Discrimination means that you are being treated differently from someone else in an analogous situation, simply because of who you are, without objective and reasonable justification.
Discrimination is prohibited. You can be discriminated against on a variety of grounds. Some of the most common with respect to civic participation include gender, nationality, race, ethnicity, language, religion, HIV status, disability, sexual orientation and status as a prisoner. If the State fails to eliminate or encourages discrimination in relation to civic participation, it may be held liable for a violation of the prohibition of discrimination in combination with any of the previously mentioned human rights, or independently.
Read more about the prohibition of discrimination in this Guide.
Women are particularly disadvantaged compared to men when standing for election, with the number of female candidates on a list and the elected representatives often being lower than the number of male candidates. Gender quotas in elections and other positive measures have been promoted to remedy this situation. Under Moldovan law, 40% quota for both sexes exists for local and parliamentary elections. The Constitution and the Law on ensuring equality also guarantee non-discrimination and equality, including on the grounds of sex, gender identity and marital status. These guarantees also translate to civic participation, ensuring that women are in an equal position to participate in civic processes.
The civic participation of minorities, be it based on national, ethnic, religious or racial grounds, can be disadvantaged on several levels. Citizenship in particular is a precondition for the realisation of many political rights, such as taking part in elections and referendums, although this is a justifiable restriction.
In Moldova, there are no legal or practical restrictions prohibiting the membership of stateless persons or foreign nationals in trade unions, professional associations, civil society organisations, or other non-governmental organisations. Moreover, all minorities have a State-supported right to maintain and develop their linguistic, ethnic, cultural and religious identity, including within the civic space. The Constitution and the Law on ensuring equality also guarantee non-discrimination and equality, including on the grounds of race, colour, national or ethnic origin, citizenship, language, religion or belief.
According to human rights law, all persons with disabilities should enjoy their right to vote or to hold office on the equal basis with others. Moreover, the blanket removal of voting rights on the basis of a mental disability constitutes a violation of the right to vote. At the same time, Moldovan Electoral Code provides still that every citizen has the right to vote, with the exception of those deprived of this right by an individual court decision establishing a judicial protection measure. This measure may be taken because of the severe form of mental or intellectual disability.
Physical and sensorial (vision, hearing) disability may not be a legitimate ground for restricting the right to vote. However, the physical and informational accessibility of polling stations and the right to vote by secret ballot may be hindered by it. Accessibility and reasonable accommodation for persons with disabilities should be ensured at all stages of the electoral cycle, enabling a person to exercise their right to vote in private or via an assistant of their choice. In this respect, the Electoral Code provides that voters who are unable to fill in the ballot paper themselves may be assisted by another person. This person may be a personal assistant, relative, acquaintance or any other person, with the exception of members and staff of the polling station, representatives of electoral candidates or referendum participants and persons authorised to be present during the electoral process (for example, observers). The Law on ensuring equality also guarantees non-discrimination and equality, including on the grounds of disability and state of health, and requires the implementation of reasonable accommodation measures.
According to human rights, the right of prisoners to free elections may be restricted subject to certain circumstances. Prisoners should not be automatically disenfranchised from their right to vote solely on the basis of their prisoner status, but their right to stand for elections may be restricted. In order for their right to free elections to be restricted, such a prohibition must have a legitimate aim, such as preventing crime by means of sanctioning the conduct of prisoners and enhancing civic responsibility and the rule of law, and be proportionate.
In Moldova, pursuant to the provisions of the Electoral Code, prisoners serving a sentence and other detained persons have the right to vote in national elections and referendums by means of a portable ballot box, which is delivered to the penitentiary. However, those detained cannot vote in local elections and referendums, if they are held in a penitentiary institutions located outside the administrative-territorial unit of their residence where they are registered to vote. The Law on ensuring equality contains an open-ended list of grounds for protection from discrimination, therefore, detainees may be protected from discrimination on the basis of their procedural status (for example, the status of the arrested, prosecuted or convicted person) or other grounds.