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of May 25, 2012 No. 121

About ensuring equality

(In edition of the Laws of the Republic of Moldova of 21.07.2016 No. 102, 21.12.2017 No. 305, 26.04.2018 No. 74)

The parliament adopts this organic law.

This law creates necessary base for application of the Directive 2000/43/EU of Council of June 29, 2000 about ensuring accomplishment of the principle of equality of persons irrespective of the racial or ethnic origin published in the Official magazine of the European Union No. L180 of July 19, 2000 and the Directive 2000/78/EU of Council of November 27, 2000 about creation of general standards in support of equality in the sphere of the employment and work published in the Official magazine of the European Union No. L 303 of December 2, 2000.

Chapter I General provisions

Article 1. Purpose of the law and scope of application

(1) the Purpose of this law is the warning and fight against discrimination, and also providing the equal rights to all persons who are in the territory of the Republic of Moldova in political, economic, social, cultural and other spheres of life irrespective of race, skin color, nationality, ethnic origin, language, religion or beliefs, sex, age, limited opportunities, views, political affiliation, and also on the basis of any other similar sign.

(2) Provisions of this law do not extend and cannot be interpreted as causing damage:

a) to the family based on scrap by mutual consent between the man and the woman;

b) to the adoption relations;

c) to religious cults and their components in the part connected with religious beliefs.

Article 2. Basic concepts

In sense of this law the below-specified concepts have the following values:

discrimination - any distinction, exception, restriction or preference in the rights and personal freedoms or groups of persons, and also support of the discrimination behavior based on the real signs established in this law or expected;

direct discrimination - the treatment of one person on any of prohibitive signs less favorable, than with other person in comparable situation;

indirect discrimination - any obviously neutral condition, action, criterion or the practician putting one person in uncomfortable position in comparison with other person on the signs established in this law except case when such condition, action, criterion or practice are objectively justified by the legal purpose and means of achievement of this purpose are pro rata, corresponding and necessary;

discrimination on association - any act of discrimination made against face which, though is not part of the category determined by the signs established by this law it is connected with one or several persons belonging to these categories of persons;

racial segregation - any action or failure to act which directly or indirectly leads to separation or distinction of persons on signs of race, skin color, national or ethnic origin;

harassment - any undesirable behavior which leads to creation of spiteful, hostile, destructive, humiliating or offensive situation, the purpose or of which humiliation of advantage of the personality on the signs established by this law is result; instigation to discrimination - any behavior by means of which person puts pressure or shows certain behavior for the purpose of discrimination of the third party on the signs established by this law;

victimization - any action or failure to act which is followed by negative consequences as a result of submission of the claim, presentation of the claim in degree of jurisdiction for the purpose of ensuring application of provisions of this law or provision of information, including the testimony which concern the claim or the claim submitted other person;

positive measures - the temporary special measures taken by bodies of the public power for benefit of any person, group of persons or community, aimed at providing their natural development and effective realization of equal opportunities in comparison with other persons, groups of persons or communities;

reasonable adaptation - any necessary and adequate change or adaptation which do not oblige to the disproportionate or unjustified decision, when necessary in specific case for providing to any person in the cases of implementation of the rights and fundamental freedoms established by the law in conditions, equal with others.

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