LGBT rights in Moldova

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".^[10]

Anti-LGBT sentiment

Moldovan society still remains very homophobic. 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.^[11] The bill, however, was approved in 2012.

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 British Foreign Secretary.^[12][13]

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.^[14] 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.^[15] 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).^[16]

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:

• Bălți, enacted on 23 February 2012,^[17][18] and struck down on 28 February 2013^[18][19]
• Drochia,^[18] enacted on 27 March 2012
• Cahul,^[18] enacted on 29 March 2012
• Ceadîr-Lunga,^[18] enacted on 10 April 2012
• Glodeni, later repealed^[18]
• Rîşcani, later repealed^[18]
• Soroca^[18]

Similar bans were also enacted in the following districts:

• Anenii Noi,^[18] enacted on 1 March 2012
• Basarabeasca^[18]
• Fălești^[18]

Similar provisions were enacted by following villages of Făleşti District:

• Bocani, later repealed^[18]
• Chetriş,^[18] repealed on 22 February 2012
• Hiliuți^[18]
• Pîrliţa, later repealed^[18]

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 included 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.^[20][21]

On 11 October 2013, the Parliament passed a bill intended to remove the content which could have been interpreted as "homosexual propaganda".^[22][23]

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.^[24]