Intervention of the ICJ and ILGA before the European Court of Human Rights in Genderdoc-M v Republic of Moldova, 2012

Written submission of the International Commission of Jurists and ILGA Europe before the European Court of the Human Rights in 2012 in support of the claimant Genderdoc-M

The International Commission of Jurists (ICJ) and ILGA Europe intervened on behalf of the claimant in Genderdoc-M v Republic of Moldova, a case concerning permission to stage a demonstration in support of laws protecting sexual minorities. The ICJ and ILGA gave an authoritative opinion on the validity of limitation provisions in limiting the rights of LGBT persons, stating that ‘the protection of morals, commonly referred to as public morality, is not and can never be an objective and reasonable justification under Article 14 [ECHR, the right to equality]…Public morality cannot serve to justify a distinction in treatment under the prohibition on discrimination.’