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of February 9, 2006 No. 5-XVI

About providing equal opportunities for women and men

(The last edition from 24-05-2018)

The parliament adopts this organic law.

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;

temporary special measures - the measures directed to acceleration of achievement of the actual equality between women and men for the purpose of elimination and prevention of discrimination or not benefits following from the existing relations, behavior and structures;

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 temporary special 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, equal approach to women and men;

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 or nonverbal behavior which degrades advantage of the personality or leads to creation of spiteful, hostile, destructive, humiliating or offensive situation for the purpose of compulsion of person to the sexual relations or to other undesirable actions of sexual nature by threats, oppressions, blackmail;

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.

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