On 27 January 2010, The Equal Rights Trust submitted an expert opinion to Mihai Ghimpu, Acting President of the Republic of Moldova and Chairperson of the Moldovan Commission on Constitutional Reform, arguing that Article 16 (Equality of Rights) of the Constitution of the Republic of Moldova (the Constitution) falls short of international human rights standards. In its letter, ERT also made recommendations for amendments which would better reflect the Republic of Moldova’s commitment to human rights.
The Commission for Constitutional Reform was established by a Presidential decree on 1 December 2009, with the task of considering the need for constitutional reform, submitting proposals to Parliament for any necessary reform and elaborating amendments to the Constitution. On 11 January 2010 the Commission was instructed to undertake analysis of the content of the Constitution, adopted on 29 July 1994, in the light of international and comparative constitutional frameworks, with the aim of identifying gaps in the current constitutional system.
The ERT expert opinion argues that Article 16 of the current Constitution contravenes international law by limiting the application of the right to equality before the law to “citizens of the Republic of Moldova”, thereby excluding non-citizens. It further argues that the list of grounds on which discrimination is prohibited under Article 16(2) is too narrow to be consistent with Moldova’s international obligations. In the expert opinion, ERT calls on the Acting President Mihai Ghimpu, as Chairperson of the Commission, to address these concerns and to propose amendments which would ensure that the right to equality enshrined in Moldova’s Constitution complies with international law.
Speaking about the ERT expert opinion, ERT Executive Director Dimitrina Petrova said:
“The Commission for Constitutional Reform has a unique opportunity to improve the protection from discrimination and inequality experienced by many in the Republic of Moldova.
“As it stands, Article 16 of the 1994 Constitution is problematic. Its limited scope excludes non-citizens and provides a limited list of prohibited grounds of discrimination, meaning the Constitution is in breach of Moldova’s international obligations. The Commission must take this opportunity to iron out these inconsistencies and entrench a strong constitutional guarantee of the right to equality for everyone, consistent with international human rights law.”
To read ERT’s expert opinion, click here.
