled amicably. The Council initiated
twelve cases ex-officio. During the respective period, the Council issued 65 decisions regarding 89
complaints. An analysis of the Council decisions reveals that most of the complaints filed during the
reporting period related to discrimination in terms of access to goods and services (40%). The other
decisions stated discrimination in employment, as well as discrimination in terms of access to justice
and education. The criteria for discrimination identified by the Council decisions include the
disability, language, sex, gender, sexual orientation, age, marital status, professional status, wealth,
and ethnicity.
The Council identified a series of gaps in the legislation governing its activity, which need to be
removed in order to ensure its proper operation. One of the amendments proposed concerned a
legal gap regarding the enforcement of Council’s decisions. This was soon eliminated and Article 423 5
of the Contravention Code was supplemented with a provision vesting the Council with the capacity
of official examiner, which enables it to establish the administrative offences related to hindering the
Council’s activity and failure to enforce its decisions.
All identified hindrances to the efficient operation of the Council were examined by reviewing the
enforceability of the relevant legal framework. A working group was established within the
institution to identify the legal gaps and make relevant proposals3.
The Council undertook comprehensive measures to strengthen the institutional capacity of its
administrative office. Proper working conditions were created for the Council members and the
administrative office by purchasing the necessary office equipment and stationery. By the end of
2014, 19 out of the 20 staff positions established by law were filled. Some internal instructions were
developed and approved in order to facilitate and standardize the management of the complaints
registered; the Guidelines for Council representation in Court were developed, and a number of
professional development activities were carried out both for the Council members and for the
administrative staff.
3
Annex 1 to this Report.
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Activity Report for 2014
INTRODUCTION
The Council on the Prevention and Elimination of Discrimination and Ensuring Equality4 was
established based on Art. 10 of Law No. 121 of 25.05.12 on Ensuring Equality5. The Council carries
out its activity in accordance with the said law and the Regulation on the Activity of the Council on
the Prevention and Elimination of Discrimination and Ensuring Equality, approved by Law No. 298 of
21.12.2012 on the Activity of the Council on the Prevention and Elimination of Discrimination and
Ensuring Equality6.
The Council is a collegial body with the status of private legal entity, established with a view to
ensuring the protection against discrimination and the equality of all people who consider
themselves victims of discrimination.
The Council operates in an impartially and independently from public authorities.
The Council has 5 members with no political affiliation, who are appointed by the Parliament for a 5year term. The Chairperson of the Council is elected with the votes of the majority of members.
The Council is assisted by an administrative office comprising 20 people.
The Council started its main activity in lat 2013.
This Report has been developed based on Article 12(2) of Law 121/2012, according to which the
Council shall submit to the Parliament, on an annual basis, a general report on the situation with
regard to preventing and fighting discrimination.
Overall, the Council made progress in its activities as compared to the previous year. This is due to
the actions aimed at promoting the institution at national level through various means. The visibility
of the Council has increased due to the awareness campaign carried out by the Council in all raions of
the country. A big number of complaints were registered; however, there was low awareness by the
population about discrimination and the components required for raising the presumption of
discrimination. Therefore, there is a need to expand the legal literacy program for the population
significantly.
During the reporting period, the activity of the Council focused both on efficiently enforcing the
provisions of Law 121/2012 on Ensuring Equality and on achieving the objectives set in the related
strategic documents. Special focus was put on proper implementation of the Roadmap approved by
the Council on March 26, 2014. To implement the 5 specific objectives set out in the Roadmap for
Implementation of Law No. 121 of 25.05.12 on Ensuring Equality during 2014-2016, 68 actions were
planned. In 2014, 49 such actions were implemented (because of the legal hindrances, staff shortage,
and the burdensome process of establishing cooperation relations with the partners responsible for
enforcing Law No. 121/2012). The remaining actions will be implemented in 2015-2016.
This Activity Report for 2014 was approved within the meeting of the Council members. This fact was
recorded in Protocol No. 4 of March 12, 2015.
4
Hereinafter referred to as „the Council”
Hereinafter referred to as „Law 121/2012”
6
Hereinafter referred to as „Law 298/2012”
5
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Activity Report for 2014
CHAPTER I. DISCRIMINATION IN REPUBLIC OF MOLDOVA
In 2014, the Council conducted a survey on discrimination in Moldova7 in partnership with the
Institute for Public Policy (Chisinau), the National Council for Combating Discrimination (Bucharest),
and the Institute for Public Policy (Bucharest).
Figure 1. The most discriminated social groups, according to the survey
The Roma
31.90%
7.20% 7.50%
12.60%
14.20%
The persons with risk-bearing
behaviour
The HIV-positive persons
The former prisoners
The homosexuals
28.80%
19.90%
25.70%
23.90%
The persons with physical
disabilities
The persons with mental disabilities
The elderly
The poor
According to the survey, the highest level of discrimination was in terms of access to healthcare
services, followed by the discrimination in employment.
The survey also addressed the acceptance by the society of the minority groups (in terms of
physical/mental disability, ethnicity, sexual orientation, HIV infection, and religion) among their
families and friends, as well as in their neighbourhoods.
The groups that the population is most willing to accept are the persons with physical disabilities.
Therefore, 62% of the respondents would accept people with physical disabilities as family members,
and 82.2% - as friends.
The groups toward which the society has an average level of acceptance are people of a different
race, the people holding a different citizenship, and the people with mental disabilities. Thus, 30.3%
of the respondents would accept persons with mental disabilities as family members, and 43.6%
would accept them as friends.
The groups that the population is most reluctant to accept in their families or among their friends are
the persons infected with HIV and the homosexuals. Only 4.0% of the population would accept a
homosexual as a family member and only 7.3% would accept him/her as a close friend.
Every third respondent to this survey believes the phenomenon of discrimination has increased
within the past 5 years.
7
http://egalitate.md/index.php?pag=news&id=837&rid=645&l=ro.
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Activity Report for 2014
The results of the survey are supported by a number of other analyses conducted by the Council.
Therefore, during 2014 the Council requested information about the implementation by the public
authorities of the relevant legal provisions. Following the analysis of such data, it was established
that 35.7% of the public authorities, which submitted the requested info, did not include in their
internal documents provisions about forbidding discrimination.
In addition, the Council ascertained that 60% of the premises of the monitored public administration
authorities are not adapted for the needs of the persons with disabilities, although Moldova’s legal
framework regarding the accessibility of buildings and constructions is quite comprehensive. The
situation in terms of the accessibility of courthouses is similar - 60% of the court buildings have no
access ramps for people with locomotor disabilities.
Another serious problem is access to justice of people with sensory impairment. None of the
Moldovan courts has sign language interpreters in their staff lists. The courts say that, when needed,
they contract a sign language interpreter who works at the Association of the Deaf of Moldova.
As regards the gender ratio in management positions within public authorities that submitted the
information, the proportion is acceptable. In the private sector, however, the situation is worrisome,
since the share of women in leading positions is much lower.
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Activity Report for 2014
CHAPTER II. COUNCIL’S ACTIVITY FOR IMPLEMENTATION OF LAW NO. 121 OF
25.05.12 ON ENSURING EQUALITY
During 2014, the Council members gathered in 150 meetings, including in 67 hearing meetings and
83 deliberative meetings. The Council made efforts in the following strategic areas: advocacy and
public policies, prevention of discrimination, and institutional development. The progress for each of
these areas is described below.
2.1. Advocacy and Public Policies
During the reporting period, the Council examined 10 legal and regulatory documents in the light of
non-discrimination in terms of social protection, education, and access of persons with disabilities to
goods and services. The findings and recommendations on such documents are presented in the
sections below.
Apart from this, 11 advisory opinions on the draft legal and regulatory documents were prepared and
recommendations were made on bringing such documents in line with the non-discrimination
standards.
In addition, during the reporting period, the Methodology (an internal regulatory document) for
examination of draft and effective legal and regulatory documents and policies in the light of equality
and non-discrimination was developed.
2.1.1. Law on Mental Health No. 1402 of 16.12.1997
Following the examination of Law on Mental Health No.1402 of 16.12.1997, the Council established
that art.4 par. (2), art.11 par. (3), art.22 par. (1), and art.27 par. (4), provide for less favourable and
differentiated treatment to people with mental impairment, disregarding their will and capacity to
make independent decisions, as well as their agreement or disagreement with the measure applied
on them. Such people are virtually excluded from participation in the process of their hospitalisation
in mental healthcare facilities.
The reason for limitation and exclusion of the fundamental rights and freedoms of people with
mental disorders lies with the presence of the disability itself. Disability is recognised as being
protected from discrimination under two legal documents: Law No. 121 on Ensuring Equality, art. 1
par. (1) and Law No. 60 on Social Inclusion of People with Disabilities, art.1, 2.
These provisions shall be adjusted to the standards of the Convention on the Rights of Persons with
Disabilities, to exclude the mechanism of decision-making through substitution and establish a new
mechanism of decision-making through support.
The Council recommended amending the relevant law with a view to excluding full
guardianship, as well as amending Law No. 1402 on Mental Health, with a view to
establishing the right of the persons with disabilities to make decisions while being
supported, and the mechanism for its enforcement.
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Activity Report for 2014
2.1.2. Order of the Ministry of Health No. 647 of 21.09.2010 on Voluntary Termination of
Pregnancy in Safety Conditions
Having considered the provisions of Order No. 647 of 21.09.2010 on Voluntary Termination of
Pregnancy in Safety Conditions, the Council established that presenting some diseases as a medical
indication for termination of pregnancy creates a wrong impression that in such situations pregnancy
termination is the most appropriate solution. In particular, the list of medical indications contains a
number of diseases described as disabilities. Therefore, the provisions of the Regulation on Voluntary
Termination of Pregnancy in Safety Conditions, approved by the said order, provides grounds for and
promotes a stigmatizing approach towards the persons with disabilities, which is not acceptable.
The provisions of the said Regulation treat women with disabilities as being unfit for parenthood
simply because they have a disability that they could transmit to their child. Doctors’ supposition that
women with disabilities might give birth to ill children, complemented by the medical indications,
limits considerably woman’s right to decide independently whether to terminate pregnancy. Since
the Regulation stipulates that pregnancy shall be interrupted under legal terms, and taking into
account women’s right to reproductive health and to maternity, every pregnant women should get
clear explanations about the fact that, regardless of the presence of a disorder, disease, or disability,
pregnancy termination is a right or an option rather than an obligation.
The right to reproduction is an indispensable component of the right to health, protected by art.12 of
the International Covenant on Economic, Social and Cultural Rights. The highest attainable standard
of health may not be achieved unless the right to reproductive health is fully recognized and
promoted for all people. The State should provide to all people the possibility to exercise this right
without discrimination.
With this in view, the Council recommended to the Ministry of Health to eliminate the
policies and provisions of the regulatory documents that might cause violation of the
sexual and reproductive health of certain categories of people by unduly subjecting them
to limitations and restrictions in the exercise of their rights.
2.1.3. Government Decision No. 295 of 14.05.2012 for approval of the Regulation on
Coercive Temporary Hospitalization in Anti-Tuberculosis Specialised Healthcare Institutions
of Persons with Contagious Tuberculosis Who Refuse Treatment
The Council reviewed the provisions of Government Decision No. 295 of 14.05.2012 for approval of
the Regulation on Coercive Temporary Hospitalization in Anti-Tuberculosis Specialised Healthcare
Institutions of Persons with Contagious Tuberculosis Who Refuse Treatment, under let. a) and b) art.
12 of Law 121 on Ensuring Equality.
The Council established that the text of the Regulation contains no provisions that would guarantee
to the concerned group of people the fundamental rights set out in the Constitution, independently
of their temporary status acquired as a result of their health condition, and would ensure the
observance of the national and international non-discrimination standards with regard to the
persons affected by tuberculosis, who are subject to coercive hospitalisation. At the same time, it
was noted that persons subjected to coercive hospitalization, who represent a vulnerable group due
to the limitation of certain rights on health grounds (i.e. the right to free movement), are still not
protected by any specific provision against possible abuse from the medical staff or other people
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Activity Report for 2014
who could limit some other rights of the persons with tuberculosis, which are not stipulated directly
by law, simply because of their current status.
The Council recommended to the Ministry of Health to propose amendments to the
Regulation on Coercive Temporary Hospitalization in Anti-Tuberculosis Specialised
Healthcare Institutions of Persons with Contagious Tuberculosis Who Refuse Treatment,
approved by Government Decision No. 295 of 14.05.2012, specifically the amendment
and supplementation of p.26 of the Regulation.
2.1.4. Law on the Amount, Procedure and Terms of Payment of Mandatory Health
Insurance Premiums No. 1593 – XV of 26.12.02
The council examined the Moldovan laws governing the mandatory health insurance relations,
specifically the following provisions: (1) Law No. 1593 of 26.12.2002 on the Amount, Procedure and
Terms of Payment of Mandatory Health Insurance Premiums; (2) Law No. 30 of 23.12.2013 on
Mandatory Health Insurance Funds for 2014; (3) Law No. 1585 of 27.02.1998 on Mandatory Health
Insurance.
As a result, the Council found out that some provisions of these documents are discriminatory in
relation to the persons carrying out the activity of lawyer. The first finding relates to discrimination
on professional grounds and wealth when determining the cost of the mandatory health insurance
policy, providing no discount for lawyers, who are put in the same conditions as the notaries and the
enforcement agents. Another finding relates to discrimination based on professional status, sex, and
motherhood of the lawyer women, who are obliged to present the proof of the suspension of their
lawyer’s licence in order to benefit from the free mandatory health insurance policy during the
maternity period, the birth and after-birth, being put in the same conditions as the unemployed
pregnant women. The Council ascertained that the status of a pregnant lawyer is not similar to that
of unemployed pregnant women since the latter made no contributions to the mandatory health
insurance fund. These two groups of women are in different positions and should therefore be
treated differently.
The Council also observed a discriminatory and unjustified attitude toward lawyer women with
regard to their right to benefit from the free medical insurance policy during childcare up to the
child’s age of three, as compared to the employed women, whose individual labour contract is
suspended in connection with childcare up to the child’s age of 3.
The Council recommended to the Ministry of Health and the National Health Insurance
Company to revise their policies and regulatory documents in the area of mandatory
health insurance in order to eliminate the identified discriminatory situations.
2.1.5. Law No. 289 of 22.07.2004 on Allowances for Temporary Incapacity to Work and
Other Social Insurance Benefits
The Council examined the provisions of Law No. 289 of 22.07.2004 on Allowances for Temporary
Incapacity to Work and Other Social Insurance Benefits. Having analysed the terminology used to
describe the situation regulated under art. 6 par. (7), the Council noticed that the text of this article
includes the terms “husband” and “wife dependent on her husband”. The Council ascertained that
the use of these terms excludes by default the possibility for unmarried persons who are not
husbands, to benefit from the effects of the said provisions.
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Activity Report for 2014
In addition, the Council established that the above-mentioned facts represent a discrimination on
marital grounds against the unmarried women as compared to those who formalized their relation
and have a certificate of marriage.
In order to eliminate the discriminatory practice resulting from the provisions of art.6
par.(7) of Law No. 289 of 22.07.2004, with a view to further excluding the violation of
the equality principle, the Council recommended to the Ministry of Labour, Social
Protection, and Family to replace the terms “husband” and “wife” in the text of law by
the terms “mother” and “father”, defined under law. The proposed amendment will
ensure equal chances to both married and unmarried women to benefit from the
maternity allowance from the income of the child’s father who generated the risk for
which the woman would get the allowance.
2.1.6. Law No. 156-XIV of 14.10.1999 on State Social Insurance Pensions
Having reviewed Law No. 156-XIV of 14.10.1999 on State Social Insurance Pensions, the Council on
the Prevention and Elimination of Discrimination and Ensuring Equality highlighted the inconsistency
of the following provisions with the non-discrimination standards and the Law No. 121/2012: (i) the
age limit for retirement of men and women, stipulated in art. 41 par.(1)-(3), art.44 par.(2) and art.56
par. (1) lit. a), b), c) of Law No. 156-XIV of 14.10.1999; (ii) the use of different formulas to calculate
the pensions for age limit, set out in art. 16 and art.53 of Law No. 156-XIV of 14.10.1999.
After having analysed the provisions of art. 16 and art.53 of Law No. 156-XIV of 14.10.1999 on State
Social Insurance Pensions, the Council stated that the provisions on the establishment of formulas to
calculate pensions the way they are presented in Annex 2 and Annex 4 are not conflicting with Law
No. 121/2012.
The Council found discriminatory the provisions of art.41 par.(1)-(3), art.44 par.(2) and art.56 par. (1)
let. a), b), c ) of Law No. 156-XIV of 14.10.1999 on State Social Insurance Pensions, as they conflict
with the equality principle in the exercise of one’s right to work, on sex grounds, as the age limit for
the retirement of men and women differs.
To settle the existing discriminatory situation, the Council proposed amending the abovementioned provisions to allow women’s retirement at an age different from that of the
men exclusively upon their own will. In other case, the retirement age for men and
women must be the same, in order to ensure the equality and non-discrimination.
2.1.7. Law No. 355-XV of 23.12.2005 on the Wage System in the Budgetary Sector
Having analysed the provisions of Law No. 355-XV of 23.12.2005 on the Wage System in
the Public Sector with regard to the status of the technical maintenance staff, the Council
determined that they are not discriminatory, since the government has the right to
provide for wages and bonuses differentiated by categories of staff.
2.1.8. Draft Code of Education
The Council reviewed the draft Education Code of the Republic of Moldova. Pursuant to art. 9 par.(3)
of the proposed draft, basic funding of the general education is done in accordance with the principle
“the money follows the student”, according to which, the resources allotted to a student or a child
shall be transferred to the educational institution where he/she studies. The Council established that
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Activity Report for 2014
this approach does not take into consideration the peculiarities of the pre-university education
institutions for students speaking the minority languages existing in Moldova (i.e. Russian, Ukrainian,
Gagauz, and Bulgarian).
This is because in those institutions the curium includes a bigger number of special subjects (ex: the
mother tongue, the culture and history of the ethnical group), and therefore a bigger number of
teaching hours. Thus, the apparently neutral provision stipulated in art.9 par. (3) of the Education
Code, treats all pre-university education institutions in an equal way, without taking into account the
specific situation of the institutions where speakers of minority languages study. Considering the
number of teaching hours stipulated in the “Framework Curriculum for Primary, Lower and Upper
Secondary Education for the Academic Year 2014-2015", we may conclude that the principle set out
in art.9 par. (3) “the money follows the student” does not take into account the workload of the
teaching staff in the pre-university education institutions designed for speakers of minority
languages, which requires additional funding. This situation discriminates indirectly the national
minority groups on language grounds.
The Council suggested the relevant Parliament Standing Committees to make
amendments to art.9 par.(3) of the draft law as it conflicts with the equality principle by
establishing the presumption of indirect discrimination towards the speakers of the
minority languages, if we consider the “Framework Curriculum for Primary, Lower and
Upper Secondary Education for the Academic Year 2014-2015”.
2.1.9. Methodology for Organisation and Conduct of the Baccalaureate Examinations in
the Academic Year 2013-2014, No. 285 of 28.02.2014, approved by Order of the Ministry of
Education No. 64 of February 7, 2014
After having examined the Methodology for Organisation and Conduct of the Baccalaureate
Examinations in the Academic Year 2013-2014, approved by Order of the Ministry of Education No.
64 of February 7, 2014 (hereinafter the “Methodology”), the Council established that the said
Methodology uses improper and interpretable phrases such as “in exceptional situations”, “the
immobilized candidates”, “the place of immobilization”. These expressions, worded in a humiliating
and stigmatising manner with regard to the persons with disabilities promote the medical approach
to disability, which is currently outdated.
The Council considers that the Methodology should use a language that is in line with the concept of
social inclusion of persons with disabilities. The terms and expressions used should avoid the
stigmatisation of the persons with disabilities and treating them through the prism of the medical
model. The disability is neither an “exceptional situation” nor a disorder. Disability is an individual
characteristic of the candidate to the baccalaureate, which, because of the impossibility to adapt to
the he environment, remains a barrier. Adaptation is a need that helps creating the necessary
conditions for effective exercise of the fundamental rights by the persons with disabilities. Therefore,
the provisions of the Methodology should explain, in a way understandable for all the concerned
people, the actions to be undertaken in order to achieve the reasonable accommodation in order for
the candidates with disabilities to pass the baccalaureate exams.
The Council recommended to the Ministry of Education to adopt the Methodology for
Organisation and Conduct of the Baccalaureate Examinations for the following years,
starting with the academic year 2014-2015, in such was as to implement into practice
the reasonable accommodation for each candidate to the Baccalaureate.
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Activity Report for 2014
2.1.10. The Draft Code of Urbanism and Constructions
Having analysed the provisions of the draft Code of Urbanism and Constructions, the Council notified
the Ministry of Regional Development and Constructions that this legal document should regulate
clearly and uniformly both the specific duties of each authority responsible for the construction of a
building, at each stage: the conception, design, authorisation, execution, state control, and the
liability of the responsible authorities for the gaps identified in the constructions, particularly those
related to the failure to adapt the buildings for the needs of the persons with disabilities.
The Council recommended establishing a mechanism for oversight and thorough control
(included, when appropriate, withdrawal of the certificate for technical and professional
attestation of the specialists in constructions) in order to stop the faulty practice of
approving design documents in order to facilitate the obtaining construction
authorisation by the authors of such documents, ignoring the Construction Regulation on
General Security Requirements for Construction Sites
Considering the Accessibility
Thereof for the Persons with Disabilities (NCM C.01.06-2014) and the Practical Code in
Constructions Regarding the Design of Buildings and Constructions Considering their
Accessibility for the Persons with Disabilities (CP C.01.02-2014).
2.2. Prevention of Discrimination
In 2014, the Council members and the administrative staff undertook various actions aimed to
prevent discrimination. A special focus was put on trainings in the area of preventing and fighting
discrimination for the representatives of public authorities, law enforcement bodies, private sector,
and civil society. For this purpose, the Council members and the administrative staff got involved in
the training activities, cooperating pro-actively with the relevant stakeholders.
During the reporting period, 27 training activities of various forms were conducted for the judges,
prosecutors, the staff of local public authorities, the representatives of civil society and the media, in
raion centres. The training activities were organised in partnership with the Office of the United
Nations High Commissioner for Human Rights (OHCHR); National Institute of Justice; Foreign Policy
Association; Promo-LEX Association; Equal Rights Trust; United Nations Development Programme
(UNDP), as well as other stakeholders. The list of training activities is presented below:
No.
Activity
1.
Training on Economic, Social, and
Cultural Rights, organised by
OHCHR
21.03.2014
Training on National and
International Standards on AntiDiscrimination, organised by NIJ
in cooperation with OHCHR and
the Council, for 50 judges and
prosecutors
10 – 11.04.2014
Andrei Brighidin
18 – 19.09.2014
Doina Ioana Strsisteanu
Training on Racial Discrimination,
organised by NIJ in cooperation
22.05.2014
2.
3.
Timeframe
Responsible person
Andrei Brighidin
13.11.2014
20 – 21.11.2014
13
Olga Bulmaga
Andrei Brighidin
Activity Report for 2014
No.
4.
5.
Activity
Timeframe
Responsible person
with OHCHR and the Council, for
60 judges and prosecutors
24.10.2014
Doina Ioana Straisteanu
Information/training sessions on
preventing and eliminating
discrimination, for the
representatives of the local public
authorities, civil society and the
media organised in the raion
centres by the Foreign Policy
Association and the Council with
support of the Embassy of Finland
to Republic of Moldova
23.09.2014, Edinet
The Council members
Information/training sessions
“Addressing discrimination in
healthcare and fighting it”, for the
civil society organisations
06.08.2014
Olga Bulmaga
11.08.2014
Dmitrii Russu
24.09.2014, Cahul
02.10.2014, Ocnita
09.10.2014, Briceni
23.10.2014, Donduseni
06.11.2014, Drochia
23.11.2014, Riscani
27.11.2014, Soroca
13.08.2014
15.08.2014
20.08.2014
Alina Calugher
Elena Bumbu
22.08.2014
6.
7.
Training on Preventing and
Fighting Torture and Other Bad
Treatments in Penitentiaries, for
the staff of the Penitentiary
Institutions Department (the
central office and penitentiaries’
staff)
09 – 11.10.2014
Training on “Inclusive Education.
Monitoring of Observance of the
Right to Education for All
Children”, for the civil society
organisations dealing with the
rights of children with disabilities
27 – 30.10.2014
Oxana Gumennaia
15 – 17.10.2014
30.10 – 01.11.2014
12 – 14.11.2014
26 – 28.11.2014
Oxana Gumennaia
Lucia Gavrilita
14
Activity Report for 2014
2.3. Protection against Discrimination
During 2014, 151 complaints were filed to the Council for examination. In addition, the Council
initiated 12 cases ex-officio. Therefore, during the reporting period, the Council worked on 172 case
files, including 9 complaints carried over from year 2013.
Of the total number of complaints examined, on 65 complaints decisions were issued, 61 were
declared inadmissible, 7 were withdrawn by the petitioners, 6 were referred to other competent
authorities, for 4 petitions advisory opinions were requested, and only 1 complaint was settled
amicably. In order to increase the efficiency of the Council’s activity and to avoid duplication of the
solutions for the cases, the complaints having the same subject and the same petitioner were
merged. Therefore, out of the total number of complaints, 14 were merged, being included in the
decisions issued.
The relation between the complaints declared inadmissible and those retained for examination
shows a low level of perception by the population about the substance of discrimination and the
presumption of discrimination.
Figure 2. Status of the complaints
Declared inadmissible
Merged
42%
38%
Withdrawn by the petitioners
1%
Referred to other authorities
2%
Settled amicably
9%
4%
4%
Finalised with advisory opinions
Retained for examination
In 48 out of the total number of 65 decisions issued, the fact of discrimination was found, which
represents 74% of the total number of decisions adopted in 2014.
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Activity Report for 2014
Figure 3. Share of decisions finding and decision not finding the fact of discrimination
26%
Decisions finding the
discrimination
Decisions not finding
the discrimination
74%
Twenty out of the 48 decisions issued referred to discrimination in terms of the access to goods and
services which are available to the public. Some other areas of discrimination resulting from the
cases examined by the Council are shown in the figure below:
Figure 4. Breakdown of cases by area of discrimination
20
Goods and services available to the public
9
Employment
Access to justice
6
Injuring human dignity through instigation to
discrimination
6
Exercise of parental rights
3
Access to education
3
1
Other areas
0
5
10
15
20
25
The chart below presents the breakdown of Council’s decisions by the criteria of discrimination
identified.
16
Activity Report for 2014
Figure 5. Discrimination criteria identified by the Council’s decisions
14
Disability
13
Sex, gender
Sexual orientation
5
Religion, beliefs
5
Language
5
Professional status
3
Opinion
3
Marital status
3
Political affiliation
2
Place of residence
2
Wealth
2
Ethnicity
1
Maternity
1
Military status
1
Nationality
1
Civil status
1
0
2
4
6
8
10
12
14
16
2.3.1 Status of the Council’s case files in courts
Regarding the representation of the Council in courts, out of the total number of 77 decisions issued
so far, 19 were appealed by the parties in administrative review.
Figure 6. Decisions appealed in administrative review
32%
Non-appealed
decisions
Appealed
decisions
68%
17
Activity Report for 2014
Throughout the activity of the Council (2013-2014), 15 reports on administrative offences finding the
fact of discrimination were prepared, 9 of which concerned the hampering the Council’s activity, 1 –
the failure to enforce the recommendations, 3 – the discrimination in the area of education, and 2 –
the violation of equality in employment.
Figure 7. Administrative offences established by the Council
Hampering the Council's activity (9)
13%
Failure to enforce the recommendations
(1)
20%
60%
7%
Discrimination in education (3)
Discrimination in employment (2)
In 2 of the administrative cases fines were imposed, 8 cases were closed due to lack of competence,
and 4 cases are currently under examination in court.
At the same time, during 2004, the Council was involved as non-party intervener in 6 trials in which
the discrimination fact-finding was examined.
2.3.2. Monitoring of the implementation of Council’s recommendations
The Council formulated about 128 recommendations to the concerned entities, both general and
case-specific. If in certain cases there were no grounds for finding any discrimination toward the
petitioner, but where there existed practices or provisions allowing possible discrimination, the
Council provided general recommendations through some decisions not finding discrimination,
fulfilling is such way its prevention duties. Such approach was used in 4 decisions issued by the
Council during the reporting period.
More than half of the total number of recommendations issued – 77 had a general preventive
nature, while the other 51 were case-specific, containing specific recommendations on the actions
for settling the situations found through the decisions.
Figure 8. Status of the Council’s decisions
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Activity Report for 2014
13%
Decisions cancelled by the court (1)
2%
Decision appealed (18)
29%
10%
Decisions fully enforced (17)
Decisions partly enforced (12)
19%
Decisions not enforced (6)
27%
Decisions in legal term for
enforcement (8)
During 2014, the Council continued to monitor the level of implementation of the recommendations
made in its decisions. Within the monitoring process, the Council sent notices to all the entities
responsible for enforcing its recommendations, and recorded the responses received in monitoring
reports. Thus, following the monitoring process, it was established that 17 out of the 58 decisions
adopted by the Council during the reporting period were enforced and 33 monitoring reports were
prepared.
2.3.3. Cases examined by the Council
This section addresses the discrimination cases found by the Council during 2014 by its decisions,
which the Council wishes to highlight.

Cases on discrimination in terms of access to justice based on language
During 2014, the Council issued 6 decisions on 10 complaints, where petitioners alleged they their
access to justice had been limited on language grounds. In most cases, the actions notified concerned
the returning of civil complaints by the courts on the ground that such complaints were written in a
foreign language (in all cases the language was Russian). In all its decisions, the Council established
that this fact represented discrimination in terms of access to justice, on language grounds.
Therefore, the Council recommended the courts to avoid such actions in the future.
Moreover, the Council recommended to the Supreme Court of Justice to consider the
opportunity of issuing an Explanatory Decision on the concerned issue. In addition, the
Superior Council of Magistracy was notified in a number of cases.
The Council notes with regret that, in spite of the efforts made and the decisions issued,
the situation remains unchanged. Complaints on this issue continue to be filed to the
Council, which indicates that the situation has not changed in fact, and the courts
continue to ignore the Council’s recommendations.

Cases on employment discrimination
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Activity Report for 2014
The most serious forms of employment discrimination found by the Council in 2014 relate to the
dismissal of pregnant women and the publication of discriminating job announcements.
Case No. 105/2014 (S.T. vs. ISCA ”Air Moldova”)
The petitioner alleged that she was subject to maternity-related discrimination in exercising her right
to labour and to receiving social insurance payments for childbirth and childcare. The petitioner
stated that she had worked with ISCA ”Air Moldova” as a stewardesses and during her 5-years
employment, the employer concluded an individual labour contract with her for one year and
extended such contract at the beginning of every year, for one more year. After 5 years, the
employer terminated the labour relations with the petitioner, allegedly on grounds that her contract
expired, while in fact this was due to her pregnancy.
The Council ascertained that the provision on the determined term of the contract, made by the
employer, was illegal, as the work provided within the activity at “Air Moldova” did not fit into any
situation stipulated by art. 55 of the Labour Code, which would allow concluding a labour contract
for a determined term. Therefore, the Council noted that the conclusion of labour agreements for a
determined term in cases that are not stipulated by the labour legislation creates premises for
discrimination of the employees based on any criterion protected by law, including the maternity.
The Council recommended to the party complained against (the respondent), “Air
Moldova”, to reinstate the rights of the petitioner in order to ensure her access to social
insurance payments. In addition, while examining this complaint, the Council members
reached the conclusion that the actions complained against fall under art. 542 par. (1) of
the Contravention Code of the Republic of Moldova. Therefore, the Council prepared a
Report of Findings, which was sent to the competent court for applying the
corresponding sanction.
On January 31, 2015, the court acknowledged the culpability of ÎS CA ”Air Moldova” in undermining
the equal opportunities within employment, and dismissal based on maternity and sex criteria, and
sanctioned the respondent with a fine in the amount of 450 conventional units. The court decision
was appealed by the offender. The court of appeal referred the administrative case back to the
district court for repeated judgement.
Case No. 050/14 (Rodion Gavriloi vs. S.R.L. ”Legis-Com”)
The petitioner alleged that the vacancy announcements on the website http://www.jobinfo.md
contained requirements as regards the sex of the candidate, which, in fact, do not represent an
essential professional requirement.
The Council established that the act of posting of a job announcement that contains conditions and
criteria excluding or favouring people based on sex and age is discriminatory.
The Council recommended to the respondent S.R.L. ”Legis-Com” to take out all job
announcements published in the media and to take actions to avoid posting similar
announcements on its virtual space in the future.

Cases on discrimination in terms of access to goods and services which are available to the
public
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Activity Report for 2014
The Council established that the most serious cases of discrimination in terms of access to goods and
services, which are available to the public, are the following: access of persons with mental
disabilities to healthcare services, and access of persons with disabilities to cultural and leisure
services.
Case No. 047/14 (C.E. vs. Clinical Psychiatry Hospital)
The petitioner alleged that the treatment applied to their son, who has mental disabilities, in the
hospital section, did not correspond to the needs of his mental health condition. The son was obliged
to get inpatient treatment between 21 days (at least) and 30 days (at most), although he had been
getting better.
The Council concluded that the respondent, the Clinical Psychiatry Hospital of the Codru
town, had to provide to the petitioner reasonable accommodation and recommended
that it eliminate any barriers to exercising the right of access to mental healthcare
services.
Case No. 140/2014 (F.V. vs. S.R.L.”OLIMPUS-85”)
The petitioner asked the manager of the “Alexia” Fitness and Wellness Club (S.R.L. ”OLIMPUS - 85”) if
it would be possible to attend the gym and to benefit from the services of a personal coach. The
manager refused their access to the gym, justifying it by the fact that the sports club “Alexia” was not
a rehabilitation centre and did not have the conditions required for persons with disabilities.
The Council drew attention on the fact that it is crucial to adapt the buildings for the
needs of the persons with disabilities. Moreover, not only the construction needs to be
adapted, but also the services provided. Thus, the Council recommended to S.R.L.
”Olimpus-85” to implement measures for reasonable accommodation, both in terms of
the design of facilities and the services provided.
Case No. 156/2014 (C.A. vs. S.R.L. “ADRILUX – COM”)
The petitioner, a person with disabilities, alleged they were discriminated by not being allowed to
enter a nightclub. Having analysed the circumstances of this case, the Council got to the conclusion
that the petitioner was refused the access to the services provided by SRL “ADRILUX COM”, because
the facility was not adapted for the persons with disabilities.
The Council recommended the barman to apologize to the petitioner, and to SRL
“ADRILUX COM” - to implement measures of reasonable accommodation.

Cases on discrimination in education
Although the national legislation regulates inclusive education of the persons with disabilities, the
practice shows that these people continue to face barriers.
Case 122/14 (B. C. vs. Ministry of Education)
The petitioner alleged that they were discriminated by the Ministry of Education and the Youth and
Sports Directorate of the Chisinau Municipal Council, which refused to ensure reasonable
accommodation for them to pass the Baccalaureate examinations. The petitioner is a person with
21
Activity Report for 2014
locomotor disabilities and therefore requested to pass the exams at home. This case was widely
covered by the media, which prompted the Council to take action ex-officio and to examine the level
of fulfilment by the Ministry of Education of its obligation to provide reasonable accommodation to
persons with disabilities to pass the baccalaureate exams.
The Council ascertained that the Ministry of Education had an approach based on the
medical model of the persons with disabilities rather than an approach for every person
individually. The Council recommended the Ministry of Education to adjust its
Methodology for organisation and conduct of the baccalaureate exams for the following
years, in order to implement in practice the reasonable accommodation for each
candidate to the baccalaureate exams.

Cases of instigation of discrimination
In 2014, the Council addressed a specific form of discrimination – the instigation of discrimination,
which occurs frequently in the political speeches, mass media, and the social media.
Case No. 118/2014 (the Council vs.SRL „General Media TV” )
On 23.05.2014, a story entitled “The Euro-Sodomite Parade in Chisinau: 9 Dots on the I” was
published on the website www.voxpublica.md, signed by Hristofor Ciubotaru. The story criticized the
actions of the Ministry of Home Affairs aimed to ensure public order, the safety and protection of
people who participated in the equality march held on 17.05.2014 on Grigore Vieru avenue in
Chisinau. The story also mentioned the lack of reaction by the Chisinau Mayor’s Office to the
“intentions of the extremist minorities to march through the capital’s downtown” and the inactions
of the Moldovan Metropolitan Church “towards the homosexual aggression in the capital’s
downtown”.
The Council ascertained that the said story represented a discourse of instigating of hatred, as it
contained elements, which made it different from the other forms of expression: it targeted a group
of persons having specific characteristics, it stigmatized individuals by attributing them a set of traits
that are generally seen as highly undesirable, thus the targeted group was cast outside the ordinary
limits of social relations.
The Council recommended to the respondent SRL “General Media TV” to supplement the
Regulation of its public platform http://vox.publika.md in accordance with the provisions
of Law No. 121/2012 and to take actions in order to avoid future posting of articles
instigating to discrimination, as well as other stories with a discriminatory tinge.
Case 159/2014 (the Council vs. Renato Usatii)
As a result of the racist language used by Renato Usatii in his press conference of September 15,
2014, namely: “[…] I promise that this arriviste named Filat, this dirty and rammish gipsy man […] will
end up where he has to be!”; “[…] we all know Filat is half gypsy, but he is a dead duck gypsy […]”,
the Council took action ex-officio and explained the following:
Although the freedom of expression is one of the fundamental freedoms of individuals, it is not an
absolute freedom. It can and must be limited when ideas, information or opinions are expressed in
intolerant ways, in the form of racism, homophobia, xenophobia, anti-Semitism, and others. These
22
Activity Report for 2014
are unanimously recognised as hate speech, which undermines the ethnic, linguistic, national, and
social pluralism. When the author of such forms of expression is a politician, the reaction of the law
enforcement authorities should be corresponding.
The Council concluded that these phrases were pronounced publicly by a person who is a politician,
and in it was in this capacity that he delivered his speech at the press conference.
The Council recommended to the respondent to apologize publicly to the community of
Roma, using the same media through which he spread his racist speech. [So far, Mr.
Renato Usatii did not apologize publicly]
Case No. 108/2014 (the Council vs. S.A. “Bucuria” )
The Council was notified, through the social media, about the sexist image used for the sale of
candies. The Council believed that the image shown on the package of “Cuconada” (EN: “Hen Party”)
candies highlighted the female body, illustrating the genital area and spirits, which injured the
honour of females. The images showed the female body in an indecent light; particularly the genital
area was used as an element to promote the confectionery, although that image did not contribute
in any way to highlighting the quality of the product. The Council ascertained that the image spread
prejudice in the society about the female sexuality, particularly as opposite to the men’s
representation on the packages of “Folclor” chocolates, where the national folklore is portrayed only
by males, who are shown in a decent stand.
The Council explained that the Moldovan legislation (i.e. Law No.5 of 09.02.2006 on Ensuring Equal
Opportunities for Women and Men and the regulation on combating the sexist image in advertising
and the media, specifically the National Program on Ensuring Gender Equality for 2010-2015)
contains clear provisions forbidding the production and use of public materials showing the image of
women in a manner which humiliates their dignity.
At the same time, the Council mentioned about the draft Law for amendment and supplementation
of Law No. 1227-XIII of June 27, 1997 on Advertising, and Law No. 5 of 09.02.2006 on Ensuring Equal
Opportunities for Women and Men, which suggests forbidding sexist advertising, explaining the term
“sexist advertising” and introducing the definition of the term “sexism” – “a form of discrimination
based on sex, expressed through behaviour, attitude or conditions, about a gender or a sex as being
inferior, less competent, or less valuable than the other gender or sex, or which uses prejudice or
stereotypes by presenting erroneously the image of women or men or the social aspect of the
relationship between women and men, or the masculinity or femininity”.
The Council recommended to S.A. „Bucuria” to take all the necessary measures to stop
using the respective image and any other images of sexist nature in its activity.
The Council decided to send the copy of the respective decision to the relevant
Parliament Committee, to ensure consideration of these finding when the said
amendments are passed, as well as in order to speed the adoption of the amendments.
Case 180/14 (the Council vs. S.R.L. “Salva Horeca”)
On October 30, 2014, the company S.R.L. “Salva Horeca” (Burger Beef) launched a new product with
black bread, which it named O.N.O.J.E., a denomination that coincides with the name of the
Moldovan citizen, Mr. John Onoje, who is a black person. Moreover, this product was promoted
23
Activity Report for 2014
through social media, which engendered public discussions that violated Mr, Onoje’s human dignity,
specifically by the use of the phrase “black hole”.
The council concluded that the context and the intent of the respondents who produced, launched,
and promoted that product and the message associated to it, was “to make a joke”, thus
humiliating the black citizen of Moldova whose name is John Onoje. The Council did not accept the
justification that the burger with black bread and its name “O.N.O.J.E” was a mere coincidence with
the name of an existing black person.
The Council highlighted that the context in which the respondents launched and promoted this
product, as well as the comments made publicly about John Onoje, left no doubts that the intention
was to humiliate this person on grounds of his skin colour, thus showing their own ethnic superiority.
The Council recommended to respondents to apologize publicly to John Onoje. Shorty
after the decision was issued, the respondent filed an informative note to the Council,
confirming that it had fulfilled the Council’s recommendations.

Cases declared inadmissible by the Council
The main reasons for inadmissibly of complaints are the statute of limitations and the lack of the
constituent elements of a discrimination act (the presumption of discrimination).
In order to file a complaint to the Council about a discrimination act, the petitioner must describe
the circumstances in such way as to show the cumulative presence of the following constituent
elements of discrimination:
a)
b)
c)
d)
less favourable treatment towards him/her (exclusion, distinction, limitation, etc.);
the comparator (the person to whom he/she was compared);
the analogical situation (between the petitioner and the comparator);
the protected criterion.
Below are presented the reasons for which the complaints have been declared as inadmissible.

The statute of limitations prescribed by law has passed
Case 195/14. On December 12, 2014, the petitioner filed a complaint where they alleged they had
been discriminated at the workplace by the fact that their employer indicated their birth year in bold
font, in a letter issued on February 25, 2013, which caused their dismissal.
The Council declared the complaint as inadmissible based on art. 42, let. b) of Law No.
298 of 21.12.2012 on the Activity of the Council on the Prevention and Elimination of
Discrimination and Ensuring Equality, on the ground that the statute of limitations for
filing complaints to the Council, prescribed by law, had passed.

Lack of a discrimination criteria. Lack of analogical situation.
Case No. 095/14. The petitioner alleged that their daughter was subject to a discriminatory
treatment by the Ministry of Education, which refused to exempt her from the Baccalaureate
Examination. They alleged that their daughter, who had obtained a medal in a European
competition, was in an analogical situation with her colleagues who obtained medals in Olympic
24
Activity Report for 2014
competitions and were exempted from the Baccalaureate exam. The Council explained that the
petitioner’s daughter was not in a situation analogical to her colleagues who took part in the Olympic
competition, because the latter had gone through a more rigorous selection procedure and their
merits had been proven and acknowledged gradually. In addition, the Council expressed its opinion
on the criterion “membership to a different social group of ministerial origin” alleged by the
petitioner as being protected from discrimination, explaining that such social origin is not recognised
by neither the national law nor the international case law.
The Council declared the complaint inadmissible, explaining that the situation described
may not be assessed as analogical.

Lack of a comparator
Case No. 177/14. The petitioner, a political party, alleged that it was discriminated by the fact that,
when registered in the ballot, the name of the party included also its legal-organisational form, which
was absent with other parties. Therefore, the petitioner compared itself with the political parties,
which did not have this mention in their official names.
The Council explained that the petitioner could not compare itself to other electoral candidates, as
the criterion protected in this case existed with the comparators as well, because all of them are
political parties. In order for the case to be accepted for examination, the criterion had to be present
only for the alleged victim of discrimination.
The Council declared the complaint as inadmissible, because in the situation described,
the comparator had not been identified correctly.
2.4. Promotion of Equal Opportunities
During 2014, the Council undertook a number of actions involving the civil society representatives,
institutions, national and international organisations, as well as other relevant actors, with a view to
informing and raising public awareness about the need to fight discrimination.
2.4.1. Cooperation partnerships
During 2014, the Council cooperated with a number of national and international organisations and
development partners8, particularly the Office of the United Nations High Commissioner for Human
Rights (OHCHR); the United Nations Development Programme in Moldova (UNDP Moldova); and the
Ministry of Justice of the Republic of Moldova.
During the reporting period, 3 partnership agreements were signed:

Cooperation Agreement between the Council on the Prevention and Elimination of
Discrimination and Ensuring Equality and the Public Association “Coalition for NonDiscrimination” (May 26, 2014);

Cooperation Agreement between the Council and the Public Library of Law (December 8,
2014);
8
Annex 2 to this Report
25
Activity Report for 2014

Cooperation Agreement between the Council and the Public Association “Legal Resource
Centre of Moldova” for Implementation of the project “Promoting equality – Strengthening
the agents of change” (December 10, 2014).
2.4.2. Events aimed at promoting equal opportunities
During the reporting year, the Council members were involved in various activities aimed at
promoting equal opportunities, as sfollows:

Launch of the project “Prevention of Torture in Mental Health Facilities in Moldova”,
conducted on January 16, 2014 (Oxana Gumennaia);

Information session within the Training program organised by UNDP on UN Convention on
the Rights of Persons with Disabilities (Lucias Gavrilita);

Training on Monitoring the Observance of Minorities’ Rights to Education, organised on
January 24 by the Bureau for Interethnic Relations and the Office of the United Nations High
Commissioner for Human Rights (Ian Feldman);

Event organised on the occasion of the International Day for Commemoration of the
Holocaust Victims, organised by the Jewish Cultural Centre, KEDEM, on January 27 (Ian
Feldman);

Opening of the Photo Exhibition dedicated to the Holocaust, organised by the US Embassy to
Moldova on January 31 (Ian Feldman);

Meeting with the representatives of the Promo-LEX Association and The Equal Rights Trust,
organised by the Promo-LEX Association on February 25 (Oxana Gumennaia, Doina Ioana
Straisteanu);

Meeting of the Working Group for development of the Strategy for Integration of National
Minorities, organised by the Bureau for Interethnic Relations on March 25 (Oxana
Gumennaia);

Roundtable on “Policies for Integration of Persons with Disabilities on the Labour Market”,
organised on March 27 by the Association of Deaf Children (Lucia Gravrilita);

Conference “Psycho-Social Interventions in the Penitentiary Institutions of Moldova.
Psychological Assistance to Minors in Detention”, held on March 27-28 (Oxana Gumennaia);

National debates “Efficient Non-Discrimination Policies and Mechanisms in Moldova and
Romania”, organised on April 14 by the Council on the Prevention and Elimination of
Discrimination and Ensuring Equality of Moldova, the National Council for Combating
Discrimination of Romania, and the Institute for Public Policy of Romania (Andrei Brighidin,
Doina Ioana Straisteanu);

Participation in the presentation of the Study on Ensuring Access of Persons with Disabilities
to the Election Process, organised on May 20 by the Civic Coalition for Free and Fair Elections
and the Promo-LEX Association (Andrei Brighidin).

Press conference for promoting the online campaign No Hate Speech, organised on February
25 by the Ministry of Youth and Sports (Ian Feldman);

Press Club: Impact of Discriminatory Announcements on Unemployment in Moldova,
organised by the Coalition for Non-Discrimination on May 20 (Ian Feldman, Dumitru Russu).

Methodical meeting on “Access to Education and Prevention of Discrimination” for the
teaching staff of the theoretical high school “Vasile Vasilache” of Chisinau municipality,
organised on March 17 (moderator - Lucia Gavrilita).
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Activity Report for 2014

Roundtable on “Implementation of Law No. 121 of 25.05.2012 on Enforcement of Equality –
two years from its adoption”.

National students’ conference “Discrimination and Respect – Dimensions of the two
Extremes”.
2.4.3. Promoting the Council’s activity online and in the press
With a view to ensuring high transparency and visibility, in May 2014, the Council launched the
website www.egalitate.md, available in Romanian and Russian, which reflects the activity and the
events carried out by the Council. The website also helps ensuring the transparency of the decisions
issued by the Council, which are published on a regular basis, so that any interested person may
access them.
On the website, information of general interest is published and updated, including instructions on
the preparation and filing of petitions.
In addition, cases or resonance were publicised through the press releases published on the website.
The constantly increasing number of users and the number times the website was accessed, speak
about its popularity.
Since August 2014, the Council has been promoted more intensely through Facebook, which ensured
its higher visibility. Thus, during May-December 2014, we got 417 likes, which shows an increasing
number of persons who follow the activity of the Council.
During the reporting period, the Council members were involved in various activities aimed to raise
awareness about the trends of discrimination in the society, through various media outlets. The
Council organised 5 press conferences, had 6 appearances on TV/radio, and 46 appearances online.
The topics of the press conferences are presented below:

“The Council has decided: the legislation discriminates parents who have not abandoned
their children with serious disabilities in the state institutions” (February 17);

“Job announcements which are exclusive or favouring based on certain criteria, violating Law
No. 121 on Ensuring Equality” (February 25);

“Presentation of the report on the activity conducted by the Council in 2013” (March 21);

“Instigation of hatred and discrimination through political speeches” (November 4);

“Worrying status of the persons with disabilities from the Council’s perspective” (December
9).
It should be mentioned that in December 2014, the first issue of the Council’s Newsletter was
published.
27
Activity Report for 2014
CHAPTER III. STRENGTHENING THE OPERATIONAL CAPACITY OF THE COUNCIL
During 2014, comprehensive measures were taken to strengthen the institutional capacity of the
Council in order to ensure the fulfilment of strategic objectives set in the Strategic Development
Program for 2014 – 2016 (August 23, 2013) and the actions set out in the Roadmap for
Implementation of Law No. 121 of 25.05.12 on Ensuring Equality (March 26, 2014).
The experience gathered during the activity of the Council (2013 – 2014) has shown that the results
achieved in the main areas such as advocacy and public policy, promotion and prevention of
discrimination, and protection against discrimination, depend largely on the level of institutional
development.
With this in view, and based on the analysis of the experience gathered during half a year, it was
decided to optimise the operation of the administrative office by delegating clearer and more
distinct tasks. For this purpose, the structure of the administrative office was changed on April 8,
2014, and currently it includes the following subdivisions:

Directorate for Protection against Discrimination;

Directorate for Non-Discrimination Policies;

Section for Promotion of Equal Opportunities;

Human Resource Service;

Economy and Finance Service

Secretariat
In addition, in 2014, a number of actions were undertaken to ensure management of Council’s
human, financial, material, and technologic resources.
3.1. Human Resources
According to the provisions of Law No. 298/2012, the Staffing List of the Council’s administrative
office includes 20 units (civil servants and contract-based staff who carry auxiliary activities). The Law
also stipulates: “The staff of the Council’s administrative office provide organisational, informational,
as well as scientific and analytical assistance, and other type of support to the Council members, as
necessary for the activity of the Council.”
At the beginning of 2014, 9 persons were working in the administrative office. In order to ensure the
administrative office with the necessary staff, 3 competitions were organised, for which 57
applications were submitted. Following the competition (the interview and the practical assignment),
10 civil servants were employed, of which 4 – in administrative positions, and 6 – in executive
positions.
In the reporting period, a total number of 10 people were hired, and 3 people resigned.
By the end of 2014, 18 people were working in the administrative office, of which 6 – for more than
12 months; 3 – for 9 to 12 months, 1 person – for 6 to 9 months, and 8 people – for less than 6
months.
28
Activity Report for 2014
Following an analysis of the process of staff employment to the Council’s administrative office, the
following issues have been identified:

low professional level of the specialists in the area of prevention and elimination of
discrimination;

low awareness of the standards and practices in the area, particularly by the fresh graduates
of the Law faculties.
It should be noted that the jobs within the Council are not sufficiently attractive and motivating for
the applicants, because the salaries for civil servants are very low within the Council, as well as within
other public authorities.
In the reporting year, Council staff participated in a wide range of training activities on the following
topics: Public Service System in Moldova; Regulation of the activity of civil servants; Performance
evaluation; Practical applications for examination of legal documents and preparation of advisory
opinions; Practical applications for examination of complaints, etc.
During the reporting period, no trainings were organised for development of managerial skills of the
heads of subdivisions, for information processing, recordkeeping and analysis of the activities
conducted, for development of reports, etc.
3.2. Financial Resources
In 2014, the financial resources provided for the Council from the state budget amounted to 3814.5
thousand MDL, including 3314.5 thousand MDL for the basic component and 500.0 thousand MDL
for the justice sector reform component. Out of this amounts, 1728.5 thousand MDL were allotted
for salary payment to staff, 352.0 thousand MDL – for remuneration of the Council members, 1243.3
thousand MDL for payments for goods and services, 435.7 thousand MDL for purchasing fixed assets,
and 56 thousand MDL – for trips abroad.
73% of the budget was executed. Among the reasons for such level of execution are the following:
a) during 2014 there were vacancies, which resulted in a 75% fulfilment of the labour
remuneration plan and a 83% fulfilment of the insurance payments plan;
b) during 2014, less meetings of the Council members were convened than planned, which
resulted in 70% of the planned transfers to the population being achieved.
This may be explained by the fact that the Council members are not employees of the
Council and their agenda is formed and influenced primarily by their basic position;
c) the tender for procurement of IT services (consulting, software development, internet, and
assistance) was rejected due to the budget deficit, which has led to the plan for payment for
goods and services being achieved in a proportion of 74%;
d) failure to enforce payment orders in the amount of 184.0 thousand MDL, justified by the
Chisinau regional Treasury Office by the “failure to reach the level of incomes approved by
the Law on Public Budget for 2014”.
Out of the funds provided for the Justice Sector Reform Strategy, a total amount of 448.6 thousand
MDL were spent (90%), including for purchase of services for promotion of the Council, consulting
services, etc.
29
Activity Report for 2014
During the reporting period, 3 contracts were signed for the purchase of promotion services: 1
contract for production of stationery (calendars, folders, pens, notebooks, etc.) and 2 other contracts
for the production and placement of promotion materials for the Council (a social video/audio spot,
which will be broadcast during the first quarter of 2015).
3.3. Material Resources
During 2014, actions were undertaken to strengthen the material resources in order to create and
improve the working conditions for the Council staff.
The necessary equipment and technical maintenance services were purchased. In addition, the
Council acquired a part of the necessary furniture, a work centre, and consumables.
It should be mentioned that the spaces allotted for the Council staff are not sufficient. The request of
the Council for renting some additional offices was rejected. Currently, the offices covering an area
of 19.4 m2 accommodate four persons (4.8 5m2 per person, compared to 7.5m2 according to the
rules9); this hinders the efficient activity of the Council.
Apart from this, it is not possible to create specially set up offices for the admission of beneficiaries,
and there are no toilets for the persons with disabilities.
3.4. Information and Technology Resources
In 2014, the Council developed proposals for amendment of the legal framework regulating its
activity, based on the experience gathered and following the analysis of such framework.
On 03.07.2014 amendments of article 4235 of the Contravention Code were made in order to grant
to the Council the capacity of fact-finding agent for the offence stipulated in art.712, thus ensuring
the activity of the Council.
During 2014, actions were taken to develop the technologic/methodological system required for the
proper run of activities by the staff. The system would ensure the proper standardisation of the work
and would represent the institutional memory of the Council. Internal guidelines in this area were
developed and approved in order to facilitate and standardise the work with the registered
complaints. The Guidelines for Council’s representation to court were developed.
In addition, the Council decided to initiate the procedures required to purchase innovative case
management software. Thus, in 2014, the Terms of Reference were developed for the purchase of
the software necessary for the electronic system for management of the complaints, information,
reports, registers, etc. The Council is planning to organise the public procurement process for this
system in 2015.
9
Requirements for the spaces of public authorities. Ministry of Regional development and Constructions.
Regulations on the Construction of Administrative Buildings. Design Rules NCM C.01.04-2005.
30
Activity Report for 2014
Throughout 2014, the Council concluded service provision agreements for management information
systems; for development and hosting of the Council’s website; for informatics services for the
“Reports” module (Fintehinform) to be submitted to the Ministry of Finance, etc.
During the reporting period, the Council purchased consulting services in the following areas:

development of the Council’s structure and the regulations of its subdivisions;

preparation of the tasks for the interview and the practical assignment for some of
the competitions;

development of the Communications Strategy.
31
Activity Report for 2014
CHAPTER IV. CONCLUSIONS, RECOMMENDATIONS, AND PRIORITIES
4.1. Conclusions and Recommendations
The passing of the anti-discrimination law and the establishment of the national bodies responsible
for preventing and fighting discrimination should be followed by sustained efforts focused on the
amendment of the legal framework. It is highly important to consider increasing the efficiency of the
Council’s operation with a view to guaranteeing the principle of equality and non-discrimination. In
this effect, it is critical to eliminate the hindrances to the Council’s operation.
Significant amendments need to be made to the legislation on contraventions. Thus, we find it crucial
to impose administrative sanctions for all form of discrimination, under any aspect, such as sexism,
instigation of discrimination, racial discrimination, harassment at work by staff or by employer, etc.
In addition, it is necessary to extend the statute of limitations for offences involving discrimination10.
By introducing such amendments, more effective and efficient protection will be ensured to the
victims against all forms of discrimination.
The Council faces significant difficulties in terms of access to various institutions. While exercising its
mandate, the Council has to verify the accuracy of the information presented; this requires field trips
for the confirmation or information of the facts described in the petitioners’ complaints, including in
cases where individuals are confined (i.e. in penitentiary or medical facilities). Commonly, the refuse
of Council’s access to the closed-type institutions is justified by the lack of such authority of the
Council, granted expressly by law. Therefore, due to the lack of express regulations on this, the
Council is unable to exercise its mandate fully, in accordance with the legal provisions.
In order to increase the efficiency of its activity, it is critical for the Council to be authorised to
impose sanctions. It is worth noting that the EU standards in this area, such as the Directive
2000/43/EC, support the establishment of some independent institutions with comprehensive
powers, to ensure the efficient enforcement of the anti-discrimination legislation. One of the
minimal powers the national institution responsible for prevention and combating of discrimination
needs to have is the application of administrative sanctions for discrimination acts. A comparative
analysis of the activity of institutions responsible for fighting discrimination in the EU shows that the
trend is to establish integrated institutions of a quasi-judicial nature, which would operate as
administrative-jurisdictional authorities having the role to identify and sanction discriminatory acts.
In this context, it has been proven that the most efficient institutions are those, which have
administrative-jurisdictional powers. In this light, we advise making the corresponding amendments,
which would render the activity of the Council more efficient and would ensure proper transposition
of the EU directives.
Efforts are needed in order to avoid duplication of solutions on the same cases of discrimination. The
current provisions of Law No.121/2012 on Ensuring Equality enables the victims to chose either an
administrative remedy, by lodging a complaint to the Council, or a judicial remedy, by bringing an
action to court. We advise that the Council be mandatorily summoned for the trials of discrimination
cases. This would strengthen the institution and increase its efficiency. Moreover, the participation
of the national institution responsible for preventing and fighting discrimination in the capacity of
10
Anexa 1, pct. 28.
32
Activity Report for 2014
expert before the court in civil cases, represents one of the powers granted by the relevant EU
legislation, specifically Directive 2000/43/EC.
4.2. Priorities of the Council
For year 2015, the Council has set a series of priorities in fulfilling its main duties and strengthening
its institutional capacity.
4.2.1. In the prevention and elimination of discrimination and ensuring equality
Propose adjustments to the legislation, policies, and practices to ensure proper prevention and
fighting of discrimination:

Examine at least 16 effective regulatory and policy documents in the light of equality and
non-discrimination (focusing on the impact thereof on the vulnerable groups);

Develop regularly proposals and recommendations on draft regulatory documents.
Increase the legal literacy of the population to enable them claim their rights to equality and nondiscrimination, primarily for socially vulnerable groups:

Constantly build strategic partnerships with the non-government organisations and public
authorities (at least 5);

Build strategic partnerships with international organisations specialised in this area, as well
as with similar foreign institutions (at least 3);

Strengthen the Council’s presence in the regions (at least 3 information sessions);

Implement a broad campaign to promote diversity and equal opportunities and inform about
how to lodge petitions with the Council (at least 2 campaigns).
Use a holistic approach in preventing discrimination:

Constantly develop methodical recommendations for the public authorities and other
stakeholders on prevention of discrimination and ensuring equal opportunities;

Prepare a report on the implementation of the methodical recommendations made by the
Council;

Conduct training activities for the representatives of the public authorities, law enforcement
bodies, justice sector, civil society, and private sector for proper prevention of discrimination.
Reinstate the rights of persons who suffered from discriminatory acts committed by the public
authorities and others:

Examine all the complaints filed to the Council;

Identify cases with a collective impact and initiate corresponding actions to settle them;

Examine and develop an assessment of the level of petitioners’ satisfaction with the activity
of the Council;
33
Activity Report for 2014

Develop a report on enforcement of Council’s decisions and identify the factors influencing
this process.
4.2.2. In the organisation and operation of the Council:

Increase the functionality of the Council through legal interventions. To this effect, the
Council has set as a priority objective to finalise a comprehensive draft law for amendment of
the legislation on:
 the concept of the members’ activity;
 granting expressly competences to the Council to apply administrative sanctions;
 improving the procedure of examination of cases involving discrimination;
 increasing the number of staff within the Council’s administrative office.

Purchase a facility with all the conditions required for the Council to conduct its activities
properly, which would be accessible to all potential beneficiaries of the Council.
34
Activity Report for 2014
Annex 1. Proposals to amend the legislation in order to eliminate the barriers identified by the Council
Objective 1. Institutional and Operational Framework
No.
Legal provision
Amendment proposed
Justification
1
Art. 1 let. b) Law No.
298 of 21.12.2012
The following amendment is proposed: “[...] 27 units”
Increasing the number of staff units for the Council’s administrative
office is important in order to ensure its proper operation. Due to
the campaigns promoting the activity of the Council, the number of
complaints has been constantly increasing. On the other hand, the
number of appeals of decisions to the court has also been growing.
In addition, there are administrative cases started by the Council
ex-officio (currently 18 cases). To cope with all of these, more
human resources are needed. Therefore, there are plans to adjust
the internal structure of the Council and distribute the new staff
units as follows: 1 unit – for public procurements; 1- as a clerk (for
editing the protocols of hearings); 1- interpreter; 4- as assistant
lawyers to the members of the Council, specialised in representing
the Council’s interests to court.
2
Law No. 121 of
25.05.2012; Law No.
298 of 21.12.2012
It is proposed to change the name of the Council, as follows:
The current wording for the Council’s name is redundant and
grammatically incorrect.
“Council on Ensuring Equality and Fighting Discrimination”
and to use it throughout the entire text of the Law.
35
In this way, the name of the law and that of the Council will
become uniform. At the same time, this name would reflect the full
mandate of the Council. Therefore, the right to equality is a general
right from which non-discrimination stems, therefore, ensuring
equality includes preventive actions as well. The “fighting of
discrimination” will reflect the Council’s activity in terms of
Activity Report for 2014
examination of complaints.
3
Art. 11 par.1 Law No. 121
of 25.05.2012;
The following supplementation is proposed “[…] is an autonomous
public authority,” (…)
4
Art.11 par.11 Law No. 121
of 25.05.2012
Exclude the phrases: “The Chairperson of the Council shall work on
a permanent basis. The other members of the Council shall be
convened by the chairperson in meetings. If needed, the Council
may be convened upon the request of at least 2 of its members.”
5
Art.11 par.12 Law No. 121
of 25.05.2012
Exclude par. 12.
6
Pt. 10 . Law No. 298 of
21.12.2012
The phrase “The Meetings of the Council” shall be replaced by the
phrase “The hearing meetings of the Council”
Pt.11 . Law No. 298 of
21.12.2012
The phrase “The meetings of the Council” shall be replaced by the
phrase “The deliberative meetings of the Council”
Pt.12 . Law No. 298 of
21.12.2012
The phrase “The works of the Council’s meeting” shall be replaced
by the phrase “The works of the hearing meetings of the Council”
Pt.14 lit. c) Law No. 298 of
21.12.2012
The phrase “Council’s meeting” shall be replaced by the phrase
“hearing meeting of the Council”
7
Pt.14 lit. d) Law No. 298 of
21.12.2012
The phrase “Council members” shall be excluded
The council members will get all the materials as soon as they are
appointed as rapporteurs for the case.
8
Pt.19 Law No. 298 of
21.12.2012
Following the word “motions”, the word “resolutions” shall be
added
This is about the resolutions on case merger.
36
It is proposed that all Council members work on a permanent basis,
in order to increase the efficiency of its activity.
These adjustments are required in order to have clearer provisions
by making the distinction between hearing meetings and
deliberative meetings.
Activity Report for 2014
9
Law No. 298 of
21.12.2012
Shall be supplemented with a new point, as follows: “541. The
hearing meeting shall be recorded on magnetic medium and shall
be included in a protocol to be attached to the case file. The Council
shall notify the heard individual about the fact that statements
made during the hearing shall be recorded.”
Objective 2. Correlation of the timeframes set for the exercise of Council’s duties
10
Art. 15 (1) Law No. 121 of
25.05.2012
Pt. 51. Law No. 298 of
21.12.2012
The following wording is proposed: “The complaint shall be
examined within 90 days from the date it was registered”.
The following wording is proposed: “The general term for settling a
complaint shall be 90 days from the date the complaint was
registered by the petitioner until the date a decision is issued”
The term 30 days for examination of a complaint is restrictive and
one cannot manage to use all the procedures provided by law with
a view to settling the case in due time.
In order to avoid contradictory and equivocal provisions, it is
proposed to set a general term of 90 days from the registration
until the issuance of a decision.
11
Art. 15 (5) Law No. 121 of
25.05.2012
The hollowing wording is proposed: “within 10 days from their
adoption”
This amendment is needed in order to avoid any disagreements in
the enforcement and to bring it in line with the term provided for
in pt. 66 of the Regulation “The Council’s decision shall be
communicated to the parties within 10 days from their adoption”.
12
Art. 15 (5) Law No. 121 of
25.05.2012
The following wording is proposed: “The council shall be notified
with 30 days about the actions undertaken, and any relevant
evidence shall be presented”
The term of 10 days is not sufficient to implement the
recommendations made by the Council. At the same time, it is
proposed to set out expressly the obligation of the respondent to
submit possible evidence, depending on the specifics of the
recommendations.
Objective 3. Introduce additional powers for the Council
37
Activity Report for 2014
13
14
Art. 12 Law No. 121 of
25.05.2012 Responsibilities
of the Council
It is proposed to introduce a new point, as follows:
“ i 1) Conduct field trips to investigate on the spot the facts
indicated in the complaint, which need to be confirmed ”
It is proposed to amend the text at letter k), as follows:
“k) apply administrative sanctions if following the investigation and
examination of the complaint it is established that an
administrative offence was committed;”
The need for these amendments results from the hindrances faced
by the Council during the performance of its duties. For instance,
there is a significant number of requests to the Council to conduct
field trips in order to confirm or deny the facts indicated in the
petitioners’ complaints, particularly in cases where the persons are
confined (for instance in penitentiary or medical institutions). In
such cases, the Council needs to have express authority to visit
such places. Such authority is hard to obtain unless there is express
regulation on that.
Therefore, in the absence of express regulation, the Council is
unable to exercise its duties fully, in accordance with the set
principles.
The EU standards in this area, specifically Directive 2000/43/EC,
support the establishment of some independent institutions with
extensive powers, which would ensure the efficient enforcement of
the anti-discrimination legislation. Thus, one of the minimal powers
to be vested with the national institution responsible for
preventing and fighting discrimination (i.e. the Council) is the
power to apply administrative sanctions for discrimination acts and
to participate as an expert before court, in civil cases.
A comparative analysis of the activity of institutions responsible for
fighting discrimination in the EU shows that the trend is to
establish integrated institutions of a quasi-judicial nature, which
act as administrative-jurisdictional authorities, having the role of
identifying and sanctioning the discriminatory acts. In this context,
it has been proven that the most efficient institutions are those,
which have administrative-jurisdictional powers.
In this light, we advise on making the corresponding amendments
in order to increase the efficiency of Council’s activity and to
ensure correct transposition of the EU directives.
38
Activity Report for 2014
15
Pt. 32 let. Law No. 298 of
21.12.2012
The text of this point shall be supplemented, at the end, as
follows: “including to make recommendations in its decisions
finding discrimination committed by the respective authority”;
Objective 4 Terms and criteria
16
17
Art.1 par. (1) Law No. 121
of 25.05.2012
Art. 2 Law No. 121 of
25.05.2012
It is proposed to exclude the word “similar”
It is proposed to be supplemented with the following term:
“Sexism - a form of discrimination based on sex, expressed through
behaviour, attitude or conditions, about a gender or a sex as being
inferior, less competent, or less valuable than the other gender or
sex, or which uses prejudice or stereotypes by presenting
erroneously the image of women or men or the social aspect of the
relationship between women and men, or the masculinity or
femininity”
To ensure the efficiency of the process of preventing and fighting
discrimination, the Council, as a national institution vested with
such powers, should cover all the criteria protected by law and all
the areas of interest, without any ambiguity.
Moreover, the list of criteria protected under this law will be
adjusted to the list of criteria protected by art. 14 of ECHR and the
Protocol No. 12, which states simply “or other status”. Therefore, it
is proposed to exclude the word “similar”.
This term is used in the National Program on Ensuring Gender
Equality for 2010-2015 (G.D No. 933 of 31.12.2009), however, it is
not included in the national legislation;
This issues was also addressed in the CEDAW Concluding
Observations, Pt. 17-18 of 29.10.2013
Objective 5. Procedure of complaint settlement
18
Art. 14 Law No. 121 of
25.05.2012 and pt. 42 Law
298 of 21.12.2012
It is proposed to merge the text, as follows:
“Article 14. Admissibility of complaint
the Council shall declare a complaint as inadmissible if it:
a) fails to meet the requirements set in art. 13 par. (2);
b) is a repeated complaint, which contains no new information or
evidence;
c) was not lodged by the authorised person;
39
The current wording is conflicting. Law No. 121/12 uses the term of
rejection of the complaint, while the Regulation on the Activity of
the Council uses the term of admissibility of the complaint.
Moreover, the criteria for declaring the inadmissibility of or
rejecting a complaint are the same. Therefore, it is proposed to
merge the criteria and, in order to ensure the consistency of the
terms used, it is proposed to use the term admissibility. Therefore,
in order to exclude duplication, pt. 42 of the Regulation on the
Activity Report for 2014
d) was lodged with violation of the statute of limitations;
Activity of the Council shall be excluded.
e) does not fall under the competence of the Council;
f) has an object, which does not fall under the scope of the law on
ensuring equality.”
19
Art. 15 par. (2) Law No.
121 of 25.05.2012
It is proposed to be supplemented with the following provision:
20
Art. 5 let. b Law No. 121 of
25.05.2012
It is proposed to exclude the phrase “mediation through”
21
Pt.52 Law No. 298 of
21.12.2012
It is proposed to exclude the last sentence.
22
Pt.56 Law No. 298 of
21.12.2012
Shall have the hollowing wording “56. The petitioner or, as
appropriate, the interested person shall present fact sand possible
evidence, which allow for the presumption of occurrence of a
discrimination act, while the respondent shall have the right to
prove that there has been no violation of the principle of equal
treatment”.
“c) ensure the necessary support and conditions for proper conduct
of the examination of complaint.”
In practice, it is difficult to form an opinion on the merits of the
complaint before the meeting. While for the part related to the
admissibility, the rapporteur member expresses his/her opinion
within preliminary examination, before the hearings are set.
Objective No. 6 Special provisions
40
Activity Report for 2014
23
Art. 7 par. (1) Law No. 121
of 25.05.2012
It is proposed to replace the phrase “employment or dismissal”
with the phrase “closure, suspension, change or termination of the
labour relations”
and to exclude the following sentence “The forbiddance of
discrimination based on sexual orientation shall be applied in the
area of employment”.
In par. 2 the phrase “of the employer” shall be excluded
24
Art. 18 Law No. 121 of
25.05.2012
It is proposed to be supplemented with a new paragraph, as
follows “(4) When the case is heard in court, the Council shall be
summoned”
These amendments will contribute to the consistent enforcement
of the anti-discrimination legislation in the national courts.
25
Annex 3 to Law No. 355XVI of December 23, 2005
on the Wage System in the
Public Sector (Official
Gazette of the Republic of
Moldova, 2006, no. 35-38,
Art.148) with the
subsequent amendments
and supplementations
It is proposed to amend the section Council on the Prevention and
Elimination of Discrimination and Assurance of Equality, which shall
have the following content:
Depending on the previous amendments related to the name of
the Council, the same name shall be used.
26
Annex to Law No. 199 of
July 16, 2010 on the Status
of Political Appointees
(Official Gazette of the
Republic of Moldova,
2010, nr. 194-196,
Council on the Prevention and Elimination of Discrimination and
Assurance of Equality
Chairperson
9180 lei
Member
8640 lei
It is proposed to substitute the position “Chairperson of the Council
on the Prevention and Elimination of Discrimination and Ensuring
Equality” with the position “Chairperson, member of the Council on
the Prevention and Elimination of Discrimination and Ensuring
Equality”.
41
Activity Report for 2014
art.637), with the
subsequent amendments
and supplementations
27
Art. 32 Law No. 273-XIII of
November 9, 1994 on Law
on ID Documents of the
National Passport System
(Official Gazette of the
Republic of Moldova,
1995, No. 9, art.89) with
the subsequent
amendment and
supplementations
It is proposed to supplement Article 32 paragraph (2) with letter n3)
having the following content: “n3) the members of the Council on
the Prevention and Elimination of Discrimination and Ensuring
Equality”.
28
Art. 30 Contravention
Code of the Republic of
Moldova
It is proposed to supplement paragraph (21), after the word “first”
with the phrase ”and art. 542, 651, 711, 712”.
42
The general statute of limitations of 3 months from the time of
commission is too small for the offences established by the Council.
This term may not be applied with relation to other terms set out
by Law No. 121/2012. Thus, the petitioner may address to the
Council within one year from the date when the discrimination act
was committed. Moreover, the extended time of 90 days for the
examination of a complaint. Therefore, if an offence is established
upon finalisation of the examination, it will be impossible to apply
the administrative sanction as the limitations eliminate the
administrative liability.
Activity Report for 2014
Annex 2. Organisations and institutions with which the Council cooperated in
its activity for Prevention and Elimination of Discrimination and Ensuring
Equality in 2014

The Parliament of the Republic of Moldova (Committee for Human Rights and
Interethnic Relations, Legal Committee for Appointments and Immunities);

Office of the United Nations High Commissioner for Human Rights (OHCHR);

United Nations Development Programme in Moldova (UNDP Moldova);

Council of Europe Office in Moldova;

Centre for Human Rights of Moldova;

Ministry of Foreign Affairs and European Integration of the Republic of Moldova;

Ministry of Justice of the Republic of Moldova;

Coalition for Non-discrimination (CND);

Institute for Public Policy of Moldova;

Foreign Policy Association of Moldova;

Legal Resource Centre of Moldova;

Soros-Moldova Foundation;

Promo-LEX Association;

Equal Rights Trust;

National Institute of Justice;

Public Library of Law;

National Council for Combating Discrimination of Romania;

European Commission against Racism and Intolerance (ECRI).
43