How to complain

You have the right to complain if you think you have been discriminated against.

In this section, you will find information about where and how to submit a complaint about discrimination in Moldova.

Before you make a formal complaint, it is important to understand what you want to achieve. If your rights have been violated, you are entitled to a remedy, which can take many forms like an apology, compensation, reinstatement etc.  Before you decide to complain, it is important to understand which form of remedy you are willing to receive.

Informal complaint

Sometimes it is better to try to resolve the problem informally first. You can raise the issue with your employer, educational institution, service provider, etc., depending, of course, on where you have experienced the discrimination. This may save the time and costs of legal proceedings. If you have not received any response, or the response was not satisfactory, you may decide to proceed with a formal complaint.

Formal complaints to state institutions and courts

Sometimes it is better to start with a complaint to the specialized state authority responsible for preventing and combating discrimination, which is the Equality Council.

important If you choose to complain to this specialized authority first, you must be careful not to miss procedural deadlines for filing the complaint in court, which is the only authority that can decisively resolve your discrimination case and award compensation.

The statute of limitations for a civil claim in court under Law on Ensuring Equality is limited to one year. Formal complaints before the Equality Council do not interrupt the running of this time limit.

Contravention sanctions

In accordance with the Contravention Code, the Equality Council is the competent authority responsible for determining whether a contravention involving acts of discrimination has occurred in the fields of employment, education, access to goods and services, incitement to discrimination, harassment and victimization. The Equality Council records on the contravention are subsequently submitted to the competent court. The contravention fine for a violation of anti-discrimination legislation range from 3 000 to 4 200 Moldovan Lei for a natural person, from 6 000 to 10 500 Moldovan Lei for a person with a responsibility role and from 10 500 to 13 500 Moldovan Lei for a legal entity. 

Criminal sanctions

Discrimination is punishable under the Moldovan Criminal Code in several situations. These include instances where discrimination causes significant damages, exceeding 20 times the average monthly wages. It is also considered an offense when committed by a person in position of responsibility, a group of individuals, or when it’s based on two or more criteria. Additionally, placing discriminatory messages or symbols in public spaces is another form of punishable discrimination. Promoting or supporting discrimination through mass media can lead to more severe criminal penalties. Furthermore, discriminatory acts resulting in the involuntary death or suicide of the victim are subject to even stricter legal consequences.

In such case, you should submit a complaint to the State Police.

Complaints to international human rights bodies

If you think that the violation of your rights has not been remedied by Modlovan institutions or courts, you should submit a complaint to international and European institutions, such as the European Court of Human Rights or the UN Human Rights Committee.

About this section

This section of the Guide will explain, how and where to complain about discrimination, and where to seek help.

Read more about the complaint procedures:

Resources

Last updated 22/11/2023