No.
5-XVI of 9 February 2006
The Parliament adopts this organic
law.
Chapter
I
General
provisions
Article 1. Scope of law
The scope of this Law pertains to
ensuring the exercise by women and men of their equal rights in the political,
economic, social, cultural, and other spheres of life, rights guaranteed by the
Constitution of the Republic of Moldova, with a view to preventing and
eliminating all forms of discrimination based on the criterion of sex.
Article 2. Basic terms
In the meaning of this Law, the
following basic terms shall mean:
complex approach to equality between
women and men – integration of the principle of equality between women and men
into policies and programs from all spheres and at all levels of adoption and
implementation of decisions;
affirmative actions – special
temporary actions to speed up the attainment of real equality between women and
men, intended to eliminate and prevent discrimination or disadvantages that
emanate from existent attitudes, behaviors and structures;
discrimination on the criterion of
sex – any distinction, exception, limitation, or preference that is aimed at or
followed by a limitation or impediment of recognition, exercise, and/or
implementation of fundamental human rights and freedoms, based on equality
between men and women;
direct discrimination on the
criterion of sex – any action that in similar situations discriminates against
a person in comparison to another person of another sex, also by reason of
pregnancy, maternity, or paternity;
indirect discrimination on the
criterion of sex – any action, rule, criterion, or practice, identical for
women and men but that has an effect or result that is unequal for one of the
sexes, except for affirmative actions;
equal opportunities – absence of
barriers in participation in activities from the political, economic, social,
cultural, or other spheres of life, based on equality between women and men;
equality between women and men –
equality in rights, equal opportunities in exercising one’s rights, equal
participation in all spheres of life, equal treatment of women and men;
gender – social aspect of relations
between women and men, which is manifested in all spheres of life;
sexual harassment – any form of
physical, verbal, or nonverbal behavior, of sexual nature, which abases a
person or creates an unpleasant, hostile, degrading, humiliating, or insulting
environment;
sex – the aggregate of anatomic and
physiological characteristics that differentiates human beings as women and
men;
gender unit – a specialist vested
with duties to promote equality between women and men in the institution where
he/she is employed.
Article 3. Subjects of legal
relations in the sphere of equality between women and men
The subjects of legal relations
aimed at ensuring equality between women and men are: the state, legal persons,
and natural persons (regardless of age).
Article 4. Legal framework
(1) Legal relations in the sphere of
equality between women and men shall be regulated by the Constitution of the
Republic of Moldova, by this Law, and by other normative acts, as well as by
international treaties to which the Republic of Moldova is a party.
(2) In case of a discrepancy between
the provisions of this Law and those of international treaties to which the
Republic of Moldova is a party, the international treaties shall prevail.
Article 5. Prohibition of
discrimination on the criterion of sex
(1) In the Republic of Moldova,
women and men enjoy equal rights and freedoms and are guaranteed equal
opportunities to exercise these rights and freedoms.
(2) The promotion of a policy or the
performance of actions that do not ensure equal opportunities between women and
men shall be deemed discriminatory and shall be removed by the competent public
authorities, in accordance with the legislation.
(3) Discrimination may be direct or
indirect.
(4) Actions that restrict or exclude
in any aspect the equal treatment of women and men shall be deemed
discriminatory and are prohibited.
(5) Any legal act containing
discriminatory provisions, based on the criterion of sex, shall be declared
null by the competent bodies.
(6) The following shall not be
deemed discriminatory:
a) measures to ensure certain
special conditions for women during the period of pregnancy, recuperation,
and/or breast-feeding;
b) qualification requirements for
activities in which special characteristics based on sex constitute a decisive
factor, given the specific conditions and way of carrying out the respective
activities;
c) special advertisements for
employment of persons of a certain sex in the work place where, given the
nature or special conditions of performing the job, as provided by law, special
characteristics based on sex are decisive;
d) affirmative actions.
Chapter
II
Ensuring
equal opportunities between women and men in the public domain
Article 6. Equal access to public
office
(1) When establishing conditions for
holding central and local public office, it is necessary to ensure equal
opportunities for participation of women and men in the competition for
employment.
(2) The establishment of direct or
indirect restrictions based on the criterion of sex when announcing,
organizing, or admitting entry to a competition for public office shall be
prohibited, except as provided by this Law.
(3) The heads of central and local
public administration authorities and other officials must ensure equal access
to public office in conformity with professional requirements, without
differentiation on the criterion of the sex of the applicants.
(4) The announcement and
organization of competitions exclusively for persons of a certain sex is not
allowed.
Article 7. Equal opportunities in
the electoral sphere, in the activity of political parties and other
socio-political organizations
(1) The Central Election Commission,
election councils and district bureaus shall ensure the observance of the
principle of equality between men and women in the electoral sphere.
(2) Parties and other
socio-political organizations must contribute to ensuring equal rights and
opportunities between their members, women and men, by means of:
a) ensuring representation of women
and men in the composition of their management bodies;
b) ensuring representation in the
lists of candidates of women and men, without discrimination on the criterion
of sex.
Article 8. Equal opportunities in
mass-media
(1) Mass-media shall contribute to
the promotion of the principle of equality between women and men within society
by developing programs and materials to overcome gender stereotypes.
(2) Any public discourse or
materials that present the image of women or men in a manner that abases them
shall be deemed unacceptable and shall be counteracted in accordance with this
Law.
Chapter
III
Ensuring
equal opportunities between women and men
in
the socio-economic sphere
Article 9. Equal access to
employment
(1) The state guarantees equal
rights and opportunities, as well as equal treatment of women and men, in
employment.
(2) The employer shall perform
hiring through methods that ensure equal access of women and men to a position,
including through affirmative actions.
Article 10. Employer’s cooperation
with employees and trade union representatives
(1) The employer shall cooperate
with employees and trade union representatives with a view to establishing
internal regulations that will prevent and exclude cases of discrimination
based on the criterion of sex during work.
(2) Procedures necessary to ensure
equality between women and men may be included as duties of the employer and
the employee in individual labor contracts, in collective bargaining contracts
and in collective agreements.
(3) In order to ensure equality
between women and men, the employer shall:
a) ensure equal opportunities and
treatment to all persons, corresponding to the profession and without any
discrimination on the criterion of sex, upon hiring, upon enhancement of
professional skills, and upon promotion;
b) apply the same evaluation
criteria as regards quality of work, sanctioning, and dismissal;
c) ensure equal remuneration for
labor of equal value;
d) undertake measures to prevent
sexual harassment of women and men at their place of work, as well as to
prevent persecution for submitting complaints against discrimination to the
competent body;
e) ensure equal conditions for women
and men as regards combining service duties with family obligations;
f) introduce provisions prohibiting
discrimination based on the criterion of sex into the regulations for
organization and operation of the unit.
Article 11. Discriminatory actions
by an employer
(1) The following actions by an
employer shall be deemed discriminatory:
a) placing advertisements for
employment with requirements and criteria that imply priorities given to one of
the sexes, except for cases specified in Article 5, paragraph 6, subparagraph
c;
b) refusing, without basis, to
employ persons of a certain sex;
c) establishing a more favorable
work schedule for employees, on the basis of their sex, except for cases
provided by legislation;
d) refusing, without basis, to admit
a person into a program for enhancement of professional skills based on reasons
of his/her sex, or altering or canceling a labor contract or terms of
employment based on the same reasons;
e) applying different conditions of
remuneration for work of equal value, based on the criterion of sex;
f) distributing differently labor tasks,
based on the criterion of sex, which result in a less favorable status;
g) creating impediments or adverse
conditions for a person who submitted a complaint of discrimination based on
the criterion of sex to the competent body;
h) requesting, without basis,
information concerning civil status of candidates.
(2) Despite compliance with the
conditions, the refusal of employment, enhancement of professional skills, or
promotion of persons of a certain sex shall be deemed ungrounded if made under
the following pretexts:
a) requiring the submission of
additional documents not specified in the advertisement;
b) failing to comply with criteria
elaborated at the given moment;
c) existence of family obligations;
d) nonconformity with other
conditions that do not have anything in common with the professional skills
required for performing the solicited job, except for cases specified in
Article 5, paragraph 6, subparagraph c;
e) any other conditions with similar
consequences.
(3) The employer bears the
obligation to prove lack of intention of direct or indirect discrimination of a
person who considers himself/herself to have been discriminated against.
(4) A person who considers
himself/herself to have been discriminated against due to the fact that the
employer hired, promoted or granted another person privileges based on the
criterion of sex or committed other discriminatory actions, is entitled to
request the written submission of the reasons for the decision.
(5) The employer is required to
answer a person who considers himself/herself to have been discriminated
against within 30 days after submission of such request. Otherwise, the person
is entitled to initiate a lawsuit, in accordance with the legislation.
Article 12. Equal access to entrepreneurial
activity
The state shall ensure equal
opportunities to women and men to perform entrepreneurial activity.
Chapter
IV
Ensuring
equal opportunities between women and men
in
education and healthcare
Article 13. Equal access to
education
(1) Educational and training
institutions shall ensure equality between women and men:
a) by means of access to education
and/or training;
b) in the educational and/or
training process, also through evaluation of accumulated knowledge;
c) in didactic and scientific-didactic
activity;
d) through developing didactic
materials and curricula, in conformity with the principle of equality between
women and men;
e) by including gender education as
a component part of the educational system;
f) by educating girls and boys in
the spirit of partnership and mutual respect.
(2) Educational and training
institutions may not establish admission principles based upon direct or
indirect restrictions based on the criterion of sex, except for cases provided
for in this Law.
(3) In derogation to paragraph 2
above, the state, through educational and training institutions, shall
undertake affirmative actions to promote balanced participation of women and
men in exercising specific professions, where over-representation of persons of
a certain sex has been ascertained.
(4) This article shall apply as well
to the educational and training institutions of force bodies [Translation
Note: i.e., institutions of defence, law enforcement, military,
security, intelligence].
Article 14. Equal access to
healthcare
Any form of discrimination based on
the criterion of sex is prohibited as regards access of women and men to all
levels of medical assistance and all programs for prevention of diseases and
promotion of health.
Chapter
V
Institutional
framework for ensuring equal opportunities
between
women and men
Article 15. Authorities vested with
duties in the field of ensuring equality between women and men
The following shall be vested with
duties in the sphere of equality between women and men:
a) Parliament;
b) Government;
c) Governmental Committee for
equality between women and men;
d) Ministry of Health and Social
Protection (specialized body);
e) ministries and other central
administrative authorities (gender units);
f) local public administration
authorities (gender units).
Article 16. Competence of Parliament
The Parliament shall be competent
to:
a) adopt a legislative framework
that ensures equality between women and men in all spheres;
b) monitor the implementation of the
principle of equality between women and men in all directions and at all levels
of state policy;
c) examine reports of the Government
and ombudsmen as regards the situation in the field, in accordance with the
legislation.
Article 17. Competence of Government
In order to take a complex approach
to equality between women and men, the Government shall:
a) ensure integration of the
principle of equality between women and men into policies, strategies,
programs, normative acts, and financial investments;
b) approve national plans and
programs regarding equality between women and men and monitor their
implementation;
c) submit periodically to the
Parliament reports on the situation and activity in the field, in accordance
with the legislation.
Article 18. Governmental Committee
for equality between women and men
The Governmental Committee for
equality between women and men is a consultative body, created by the
Government, which operates based upon regulations approved by the latter, with
the following duties:
a) promoting equality between women
and men, with a complex approach;
b) coordinating the activity of
central and local public administration authorities as regards issues of
equality between women and men;
c) developing cooperation between
state structures and civil society on issues of equality between women and men.
Article 19. Competence of central
specialized public authorities
(1) The Ministry of Health and
Social Protection is the central public authority vested with the duty to
develop and promote policies in the field of equality between women and men.
(2) Within the Ministry of Health
and Social Protection, duties specified in paragraph 1 shall be assigned to a
specialized body, with the following functions:
a) development and coordination of
draft normative acts based on the principle of equality between women and men,
proposition of amendments to normative acts in order to bring them into
conformity with this Law;
b) coordination and monitoring of
the implementation of international instruments at the national level;
c) submission of proposals to
integrate the principle of equality between women and men into strategies,
programs, and financial investments, as well as reports in the field;
d) elaboration and coordination of
program implementation, organization of media campaigns, and research and other
actions as regards equality between women and men;
e) coordination of activity of
gender units;
f) collaboration with
non-governmental organizations, foundations, trade unions, employers’ unions,
and international bodies that contribute to the implementation of equality
between women and men;
g) performance of other duties in
the field, in accordance with the legislation.
(3) Gender units shall operate
within central public administration authorities.
(4) The gender unit shall:
a) monitor the observance of
legislation in the field of equality between women and men within central
public administration authorities;
b) submit proposals to integrate the
principle of equality between women and men into the policies and activity
plans of central public authorities;
c) examine petitions of legal
entities and natural persons as regards cases of discrimination based on the
criterion of sex;
d) submit periodically to
specialized bodies reports on activity on issues of equality between women and
men;
e) perform other duties in the
field, in accordance with the legislation.
Article 20. Competence of local
public administration authorities
(1) Local public administration
authorities shall be competent to:
a) ensure integration of the
principle of equality between women and men into policies, programs, normative
acts, and financial investments at the local level;
b) monitor the implementation of
programs, organize awareness campaigns, and perform research and other actions
concerning equality between women and men at the local level;
c) collaborate with nongovernmental
organizations, foundations, trade unions, employers’ unions, and international
organisms that contribute to the implementation of equality between women and
men;
d) other duties in the field, in
accordance with the legislation.
(2) Gender units shall operate
within the framework of local public administration authorities (bodies of
social assistance).
(3) The gender unit shall:
a) submit proposals to integrate the
principle of equality between women and men into policies, programs, and
normative acts of local public administration, as well as into the budgets of
territorial-administrative units;
b) collaborate with nongovernmental
organizations and other organizations as regards the problem of equality
between women and men;
c) examine petitions of legal
entities and natural persons as regards cases of discrimination based on the
criterion of sex;
d) monitor the activity of local
public administration authorities in the field;
e) submit periodically reports on
work performed to local public administration authorities;
f) perform other duties in the
field, in accordance with the legislation.
Article 21. Ombudsmen
The Ombudsmen shall ensure the
guaranty and observance of equality between women and men as an integral part
of constitutional human rights and liberties, in accordance with the
legislation.
Article 22. Gender statistics
(1) The National Bureau of
Statistics shall collect, process, and summarize statistical data separately by
sexes.
(2) Central and local public
administration authorities, parties, other socio-political organizations, and
legal and natural persons that carry out entrepreneurial activity shall submit
to the National Bureau of Statistics necessary information separately by sexes.
Article 23. Financing
(1) Public authorities vested with
implementation of this Law shall be funded from the state budget and from the
budgets of territorial-administrative units within the limits of financial
means established on a yearly basis.
(2) Activities in the field may be
also funded from other sources that are not legally prohibited.
Chapter
VI
Liability
Article 24. Liability for discrimination
based on the criterion of sex
(1) Persons subject to forms of
discrimination based on the criterion of sex, as set out in this Law, are
entitled to reparation of damage according to the conditions established by
legislation.
(2) The subjects of legal relations
who commit actions of discrimination based on the criterion of sex shall bear
liability established by law for the breach of legislation in the field of
equality between women and men.
Chapter
VII
Final
provisions
Article 25
Within 6 months, the Government:
a) shall submit to the Parliament
proposals for bringing effective legislation into conformity with this Law;
b) shall draw up and approve all
normative acts necessary to implement this Law.
SPEAKER
OF THE PARLIAMENT Marian LUPU
Chisinau, 9 February 2006. No. 5-XVI
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