Moldovan Authorities Clarify Ambiguity of Article 90’1


Coat of arms of Moldavian SSR (1990-1991), tod...

Coat of arms of Moldavian SSR (1990-1991), today the coat of arms of Moldova (Photo credit: Wikipedia)

GENDERDOC-M Information Centre | ILGA-Europe | August 6, 2013

GENDERDOC-M Information Centre welcomes the explanations and measures to be taken by Moldovan authorities following the adoption of the ambiguous Law Nr.117 on Completing the Contravention Code with Article 901 “Public activities with negative impact on minors”, which entered in force on 12 July 2013. Following the appeal from the group of civil society organisations, coalitions and international structures to the Government to repeal the part of Article 901 regarding “propagation of […] any other relations than those related to marriage or family in accordance with the Constitution and the Family Code”, Moldova’s Government has provided a clear response to what extent the Article may be applied and what measures will be taken to eradicate its ambiguity.

Prior to its adoption, the Government had given a negative opinion on the respective draft amendment because of the last part of the paragraph 2 referring to the “the other relations…” The reason was that the amendment doesn’t comply with the criteria to be concise, unambiguous and clear as it is required by current Moldovan legislation on adoption of legislative acts. In its response, Government informs the stakeholders that “after the adoption of the Law, the Ombudsman reiterated the concern about the fact that the norms of legislative technique were not respected”.

GENDERDOC-M welcomes the Ombudsman’s explanatory report from 30 July 2013 signaling to the Parliament the need to initiate the procedure of revision and amendment of the above mentioned law, especially the provision regarding “some other relations”.

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