A person can be discriminated against not only by direct action, but also when his or her requirements or needs are ignored. And indirect discrimination is just as reprehensible. “By indirect discrimination we mean the application of certain rules or practices to all without distinction, but when they are implemented, it disadvantages certain people or groups,” says Ludmila Balan, an expert with the social project “Diversity and Equal Opportunities”, implemented by NGO “Ab initio - for a prosperous society”.
Indirect discrimination is often confirmed by statistics that show a disproportionate effect. A dress code in a company can exclude a person or group of people who, for example, being of a certain religion, will not be able to comply, exemplified Ludmila Balan during a press conference.
In determining discriminatory treatment, four basic conditions are considered - distinction, restriction, limitation and exclusion applied to a person or group of persons compared to other persons or groups of persons. “Today we have the necessary mechanisms to protect the rights and interests of people who are discriminated against. Provisions, regulations are also inserted in the Labor Code, in the Electoral Code, in the Criminal Code, in the Contravention Code and in the Education Code. But essential is Law no. 121 (Law on Ensuring Equality, adopted in 2012 o IPN), which explicitly provides which criteria are protected and which are the steps that the petitioner can take, both judicial and extrajudicial”, said Ludmila Balan.
One aspect of human rights protection also aims to ensure equal opportunities and equal treatment for all. “The Moldovan Constitution itself in Article 1 stipulates that the Republic of Moldova is a democratic state based on the rule of law, where human dignity, rights, freedoms, free development of human personality, justice and political pluralism represent supreme values and are guaranteed”, said Ludmila Balan. Article 16 of the Constitution guarantees the right to equality. It states that all citizens of the Republic of Moldova are equal before the law and public authorities, regardless of race, nationality, ethnic origin, language, religion, sex, political affiliation, wealth or social origin. The purpose of the 2012 Law on Ensuring Equality is to combat discrimination, to ensure the equality of all persons on the territory of the Republic of Moldova.
The social project “Diversity and Equal Opportunities” aims to strengthen anti-discrimination mechanisms in Moldova through the involvement of civil society. It is planned for a period of one year, starting with May 2021. “The goal and objectives of the project are to facilitate the access of victims of discrimination to legal aid and raise awareness of civil society about the phenomenon of discrimination”, said Simion Polisciuc , project manager. The target group of the project are people discriminated against on grounds of illness (HIV/AIDS), ethnicity, gender, religion, disability, sexual orientation or age.
