LGBT rights in Moldova

Moldova, under the strongly anti-gay Soviet Union, formed strong opinions against homosexuality. Because of that, the country is considered to be quite conservative; also, the country has been marred by many human rights violations including those of homosexuals. [http://www.ilga-europe.org/europe/guide/country_by_country/moldova/intergroup_reminds_moldova_that_right_to_freedom_of_assembly_is_a_prerequisite_to_eu_accession "Intergroup reminds Moldova that Right to Freedom of Assembly is a prerequisite to EU accession"] , "ILGA Europe"] [http://www.state.gov/g/drl/rls/hrrpt/2006/78828.htm "Moldova: Country Reports on Human Rights Practices - 2006"] , "U.S. Department of State"]

Protection based on sexual orientation in law

Since 1995, homosexuality between consenting adults in private has been legal in Moldova. The age of consent in Moldova is the same regardless of whether the sex act is between persons of opposite sexes or of the same sex. Prior to the repeal of Article 106 of the Penal Code, an old Soviet law did applied, under which anal intercourse between men was illegal.

As of February 2008, a large coalition of human rights organisations, including [http://www.gay.md Information Centre GenderDoc-M] , are lobbying the government for implementation of anti-discrimination legislation in line with European standards, which would include sexual orientation as one of protected grounds.

On 11th May 2008 the police and authorities stood by as the Moldova Pride Parade was prevented by homophobic 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 of Justice in Strasbourg ruled that by banning the Pride 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 & Gay people were not were also in breach of article 14, which outlaws discrimination. Moldova has been a member of the Council of Europe since 13 July 1995, and so there can be no question that this ruling is legally binding in Moldova.

A [http://www.carolinelucasmep.org.uk/wp-content/uploads/file/EU%20Parl%20Q_%20Moldova%20Pride.pdf] question has been lodged in the European Parliament and a letter [http://www.carolinelucasmep.org.uk/wp-content/uploads/file/FCOMoldovanPride2008.pdf] expressing grave concern has been sent to the British Foreign Secretary, David Miliband.

Recognition of same sex couples

No recognition with respect to gay marriage or civil unions is currently legal.

Gay life in the country

Moldova has very recently started to develop a small gay scene with the opening of 5 clubs and a gay restaurant. Moldova’s first Gay Pride was held in April 2002, [http://www.gaytimes.co.uk/gt/listings.asp?action=ShowCountry&CID=656 Lesbian and Gay Moldova] , "Gay Times"] but it was banned in 2007, because homosexuality is said to be undermining the Christian values of the country. [ [http://www.pinknews.co.uk/news/articles/2005-4160.html Gay Pride banned despite court ruling] , "Pink News", 18 April 2007]

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

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