A recent interview with Elena Stajila, Project Manager and Senior Legal Expert for Millennium Partners’ Addressing Hate-Based Crimes in Moldova Project (AHC), sheds light on the prevalent violations of disability rights and the evolution of legal action against hate crimes in Moldova.
Elena, during the past eight years, you have served as the Program Director for “Defending the Rights of Persons with Disabilities” at the Centre for the Rights of Persons with Disabilities in Moldova. What have you observed to be the most commonly infringed rights of individuals with disabilities?
The most frequently violated rights of people with disabilities are the right to accessibility, education, work, social protection, and an adequate standard of health.
Lack of accessibility often triggers violations of other rights of people with disabilities. In many cases, physical infrastructure, technology, and information are not accessible to people with disabilities, leading to a considerable limitation of their participation in the most important aspects of life, such as education, employment, and decision-making.
People with disabilities are often subject to indirect discrimination when their specific needs are not taken into account by decision-makers. For example, the following situations can be considered as acts of indirect discrimination: inclusive design is not considered in the design and construction of buildings and public spaces; annual education plans do not include subjects in sign language or Braille; school textbooks do not address the needs of students with different types of disabilities; social protection legislation does not cater to the specific needs of disabled people.
Due to persistent stereotypes and negative prejudices in Moldovan society, people with disabilities are often victims of direct discrimination, being treated differently and unfavorably because of their disability. For instance, they may encounter denial of access to education, employment, and publicly available services. Additionally, they can be subjected to harassment and discrimination in schools and workplaces, potentially facing discriminatory messages in the media or during electoral speeches.
How has legal action against hate crimes evolved in Moldova since you began working in this field?
I began working in the field of human rights in 2013 when the Equality Council was established. I would like to emphasize the significant contribution of the Equality Council to combating hate crimes. The Council has taken a proactive stance towards the hate crime phenomena, initiating investigations into several cases of public messages inciting discrimination, especially in electoral contexts. It has issued numerous findings on discrimination and has actively engaged in raising awareness among society and public authorities about the heightened danger of hate speech. Additionally, the Council has issued several advisory opinions for law enforcement agencies, providing expertise on identifying elements of incitement to discrimination and hate speech.
In 2022, two important laws were adopted (Law No. 73 and Law No. 111), which complemented criminal and administrative legislation, contributing to a more effective identification and sanctioning of hate crimes and offenses. Today, the legislation of the Republic of Moldova in the field of protection against hate crimes is much more advanced than that of many other European countries (such as Romania, Bulgaria, Croatia, Denmark, and Estonia). However, the adoption of legislation alone is not sufficient for effectively combating hate crimes. It is necessary to strengthen efforts to empower civil society and authorities to respond effectively to this phenomenon.
From your perspective, what are the primary obstacles to effectively addressing hate crimes in Moldova?
There are several major challenges in effectively combating hate-based crimes in Moldova. One of these is the lack of awareness and public education regarding the negative impacts of hate crimes on individuals and communities. Awareness is essential to promote tolerance and mutual respect in society.
Another significant challenge is ensuring the enforcement of law and justice. Law enforcement and judiciary institutions need to thoroughly investigate hate crimes and offenses and ensure that those responsible are held accountable under the law. Since legislative changes have been implemented relatively recently, it is crucial for public authorities, legal professionals, and civil society to develop the capacity to identify, document, and effectively sanction hate crimes.
Another challenge is the limited accessibility to free protection services for the victims of hate-based crimes. It is imperative to ensure free access for victims to legal and psychological assistance services and to guarantee their availability through state support.
Additionally, hate speech and online extremism pose challenges in the fight against hate crimes. Effective measures are needed to monitor and combat this phenomenon and to promote a safe and inclusive online environment.
Addressing these challenges requires commitment and coordinated action from authorities, civil society, and the community as a whole to promote the values of tolerance, diversity, and mutual respect in Moldova.
Could you elaborate on your role in the AHC project and how it offers opportunities to enhance the effectiveness of combating hate crimes?
The Addressing Hate-Based Crimes in Moldova” project is a highly ambitious initiative. Millennium Partners has a strong team in command of the project, and I enthusiastically embrace the role of manager within it.
First and foremost, the project conducted a mapping assessment of gaps and needs in addressing hate crimes and offenses. This assessment has highlighted the main challenges existing in various regions of the country and proposed solutions for effectively addressing them.
Within the project, we will strive to tackle the most significant challenges in the fight against hate-based crimes and offenses and empower civil society and authorities in select regions of the country to respond effectively to hate crimes and offenses. We will also ensure that each victim receives qualified legal and psychological assistance free of charge to defend themselves against this problem.
The project will focus on empowering civil society and legal professionals to effectively address hate-based crimes, including the application of a trauma-informed approach and adherence to “do no harm” principles when dealing with victims of hate-based crimes.
Our team will advocate for policy recommendations to be presented to the authorities, which will stem from the provision of qualified legal assistance to victims of hate-based crimes. Finally, the project will examine the mechanism for collecting statistical data on hate crimes and offenses, proposing improvements as needed.
The project aims to apply a holistic approach to the situation of hate-based crimes. I am confident that this project will have a positive impact on combating the phenomenon of hate crimes and offenses in Moldova.