Discrimination protections
For a long time, a large coalition of human rights organisations, including GenderDoc-M, lobbied the Moldovan Government for the implementation of anti-discrimination legislation in line with European standards, which would include sexual orientation as a protected ground.
A law banning discrimination on the basis of sexual orientation in employment was adopted by the Moldovan Parliament on 25 May 2012, [6] and signed into law by President Nicolae Timofti on 28 May 2012. [7] The law took effect on 1 January 2013. [8]
The so-called "media propaganda law", which entered into force on 1 January 2019, controversial for its ban on "Russian television programs on news, analysis, politics, and military issues", also contains a clause banning media broadcasters from discriminating on the basis of sexual orientation. Article 11 of the law, entitled the Codul serviciilor media audiovizuale al Republicii Moldova, states that "audiovisual programs are prohibited: ... from propagating incitement, promotion or justification of racial hatred, xenophobia, anti-Semitism or other forms of hatred founded on intolerance or discrimination based on sex, race, nationality, religion, disability or sexual orientation." [9] [10]
In 2023, The Parliament of Moldova passed Law No.2 (2023) which included sexual orientation and gender identity among grounds protected from "any kind of discrimination". [11]
Public opinion
Moldovan society remains very conservative; politicians often make derogatory remarks about the LGBT community, and discrimination against its members is commonplace.
A sociological survey by the Institute of Public Policies in 2014 showed negative public attitudes among Moldovans towards the LGBT community. Asked what they think about gays and lesbians, 7.9% responded to "mental illness", 6.3% "abnormal", 6.1% "sick", 5.5% "loose" , while 2.5% believe gays and lesbians should be killed. [12] 83% of Moldovans did not accept LGBT people, and 35.8% strongly supported the criminalization of homosexual relations by banning rights (61.2%), fining LGBT people (35.5%) or imprisonment (27.2%). [12] 88.8% of Moldovans would be bothered if a family member was LGBT, and 92% would not accept an LGBT educator/teacher in the class where their child is studying. [12]
According to the study "Church and State in the Republic of Moldova" presented by the Soros Foundation - Moldova in 2016, 84% of Moldovans would not accept homosexuals living in Moldova, 89% would not accept that they live in the same locality, 94% would not accept to have them as neighbors, 95% would not accept being friends and 97% would not want gay family members. [13] The same study revealed that only 5% of Moldovans agreed with same-sex marriages and 6% with civil partnerships. [13] These observations showed that Moldovan society is conservative, and with little willingness to accept minorities. [13]
In May 2017, a survey by the Pew Research Center in Eastern European countries showed that 92% of Moldovans believed that homosexuality should not be accepted by society. [14] Among young people between 18 and 34, the percentage fell to 88%. According to the same survey, 5% of Moldovans supported same-sex marriages. [14]
However, since the decriminalization of homosexuality in 1995, the attitude of various state institutions has become increasingly tolerant. For example, the Ministry of Health communicated in an official letter that homosexuality is not considered a disease, and medical services are accessible to all, regardless of the sexual orientation of the citizen. [15]
Social conditions
Gay culture
Moldova has a rather small but lively and open-minded gay scene. Chișinău's first gay club, Jaguar Dance and Music Club, opened in 2009. Moldova's first gay pride parade (named Moldova Pride) was held in April 2002, [5] but it was banned in 2007, because homosexuality was said to "undermine the Christian values of Moldova". [16]
LGBT rights movement
The main gay and lesbian campaigning group is called GenderDoc-M. The group seeks to support and protect gays and lesbians in Moldova, and raises awareness of the lives of LGBT people. [5]
Anti-LGBT sentiment
Moldovan society still remains very traditional. Virulent homophobic statements are casually made by politicians, and lesbians and gays are routinely discriminated against. Violence towards gay men is not uncommon. [5]
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 Party of Communists of the Republic of Moldova, which cited Lively's visit as a reason for its opposition. [17] The bill, however, was approved in 2012.
In May 2019, Doina Ioana Străisteanu, a human rights lawyer representing Moldova's only LGBT organization, GENDER-DOC, since 2010, was the victim of an arson attack. She found her car alight outside her office in central Chișinău by an unknown male assailant. She reported the attack to police who she said refused to investigate because it did not consider the damage "significant". [18] [19]
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, intimidated and even attacked parade participants. The Mayor of Chișinău, Dorin Chirtoacă, whose campaign slogan was "a young mayor, a liberal team, a European capital", had banned the parade the evening before. [3]
The banning of the pride parade and the crackdown of freedom of assembly drew criticism and concern internationally, including by the then British Foreign Secretary, David Miliband. [20] [21]
The May 2007 Bączkowski and Others v. Poland ruling was a landmark case, in which the European Court for Human Rights (ECHR) ruled that by banning peaceful pride parades the then Mayor of Warsaw, Lech Kaczyński, had violated three articles of the European Convention of Human Rights: article 11 concerning freedom of assembly, article 13 which deals with the right to appeal, and article 14 which outlaws discrimination.
In 2012, the ECHR ruled that Moldovan authorities had violated human rights by cancelling the 2008 event. [3]
2017 and 2018 events
In May 2017, LGBT activists organised a peaceful march to coincide with the International Day Against Homophobia, Transphobia and Biphobia. Police officials cancelled the event shortly after it started due to safety concerns because fundamentalist Orthodox groups began attacking pride participants. [22] President Igor Dodon supported the violent attacks, saying: "I have never promised to be the president of the gays, they should have elected their own president." He also personally met the radicals' group and congratulated them. Nevertheless, 450 people attended the march, which was the highest ever at the time. [4]
In May 2018, LGBT activists successfully organised the 17th edition of Moldova Pride. Police protected the participants from radicals, using tear gas to repel them. President Dodon again congratulated the radical groups. [23] The event drew support from numerous embassies (Argentina, Belgium, Canada, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Ireland, Italy, Latvia, Lithuania, the Netherlands, Norway, Portugal, Slovenia, Spain, Sweden, Switzerland, the United Kingdom and the United States). [24]
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:
Similar bans were also enacted in the following districts:
Similar provisions were enacted by the following villages of Făleşti District:
On 30 April 2013, the Parliament of Gagauzia approved a bill to forbid the "propaganda" of homosexuality, bisexuality and transgenderism such as same-sex marriage and adoption by same-sex couples. The bill didn't include any kind of administrative sanctions or fines but some of its provisions banned any LGBT-related organizations from being registered in the region. Another provision was intended to ban any LGBT-related clubs and entertainment establishments. On 20 June 2013, these provisions were invalidated by a court decision, which held that these laws violated freedom of speech and human rights.
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, paedophilia and "any other relations than those related to marriage and family in accordance with the Constitution and the Family Code". The bill also includes fines. The bill was signed into law on 5 July 2013 and came into effect on 12 July 2013. The law did not explicitly prohibit the "propaganda" of homosexuality, but it could have been interpreted as such by judges. [28] [29] On 11 October 2013, the Parliament passed a bill intended to remove the content which could have been interpreted as a ban on "homosexual propaganda". [30] [31]
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. [32]
Lesbian, gay, bisexual, and transgender (LGBT) people in Belarus face significant challenges not experienced by non-LGBT residents. Although same-sex sexual activity is legal in Belarus, gay and lesbian rights in the country are otherwise severely limited and homosexuality remains highly stigmatized in Belarusian society. Households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples. Belarus provides no anti-discrimination protections for LGBT people, nor does it prohibit hate crimes based on sexual orientation and gender identity. Many Belarusian people believe that homosexuality is a psychiatric illness, and many LGBT persons in Belarus tend to hide their sexual orientation in public. Those who are "out" face harassment, violence and physical abuse.
Lesbian, gay, bisexual, and transgender (LGBT) people in Hungary face legal and social challenges not experienced by non-LGBT residents. Homosexuality is legal in Hungary for both men and women. Discrimination on the basis of sexual orientation and sex is banned in the country. However, households headed by same-sex couples are not eligible for all of the same legal rights available to heterosexual married couples. Registered partnership for same-sex couples was legalised in 2009, but same-sex marriage remains banned. The Hungarian government has passed legislation that restricts the civil rights of LGBT Hungarians – such as ending legal recognition of transgender Hungarians and banning LGBT content and displays for minors. This trend continues under the Fidesz government of Viktor Orbán. In June 2021, Hungary passed an anti-LGBT law on banning "homosexual and transexual propaganda" effective since 1 July. The law has been condemned by seventeen member states of the European Union. In July 2020, the European Commission started legal action against Hungary and Poland for violations of fundamental rights of LGBTQI people, stating: "Europe will never allow parts of our society to be stigmatized."
Lesbian, gay, bisexual, and transgender (LGBT) people in Serbia face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in Serbia, and discrimination on the basis of sexual orientation is banned in areas such as employment, education, media, and the provision of goods and services, amongst others. Nevertheless, households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.
Lesbian, gay, bisexual, and transgender (LGBT) people in Ukraine face legal and social challenges not experienced by non-LGBT individuals; historically, the prevailing social and political attitudes have been intolerant of LGBT people, and strong evidence suggests this attitude remains in parts of the wider society. Since the fall of the Soviet Union and Ukraine's independence in 1991, the Ukrainian LGBT community has gradually become more visible and more organized politically, organizing several LGBT events in Kyiv, Odesa, Kharkiv, and Kryvyi Rih.
Lesbian, gay, bisexual, and transgender (LGBT) people in Bosnia and Herzegovina may face legal challenges not experienced by non-LGBT residents. Both male and female forms of same-sex sexual activity are legal in Bosnia and Herzegovina. However, households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Fiji have evolved rapidly over the years, however, LGBT people may still face legal challenges not experienced by non-LGBT residents. In 1997, Fiji became the second country in the world after South Africa to explicitly protect against discrimination based on sexual orientation in its Constitution. In 2009, the Constitution was abolished. The new Constitution, promulgated in September 2013, bans discrimination based on sexual orientation and gender identity or expression. However, same-sex marriage remains banned in Fiji and reports of societal discrimination and bullying are not uncommon.
The rights of lesbian, gay, bisexual, and transgender (LGBT) people in the United Kingdom of Great Britain and Northern Ireland have developed significantly over time. Today, lesbian, gay, and bisexual rights are considered to be advanced by international standards.
Lesbian, gay, bisexual, and transgender (LGBT) people in Romania may face legal challenges and discrimination not experienced by non-LGBT residents. Attitudes in Romania are generally conservative, with regard to the rights of gay, lesbian, bisexual, and transgender citizens. Nevertheless, the country has made significant changes in LGBT rights legislation since 2000. In the past two decades, it fully decriminalised homosexuality, introduced and enforced wide-ranging anti-discrimination laws, equalised the age of consent and introduced laws against homophobic hate crimes. Furthermore, LGBT communities have become more visible in recent years, as a result of events such as Bucharest's annual pride parade and Cluj-Napoca's Gay Film Nights festival.
Lesbian, gay, bisexual, and transgender (LGBT) people in the Russian Federation face significant challenges not experienced by non-LGBT residents. Although sexual activity between consenting adults of the same sex is legal, homosexuality is disapproved of by most of the population and pro-LGBT advocacy groups are deemed extremist and banned. It is illegal for individuals to "promote homosexuality" and same-sex couples and households headed by same-sex couples are ineligible for the legal protections available to opposite-sex couples. Russia provides no anti-discrimination protections for LGBT people and does not have a designation for hate crimes based on sexual orientation and gender identity. Transgender people are not allowed to change their legal gender and all gender-affirming care is banned. There are currently no laws prohibiting discrimination based on gender identity or expression, and recent laws could be used to discriminate against transgender residents.
Lesbian, gay, bisexual, and transgender (LGBT) people in Montenegro face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in Montenegro, but households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.
Lesbian, gay, bisexual, and transgender (LGBT) people in Armenia face legal and social challenges not experienced by non-LGBT residents, due in part to the lack of laws prohibiting discrimination on the grounds of sexual orientation and gender identity and in part to prevailing negative attitudes about LGBT persons throughout society.
Lesbian, gay, bisexual and transgender (LGBT) people in Georgia face significant challenges not experienced by non-LGBT residents. Georgia is one of only a few countries in the former Soviet space that directly prohibits discrimination against all LGBT people in legislation, labor-related or otherwise. Since 2012, Georgian law has considered crimes committed on the grounds of one's sexual orientation or gender identity an aggravating factor in prosecution. The legislative ban on discrimination has been enacted as a part of the Government efforts to bring the country closer to the European Union and make the country's human rights record in line with the demands of Georgia's European and Euro-Atlantic integration.
Lesbian, gay, bisexual, and transgender (LGBT) people in Lithuania face legal challenges not experienced by non-LGBT residents. Both male and female expressions of same-sex sexual activity are legal in Lithuania, but neither civil same-sex partnership nor same-sex marriages are available, meaning that there is no legal recognition of same-sex couples.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Slovenia have significantly evolved over time, and are considered among the most advanced of the former communist countries. Slovenia was the first post-communist country to have legalised same-sex marriage, and anti-discrimination laws regarding sexual orientation and gender identity have existed nationwide since 2016.
Lesbian, gay, bisexual, and transgender (LGBT) people in Kyrgyzstan face significant challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in Kyrgyzstan, but same-sex couples and households headed by same-sex couples are ineligible for the same legal protections available to opposite-sex married couples.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Pennsylvania enjoy most of the same rights as non-LGBT residents. Same-sex sexual activity is legal in Pennsylvania. Same-sex couples and families headed by same-sex couples are eligible for all of the protections available to opposite-sex married couples. Pennsylvania was the final Mid-Atlantic state without same-sex marriage, indeed lacking any form of same-sex recognition law until its statutory ban was overturned on May 20, 2014.
Lesbian, gay, bisexual, and transgender (LGBT) people in North Macedonia face discrimination and some legal and social challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity have been legal in North Macedonia since 1996, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.
This article gives a broad overview of lesbian, gay, bisexual and transgender (LGBT) history in Canada. LGBT activity was considered a crime from the colonial period in Canada until 1969, when Bill C-150 was passed into law. However, there is still discrimination despite anti-discrimination law. For a more detailed listing of individual incidents in Canadian LGBT history, see also Timeline of LGBT history in Canada.
The right to sexuality incorporates the right to express one's sexuality and to be free from discrimination on the grounds of sexual orientation. Specifically, it relates to the human rights of people of diverse sexual orientations, including lesbian, gay, bisexual and transgender (LGBT) people, and the protection of those rights, although it is equally applicable to heterosexuality. The right to sexuality and freedom from discrimination on the grounds of sexual orientation is based on the universality of human rights and the inalienable nature of rights belonging to every person by virtue of being human.
Censorship of LGBT issues is practised by some countries around the world. They may take a variety of forms, including anti-LGBT curriculum laws in some states of the United States, the Russian gay propaganda law, and the Hungarian anti-LGBT law, and laws in Muslim-majority states such as Afghanistan, Saudi Arabia, Pakistan, and Malaysia prohibiting advocacy that offends Islamic morality.
