„THERE ARE MANY CASES OF DISCRIMINATION, WHICH REQUIRES A SPECIAL ATTENTION FROM THE AUTHORITIES”

Interview with Mrs. Janeta Hanganu, expert-attorney, BAA „Hanganu,Tănase şi Partenerii”, on some aspects of ECHR jurisprudence in the field of non discrimination.

Cor.: Mrs. Hanganu, besides NON DISCRIMINATION. National and International Aspects training have you participated in others on this issue? Or this is the first time when in Moldova is discussed this issue?

Hanganu: Definitely this is not the first time when the issue of non discrimination is discussed.

But the subject continues to be present, because there are many cases of discrimination, which requires a special attention from the authorities. The training was an important step in informing the participants on the issue, but also various aspects on ECHR jurisprudence in the field of non discrimination.

-You as an expert, how do you explain the compliance of the 14 Article of the European Convention for the Human Rights, on the prohibiting the discrimination in Republic of Moldova?

Hanganu: The exercise of the rights and freedoms recognized by this Convention should be provided, without any differences, on gender, race, color, language, religion, political opinions or any other opinions, social or national origin, property, birth or any other solution. International treaties are directly applicable. Each court, every judge is bound to apply directly these treaties, even if there is no non discrimination law which could reiterate these guarantees. Although in many causes to the European Court where raised issues that are related to the discrimination, for the moment Moldova don’t have any direct condemnation on the 14 Article of the Convention.

- What are the most common areas of discrimination in our country? 

Hanganu: The notion of discrimination includes, usually, cases in which an individual or a group of persons can see itself, without any particular justification, disadvantaged by the way it is treated than others, even if in the Convention there is not provided a most favorable treatment. In the context of Moldova, the most frequent fields of discrimination are related to gender, ethnicity, race and religion. Although, less identified legally, I consider the most common form of discrimination in Moldova is based on gender; the most serious form of it is domestic violence. At the advanced stage of examination at the European Court there are some cases where women are claiming the fact of being mistreated or beaten by their husbands, and the help from the authorities’ delayed. One of the legal arguments of these cases is the fact that the victims were not helped because of the discrimination based on gender. There is no justification for this inhuman and degrading    treatment, following the authorities to react promptly and efficient, to ensure the respect of human rights, especially if the victims are women’s.

- Can you list some of the causes of discrimination?

Hanganu: I was saying that in front of the European Court of Human Rights, Moldovan Republic was never convicted for discrimination. But I can mention Eremia and Mudric causes, which suffered from violence in family. Inaction of the authorities in these cases was justified on the reason that the applicants request raise problems under the 3 Article (the right of not being subjected to bad treatments), 8 Article (the right to privacy) and the 14 Article from the Convention.

Another curious case raise the discrimination issues on grounds of the spoken language, ethnic origin and it refers to the situation of students, their parents and teachers from the Evrica Lyceum from Rîbniţa, which are systematically persecuted by the Transnistrian authorities on the reasons that they are teaching in Romanian language. The press often reflects complaints from the Russian speakers from our country; they declare that they are prohibited from speaking their language; but I have never heard about any cause in which could claim and argument legally such form of discrimination. It is also current the subject of discrimination on the religion reason, related with the registration or the refusal to register a religious cult – causes of the Bessarabia Metropolitan, True Orthodox Church in Moldova – or certain incidents between different religious cults.

- What are the methods undertaken by the Moldovan Republic authorities against refugees discrimination?     

Hanganu: Refugees and asylum seekers are mostly exposed to discrimination both by society and from official authorities, which, in fact, are meant to help them. Although Moldovans are hospitable and tolerant, refugees with other color of the skin and those who have other religion are not approved by the society. And the authorities passivity, only encourages such offensive attitudes and sometimes illegal.

-      How serious is the issue of discrimination in Moldovan Republic compared with other countries?

Hanganu: It is difficult to compare the situation of Moldova with the one of other countries. So far, the Court and, prior, European Commission for the Human Rights found in 172 decisions the violation of the 14 article, of which Moldova has no conviction. Most of the jurisprudence on the 14 Article of the Convention refers to the cases against the United Kingdom (43 decisions), Romania (23 decisions) and Austria (21 decisions). I’m not sure if this statistic should calm us, because this does not mean the lack of an issue under the aspect of discrimination.

-       And finally, which could be the methods to deal with discrimination?

Hanganu: In my opinion, the discrimination follows to be convicted at the level of state policy. As long as the prosecutors do not take action against the aggressors, they become accomplices and this fact encourages new discriminatory incidents. But also those discriminated should show activism – women – should not comply, and especially they should not let themselves intimidated. It is necessary to change people’s mentality, to cultivate a sense of moral self defense. We must all together contribute to reduce the discrimination in the Republic of Moldova.

Mariana Răileanu,

Student-journalist,

ULIM