Equality Council

Overview

The Equality Council is an independent autonomous central public authority reporting to the Parliament.

Brief history

It is a collective body consisting of five members appointed by the Parliament for five year term and assisted by administrative apparatus.

Equality Council began its activity on July 31, 2013 based on the Law 121 on Ensuring Equality of 25.05.2012, which created legal framework to implement Directive 2000/43/EC of 29 June 2000 and Directive 2000/78/EC of 27 November 2000.

The Law 121 establishes legal and institutional framework for preventing and combating discrimination and ensuring equality for all persons on the territory of the Republic of Moldova. It prohibits discrimination in the political, economic, social, cultural and other spheres of life. The grounds protected from discrimination are race, color, national, ethnic and social origin, social status, nationality, language, religion or beliefs, age, sex, gender identity, family status, sexual orientation, disability, health condition, HIV status, opinion, political affiliation, wealth, birth or any other ground. The list of grounds is not exhaustive. The Law applies to individuals and legal entities from public and private domain.

Council is both tribunal (quasi-judicial) and promotion type of equality body.

Mandate of the Council relates to: 1 – examination of complaints of alleged discrimination and issuing Decisions, which are legally binding unless contested in the Court; 2 – assessment of the existing legal framework and draft laws from the perspective of equality and non-discrimination standards; 3 – awareness raising and promotion of equal opportunities.

Activity of the Equality Council is regulated by the Law 298 of 21.12.2012 on the Activity of the Equality Council.

Governing laws and regulations

Mandate

Sectors covered

Private, Public

Legal standing before the courts

Amicus curiae brief or similar, Defending own legally binding decision before the courts

Functions

• Making legally binding decisions on claims of discrimination
• Making recommendations on claims of discrimination [or other decisions on the merit that are not legally binding]
• Undertaking ex-officio investigations
• Organising training, advising and capacity-building activities for particular stakeholders on meeting their obligations
• Organising awareness raising and communication activities
• Advising government on the development, adoption and amendment of law and policy
• Monitoring national law and policy from an equality perspective
• Carrying out specialist research on equality and non-discrimination
• Reporting to national and international bodies on discrimination issues
• Networking with relevant entities in the country and internationally
• Conciliation or mediation
• Reporting discriminatory advertising

Fields and grounds

Other grounds

Color of Skin, National Origin, Social Origin, Nationality/Citizenship, Language, Sex, Health Condition, HIV Status, Opinion, Political Affiliation, Wealth, Birth or any other ground.

Other mandates of the institution

Standalone dedicated national equality body

National human rights institution, Equality Body

Institution

Management and Appointments

Management

Collegiate headed equality body (led by a distinct board/commission)

Council is lead by the President of the Council.
Daily activity is managed by the Secretary General, subordinated to the President.

Procedure for nomination and appointment of management and board

Members of the Council are appointed by the Parliament for a five year term. Members elect one of them as the President of the Council.

Regional or Local offices

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Accountability

National Parliament