The legal aspects of combating discrimination, including women discrimination, have been given considerable attention in Europe in recent years. As a result, legal protection against discrimination has been enhanced in Moldova and is going in many respects beyond the requirements to UE legislation.
Domestic law condemns discrimination against women in all its forms, whether it occurs in the country side, home, schools, the workplace, or in health care facilities.
National mechanism of prevention and elimination of all forms of discrimination against women is based on National Human Rights Action Plan and have a key role to play in protecting and insurance of the social-economic rights of women through establishment of a joint policy and strategy of the state bodies and non-government organizations, aimed at improving the human rights status by identifying and defining priority tasks, consolidating coordination, setting specific timelines, and identifying bodies and organizations in charge of implementing each activity listed in the Plan.
National legislation guarantees the observance of fundamental human rights and freedoms of the people of Moldova. However, the declaration on the compliance with human rights principles, on observing human rights standards, as well as their incorporation in national legislation cannot ensure the effective observance and protection of human rights.
Women’s equal rights to access, own and control land, adequate housing and property are firmly recognized under international law. However, at country level, the persistence of discriminatory laws, policies, patriarchal customs, traditions and attitudes in various countries are still blocking women from enjoying their rights and in case of the Moldova this is not an exception.
The country’s national machinery includes and the governmental Committee for Women’s Issues, gender focal points within all ministries and local women’s committees. Such projects as “Gender in Development” and “Leadership Program”, aim to promote the advancement of women. Another structure created in the country is the Department for Equal Opportunities and Family Policy Division.
The creation of the parliamentary advocate institute and the establishing of an independent human rights institution – the Center for Human Rights of Moldova – became a key non-judiciary women rights protection mechanism.
Access to land, whether privately or communally owned, is not always a matter of legal rights.
Laws and policies, even if recognizing women’s equal rights to land and property, are still very difficult to implement.
Even today, laws and policies related to land and housing that explicitly discriminate against women are gender neutral, but do not address existing discrimination. For example, many land laws allow for co-ownership of land, but spouses have to mutually agree on this and take active steps to register as co-owners. In practice, it is only a small proportion of, usually well educated, urban-based and relatively wealthy people who do so. And even among this group, many women face cultural attitudes that favor registration of land and housing in the name of men.
Under the current conditions there is a need to join the efforts of the State, the civil society, NGOs, foundations and programs, and of each and every citizen in order to overcome the crisis related to ensuring women rights and to significantly improve the human rights situation, to developing a legal culture and a human rights culture.
Therefore are many non-government and civil society organizations that actively work in area of women rights. Many of them carry out ongoing monitoring of the women rights status in Moldova and run various programs aimed at human rights education and promotion. Annually the Center for Human Rights submits to the Parliament a Report on the Human Rights Situation in the country.
Parallel and complementary to NGO’s activities, individuals and social groups have the freedom to initiate personal and social change. In other words, it citizens play an active and transformative role in their relationship with the system’s decision-making mechanisms (i.e., the state) and not a subservient and passive one, the prevalent climate being one of respect for rights. Individuals need to internalize and develop a critical understanding of their rights before they can embrace and exercise them.
Republic of Moldova is still in the process of establishing a system where individuals can thus benefit from the rule of law and contribute towards a democracy. Gender discrimination and the patriarchal nature of our society render this situation even more crucial for women. There are very few social services and programs that enable women to translate the legal rights they have gained since the founding of the Republic from the written page into everyday life.
The lives of many women today are still shaped by social and religious customs instead of constitutional, political, and civil rights. However, the demand and resolve to change this reality now makes its presence strongly felt. NGOs for Protection of Women's Human Rights works both to target lawmakers and decision-making processes and to help women gain an awareness of their rights and to put these rights into practice.
