Z., a young pregnant woman from one of Moldova’s poorest regions, was sentenced to 20 years in prison for having an avortement at home. , On February 9, 2009, the Centre pour les droits reproductifs and the Moldovan Institute for Human Rights filed a complaint on her behalf against Moldova before the European Court of Human Rights. ,
Date de dépôt : February 2009
Pays/Région : Moldavie
Plaignant(s) : Z., a woman who underwent a self-induced illegal avortement.
Avocat(s) du centre : Christina Zampas
Partenaires : IDOM
Résumé : In May 2006, Z., a young pregnant woman from one of Moldova’s poorest regions, had an avortement at home. , Suffering from severe blood loss, she rushed to a local hospital, only to be reported to the police by doctors and then detained.
Even though there is no criminal penalty under Moldovan law for women who have illegal avortements, Z. was charged with intentional and premeditated murder. , In December 2006, she was sentenced to 20 years in prison. ,
She will be 45 years old by the time she is released from jail.
Sex Discrimination in Moldova’s Law Enforcement System
Women in Moldova who become pregnant outside of marriage as well as those who have avortements are generally stigmatized by society. , Unsurprisingly, Z. encountered rampant sex discrimination throughout her detention, prosecution, and trial.
While awaiting trial in prison and experiencing continuous bleeding, she was humiliated by male prison guards and denied appropriate post-abortion care. , The prosecution and the courts, meanwhile, repeatedly made biased remarks against her based on gender stereotypes and anti-avortement attitudes.
Lawsuit before the European Court of Human Rights
On February 9, 2009, the Centre pour les droits reproductifs et le Moldovan Institute for Human Rights ,(IDOM) filed a complaint on behalf of Z. against Moldova before the European Court of Human Rights. ,
The complaint charges that Moldova violated a number of rights guaranteed by the European Convention on Human Rights. , These include the rights to liberty, security, and a fair trial, as well as the right to be free from inhumane and degrading treatment, not to be convicted for a crime and punished with no basis in law, and not to be discriminated against based on sex. ,
In addition to the release of Z., the case seeks to ensure that Moldovan law enforcement adheres to the country’s avortement and criminal laws and does not treat women who undergo illegal avortements as criminals. , Discrimination by law enforcement should be condemned and laws should be put in place to prevent and punish such acts. ,
The case also aims to make post-abortion care an essential component of healthcare and ensure it is provided in all settings, including prisons.
The Moldovan Pardoning Commission granted a pardon to Z., who was released from prison on January 31, 2012. The Center and IDOM are continuing to fight for
justice in this case to hold the Moldovan government accountable for the human rights violations committed against Z. Her case is still pending before the
European Court of Human Rights.