The Equality Council can:

1. Examine your complaint on potential discrimination and issue a decision

At the end of complaint examination, the Equality Council will issue a decision on whether a person has been discriminated or not. Please note that the Council cannot prescribe the amendment of court decisions. 

If the Equality Council concludes that you have been discriminated, it will send the decision to the offender. This decision may contain prescriptions on what action should be taken to restore your rights without delay. The offender must inform the Council in writing within 30 days of the measures taken to implement the prescriptions and remedy the situation. If prescriptions of the Council are not or insufficiently implemented, it may continue monitoring of their implementation, inform mass-media and the public, or even sanction the offender with a fine. 

The Council’s decision can also help you defend your claim in the court or other institution examining your claim. For example, you can apply to the court based on the Council’s decision with a claim of financial compensation for the discrimination you suffered. 

2. Contribute to the amicable resolution of your case  

The Council can also contribute to the amicable resolution of the conflict between the parties during the hearing of your complaint. In this situation you and the person you complained against may agree about specific actions to solve the problem you complained about. These actions are included by the Council to the Amicable Agreement, which is signed by and is binding for the parties. The Council monitors the implementation of the actions and it may impose fines for failure to implement the actions taken under the Amicable Agreement. 

3. Provide the court with an opinion on your case  

If you submitted a complaint on discrimination directly to the court, then following your request the court can ask the Council to present its advisory opinion, which can be used by the court for further examination of your case. 

note Remember that you can take your complaint about discrimination to the Equality Council or to the court. You cannot complain about discrimination to both institutions at the same time. If you do so, the Council will terminate the examination of your complaint so that your complaint can be decided by a court. 

4. Help to prevent future discrimination of a similar kind against you or other persons

If examination of a complaint or another analysis of the Council reveals a problem in a law or in practice of state or private institutions, the Council may recommend amendments to the legislation, change of practice, organisation of training or information sessions, or other measures in order to prevent future similar discrimination cases. 

5. Punish those responsible for discrimination 

The Council may issue an offence report against the offender according to the Contraventions Code if it concludes that you have been discriminated in the form of harassment or victimization, or you have been discriminated in the sphere of labour, education or in the access to the goods and services available to the public. The offence report is sent to the court which is deciding whether to apply contravention sanctions or not. 

The Council may impose sanctions directly for the following contraventions: 

  • hindering the work of the Equality Council with the aim of influencing its decisions
  • failing to provide relevant information required for the examination of complaints
  • failing to provide relevant information required in the monitoring process
  • wilfully ignoring and failing to implement the Council's prescriptions and recommendations as well as the obligations assumed in conciliation agreements
  • hindering its work in any other way

note Remember, if you faced with the incitement to the discrimination and you would like to the offender to be sanctioned, you need to submit a complaint to the police. According to the Contraventions Code the offence report on the incitement to the discrimination is issues by police and not by the Equality Council. 

6. Help you to understand discrimination and explain how better to protect yourself 

If you are not sure if you have been discriminated or not or whether the Equality Council can examine your complaint, you can make an appointment at the Council for a consultation or receive a consultation by phone calling Hot Line 0-8003-3388 or landline +373 (0) 22-212-817 before you submit your complaint. The Council provides consultations daily through the on-duty lawyer. Additionally, members of the Council provide appointments for people following the request. The Equality Council is located in Chișinău and it does not have any regional offices. Contact details of the Council can be found on the dedicated page of the Council’s website.

The Equality Council cannot:

The Equality Council can only fulfil those tasks which are outlined under the Law on ensuring equality, and under the Regulation of the Equality Council. Therefore, the Council cannot:

  • review, revoke or change decisions of courts 
  • give you financial compensation for the discrimination you suffered
  • carry out criminal prosecution
  • provide legal advice not related to the discrimination
  • write applications to courts or state institutions or write other legal documents for you
  • represent you in state institutions or courts, in the European Court of Human Rights or other international body

Resources

Last updated 23/11/2023