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Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the first Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the final report and the list of accepted and rejected recommendations. Moldova - 12th Session - 2011 Scroll to: National Report 9. The Republic of Moldova has also ratified the main conventions of the International Labour Organization, including those in the fields of forced labour and child labour, as well as international treaties on humanitarian law. 13. At the national level several bodies and institutions were established to protect human rights, including: The National Council for Child Rights Protection (NCCRP) – governmental body designed to provide guidance and monitoring of central and local government authorities and civil society to ensure the respect of child rights in the Republic of Moldova; 47. The negative consequences of mass migration include brain and skilled labour drain, which affects public and private sectors, causing the abandonment of children and destroying families. In some cases, failed experiences of migration have resulted in serious cases of exploitation which are usually dealt with as cases of trafficking in human beings. 53. According to the current legislation, state and family are committed to granting the growth, support, education and protection of a child. The National Council for Child Protection (NCCP) is the institution responsible for granting the development and implementation of policies for the protection of the rights of children and families, as well as granting cross-sector coordination at both national and local levels. The establishment of the Ombudsman for the Rights of the Child were also an important step in the promotion, protection and monitoring of the rights of the underage. 54. Cases of children's rights violation are largely addressed through the guardianship authorities operating in each district/city. By law, children from the age of 14 can apply directly to those institutions in case they think they had certain rights violated. Children may also address complaints directly to courts. 55. Progress in recent years provides an opportunity to continue the implementation of comprehensive reforms of the systems of care/social protection of the child, which provide, inter alia, the existence of the cross-sector services with community participation, formalizing the working relationship with NGOs etc. 56. The Law on the legal status of adoption (2010) provides comprehensive requirements for domestic and international adoptions, which can be clearly monitored by both the authorities and responsible institutions, and by the adopters. 57. Social policies for child protection are regulated by the National Strategy on Child and Family Protection (2003) and the National Strategy and Action Plan on the Reform of the residential child care system for the years 2007-2012. They make of applying forms of family and community protection of children in difficult situations a priority. Placing the underage in residential institutions is the last option, mainly because of the negative repercussions that affect their psycho-social development and the integration into society in the post-institutional phase. 58. The exodus of the adults, although at first glance beneficial for the population, affects the children staying home alone. In this context, the Government implemented the National Action Plan on Protection of Children without Parental Care (2010–2011). 59. The right of a child to education is realised compulsory and free of charge by respecting the principle of non-discrimination and major interest of the child, and resides in free and harmonious development and shaping of a creative personality. The Law on Education provides the necessity of continuous education and the psycho-physiological peculiarities of the age, classifying the education system on levels and stages, as well as forms (particular, complementary). 60. In accordance with the Consolidation Education Strategy for the years 2011–2015 and the Consolidated Action Plan for the Education Sector for the years 2011–2015, the overall objective of the education is to provide access to basic, quality education to all children by 2015. 61. Currently, the "Civic education" Course is implemented as a compulsory subject, aimed at training Moldovan citizens in the complex construction of the contemporary world: acquisition of the knowledge about fundamental human rights and duties and shaping the skills to implement them in everyday life; education based on general human and democratic values; building the sense of responsibility for social actions; cultivating the civic sense. 62. In the context of extracurricular programs and children involvement in the decision-making process, the Local Councils of Children, the Group of Children's Rights, the creation of peer trainers in HIV/AIDS prevention and healthy life promotion etc. represent positive models of participation. 63. Within the reform of the juvenile justice system all child categories, such as underage victims and child witnesses of crime are addressed. Primary and secondary mechanisms to prevent initial and repeated offences committed by the underage are also developed. Applicable alternatives to detention are mediation, probation and community service. These are considered as options only in cases of lighter and less serious crimes, when detention can be avoided. 89. The national legislation grants the right to choose the language of education and training at all levels of education. The right of citizens to education in their mother tongue is ensured by creating the necessary number of educational institutions, classes, and conditions for their operating. The network of pre-university institutions in the country includes 1489 institutions (schools, gymnasiums, high schools) of which 280 Russian-language and 82 mixed institutions. 90. There are 3 models to study minority languages in the school education system: (a) Russian-language schools and high-schools; (b) Russian-language schools in which Ukrainian, Gagauz, Bulgarian, Polish, Hebrew and German languages are taught; (c) Experimental educational institutions, in which minority languages are used: Ukrainian - two schools, Bulgarian – one school. 94. Addressing the problems facing Roma in the education system has been approached by granting access to higher education. In the period of 2004–2009, by special provisions in the Regulations of organization and development of admission, Roma children were included in the category of candidates who enjoy facilities. In accordance with the Regulation of organization and development of admission to higher education, they were included in the 15 percent rate of the total number of seats in each specialty/field of professional training and type education, as provided in the enrolment plan with budget financing for a number of categories, including Roma children. Registration for this rate is made at the request of applicants. 100. Although this is a matter to which special attention is paid, the social inclusion of children with disabilities is a difficult one because of the limited physical access to kindergartens, schools, institutions of higher education and other public institutions, which hampers the right of these persons to training and participation in the socio-cultural life of the society, which then has a negative impact on their employment opportunities and social life. National priorities and initiatives: To continue the ratification procedures of the Council of Europe Convention on protecting children against sexual exploitation and sexual abuse; v 1. The Committee on the Rights of the Child (CRC), the Committee on the Elimination of Racial Discrimination (CERD), the Committee on the Elimination of Discrimination against Women (CEDAW), the Committee against Torture (CAT) and the Special Rapporteur on violence against women, its causes and consequences, invited the Republic of Moldova to ratify ICRMW. CRC and CAT encouraged the Government to ratify CED. 10. While welcoming the appointment of the ombudsman of children (the Child's Advocate), CRC recommended that the Republic of Moldova ensure that the Advocate had adequate resources to exercise his or her mandate effectively. 14. The Republic of Moldova adopted the Plan of Action (2005–2009) for the World Programme for Human Rights Education focusing on the national school system. A national implementation strategy for human rights education was in the process of adoption. 15. In March 2011, the Republic of Moldova invited the Special Rapporteur on trafficking in persons, especially in women and children, to visit the country. 27. CRC was concerned that the principle of non-discrimination was not fully respected in practice and that children from socially disadvantaged families, children with disabilities, children with HIV/AIDS or children belonging to a different ethnic group or holding different religious views might face discrimination. 40. CESCR, CAT, CEDAW and the Special Rapporteur on violence against women reported on the widespread domestic violence against women and children. The Special Rapporteur mentioned that the incidence of violence against women and girls remained largely underreported because of a fear of social stigma and lack of confidence in the system. CAT and the HR Committee were concerned at reports that domestic violence was deemed to warrant the intervention of the police only in cases resulting in serious injury. CESCR was also concerned about the insufficiency of police protection for victims. CESCR, CAT and the HR Committee were concerned about the limited number and capacity of shelters for victims of domestic violence. 43. The Special Rapporteur on violence against women, CAT, UNCT and the HR Committee remained concerned that the Republic of Moldova continued to be a country of origin and transit for human trafficking. CRC was concerned about the prevalence of trafficking of children. While noting an increase in the number of prosecutions and convictions in the past years, the Special Rapporteur noted some obstacles in prosecutions of trafficking cases, including lack of training of law enforcement officers on victim identification and violations of procedures regarding witness protection and confidentially during in-court proceedings. 45. UNCT stated that the Republic of Moldova was affected by the worst forms of child labour, including sexual and labour exploitation. It reported that the majority of working children were engaged in agriculture, most carrying out unpaid work for their households. A 2010 United Nations Children's Fund (UNICEF) report mentioned that extreme poverty among Roma forced many children to start working at the age of 9 or 10 years old. 46. CRC remained concerned about the widespread abuse and neglect of children. CRC was also concerned at reports that corporal punishment was a common phenomenon at home and was used to discipline children at school. It recommended that the Government enforce the legislative prohibition of corporal punishment in all settings. 47. CRC recommended that the Government ensure that children living or working in the streets have equal access to social services and that it develop effective strategies to address the root causes of the problem. 52. UNCT noted the decreased number of children in detention and the improvements of physical conditions in some facilities where children were detained. However, it stated that legislation regarding children under the minimum age of criminal responsibility remained poorly defined and that community- or school-based programmes aimed at the prevention of juvenile delinquency were weak or non-existent. 53. In 2009, CRC reiterated its recommendation that the Government establish a separate system of juvenile justice in line with the Convention and consider deprivation of liberty only as a measure of last resort and introduce alternatives to it. 60. UNCT stated that while the number of children in residential institutions had decreased, the rate of child institutionalization remained high. CRC expressed concern at the large number of children placed in institutions, many of whom were not orphans, and that children in those institutions were not provided with proper care and basic services. 61. UNCT reported that children with disabilities continued to account for over half of the population of institutionalized children, and that services to reintegrate those children into families, schools and communities were lacking. UNCT noted insufficient progress in the efforts to reintegrate children with disabilities into family environments. CESCR recommended that the Government ensure the full implementation of the reform of the residential care system for children, focusing especially on the re-integration of children with disabilities. 71. CESCR and CRC were concerned at the high level of poverty. UNCT stated that the poverty rate in rural areas continued to grow in 2009, widening the gap between rural and urban areas. The most vulnerable social groups affected by absolute poverty were the elderly, families with many children, Roma, and persons experiencing long-term unemployment. A 2007 United Nations Development Programme (UNDP) report affirmed that one third of the Roma population belonged to the poorest 20 per cent of the general population. In 2006, CEDAW was concerned about the increased feminization of poverty. 75. In 2006, CEDAW expressed concern about the high abortion rates. In 2009, the HR Committee recommended that the Government eliminate the use of abortion as a method of contraception by ensuring the provision of affordable contraception and introducing reproductive and sexual health education in schools and for the broader public. 76. CRC recommended that the Government urgently implement a comprehensive strategy for the prevention and treatment of sexually transmitted infections, particularly HIV/AIDS. 79. CESCR was concerned that enrolment rates in primary and secondary education were decreasing. It was also concerned about the quality of education, and that efforts were lacking to alleviate the negative impact of indirect and informal costs for the access to education, especially in rural areas. CRC recommended that the Government address the root causes of the decrease in enrolment rates in schools and ensure access to education for all children, irrespective of their economic situation. 80. CESCR was concerned that children with disabilities often did not attend mainstream schools. UNCT made similar observations. 81. A 2010 UNICEF report mentioned that less than 70 per cent of Roma children were covered by the primary education system, and less than 50 per cent attended secondary school. CRC and a 2007 UNDP report made similar observations. CESCR was concerned about the limited availability and accessibility of schooling for Roma children living in remote rural settlements. It recommended that the Government ensure the availability and accessibility of schooling for Roma children, including through the provision of financial and material support targeted at Roma parents. 85. UNCT noted that there were reportedly no Roma in any positions of elected representation in any public body. CRC expressed concern at the limited possibilities for instruction in the Roma language. CESCR recommended the development of the school curriculum in the Roma language. 86. The Special Rapporteur on violence against women noted the increasing number of the population of the Republic of Moldova migrating to find work as temporary or permanent migrants. CESCR was concerned about the absence of measures taken to mitigate the effects of migration of parents on children staying behind and to ensure social and psychological assistance for such families. CRC expressed similar concerns. 87. UNCT expressed concern at issues regarding the treatment of migrants, including the arbitrary detention of migrant children and excessive periods of detention of migrants. Furthermore, CESCR was concerned that children accompanying their parents and placed in the Migrants Accommodation Centre in Chisinau did not have access to education. 94. UNCT stated, inter alia, that, in the Transnistrian region, a number of cases of torture and arbitrary detention had been reported; civil society and non-Orthodox church groups continued to operate under severe constraints; human rights NGOs for the most part operated from Chisinau; and the proportion of children in the justice system was high. 100. CRC recommended that the Republic of Moldova seek technical assistance from various United Nations bodies as well as NGO partners for the implementation of the recommendations contained in the United Nations Study on violence against children. CRC recommended that the Government establish, if necessary, cooperation with the ILO International Programme on the Elimination of Child Labour and UNICEF regarding combating child labour. Summary of stakeholders' information 6. The Center for Human Rights of the Republic of Moldova (CHRM) explained that the Parliament appointed four Ombudspersons, who were entitled with equal rights and one of them was specialized in the protection of the child's rights. CoE-ECRI recommended that the Republic of Moldova guarantee that the Ombudspersons' decisions are implemented, and provide the institutional with all the means and resources it needs to carry out its various tasks. 10. JS1 reported that the issues raised by the Committee on the Rights of the Child were not implemented in the domestic legislation since 2009. 13. JS2 reported that the Roma faced widespread and systematic discrimination when accessing employment, education, health care and social services. Similarly, CoE-CM mentioned that many of the Roma continued to live in isolated settlements in substandard housing and extreme poverty conditions, and had low rates of participation in the education system, and they often faced discrimination and sometimes hostile societal attitudes. 18. The Center for Legal Assistance for Persons with Disabilities (CLAPD) indicated that persons with disabilities were excluded from social life. The Association for the Support of Children with Convulsive Syndrome (ASCCS) reported on the stigmatization of children with convulsive syndrome, epilepsy and their segregation and exclusion from social life. 26. ASCCS stated that autistic children were placed in psychiatric wards for the most serious mentally ill children where they were tortured by tying them to the bed or were beaten with hard objects. 30. IOM reported that vulnerable women and girls remained at risk of trafficking for sexual exploitation, while an increasing number of men were exposed to trafficking for labor exploitation purposes. IOM noted the poor capacity of law enforcement agencies in identifying the victims and in investigating cases. Furthermore, JS3 pointed out the failure to prosecute, convict or punish high ranking public figures who were complicit in human trafficking. 31. IOM noted that children were trafficked for forced labour and begging in neighbouring countries. Similarly, JS1 highlighted that the percentage of children victims of trafficking was continuously growing. It recommended that the Government develop and support community services for children victims of abuse, neglect and trafficking. 32. JS1 reported on the problem of child labour and indicated that the overwhelming majority of working children were unpaid family workers performing agricultural work within household-based establishments. JS1 recommended that the Government take immediate actions for the elimination of child labour. 33. Furthermore, CNR noted that the deep impoverishment of Roma families forced many children to start working at the age of 9–10 years old and that exploitation of Roma children for earning profits and for begging had long been an issue. CNR expressed its concern about the fact that authorities did not undertake any measure to stop this phenomenon and to sanction the exploitation of children involved in begging. 34. JS1 stated that the violence against children occurred in many forms and referred to reported cases of physical and psychological abuses within families and at school, including sexual abuse. It recommended that the Government secure educated staff in all sectors dealing with children and ensure the rehabilitation measures and immediate psychological support and treatment for abused children. 38. CHRM stated that there was no separate system of juvenile justice. JS1 reported about excessive pre-trial detention of juveniles, inhuman conditions in the pre-trial detention facilities. Furthermore, JS3 noted the lack of facilities in police stations to detain juveniles separately from adults. JS3 recommended that the Government establish separate panel or specialisation of judges for juveniles, create conditions for keeping arrested juveniles separate from adults; reduce the usage of pre-trial arrest for children and prohibit the use of isolation cells as a disciplinary measure for juveniles. 45. IDOM and JS2 added that there was a medical contraindication for persons with HIV/AIDS to adopt children and that children with HIV/AIDS were impeded to be adopted. 46. JS1 noted that in recent years, poverty, unemployment and low salaries on existing job places forced people to abandon their children and leave to different countries to work mainly illegally. It explained that these children were placed in the institutional care and they had no chance to receive adequate education and had low adaptability after leaving residential institutions, thus being highly exposed to the risk of human trafficking. 48. CoE-ACFC referred to reported cases of non-registration of Roma children at birth resulting in the lack of identity documents. 63. CLAPD stated that pensions and social protection were insufficient for persons with disabilities. JS1 noted that social services did not reach to all children with disabilities and their families in need. 65. While expressing concern at the situation regarding treatment of and attitude towards children with convulsive syndrome, ASCCS recommended that the Government, inter alia, exclude epilepsy from the classification of mental diseases and severe medication treatment for children with autism. 70. JS1 stated that although the primary and secondary education were free of charge, the practice of informal payments was widespread in the education system. As a result, the children from poor families were prone to drop-out and to be subjected to discrimination. 71. JS1 reported that the enrolment rate had constantly decreased during the last years mostly in the rural areas. Furthermore, JS1 stated that the rural schools were ill-equipped and understaffed to meet the existing educational standards. 72. While noting the initiatives taken to improve the enrolment of Roma children at schools and their integration in the education system, CoE-ACFC was concerned that the main difficulties faced by the Roma in the education system persisted: lower enrolment in education, higher drop-out rates, much lower educational attainment and higher illiteracy rates among Roma compared to the majority population. 73. Furthermore, CNR claimed that unequal teatement by teachers who tended to give less attention to Roma children in the classrom and the discriminatory attitude towards Roma students discouraged them from attending school and became one of the reasons for school drop-outs among the Roma. It added that the problem of early marriages among the Roma communities was another reason that negatively affected education of children, which usually led to school drop-out, especially of Roma girls. 74. According to CNR, Roma faced difficulties in accessing higher education, because they were the last ones on the list of quota for disadvantaged groups. JS3 made similar observations. CNR recommended that the Government support the inclusion in the school system of all children of Roma origin and reduce drop-out rates, especially among Roma girls, in cooperation with Roma parents, associations and local communities. 75. JS1 reported that children with disabilities were generally studied in segregated educational settings, which offered reduced opportunities for the rehabilitation of these children. The access of these children to mainstream education was limited by the lack of comprehensive policies on inclusive education and the practical mechanisms for their integration in mainstream educational institutions. JS1 and JS3 recommended that the Government adopt the concept of Inclusive Education. 82. HRIC/CIDO reported that children, whose native language was other than Russian or State language, were forced to learn in a foreign language, which had an effect both on the quality of education and on the preservation of their ethno-cultural and linguistic identity. CoE-CM stated that further developments of the system of teaching of and in minoritiy langagues were hampered by a general lack of means, notably textbooks and adequate teacher training. 84. HelpAge mentioned the high rate of migration that started in late 1990s and rapidly accelerated to unprecendented levels. IOM indicated that many migrants found themselves in precarious situations in countries of destination and at risk of being exposed to human rights violations and explained that the Republic of Moldova was seeking to improve its outreach and assistance capacity towards Moldovans abroad. In this respect, JS1 recommended that the Government seek agreements with relevant host countries to facilitate the reunification of children with their migrant parents and create social reintegration programs for parents returning from abroad. 85. IOM noted the detention of children in the Migrants' Accommodation Center (MAC) and stated that special norms should be established to refrain the detention of minors. Accepted and Rejected Recommendations The following recommendations were accepted: A - 73.8. Adopt a specific policy to address the root causes of domestic violence, particularly violence against women and children, and conduct awareness campaigns, particularly in the rural areas (Canada); A - 73.11. Strengthen its efforts in the prevention, punishment and eradication of all forms of violence against women and the adoption of comprehensive policies for the promotion and protection of the rights of the child, especially those relating to the prohibition of forced labour (Argentina); A - 73.19. Eliminate discriminatory practices against persons with disabilities in the medical setting and ensure physical access of children with disabilities to educational and public institutions, as part of its implementation of the Strategy of social inclusion of persons with disabilities (Thailand); A - 73.20. Fully respect the rights of children, without any discrimination, and give necessary prerogatives to the ombudsman working in this area (Qatar); A - 73.21. Adopt more effective measures to ensure that all children in the Republic of Moldova enjoy all rights, without discrimination, in accordance with Article 2 of CRC (Uruguay); A - 73.22. Provide social services on health and access to education to children belonging to the most vulnerable groups (Uruguay); A - 73.23. Undertake efforts to prevent child labour, the segregation of children with disabilities in educational system and prevent the crimes committed against children, especially smuggling and sexual harassment (Poland); A - 73.39. Reinforce further its efforts in the area of prevention of trafficking in human beings, with particular focus on children (Slovakia); A - 73.40. Develop and implement efficient policies for child victims of abuse, neglect and trafficking, including ensuring redress and victims’ reintegration (Slovakia); A - 73.49. In accordance with the Convention on the Rights of the Child, create appropriate conditions for arrested juveniles and ensure that detention of juveniles is used only as a measure of last resort (Norway); A - 73.51. Fully implement the reform of the residential care system for children, focusing especially on re-integration of children with disabilities (Israel); A - 73.59. Consider ways and means to ensure the right to education of children with disabilities, also in collaboration with the relevant international organizations and agencies (Italy); A - 74.2. Formally prohibit corporal punishment in all settings (Slovenia). A - 75.21. Improve the levels of assistance provided to children , especially disabled children, children in vulnerable groups, orphans and street children, and ensure their full integration into society, and take all measures to put an end to child labour (Qatar); The following recommendations were rejected: No recommendations were rejected. The following recommendations were left pending: P - 76.5. Further ensure that the Child’s Advocate has sufficient resources to exercise his or her mandate effectively (Azerbaijan); P - 76.10. Consider implementing school meals programs, especially in rural areas most affected by poverty (Brazil);
12th October, 2.30pm to 5.30pm
UN Compilation
Stakeholder Compilation
Accepted and Rejected Recommendations