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Recognition of same-sex unions in Moldova

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Part of the LGBTQ rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
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Moldova does not recognize same-sex marriage or civil unions. The Constitution of Moldova defines marriage as being between "a husband and a wife".

Registered partnerships

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Registered partnerships (Romanian: parteneriat înregistrat, pronounced [parteˈnerjat ɨnreˈdʒistrat])[a] are not recognized in Moldova. However, the country is obliged under the European Court of Human Rights' ruling in Fedotova and Others v. Russia to provide legal recognition to same-sex unions. In January 2023, the Grand Chamber ruled that Article 8 of the European Convention on Human Rights, which guarantees a right to private and family life, places a positive obligation on all member states of the Council of Europe to recognize same-sex partnerships.[2][3][4] If established, such a scheme would likely offer same-sex couples some of the rights, benefits and responsibilities of marriage.

The Fedotova ruling was vehemently opposed by the Moldovan Orthodox Church, the largest church in Moldova. Metropolitan Vladimir stated that Moldova was "in a worrying situation", saying that attempts to legalise civil partnerships "will be followed by a proportional reaction because such decisions go against the eminently Orthodox and historical conscience of the people. The Orthodox Church of Moldova urges the faithful to take a stand, obviously, strictly within limits allowed by the legislation in force of the Republic of Moldova, so that such legalisation and promotion of sin does not take place."[5]

Same-sex marriage

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Laws regarding same-sex partnerships in Europe¹
  Marriage
  Civil union
  Limited domestic recognition (cohabitation)
  Limited foreign recognition (residency rights)
  Unrecognized
  Constitution limits marriage to opposite-sex couples
¹ May include recent laws or court decisions that have not yet entered into effect.

Article 48(2) of the Constitution of Moldova states that "[t]he family shall be founded on a freely consented marriage between a husband and wife, on their full equality in rights and the parents' right and obligation to ensure their children's upbringing, education and training."[6] In addition, Article 48(1) states: "The family shall represent the natural and fundamental factor of the society, and shall enjoy the State and society protection." The wording has been interpreted as banning same-sex marriage, though the Constitutional Court of Moldova has not ruled on a case challenging this definition. The Family Code refers to married spouses as "man and woman".[7] Article 2 of the code states that "family relations are performed according to the principles of [...] voluntariness of the marriage union of the man and woman [...]". Transgender persons are permitted to marry a person of the opposite sex after sex reassignment surgery and the changing of their identification documents to reflect their legal gender.[8]

In December 2022, pro-Russia news outlets were erroneously reporting that the European Union had made the legalisation of same-sex marriage a condition for Moldova's accession to the union. A motion published in the Official Journal of the European Union on 16 December 2022 "invites the Republic of Moldova to eliminate the constitutional ban on same-sex marriages established in 1994 and to establish measures to combat discrimination for LGBTI people." The motion does not oblige and does not make the accession to the EU conditional on amending the Constitution.[9]

In March 2023, four same-sex couples who were denied marriage licenses announced plans to challenge the refusal at the European Court of Human Rights.[10] A couple, Angelica Frolov and Leo Zbancă, filed a lawsuit in April 2023 seeking legal recognition of their relationship.[11][12][13] In June 2023, activists demonstrated in Chișinău for the legal recognition of same-sex unions. A spokesperson for the LGBT advocacy group GenderDoc-M said, "Currently, we have new initiatives [such as the marriage equality campaign], which for [us] is a sign of our development."[14]

Public opinion

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Opinion polls report that a majority of Moldovans oppose the legal recognition of same-sex marriage. A 2014 survey from the Institute for Public Policy (IPP) showed that 6% of Moldovans supported same-sex marriage, while 87% were opposed.[15] The same survey also showed that only 6% of Moldovans knew a gay person.

A 2017 Pew Research Center poll found that 5% of Moldovans supported same-sex marriage, the lowest in Eastern Europe alongside Russia.[16] Support is increasing, with a 2022 poll commissioned by GenderDoc-M showing that 14% of Chișinău residents supported same-sex marriage.[17] The poll also showed that residents who had a negative attitude towards LGBT people decreased from 55% to 33% in the space of three years. LGBT advocate Angelica Frolov said, in response to the survey, "Already in 2022 we have some changes at the level of legislation. Finally, the law providing for punishments for hate crimes and hate speech was passed. It is a step forward because the LGBT community will also be protected and is expressly mentioned in the law among the protected criteria. There are a lot of positive developments in the country. Obviously they are because the homophobic party, the Party of Socialists, has left, which was doing everything it could to prevent equal rights for some groups. There came a pro-European party that believes that the people should not be divided, that all people, equally, must enjoy their rights", referencing the 2020 election in which Maia Sandu of the Party of Action and Solidarity defeated Igor Dodon of the Party of Socialists, known for its social conservatism.

See also

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Notes

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  1. ^ Russian: гражданское партнёрство,[1] graždánskoje partnjórstvo, pronounced [ɡrɐʐˈdanskəjə pɐrt⁽ʲ⁾ˈnʲɵrstvə]; Gagauz: vatandaş ortaklık, pronounced [wɑtɑnˈdɑʃ oɾtɑkˈlɯk]

References

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  1. ^ "Румынская православная церковь выступила против продвижения идеи гражданского брака". esp.md (in Russian). 28 May 2023.
  2. ^ "ECtHR: refusal of any form of legal recognition and protection for same-sex couples breaches Convention". EU Law Live. 17 January 2023.
  3. ^ "Oliari and Others v. Italy - 18766/11 and 36030/11". European Court of Human Rights. July 2015.
  4. ^ Ragone, Sabrina (6 March 2019). "An Emerging Right to a "Gay" Family Life? The Case Oliari v. Italy in a Comparative Perspective". Cambridge University Press. 17 (3): 451–485. doi:10.1017/S2071832200019830. S2CID 157819478. The Oliari case is important for being the first judgment in which the ECtHR established the granting of legal "recognition and protection" to same-sex couples as a positive obligation for the Member States of the Council of Europe on the basis of Article 8 of the European Convention on Human Rights.
  5. ^ "Alarm from Orthodox Moldova about future of marriage". Christian Network Europe. 1 February 2023.
  6. ^ "Moldova (Republic of) 1994 (rev. 2016)". Constitute Project. Retrieved 29 October 2022.
  7. ^ "Family Code of the Republic of Moldova". cis.legislation.com. Retrieved 29 October 2022.
  8. ^ Turcanu-Spatari, Vera. "Study on Homophobia, Transphobia and Discrimination on Grounds of Sexual Orientation and Gender Identity" (PDF). The Danish Institute for Human Rights. Retrieved 29 October 2022.
  9. ^ "FAKE NEWS: The EU makes Moldova's accession conditional on the legalization of same-sex marriages". Veridica. 29 December 2022.
  10. ^ "В Молдове 4 ЛГБТ-пары хотят узаконить свои отношения". Point (in Russian). 5 March 2023.
  11. ^ Necșuțu, Mădălin (27 April 2023). "Moldovan LGBT Couple Sues State for Recognition". Balkan Insight.
  12. ^ Martirosyan, Lucy (20 June 2023). "LGBTIQ activists celebrate Moldova's most peaceful Pride march yet". openDemocracy.
  13. ^ "Angelica Frolov și Leo Zbancă merg în instanță, după refuzul ASP de a le oficializa parteneriatul". Bang Bang! (in Romanian). 25 April 2023.
  14. ^ Martirosyan, Lucy (20 June 2023). "LGBTIQ activists celebrate Moldova's most peaceful Pride march yet". OpenDemocracy.
  15. ^ "Fenomenul discriminării în Republica Moldova: percepţia cetăţeanului" (PDF). Institute for Public Policy (in Romanian). Chișinău. 2014. Retrieved 29 October 2022.
  16. ^ "Social views and morality". Pew Research Center. 10 May 2017.
  17. ^ "Sondaj: chișinăuienii au devenit mai toleranți față de comunitatea LGBT". Radio Free Europe (in Romanian). 18 May 2022.
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