LAW OF THE REPUBLIC OF MOLDOVA

of February 9, 2006 No. 5-XVI

About providing equal opportunities for women and men

The parliament adopts this organic law.

This law shifts in the national legal system the Directive of Council 2004/113/EC of December 13, 2004 about realization of the principle of equality of men and women in case of access to goods and services and by provision of goods and services, CELEX: 32004L0113, published in the Official magazine of the European Union by L 373 of December 21, 2004, and partially shifts the Directive of the European parliament and Council 2006/54/EC of July 5, 2006 about realization of the principle of the equal address and equal opportunities for men and women in the field of work and employment (in the new edition), CELEX: 32006L0054, published in the Official magazine of the European Union by L 204 of July 26, 2007.

Chapter I General provisions

Article 1. Law purpose

The purpose of this law is ensuring realization of the equal rights of women and men guaranteed by the Constitution of the Republic of Moldova in political, economic, social, cultural and other spheres of life for prevention and elimination of all forms of discrimination on the basis of floor.

Article 2. Basic concepts

In this law the following concepts are used:

integrated approach to question of gender equality - inclusion of the principle of equality of women and men in policy and programs in all areas and at all levels of acceptance and accomplishment of decisions;

positive measures – the positive measures taken before achievement of full equality of women and men and intended for prevention or compensation of the adverse factors connected with separation on the basis of sex for the purpose of providing in practice of full equality of women and men;

discrimination on the basis of floor - any distinction, exception, restriction or preference which is directed or leads to restriction or nullifies recognition, implementation and implementation on the basis of equality between men and women of the rights and fundamental freedoms of the person;

direct discrimination on the basis of sex - any action discriminating in similar situations one person in comparison with other person of other floor including in connection with pregnancy, motherhood or paternity;

indirect discrimination on the basis of floor - any actions, rules, criteria or the practice identical for women and men, but with unequal consequences or result for one of floors, except for positive measures;

equal opportunities - lack of obstacles for equal participation of women and men in political, economic, social, cultural and other spheres of life;

gender equality - equality in the rights, equal opportunities for realization of the rights, equal participation in all spheres of life, the equal treatment of women and men;

the equal treatment of women and men – non-admission of direct or indirect discrimination on the basis of floor, including less benevolent treatment of women in connection with pregnancy and motherhood;

gender - social aspect of the relations between women and men which is shown in all spheres of life;

coordination panel on gender – the coordination consultative body consisting of gender units as a part of divisions with competences of development, promotion and monitoring the politician in sphere of activity of industry body of the central public management;

sexual harassment - manifestation of physical, verbal, nonverbal behavior or other actions of sexual nature leading to creation of spiteful, hostile, destructive, humiliating or offensive situation the purpose or consequence of which is infringement of advantage of the personality;

sexist language – the expressions and addresses representing women and men in situations of humiliating, offensive and violent nature, offending their advantage;

the principle of gender equality – the principle providing equality of women and men in the rights, opportunities and obligations in all spheres of life;

floor - set of the anatomo-physiological features dividing the human race into women and men;

gender unit - the specialist given with functions on promotion of gender equality in structure as a part of which he works.

Article 3. Subjects of legal relationship in the field of gender equality

Subjects of legal relationship on ensuring gender equality are the state, legal entities and physical persons (irrespective of age).

Article 4. Legislation

(1) Legal relationship in the field of gender equality are regulated by the Constitution of the Republic of Moldova, this law, other regulations, and also international treaties, one of the parties of which is the Republic of Moldova.

(2) in case of discrepancy between provisions of this law and provisions of international treaties, one of the parties of which is the Republic of Moldova, the priority is given to international treaties.

Article 5. Prohibition of discrimination on the basis of floor

(1) In the Republic of Moldova women and men have the equal rights and freedoms and equal opportunities guaranteed to them for their realization.

(2) Carrying out policy or making of action, not providing equal opportunities to women and men, is discrimination and is subject to elimination according to the legislation by competent authorities of the public power.

(3) Discrimination on the basis of floor can be direct, indirect, by means of association or victimization.

(4) the Actions somehow limiting or excluding equal approach to women and men are discrimination and are prohibited.

(5) the Legal act containing discrimination provisions on the basis of sex is declared by degree of jurisdiction invalid.

(6) are not discrimination:

a) measures for providing special conditions for women during pregnancy, childbirth and breastfeeding;

b) the difference in the address based on the characteristic connected with floor for the reasons relating to the nature of special professional activity when such characteristic represents the real and certain professional requirement provided that the purpose is legal, and the requirement is proportional;

c) special announcements of hiring of representatives of one of floors for workplaces where the nature of special professional activity when the characteristic connected with floor represents the real and certain professional requirement is specified provided that the purpose is legal, and the requirement is proportional;

d) positive measures.

Chapter II Providing equal opportunities for women and men in the public sphere

Article 6. Equal access to replacement of public positions

(1) in case of establishment of conditions for replacement of public positions of the central and local level equal opportunities for participation in tender of women and men shall be provided.

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