Lobbying and advocacy

According to the legislation of the Republic of Moldova, being gay does not automatically exempt you from compulsory military service. Such an exclusion would, in fact, be discriminatory, including against gay men who want a military career. However, there is a risk that LGBT people will be subject to discrimination, harassment or abuse in the military environment. If you have such concerns, request a consultation with the psychologist of the military medical commission and talk honestly about your sexual orientation, your fears and the measures by which you can be protected. If the psychologist is not open or does not provide a clear answer, contact the GENDERDOC-M Information Center for support.

There is currently no law on legal gender recognition in the Republic of Moldova that would establish a clear and accessible procedure for amending the documents of trans persons. GENDERDOC-M continues to work towards the adoption of such a law and, in parallel, supports strategic litigation processes in this area. If you cannot wait for the adoption of a law, and we cannot estimate how long this process will take, you can try to follow the existing practice by obtaining a court decision. The procedure, in general, is as follows: you apply to the ASP, after the place of registration, and submit an application for changing the name and the mention of sex/gender in the birth certificate, indicating that you are a trans person. The ASP will issue a refusal. This refusal can be challenged in court. For this procedure, it will be necessary to have a lawyer to represent your interests in court. You should be prepared that the process may take several years and that you may need to go through all the judicial stages, including the Supreme Court of Justice. Based on existing practice, there is a significant chance that the final decision will be favorable, but the outcome cannot be absolutely guaranteed.

If your rights are violated because of your sexual orientation, gender identity, gender expression or sexual characteristics, it is important that you do not remain alone in this situation. Discrimination, harassment, threats, violence, refusal to provide services, disclosure of sexual orientation or gender identity without your consent, dismissal or humiliating treatment can be legally challenged. Try to document what happened as accurately as possible: date, time, place, people involved, witnesses, messages, images, audio or video recordings, documents or any other relevant evidence. Do not delete conversations, posts or messages, even if they are painful. They may be important for a possible complaint. You can contact the GENDERDOC-M Information Center for a free legal consultation. We can help you understand whether the situation constitutes discrimination, a crime motivated by prejudice, hate speech, harassment or another violation of your rights. We can also support you in filing complaints with the competent institutions, including the police, the Equality Council, the court or other relevant authorities. If you are in immediate danger, call 112. Your safety is our priority. Once you are safe, you can return to GENDERDOC-M for legal, psychological support or to document your case.

At GENDERDOC-M you can receive free and confidential legal services, including anonymous ones. To request a legal consultation, you can call 022 28 88 63, write to [email protected] or contact Centrul_GDM through our Instagram or Facebook pages. In order for the GDM representative to better understand the situation, it is useful to provide as much information as possible about the case: what happened, when and where the incident took place, who the people involved were, if there were any witnesses and if you have already asked for help from the police, administration, employer, educational institution or other authority. If you have evidence, keep it and send it: screenshots, messages, emails, photos, audio or video recordings, medical documents, official responses, previously filed complaints or any other relevant documents. Do not delete messages, posts or conversations, even if they are unpleasant. They can be important for defending your rights.

If you are in immediate danger, call 112 and ask for the police and/or an ambulance. Your safety is a priority. Try to get to a safe place and, if possible, contact a trusted person who can come to your side or help you. If you have been injured, go to the doctor as soon as possible or call an ambulance. It is important that the injuries are medically documented. Keep all medical records, take photographs of the signs of violence and note the date, time and place of the attack. File a complaint with the police and clearly state that the attack was related to your sexual orientation, gender identity or gender expression. If the attacker used homophobic or transphobic insults, threats, comments about LGBT or other expressions of hate, say so in the complaint. These details can be important for investigating the case as a bias-motivated act. Try to keep all evidence: damaged clothes, photos, video or audio recordings, messages, witness data, screenshots or any other relevant information. Do not modify or delete the content, even if it is painful. You can contact GENDERDOC-M for free and confidential legal and psychological support. We can help you document the case, file a complaint and communicate with the competent authorities.

If you are being harassed online or someone threatens to publish information about your sexual orientation, gender identity, photos, conversations or other personal data, do not respond impulsively and do not accept the demands of the person who is blackmailing you. Save all evidence immediately: screenshots, links, messages, profiles, phone numbers, email addresses, date and time of messages. Do not delete conversations, even if they are painful or humiliating. They may be needed to document the case and for a possible complaint. If there is a risk that the profile or messages will disappear, take screenshots and, if possible, ask a trusted person to help you keep the evidence. You can report the content to the platform where the harassment is taking place, but before requesting its deletion, make sure you have saved the evidence. Depending on the severity of the situation, the case may also be reported to the police or other competent institutions. Contact GENDERDOC-M for free and confidential legal support. We can help you understand what legal steps are possible, document the case, and file a complaint, if you wish.

Publishing personal data, photos, conversations, sexual orientation or gender identity without consent can be a serious violation of the right to privacy and the protection of personal data, especially if this exposes you to hatred, harassment, discrimination or violence. Save the evidence immediately: screenshots of the post, comments and the profile of the person who published the information, the exact link, date and time of publication, as well as any relevant previous messages. Do not limit yourself to just reporting the post, as after deletion it may be more difficult to prove what happened. Once you have saved the evidence, you can request the platform to remove the content and block the person who published it. If the publication of data puts you in danger or is accompanied by threats, blackmail, hate speech or incitement to violence, seek immediate help and contact the police. You can contact GENDERDOC-M for free and confidential legal advice. We can help you document the case, identify the competent institution, and prepare a complaint regarding violation of the right to privacy, protection of personal data, harassment, blackmail, or discrimination.

If you are being chased away from home because of your sexual orientation, gender identity or gender expression, first try to get to a safe place. If there is an immediate danger to your life or safety, call 112 and ask for the police or ambulance. If possible, contact a trusted person: a friend, relative, colleague, teacher, neighbour or an organisation that can support you. Do not remain alone in a risky situation. Try to keep evidence of the threats or abuse: messages, audio or video recordings, photographs, medical records, witness statements or any other relevant information. You can contact GENDERDOC-M for free and confidential legal and psychological support. We can help you understand your options, document the case, file a complaint and, depending on the situation, identify short-term safety solutions together. If you are a minor, the situation must be treated with extra care, as child protection authorities may also be involved. In this case, it is important to seek help as soon as possible from a trusted adult or a specialized organization.

Currently, the Republic of Moldova does not allow the registration of marriages or civil partnerships between people of the same sex. National legislation defines marriage as the union between a man and a woman. However, the fact that your relationship cannot be registered as a family does not mean that you do not have any rights. In certain situations, you can try to protect each other through separate legal documents, for example, powers of attorney, wills, contracts on joint property or other acts that can regulate certain aspects of your life together. These documents do not replace marriage and do not provide all the rights that spouses have, but they can help in some practical situations, such as managing property, representing before institutions or expressing wills regarding inheritance. To understand which solutions are appropriate in your case, it is recommended to seek legal advice. GENDERDOC-M can help you analyze the situation and identify possible steps.

If you have entered into a marriage with a person of the same sex in another country, it is not recognized in the Republic of Moldova. The Family Code stipulates that a marriage entered into abroad is recognized in Moldova only if the conditions provided for by the legislation of the Republic of Moldova are met. This means that, in practice, same-sex partners do not automatically benefit from the rights of spouses in Moldova. GENDERDOC-M works for the recognition and legal protection of same-sex couples in the Republic of Moldova, including through advocacy and strategic litigation. If you have a marriage entered into in another country and want to understand what effects it may have in Moldova, contact us for a free and confidential legal consultation.

If you are a trans woman and have received a summons for military service, it is important not to ignore the summons. Failure to appear may create additional legal problems. Appear at the military medical commission or, as appropriate, seek legal advice before appearing, especially if there are risks to your safety. In the Republic of Moldova, there is no clear procedure regulating the situation of trans people in relation to compulsory military service. Therefore, each case must be analyzed individually, depending on the documents you have, your legal status, health status, available medical documents and the concrete risks of discrimination or abuse. At the military medical commission, you can request to discuss your gender identity, your vulnerabilities and the risks you could be exposed to in a military environment with the psychologist or doctors of the commission. If you have relevant medical or psychological documents, it is recommended that you present them. These can help the commission assess your situation individually. If you fear that you will be subjected to humiliation, harassment, violence, forced outing or other forms of abuse, say so clearly and ask that these risks be taken into account. It is important that your requests are formulated in writing or that you ask for their confirmation in the commission documents. If institutions are not open, treat you humiliatingly or do not take into account the specific risks, contact GENDERDOC-M for free and confidential legal advice. We can help you understand your options, prepare the necessary documents, formulate requests or complaints and assess the possibility of challenging a decision.