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CNAA / Theses / 2009 / July /

The theory and practice of elimination of all forms of discrimination within the contemporary constitutionalism in the Republic of Moldova

Author: Cârnaţ Teodor
Degree:doctor habilitat of law
Speciality: 12.00.02 - Public Law (with specification: Constitutional, Administrative, Police, Military, Financial, Customs, Information, Ecological); Organization and Functioning of Law Institutions
Scientific consultant: Ion Guceac
doctor habilitat, professor, Moldova State University
Scientific council:


The thesis was presented on the 7 July, 2009
Approved by NCAA on the 1 October, 2009


Adobe PDF document0.41 Mb / in romanian


CZU .342.72/.73(478)(043.2)

Adobe PDF document 1.33 Mb / in romanian
236 pages


Discrimination, human rights, constitutionalism, equality, dignity, racism, xenophobia, anti-Semitism, intolerance, Ombudsman, principle of non-discrimination, equality in rights, democracy, direct discrimination, indirect discrimination, stereotype, prejudice, gender, race, nationality, ethnic origin, citizenship, social origin, religion, beliefs, education, language, opinions, political views, health estate, age, sexual orientation, civil status, material status, other criteria, individual signs.


There are no researches in the Republic of Moldova which would tackle the theory and practice of elimination of all forms of discrimination within the contemporary constitutionalism. The present thesis is the first scientific paper written in the Republic of Moldova which is dedicated to the research of the discrimination phenomenon and to the findings of ways to prevent and eliminate the forms of discrimination.

Present paper characterizes features and tendencies of contemporary constitutionalism in the Republic of Moldova in connection with the guarantee of human rights and the elimination of discrimination. The author had distinguished the obstacles of constitutionalism development as following: backwardness of edification of the rule of law, violation of the separation of powers principle, the principle of equality, violation of human rights, lack of a viable mechanism of prevention and fighting against discrimination.

While the forms of manifestation of discrimination are theoretic-scientifically defined and argued, the actions and measures which do not represent discrimination are also identified. Tackling different forms of discrimination, the author conceptualizes the criteria of protection against discrimination in social, economic, political and other spheres of life.

The paper gives an important attention to the international instruments and mechanisms specialized in preventing and fighting against discrimination. Meanwhile the author advances a lege ferenda proposal – an introduction of a new institution of Ombudsman against Discrimination, arguing its necessity to be created and included, next to the National Ombudsman, in the Constitution of the Republic of Moldova.

Within the theoretical and practical usage the thesis introduces new notions, the concepts which form constitutionalism and non-discrimination, being an information source of the public on the legal mechanisms of protection of human rights, of prevention and sanction of discrimination.

The research ends with conclusions and recommendations on modification and completion of certain articles of the Constitution of the Republic of Moldova and other normative documents. The conclusions and recommendations on elimination forms of discrimination within the contemporary constitutionalism of the Republic of Moldova could be used to a great extend by theorists who would continue the researches in this field, same as by practitioners during solving problems connected to discrimination.