LAW OF THE REPUBLIC OF MOLDOVA

of May 25, 2012 No. 121

About ensuring equality

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, and 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, published in the Official magazine of the European Union by L 373 of December 21, 2004.

Chapter I. General provisions

Article 1. Purpose of the law and scope of application

(1) the Purpose of this law is prevention and fight against discrimination, and also providing the equal rights to all persons which are under jurisdiction of the Republic of Moldova in political, economic, social, cultural and other spheres of life, irrespective of race, skin color, national, ethnic and social identity, the social status, nationality, language, religion or beliefs, age, sex, gender identity, marital status, sexual orientation, limited opportunities, the state of health, the HIV status, views, political affiliation, property status, the birth, or any other sign.

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

a) to 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 freedoms, legitimate interests and benefits of person or group of persons, and also support of the discrimination behavior based on the real or expected protected signs provided by this law except case when those objectively are also reasonably acquitted by the legal purpose, and means of achievement of this purpose are pro rata, corresponding and necessary;

direct discrimination - the treatment of one person less favorable, than the treatment of other person in comparable situation, based on any of the real or expected protected signs, except case when that objectively is also reasonably justified by the legal purpose and if means of achievement of this purpose are pro rata, corresponding and necessary;

indirect discrimination - any obviously neutral condition, action, criterion or the practician putting one person in uncomfortable position in comparison with other person based on the protected signs except case when such condition, action, criterion or practice objectively are also reasonably 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 based on the real or expected protected signs it is connected with one or several persons belonging to these categories of persons;

the lasting discrimination - any discrimination act which is characterized by continuous making indefinitely of discrimination action or failure to act which is recognized ended from the moment of that termination or from the moment of approach of the events interfering this act;

the continued discrimination - any discrimination act which is characterized by two or more identical actions and/or failures to act made with the single purpose and components whole;

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, based on the real or expected protected signs 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, based on the real or expected protected signs;

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 before achievement of full equality and intended for prevention or compensation of the disadvantageous conditions connected with the protected signs

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 of implementation of the rights and fundamental freedoms in conditions, equal with others;

the claim - in the definition given by the Law on activities of Council for questions of equality No. 298/2012.

Article 3. Subjects in the field of discrimination

Subjects in the field of discrimination are physical persons and legal entities of the public and private sphere.

Article 4. Serious forms of discrimination

Serious forms of discrimination are:

a) promotion or implementation of discrimination by bodies of the public power;

b) support of discrimination by means of mass media;

c) placement of discrimination messages and symbols in public places;

d) discrimination of persons on two or more signs;

e) the discrimination made by two or more persons;

f) the lasting or continued discrimination;

g) the discrimination made concerning group of persons;

h) racial segregation.

Article 5. Discrimination liquidation methods

Discrimination can be liquidated by the following methods:

a) preventions of any discrimination actions by means of introduction of special measures, including positive measures, for the purpose of protection of persons, conditions, being in unprofitable in comparison with other persons. Positive measures shall be applied before achievement of equality and social integration of persons or groups of persons, conditions, being in unprofitable in comparison with other persons;

b) mediations in permission of the discrimination actions of the conflicts which arose owing to making peacefully;

c) punishments for discrimination behavior;

d) compensations of the material and moral harm done owing to discrimination action.

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