Thanks to the experience achieved, through participation in seminars and trainings, I transmit the gathered knowledge

Interview with Mrs. Doina Ioana Străistean, lawyer at BAA “Panţîru şi Străisteanu”, expert in Human Rights

Cor.: Mrs. Străisteanu, you are expert in human rights, with a considerable practice in the field of defending human rights, including discrimination and nondiscrimination; Please tell us which are the most important aspects of this domain?

Mrs. Străisteanu: yes I acting for many years as a trainer in Human Rights and I have participated in various seminars and trainings on discrimination and human rights that is why I can say that the problem is well known by me including the practical perspective. The most important and most frequent cases of discrimination are: sexual orientation, race, religion and disabilities.

How often are organized such trainings in Moldova?

Trainings themed systematic nondiscrimination, organized by IDOM (Institute for Human Rights in Moldova), in a project funded by the Global Fund, coordinated by Doina Munteanu. In this project were organized two trainings in each month, focused on nondiscrimination of patients infected with HIV, tuberculosis, AIDS, etc. Lawyers Law Center organized three trainings, which took place in September in Bălţi, and in October and November – in Chisinau.

Why exactly the discrimination problem has attracted your interest?

I specialize in problems related to the security and law supremacy, civil and political rights; I have represented victims of torture, Corsacov cause. Moldova decision of 6 April 2006 on the recognition of the falakka procedure, first conviction at the European Court on torture, but nondiscrimination tangentially appears in many cases of criminal nature. The attitude towards the victims of domestic violence, retrieved now in Moldova at the Prosecution and Ministry of Labor and Social Protection, which consider the women guilty, because she don’t fulfill her duties and thus cause them man to violence.  I have ten years of practice in the field, which is why through files, seminars and trainings I try to give the achieved practice to my colleagues.

Where a person who feels discriminated can address?

In the first place the person should seek legal advice from a lawyer which works in the field. Unfortunately very few lawyers are trained in the nondiscrimination problem. The Nondiscrimination Coalition has a hotline where concerned person can address, and then cases are reviewed by lawyers.

Knowing that you have a working practice abroad and you know cases of women harassment, please tell us whether women abroad are more open to receive legal assistance in such cases, because it is well known that in Moldova still exist shy and fear to seek such help?

Taking about matrimonial rape, we have two cases at the Court against United Kingdom, where the Court said that the woman has the same rights as man. The West and the United States have been worked hardly on this aspect; the starting point was to analyze the state and socio – psychological attitude of the women subjected to violence. In our country situation is different – it goes on concrete evidence, such as marks on the victim’s body, torn clothes or biological samples, without being considerate the psychological state.

During the training you spoke about the action calling into Court of the X person for the discriminatory declaration that he did in a press conference. Do you consider that the journalists that have mediated the event should have omitted certain expressions that have caused the frustration of the concerned ethnics? 

Journalist should omit some phrases said by some speakers, because they incite xenophobia, racism and are offensive. The case which you mentioned, which was sued by the representatives of the concerned ethnics, it is a simple example in this context. When you are interviewing this gentleman, being journalist, you should cover or omit some phrases or words, because it is a disturbing declaration with racist meanings. Exactly this issue was discussed in the discussion in the training “Ethical norms in writing and documentation of articles about the situation, rights of disadvantaged persons and those from minority groups” organized by the Independent Pres Association (IPA), within the project “Dissemination of good practices of mediation of the discriminating phenomenon”, implemented by IPA and funded by the UN High Commissioner for Human Rights (UNHCHR), organized for journalists.

For conformities,

Adriana MARTÎNIUC,

Student –journalist,

ULIM

Aspects from the training

NONDISCRIMINATION,

INTERNATIONAL AND NATIONAL LEGAL ASPECTS, ECHR JURISPRUDENCE AND NATIONAL JURISPRUDENCE IN THE FIELD,

Organized on 18 November, current, by the Layers Law Center in collaboration with the

The Council of Lawyers Union in Republic of Moldova

and with the support

United Nations Development Programme (UNPD)