Legal developments strengthens the rights of LGBT people
Moldova’s Supreme Court of Justice has issued recommendations to local juridical instances that will improve the legal status of transgender people in Moldova. In another recent court ruling a Chisinau court stated that the right to private life was violated when a website published a “black list” of public figures promoting homosexuality.
On 2 November, Moldova’s Supreme Court of Justice issued recommendations to local juridical instances regarding homosexual and transgender people. The court stated; ”Homosexual and transgender people must be protected through the prism of Article 8 from the European Convention on Human Rights and Fundamental Freedoms, i.e. the right to respect for private and family life. The right to change one’s sex and name is a component of the right for private life”.
In the recommendation the court also refers to the practice of the European Court of Human Rights and mentions Recommendation CM/Rec(2010)5 of the Council of Europe’s Committee of Ministers to member states on measures to combat discrimination on grounds of sexual orientation or gender identity.
Civil Rights Defenders and its Moldovan partner, GENDERDOC-M Information Centre, welcome the court’s recommendation and hope this will have a positive impact on the overall situation of transgender people in Moldova and improve their legal status.
On 1 November, another case regarding the rights of LGBT people was decided on in a Chisinau court. The court stated that the owner of the website MDN.md violated the right to private life and incited to hate speech and discrimination by publishing a “black list” of public figures promoting homosexuality.
“This judgment is very important, especially due to the fact that the defendant has been found liable for incitement to discrimination on the ground of sexual orientation on the national level. We believe such judgments will be a good solution for prevention of discriminatory actions against LGBT people”, said Anastasia Danilova, Executive Director of GENDERDOC-M Information Centre.
The owner of the Website MDN.md, is obliged to delete the list from the website and abstain from re-publishing and compensate moral damages and court expenses to each of the plaintiffs.News.