Fundația pentru Drepturi Egale cere amendarea Constituției Republicii Moldova

In afara de principii, in folosul cui actioneaza aceasta Fundatie? Ghici ciuperca ce-i ?? Eu ma gândesc prin analogie istorica la Congresul de la Berlin. Daca nu e cu suparare. Dan Culcer

Fundația pentru Drepturi Egale cere amendarea Constituției Republicii Moldova, de Fundația pentru Drepturi Egale
(Material a apărut și în revista on line ACUM, propus pentru publicare la data de: 28-01-2010 de Petru CLEJ)
On 27 January 2010, The Equal Rights Trust submitted an expert opinion to Mihai Ghimpu, Acting President of the Republic of Moldova and Chairperson of the Moldovan Commission on Constitutional Reform, arguing that Article 16 (Equality of Rights) of the Constitution of the Republic of Moldova (the Constitution) falls short of international human rights standards. In its letter, ERT also made recommendations for amendments which would better reflect the Republic of Moldova’s commitment to human rights.

The Commission for Constitutional Reform was established by a Presidential decree on 1 December 2009, with the task of considering the need for constitutional reform, submitting proposals to Parliament for any necessary reform and elaborating amendments to the Constitution. On 11 January 2010 the Commission was instructed to undertake analysis of the content of the Constitution, adopted on 29 July 1994, in the light of international and comparative constitutional frameworks, with the aim of identifying gaps in the current constitutional system.

The ERT expert opinion argues that Article 16 of the current Constitution contravenes international law by limiting the application of the right to equality before the law to “citizens of the Republic of Moldova”, thereby excluding non-citizens. It further argues that the list of grounds on which discrimination is prohibited under Article 16(2) is too narrow to be consistent with Moldova’s international obligations. In the expert opinion, ERT calls on the Acting President Mihai Ghimpu, as Chairperson of the Commission, to address these concerns and to propose amendments which would ensure that the right to equality enshrined in Moldova’s Constitution complies with international law.

Speaking about the ERT expert opinion, ERT Executive Director Dimitrina Petrova said:

“The Commission for Constitutional Reform has a unique opportunity to improve the protection from discrimination and inequality experienced by many in the Republic of Moldova.

“As it stands, Article 16 of the 1994 Constitution is problematic. Its limited scope excludes non-citizens and provides a limited list of prohibited grounds of discrimination, meaning the Constitution is in breach of Moldova’s international obligations. The Commission must take this opportunity to iron out these inconsistencies and entrench a strong constitutional guarantee of the right to equality for everyone, consistent with international human rights law.”

To read ERT’s expert opinion, click here http://www.equalrightstrust.org/ertdocumentbank/ERT%20Expert%20Opinion%20to%20Moldova%20on%20Article%2016%20English.pdf

The Equal Rights Trust - One Lyric Square, 5th Floor, London. W6 0NB. UK Tel: +44 (0)20 3178 4113 Fax: (0)20 3178 5537 Email: info@equalrightstrust.org

The Equal Rights Trust is a company limited by guarantee incorporated in England. Company number 5559173.

It is also a registered charity, number 1113288



ERT Projects

Legal Standards on Equality and Non-Discrimination

This open-ended core project is central to ERT’s mission. It has two objectives. First, it aims at systematising, modernising and publicising in appropriate formats legal standards related to the protection against discrimination and the promotion of equality. Second, it aims at the adoption, by states, non-states actors and international organisations, of better legislation and policies related to equality, as well as strengthening their implementation.

This project’s main strategies are (i) advocacy: making expert recommendations to authorities and other key stakeholders to adopt and/or improve equality legislation and equality policies; (ii) capacity building: increasing the capacity of key stakeholders to develop their equality agenda and participate proactively in the strengthening of the equality regime in their country; (iii) research: documentation on equality rights issues and legal analysis related to equality rights.

In the framework of this core project, ERT has elaborated through inclusive consultations and publicised a short document reflecting a moral and professional consensus among human rights and equality experts from around the world, entitled Declaration of Principles on Equality. It serves as a basis for evaluating existing legal and policy provisions and developing better national standards of equality law and policy.

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Law Enforcement Discrimination and Deaths in Custody

This two-year project, launched in December 2007, has three main objectives. Firstly, to systematise the existing pool of knowledge on the relationship between deaths in custody and discriminatory policy or conduct by law enforcement bodies. The second objective of the project is to further enhance the global understanding of the nexus between deaths in custody and discrimination. The final objective lies in developing and promoting new advocacy tools that will complement existing prevention and investigatory standards into custodial deaths by adding a distinct, anti-discrimination component. In that regard, the project will help law enforcement and investigatory authorities to fulfil their duty to take all possible steps to prevent discrimination and investigate whether or not discrimination may have played a role in the events leading to the deaths.

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Detention of Stateless Persons

The goal of this two year project which started in May 2008 is to strengthen the protection of stateless persons who are in any kind of detention or imprisonment due at least in part to their being stateless, and to ensure they can exercise their right to be free from arbitrary detention without discrimination. The focus of the sought improvement in protection is on the limits, length and conditions of detention. UNHCR and others have expressed the view that stateless persons should not be detained only because they are stateless. If detention has no alternative, its maximum length should be specified, based on strict and narrowly defined criteria. However, this principle has not been translated into international or national legal standards and into practice. Progress is hampered by the paucity of information on cases of detention, including prolonged and indefinite detention, of stateless persons. The ERT project has two interrelated objectives. The first objective is to fill the documentation gap that exists regarding the detention of stateless persons around the world. The second objective is to draw upon relevant factual information and develop detailed legal analysis to advocate for improved international and national protection standards against arbitrary detention of stateless people. ERT will develop a set of guidelines in this regard and will publish a comprehensive report. Following its publication, ERT will engage in advocacy to contribute to change.

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The State, Religious Diversity and Healthcare in Europe

The purpose of this project which started in June 2008 is to draft a thematic dossier mapping out the problem field on “The State, Religious Diversity and Healthcare in Europe”. The project aims to identify problems, indicate possible solutions and give access to a range of strategies in relation to religious diversity and healthcare in Europe to facilitate and benefit practitioners, policy makers and civil society actors. In respect of religious discrimination in healthcare provision, the project will scan and formulate the state of the play in respect to general healthcare (dietary requirements, clothing, burial ritual, male circumcision, equitable public facilities, organ/tissue donation, blood transfusion, smoking, etc.), sexual and reproductive health (contraception, abortion, infertility treatment, access to information, female genital mutilation, HIV/AIDS, STDs), and mental health. The project will also examine the thematic field from the angle of the healthcare implications of religious observance. The project will be presented in the format of a concept paper, structuring the problem field and briefly setting out the issues, the discourses and the state of existing research.

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Promoting better implementation of equality and non-discrimination law in India

The purpose of this two-year project which started in May 2009 is to develop the capacity of NGOs and lawyers in India to implement equality and non-discrimination law, making use of national and international equality standards and best practice, including the Declaration of Principles on Equality. ERT works with a local partner, the Human Rights Law Network, to develop resources and deliver training sessions for Indian lawyers, paralegals and human rights activists on equality and non-discrimination law, from an international and comparative perspective. This project draws upon diverse expertise to enable lawyers and other civil society actors to apply the most advanced principles of equality and non-discrimination law in their work, whether that be through litigation or advocacy.



Empowering disadvantaged groups in Kenya through combating discrimination and promoting equality

The purpose of this two-year project which started in July 2009 is to enable Kenyan civil society organisations to be key players in building a national anti-discrimination regime. Working with two local partners – The Federation of Women Lawyers (FIDA-Kenya) and Kenya Human Rights Commission (KHRC), the project draws upon international and Kenyan national expertise in equality and non-discrimination law to prepare a draft comprehensive anti-discrimination law and advocate for its adoption. The project also includes a series of legal and advocacy training workshops for Kenyan lawyers, paralegals and human rights activists to enable them to lobby for the adoption of progressive equality and non-discrimination legislation. The national and regional media are engaged through a series of roundtable discussions.
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