of February 9, 2006 No. 5-XVI
About providing equal opportunities for women and men
The parliament adopts this organic law.
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.
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, 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.
Subjects of legal relationship on ensuring gender equality are the state, legal entities and physical persons (irrespective of age).
(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.
(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) temporary special measures.
(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.
(2) Establishment of any straight lines or indirect restrictions on basis of sex in case of the announcement, the organization and the admission to tender on replacement of public position is forbidden, behind the withdrawals provided by this law.
(3) Heads of bodies of the central and local public authority, other officials shall provide equal access to replacement of public positions, process of continuous professional development and promotion on position according to professional requirements irrespective of sex of applicants.
(4) the announcement and the organization of tender only for same-gender persons is not allowed.
(1) the Central Election Commission, county electoral councils, local electoral bureaus provide respect for the principle of gender equality in the electoral system.
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