LGBT rights in Moldova

Lesbian, gay, bisexual, and transgender (LGBT) persons in Moldova may face legal challenges not experienced by non-LGBT residents. Since the fall of the Soviet Union, Moldova has come increasingly under the influence of the Orthodox Christian church. It has also been marred by human rights violations against the freedom of association for LGBT to have Gay Pride demonstrations.^[1][2]

Issues

Legality of homosexuality

Since 1995, homosexuality between consenting adults in private has been legal in Moldova. In September 2002 new laws were introduced equalising the age of consent.

Recognition of same-sex relationships

Laws regarding same-sex partnerships in Europe

  Marriage

  Foreign marriages recognized

  Other type of partnership

  Unregistered cohabitation

  Unrecognized

  Constitution limits marriage to opposite-sex couples

---- Includes laws that have not yet gone into effect.

No recognition with respect to same-sex marriage or civil unions is currently legal. Constitution bans same-sex marriage.^[3]

Legal protections

For a long time, a large coalition of human rights organisations, including Information Centre GenderDoc-M, was lobbying the government for implementation of anti-discrimination legislation in line with European standards, which would include sexual orientation as one of protected grounds.

A bill, which bans discrimination on the basis of sexual orientation in employment, was adopted by the Moldavian Parliament on 25 May 2012^[4] and signed into law by the country's president Nicolae Timofti on May 28, 2012.^[5] The law took effect on January 1, 2013.^[6]

LGBT rights movement in Moldova

The main gay and lesbian campaigning group is called GenderDoc-M, which seeks to support gays and lesbians within Moldova.^[7]

Social conditions

Gay culture

Moldova has a rather small but lively and open-minded gay scene. Chisinau's first gay club – Jaguar Dance and Music Club—opened in 2009. Moldova’s first Gay Pride was held in April 2002,^[7] but it was banned in 2007, because homosexuality is said to be undermining the Christian values of the country.^[8]

Anti-LGBT sentiment

Moldovan society still remains very homophobic. For example, virulent homophobic statements are casually made by politicians and lesbians and gays are routinely discriminated against. Violence towards the lesbian and gay community is not unknown.^[7]

Scott Lively, a vociferous opponent of gay rights who has linked homosexuality to having played a part in the spawning of the Rwandan Genocide and the Holocaust, visited Moldova in 2010 to oppose an anti-discrimination measure. The bill had passed through committee twice before stalling subsequent to opposition from the Communist Party of Moldova, which cited Lively's visit as a reason for its opposition.^[9]

2008 Moldova Pride controversy

On 11 May 2008, the police and authorities stood by as the Moldova Pride Parade was prevented by crowds who surrounded and intimidated parade participants by surrounding the Pride bus. The Mayor of Chisinau, Dorin Chirtoaca, whose campaign slogan was "a young mayor, a liberal team, a European capital", had banned the parade the evening before.

Bączkowski and Others v. Poland (3 May 2007) was the case in which the European Court for Human Rights in Strasbourg ruled that by banning the parade the then Mayor of Warsaw, Lech Kaczyński, had broken three articles of the European Convention of Human Rights: article 11: the freedom of assembly, article 13 the right to appeal and, by allowing others to assemble when Lesbian and gay people were not, were also in breach of article 14, which outlaws discrimination.

A question has been lodged in the European Parliament and a letter expressing grave concern has been sent to then British Foreign Secretary, David Miliband.^[10][11]

Bans on propaganda of homosexuality

Since 2012, several cities have enacted bans on "propaganda" of homosexuality (which do not include any kind of administrative sanctions or fines). These cities are:

• Bălți, enacted on 23 February 2012,^[12][13] struck down on 28 February 2013^[13][14]
• Drochia,^[13] enacted 27 March 2012
• Cahul,^[13] enacted 29 March 2012
• Ceadîr-Lunga,^[13] enacted 10 April 2012
• Glodeni, later repealed^[13]
• Rîşcani, later repealed^[13]
• Soroca^[13]

Similar bans were also enacted in the following districts:

• Anenii Noi,^[13] enacted 1 March 2012
• Basarabeasca^[13]
• Fălești^[13]

Similar provisions were enacted by following villages:

• Bocani, later repealed^[13]
• Chetriş,^[13] repealed on 22 February 2012
• Hiliuți^[13]
• Pîrliţa, later repealed^[13]

On 30 April 2013, the parliament of Gagauzia approved a bill to forbid the "propaganda" of homosexuality, bisexuality and transsexualism such as same-sex marriage and adoption by same-sex couples. The bill does not include any kind of administrative sanctions or fines. As of July 2013 it is unclear if the bill was signed into law.

On 23 May 2013, despite the anti-discrimination law which prevents discrimination based on sexual orientation in employment, the parliament of Moldova passed a bill which bans the propaganda of prostitution, pedophilia and "any other relations than those related to marriage and family in accordance with the Constitution and the Family Code". The bill also included fines. The bill was signed into law on 5 July 2013 and came into effect on 12 July 2013. The law does not explicitly prohibit the "propaganda" of homosexuality, but it could be interpreted as such by the judges.^[15][16]

On 11 October 2013, the Parliament passed a bill which removes the content which could be interpreted as "homosexual propaganda" from the Code of Administrative Offences.^[17][18]

UN Human Rights Council resolution

In June 2011, Moldova used its seat on the United Nations Human Rights Council to vote against the first successful UN resolution condemning discrimination and violence against individuals based on their sexual orientation and gender identity.^[19]

Summary table

Same-sex sexual activity made legal	Since 1995
Equal age of consent	Since 2002
Anti-discrimination laws in employment	Since 2013
Anti-discrimination laws in all areas, (including hate speech)
Anti-discrimination laws on transgender identity or expression
Recognition of same-sex unions
Same-sex marriage	(Constitutional ban since 1994)
Both joint and step-child adoption by same-sex couples
Right to change legal gender
Gays allowed to serve in the military
Commercial surrogacy for gay male couples
Access to IVF for lesbians
MSMs allowed to donate blood

See also

• LGBT rights in Europe

Notes