What laws defend your rights?
Many national and international laws state the importance of every person, regardless of age, social status, origin and other differences. You have the right to a dignified life, without violence!
The Universal Declaration of Human Rights (1948) provides for the right of everyone to a life without violence. All human beings are born free and equal in dignity and rights.
The Constitution of the Republic of Moldova provides that all citizens of the Republic of Moldova are equal before the law and the state bodies. The State guarantees every individual the right to life and physical and mental integrity. The Constitution also provides that the state has the obligation to respect and protect the personal and family life of every person.
The Family Code provides for equality of spouses in family relations. All family life issues are solved by the spouses jointly. Each spouse has the right to choose their own profession. The relationships between spouses are based on mutual respect and help, on joint obligations of supporting the family and taking care of and educating children.
There is also a special law – the Law on Preventing and Combating Domestic Violence. This law aims at protecting the victims of domestic violence and explains how should act the persons in charge of helping these victims. A very efficient method that can be used by those who are aggressed within the family is the protection order, which removes the perpetrator from the common house for a period of up to 3 months by a court order (see more in the ‘Protection order’ Section)
Moreover, in our country, domestic violence is a crime provided in Article 201 of the Criminal Code, and the perpetrators can be sanctioned with criminal punishment (prison).
There are other laws, which can help you obtain a divorce, establish and order the child maintenance to be paid by the child’s father, even if he no longer lives with you.
Although you are not alone against violence, no one can help you if you choose to stay silent.
You are the only one who can do something in order to help you to get a real help on the basis of these laws.
What are your legal rights?
You have the right to get protection from the perpetrator’s actions through the protective order issued by the judge, you have the right to file a complaint with the police to start a criminal case, which may sanction the perpetrator with prison, the term being established depending on the seriousness of the acts of violence, you also have the right to request the compensation of damages caused to your physical and psychological health and of material damages caused by the perpetrator. The right of the victim to the defence of legitimate rights and interests is guaranteed. The victim has the right to support for physical, psychological and social recovery through special medical, psychological, legal and social actions. The provision of protection and assistance services is not conditioned by the victim’s wish to make statements and participate in the legal prosecution of the perpetrator. The right to private life and the confidentiality of information about the victim are guaranteed. First, you can obtain protection based on the Law on Preventing and Combating Domestic Violence.
According to this law, the victim is a person, adult or child, subjected to acts of domestic violence, in cohabitation. Subjects of domestic violence can be:
- in the cohabitation state: married persons, divorced spouses, persons under guardianship and trusteeship, their relatives and in-laws, relatives’ spouses, other dependants;
- in separate living state married persons, their children, including the adoptive ones, children born out of wedlock, persons under guardianship and trusteeship, and other dependants.
Thus, as you can notice, you can ask for help not only when the abuser is your legitimate husband, but also in many other situations when a close person becomes the abuser.
It is important to note that in accordance with this law, the victim is entitled to primary and qualified free legal aid under the legislation on state guaranteed legal aid.