Moldova LGBT Laws

Age of Consent Legislation/Cases/References
1. National

In 2008, the criminal code provided –

Article 174, Sexual intercourse with a person under the age of sixteen (16) years

(1) Sexual intercourse other than rape as well as any other acts of vaginal or anal penetration committed with a person certainly known to be under the age of 16 shall be punished by imprisonment for up to 5 years.

(2) The person who committed the act set forth in par. (1) shall not be subject to criminal liability if he/she is similar to the victim in terms of age and physical and mental development. [R1.2].

On 11 March 2012, lawmakers were reported to have voted to punish sexual assault against children under the age of 15 with compulsory “chemical castration.” In addition, the law makes the treatment – which involves the injection of drugs that reduce testosterone levels and, hence, sexual desire – permissible on a case-by-case basis in cases of rape [R1.1].

R1.2 LegislationOnline: Criminal Code of the Republic of Moldova (English version) 14 APR 09
R1.1 Radio Free Europe: Moldova Adopts ‘Chemical Castration’ To Stem Tide Of Pedophilia, Sex Tourism 11 MAR 12
Censorship, Free Speech, Right of Assembly Legislation/Cases/References
1. National

On 11 October 2013, lawmakers voted to abandon divisive plans to ban the promotion of “relationships than those linked to marriage and the family”, as it tries to secure entry into the European Union [R1.2].

On 23 May 2013, the Parliament of Moldova introduced a new article (Law Nr. 117 amending Article 901) “Public activities with negative impact on minors” in the Code of Administrative Offences, signed into law by the President on 5 July and in force on 12 July 2013, that bans ‘dissemination of information/or carrying out acts aimed at spreading prostitution, paedophilia, pornography or some other relations than those related to marriage and family, in accordance with the Constitution and the Family Code’ [R1.1].

2. Cities & Towns

On 23 February 2012, the Balti City Council announced it had voted 23–12 in favor of the law to prohibit ‘aggressive propaganda of non-traditional sexual orientations’, effectively banning public discussion of LGBT issues [R2.2].

Balti is reported to be one of at least three Moldovan municipalities to pass such laws [R2.1].

See: 2. Courts & Tribunals below.

3. Courts & Tribunals

On 28 February 2013, the Balti Court of Appeals struck down a local ban on what authorities had referred to as “homosexual propaganda” ruling that the ban was unconstitutional and violated human rights [R3.3].

On 12 June 2012, European Court of Human Rights in Genderdoc-M v. Republic of Moldova ruled Moldova in violation of the Convention for the Protection of Human Rights and Fundamental Freedoms for banning gay campaigners from holding a peaceful protest outside the country’s parliament, awarding damages and costs [C3.2], [R3.1].

R1.2 France24: Moldova cancels ‘gay propaganda’ ban, eyeing EU entry 11 OCT 13
R1.1 ILGA-Europe: Moldova must strike down law banning ‘homosexual propaganda’ 17 JUL 13
R2.2 GayStarNews: Moldova city bans ‘gay propaganda’ 24 FEB 12
R2.1 Radio Free Europe: Battle Over Moldovan Antidiscrimination Bill Reaches Fevered Pitch 08 APR 12
R3.3 PinkNews: Second largest city overturns local ban on ‘gay propaganda’ 01 MAR 13
C3.2 ECtHR: Genderdoc-M v. Republic of Moldova No. 9106/06)
R3.1 GayStarNews: Moldova’s ban on gay protest violated human rights, court rules 12 JUN 12
Discrimination Legislation/Cases/References
1. National

On 27 December 2012, a Bill to protect minorities including the LGBT community, from discrimination in the workplace sets fines of up to 9,000 Moldovan lei (£464, $750) and for discrimination leading to death or suicide, a prison sentence of up to six years may be imposed (it being unclear if this applies to sexual minorities). The bill has yet to pass the third and final reading and be signed into law [R1.6].

On 10 September 2012, an Amensty International report called for urgent changes to laws to combat high levels of anti-gay persecution and discrimination against HIV positive people [D1.5], [R1.4].

On 25 May 2012, Moldova adopted a new equality law but “sexual orientation” is not explicitly mentioned in the list of grounds of discrimination covered by the law, apart from in relation to discrimination in the workplace – although it might fall under the wording of ‘any other similar grounds’ [R1.3]. The law is due to come into force 01 January 2013 [R1.4].

On 06 Oc tober 2011, Dirk Schuebel, head of the EU delegation to Moldova, was reported to have urged Moldova to pass an antidiscrimination bill that would protect homosexuals and other minorities if it wants progress on talks for visa-free travel to the EU. The government withdrew the antidiscrimination bill from parliament earlier in the year [R1.2].

In February 2011, a draft antidiscrimination law was submitted to the parliament. The bill would, if passed, outlaw discrimination against anyone on the basis of religion, nationality, ethnic origin, language, religion, color, sex, age, disability, sexual orientation, political opinion, or social status. It was proposed as part of Moldova’s effort to gain an association agreement with the European Union [R1.1].

R1.6 RiaNovosti: Moldova Protects Gays with Fines 27 DEC 12
D1.5 Amnesty International Report: Towards Equality: Discrimination in Moldova PDF 338.00kb, 04 SEP 12
R1.4 GayStarNews: Report calls for ‘urgent change’ to end gay hate in Moldova 10 SEP 12
R1.3 GayStarNews: Gays still second class in new Moldova equality law 25 MAY 12
R1.2 Radio Free Europe: EU Tells Moldova To Pass Bill Protecting Gays, Other Minorities 06 OCT 11
R1.1 Radio Free Europe: Gay Rights At Center Stage In Battle Over Moldova Antidiscrimination Bill 14 MAR 11
HIV / Aids Legislation/Cases/References
1. National

In September 2008, Modova was one of several countries reportedly restricting short-term travel for individuals living with HIV [R1.1].

R1.1 Immigration Equality: “Congress to Bush: Repeal HIV Travel Ban” 22 SEP 08
Homosexuality, Sodomy Legislation/Cases/References
See also: [AGE OF CONSENT]
1. National

On 15 June 1995, male homosexuality was made lawful, Penal Code Article 106 having been abolished by the parliament [R1.1].

R1.1 ILGA Euroletter 34: “Moldova has legalized homosexuality” JUL 95