Submitted by Denitsa on
This report is part of CRIN's access to justice for children project, looking at the status of the Convention on the Rights of the Child (CRC) in national law, the status of children involved in legal proceedings, the legal means to challenge violations of children’s rights and the practical considerations involved in challenging violations.
The CRC is considered part of Moldova’s national law so it can be directly relied on in court and, due to its status of a ratified international treaty, its provisions will be given precedence over any conflicting national laws. Moldovan law does not permit children to initiate court proceedings themselves, rather they must act through a legal representative. Children, who are capable of understanding and accurately expressing the facts of the case, may testify in court and special measures are in place to protect the child witness. Legal aid is available in both criminal and civil case and is mandatory in cases involving under-aged suspects, accused or defendants. Of grave concern is the slow operation of the justice system (including delays of court proceedings and a backlog of cases) as well as the widespread failure to enforce judicial decisions.
