TGEU Countries: Moldova Article 346 of the Criminal Code prohibits “deliberate Societal violence For the record actions and public exhortations, including through the One of GENDERDOC-M Information Centre’s ac- 1. In 2014, a 36-year-old transsexual woman continued and humiliating treatment from a female doctor he had mass media, in written and electronic form, intended to tivities is to monitor and document discrimination, to be systematically subjected to harassment at work gone to see for a refugee medical certificate due to his incite national enmity or discord, racial or religious ha- bias-motivated violence and other rights violations by her colleagues and management. The harassment feminine gender expression. When he took off his shirt tred, humiliate national honour and dignity or directly or committed against individuals on the grounds of sexual had begun when she had begun the transition process and the doctor saw his pierced naval, she called him indirectly limit the rights or determine the direct or indi- orientation, gender identity and gender expression. The three years earlier, and it did not cease even after she a “hermaphrodite” and asked if he had male genitals. rect benefits of citizens on the grounds of their national- ProTrans project has helped GENDERDOC-M staff im- had received new identity documents confirming her Upon receiving an affirmative answer, she said, “It’s ity, race or religion”. However, Article 346 also contains prove their outreach to the trans community and gender gender identity. Her co-workers and management re- good that you haven’t cut them off”. The victim did not unclear terminology, e.g. “humiliate national honour non-conforming individuals, which has resulted in an in- fused to address her by her chosen gender and name, report this case to the police or any other state author- and dignity”, “directly or indirectly limit the rights” or crease in the number of documented cases concerning and her colleagues laughed behind her back every time ity due to the lack of information about such possibili- “determine the direct and indirect benefits of citizens”. discrimination and violence against transgender and she passed by. She did not turn to state authorities for ties. According to the victim, he is subjected to frequent Article 346 criminalises hate speech, but it does not pro- gender non-conforming people. Several incidents of assistance “in order not to aggravate the situation”. harassment and verbal violence (at least once a week) vide sanctions for hate speech on the grounds of sexual hate speech have also been registered, similarly to oth- orientation, gender identity or gender expression. er ProTrans partners, in relation to the 2014 Eurovision 2. In June 2014, Igor Dodon, the infamous president clothes. People on street often question his gender by Song Contest winner, Conchita Wurst. of the Party of Socialists of the Republic of Moldova, asking if he is a boy or a girl or tell him to pull down his Neither Article 176 nor Article 346 are hate-crimes which openly promotes a pro-Putin agenda, released a pants so they can see his genitals. On the street where provisions, nor are they applied by the police and other political commercial outlining the “vices” of the Euro- the victim temporarily resides, a 13-year-old girl calls law-enforcement authorities in instances of bias-mo- pean Union and calling for a referendum on Moldova’s him a “fag” every time he passes by. tivated crimes and incidents committed against LGBT future geo-political alignment: pro-EU or pro-Russia. people in Moldova. The only legal provision applied in The commercial used an image of Conchita Wurst, the 4. In May 2015, Igor Dodon, president of the Party of the protection of LGBT individuals and groups from then-recent drag winner of the Eurovision Song Con- Socialists of the Republic of Moldova, released anoth- hate speech is Article 3(5) of the Law on Freedom of test. Accompanying the image of Conchita was the er political commercial9 prior to the country-wide local Expression, which states that the “guarantees of free- word ”Values?”, thereby implying that EU is immoral elections on 14 June. The commercial used an image of dom of expression do not extend to speech that incites because a person in drag won the major international GENDERDOC-M activists from the 3rd annual LGBT hatred and violence”. The penalty for homophobic and music show. Pride March, held on 17 May in Chișinău, implicitly in- 8 on streets of Chișinău due to his feminine looks and citing discrimination against LGBT people and accusing transphobic speech is usually minimal, e.g. small fines and a formal apology to the plaintiffs. + 66 + 3. In March 2015, a 22-year-old self-identified androg- the current government, consisting of pro-EU parties, ynous person from Ukraine, who has been seeking asy- of “destroying our traditional values and Christian mor- lum in Moldova since February 2015 on the basis of the als”. GENDERDOC-M has filed a lawsuit against the conflict in Eastern Ukraine, was subjected to degrading Party of Socialists that is currently before the courts. + 67 +