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Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp
Please note that the language may have been edited in places for the purpose of clarity.
- UN Human Rights Committee
- UN Committee on Economic, Social and Cultural Rights
- UN Committee on the Elimination of Racial Discrimination
- UN Committee on the Elimination of Discrimination against Women
- UN Committee against Torture
- UN Subcommittee on Prevention of Torture
- UN Committee on Migrant Workers
- UN Committee on the Rights of Persons with Disabilities
- UN Committee on Enforced Disappearance
CCPR/C/MDA/3
Concluding observations published: 18 November 2016
Positive Developments: The Committee welcomes the adoption by the State party of the following legislative measures: Law No. 140 on the Special Protection of Children at Risk and of Children Separated from their Parents, on 14 June 2013 (para 3).
Trafficking in persons: While welcoming the measures taken by the State party to combat trafficking in persons and the progress achieved, including in the field of rehabilitation of victims, the Committee nevertheless remains concerned that women and children continue to be trafficked for purposes of sexual exploitation and forced labour, including in the Transnistrian region. It is also concerned about the limited degree of accountability of persons who are reportedly involved in or are complicit in trafficking in persons, including public officials (para 19).
The State party should strengthen its efforts to investigate, prosecute and, if convicted, punish individuals involved in trafficking in persons, including, where relevant, public officials, with penalties commensurate with the gravity of the crime, and provide victims with access to effective remedies, including rehabilitation. It should also broaden the implementation of measures to assist the social integration of victims and to provide access to quality health care and counselling services throughout the State party (para 20).
Juvenile justice: While noting the multiple measures taken by the State party to establish a “child-friendly justice system”, the Committee remains concerned at reports that children convicted of crimes are sometimes held in adult detention facilities. The State party should intensify its efforts to develop a comprehensive and effective juvenile justice system that takes into account the age, specific needs and vulnerability of children who come into conflict with the law. It should also ensure that appropriate legal assistance is made available to minors, and that detention and incarceration is used only as a last resort and for the shortest periodic of time (paras 21, 22).
Children in residential institutions: While welcoming the measures adopted by the State party to reform the residential care system for children in vulnerable situations, the Committee remains concerned at reports of ongoing separation and institutionalization of children, and of insufficient number and inadequate quality of alternative services (para 41).
The State party should allocate sufficient human and financial resources to implement the reform of the residential care system of children, and step up its efforts to provide appropriate and high-quality social services to children in vulnerable situations as alternatives to residential institutions in a manner that takes into account their individual circumstances and needs. It should also provide adequate follow-up and reintegration support and services for children who leave institutional care (para 42).
CCPR/C/MDA/CO/2
Last reported: 13 / 14 October 2009
Concluding Observations issued: 29 October 2009
Issues raised and recommendations given:
HIV/AIDS: The Committee is concerned that persons infected with HIV/AIDS face discrimination and stigmatization in the State party, including in the fields of education, employment, housing and health care, and that foreigners are arbitrarily subjected to HIV/AIDS tests as part of the immigration rules framework. In particular, the Committee is concerned that patient confidentiality is not always respected by health-care professionals. It is also concerned that legislation prohibits the adoption of children with HIV/AIDS, thereby depriving them of a family environment. (arts. 2, 17 and 26). (Para. 12)
The State party should take measures to address the stigmatization of HIV/AIDS sufferers through, inter alia, awareness-raising campaigns on HIV/AIDS, and should amend its legislation and regulatory framework in order to remove the prohibition on the adoption of children with HIV/AIDS, as well as any other discriminatory laws or rules pertaining to HIV/AIDS.
Abortion: The Committee is concerned that, despite the National Strategy for Health (2005-2015), the use of abortion as a contraceptive measure is widespread. It notes, in this respect, that the law on compulsory medical insurance, which provides for the inclusion of contraceptives in the Basic Benefits Package, has not been implemented. Furthermore, the Committee is concerned that, although abortion is not prohibited by law, there have been instances where women have been prosecuted for murder or infanticide after having had an abortion and that no after-abortion healthcare is provided to them in prison. (arts. 3, 9 and 10). (Para. 17)
The State party should: (a) Take steps to eliminate the use of abortion as a method of contraception by, inter alia, ensuring the provision of affordable contraception and introducing reproductive and sexual health education in school curricula and for the broader public; (b) Consistently apply the law so that women who undergo abortions are not prosecuted for murder or infanticide; (c) Release any women currently serving sentences on such charges; and (d) Provide appropriate health care in prison facilities to women who have undergone abortions.
Trafficking: The Committee welcomes the adoption of the 2005 Law on Preventing and Combating Trafficking in Persons and the establishment of the Rehabilitation Centre for Victims of Trafficking in Human Beings. However, it remains concerned that the State party continues to be a country of origin and transit for trafficking in human beings, particularly women and children, despite the adoption of legislation and policy in this area. (arts. 3, 7, 8 and 26). (Para. 18)
The State party should strengthen the implementation of its trafficking laws and policies, including through more concerted efforts to prosecute offenders and to protect victims. The State party should also broaden the implementation of measures to assist the social reintegration of victims and to provide genuine access to health care and counselling in all areas of the country.
Juvenile justice: The Committee welcomes the measures taken by the State party to employ methods other than detention to address children in conflict with the law, such as probation and mediation, but remains concerned at the frequent use of detention. (arts. 9, 10, 14 and 24). (Para. 20)
The State party should: (a) Continue to broaden its approach to juvenile crime, by addressing underlying social factors and by resorting to imprisonment as a measure of last resort; (b) Ensure that all professionals involved in the juvenile justice system are trained in relevant international standards, including the United Nations Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime (Economic and Social Council resolution 2005/20); and (c) Implement policies aimed at reducing recidivism
Roma children: The Committee notes the State party’s information that the extreme poverty prevalent in the Roma community is due to a lack of education and skills. It notes with concern, however, that the Roma remain socially and economically marginalized, with restricted access to social services such as health care, employment, education and housing. It is also concerned about discriminatory attitudes towards the Roma in wider society as evidenced, inter alia, by their de facto exclusion from participation in public life. (arts. 2, 25 and 26). (Para. 27)
The State party should strengthen all the necessary measures to ensure the practical enjoyment by the Roma of their rights under the Covenant on an equal basis with all other social groups, including those aimed at their inclusion and integration into broader society, at the effective enforcement of the ban on racial discrimination, and at raising public awareness of the rights recognized by the Covenant.
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UN Committee on Economic, Social and Cultural Rights
E/C.12/MDA/CO/2
Last reported: 4 /5 May 2011
Concluding Observations issued: 20 May 2011
Issues raised and recommendations given:
Roma children: The Committee is concerned that the Roma population continues to face marginalization and social exclusion, especially in the areas of education, housing, health and employment. (art. 2, para. 2) (Para. 8)
The Committee recommends that the State party strengthen its efforts to address the socio-economic issues facing the Roma population, including through effective implementation, adequate resourcing and effective monitoring of the Action Plan for the Support of the Roma People from the Republic of Moldova for 2011-2015. The Committee strongly recommends that such efforts be adequately funded and prioritize social inclusion measures, focusing on the areas of education, housing, health, employment, infrastructure, and water and sanitation. The Committee also recommends that the State party create a network of community mediators charged with facilitating interaction between Roma, public authorities, employers, health providers and others. The Committee requests the State party to provide detailed information in its next report on action taken in this regard as well as the impact measured in all areas.
Institutionalisation of children: The Committee is extremely concerned that, despite the reform of the residential care system for children of 2007, the rate of institutionalization of children remains very high. The Committee is concerned that the reform has made almost no impact on children with disabilities in institutions, who represent over 50 per cent of the total of institutionalized children, and that services to reintegrate these children back into families, schools and communities are lacking. (art. 10) (Para. 15)
The Committee strongly recommends that the State party ensure the full implementation of the reform of the residential care system for children, focusing especially on the re-integration of children with disabilities. It strongly urges the State party to ensure the prevention of the separation of children from their families, and the re-integration of de-institutionalized children, including those with disabilities, through adequate family substitute and family support services as well as community-based services. The Committee requests the State party to include disaggregated data, by year, on progress made in the reintegration of children, with a special focus on children with disabilities, in its next periodic report.
Migration: The Committee is concerned about the absence of measures taken to mitigate the effects of migration of parents on children staying behind. The Committee is also concerned that the State party does not ensure adequate measures of social and psychological assistance for families, as well as an adequate education for children staying behind (art. 10) (Para. 16)
The Committee recommends that the State party implement concrete measures to mitigate the effects of migration on children, through social and psychological support, inter alia. It also recommends that the State party ensure that children left in the custody of caregivers receive adequate education.
Child Labour: The Committee is concerned about the prevalence of child labour in the State party, in particular in the agricultural and sales sectors as well as the service economy The Committee recommends that the State party urgently strengthen its measures to combat child labour, including through the strengthening of the enforcement role of the Labour Inspectorate Office and the strengthening of the 2010 National Action Plan to Eliminate Child Labour, including its effective implementation, paying special attention to girls, children in hidden work situations and other groups of vulnerable children. (art. 10) (Para. 17)
Adoption: The Committee is concerned that Law 99 (25 May 2010) and Government Decision 512 (25 April 2003) may impose arbitrary restrictions on prospective adoptive parents or children, such as those related to health or disability status. (art. 10) (Para. 18)
The Committee recommends that any conditions set for prospective adoptive parents conform with the requirements of the Covenant and related international law and that, in particular, no arbitrary health or disability criteria be maintained (such as established or perceived disability). The Committee emphasizes that assessments of the eligibility of prospective adoptive parents must be undertaken on an individual basis, without any form of discrimination.
HIV/AIDS and discrimination: The Committee expresses its concern about the practice of disclosure of a patient’s HIV status by doctors and nurses to other medical personnel and third parties, especially in rural areas, as well as about the negative consequences for the employment situation of the affected person and the treatment of their children in schools and kindergartens. (art. 12) (Para. 23)
The Committee recommends that the State party ensure the confidentiality of a patient’s HIV status, including through reforming the Law on HIV/AIDS, and reform of the data management system on HIV/AIDS. The Committee also recommends that the State party take steps to eliminate the mandatory indication of disease codes on all medical sick leave forms.
Health: TheCommittee is concerned that children suffering from epilepsy receive psychiatric treatment, often from a very early age, and that there is an absence of social programmes to support their parents. The Committee is also concerned that children suffering from autism are reportedlynotprovided with psychological treatment and special supportive programmes (art.12) (Para. 25).
The Committee recommends that the State party ensure that children with epilepsy receive adequate treatment carried out only by neuropaediatric physicians. The Committee further recommends that children with autism are provided with necessary psychological treatment and special supportive programmes. The Committee also recommends that families taking care of children with autism receive adequate psychological and other appropriate support.
Infant mortality: The Committee remains concerned about the high rate of infant mortality in the State party, particularly as a result of the failure to provide urgent medical assistance, especially in rural areas. The Committee recommends that the State party adopt urgent and effective measures addressing the high rate of infant mortality, in particular in rural areas. The Committee recommends that such measures include improving the availability and accessibility of medical assistance for the entire population, in particular through family doctors in rural villages. (art. 12) (Para. 26).
Sex education: The Committee is concerned that a special course on sexual and reproductive health rights (called the Life Skills course) has been withdrawn from the curriculum in public schools, and that at present there is no such course being offered in public schools. The Committee recommends that the implementation of the National Reproductive Health Strategy 2005-2015 include education in the school curriculum on sexual and reproductive rights. (art. 12) (Para 27)
Education: The Committee is concerned that enrolment rates in primary and secondary education are decreasing. The Committee is also concerned about the quality of education, and that efforts are lacking to alleviate the negative impact of indirect and informal costs for the access to education, especially within inadequately funded primary schools in rural areas. It is also concerned that children with disabilities often do not attend mainstream schools or classes, even in cases in which the nature of the disability would not preclude regular education. The Committee is furthermore concerned that children without any disability are often placed in auxiliary schools, reportedly accounting for as much as 40 per cent of enrolment. Furthermore, the Committee is concerned that children accompanying their parents and placed in the Migrants Accommodation Centre in Chisinau do not have access to education (arts. 13 and 14) (Para. 28)
The Committee recommends that the State party take measures to counter the decreasing enrolment rates in primary and secondary education, and reiterates its previous recommendation urging the State party to reinforce its efforts to ensure that children are not prevented from attending school because of poverty in the family. Such efforts should also include the alleviation of the negative impact of indirect and informal costs on the access to education, especially within inadequately funded primary schools in rural areas. The Committee furthermore recommends that the State party take urgent measures to ensure the implementation of inclusive education of children with disabilities, such as: (a) obligatory training of all teachers (beyond special education teachers), (b) requiring individual education plans for all students; (c) availability of assistive devices and support in classrooms, and educational materials and curricula; (e) accessibility of physical school environments; (f) teaching of sign language; and (g) the allocation of sufficient financial resources. Finally, the Committee recommends that the State party ensure access to education for children accompanying their parents and placed in the Migrants Accommodation Centre in Chisinau.
Roma children and education: The Committee is concerned about the limited availability and accessibility of schooling for Roma children living in remote rural settlements, as well as reported anti-Romani discrimination in a number of schools. The Committee is also concerned about the high illiteracy rate among Roma, as well as the low number of Roma with a higher education degree (arts. 13 and 14) (Para. 29)
The Committee recommends that the State party ensure the availability and accessibility of schooling for Roma children, including through the provision of financial and material support especially targeted at Roma parents, improvement of the school infrastructure in rural areas, the prevention and combating of discrimination against Roma in schools, as well as the development of the school curriculum in the Roma language.
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UN Committee on the Elimination of Racial Discrimination
CERD/C/MDA/CO/10-11
Last reported: 5 January 2016
Concluding observations published: 7 June 2017
Issues raised:
Linguistic rights of ethnic minorities
The Committee notes information provided by the State party during the dialogue on the operation of schools in the State party where instruction is conducted in Russian, Ukrainian, Gagauz, Bulgarian, Polish and Hebrew. The Committee remains concerned that, despite those measures, persons belonging to minority ethnic groups such as Bulgarians, Gagauz, Russians and Ukrainians are reportedly unable to gain access to mother-tongue education. The Committee is further concerned that, in schools where mother-tongue education is offered to minority students, instruction on the State language is reportedly of insufficient quality, thereby affecting the ability of ethnic minority students to have access to higher education and employment opportunities that require knowledge of the official State language (art. 5).(para. 18)
The Committee recommends that the State party take the measures necessary to ensure access by ethnic minority children to mother-tongue education in schools. It also recommends that the State party take the measures necessary to ensure that minority students studying in schools offering mother-tongue education are provided with quality instruction on the State language and all efforts are undertaken to prevent discrimination against such students in obtaining higher education and employment on the basis of language. (Para. 19)
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CERD/C/MDA/CO/8-9
Last reported: 1 / 2 March 2011
Concluding Observations issued: 10 March 2011
Issues raised and recommendations given:
Minority groups and education: The Committee, while noting the various measures and initiatives taken by the State party in favour of the Roma including the 2007-2010 Action Plan in support of the Roma population, remains concerned about the continued marginalization and precarious socio–economic situation of members of this minority, and the discrimination with which they are faced, including in the fields of education, housing, health and employment. The Committee also regrets the lack of resources to effectively implement the 2007-2010 Action Plan (arts. 2 and 5), (Para. 15)
The Committee urges the State party to enhance its efforts aimed at combating discrimination against Roma. In light of its general recommendations No. 27 (2000) on discrimination against Roma and No. 32 (2009) on the meaning and scope of special measures in the International Convention on the Elimination of Racial Discrimination, the Committee recommends the State party to ensure that special measures and programmes in favour of Roma, inter alia the new Action Plan for 2011- 2014, are designed and implemented on the basis of need, that sufficient resources are allocated and implementation monitored.
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UN Committee on the Elimination of Discrimination against Women
CEDAW/C/MDA/CO/4-5
Last Reported: 1 October 2013 Concluding Observations issued: 29 October 2013
Issues raised and recommendations given:
Stereotypes: The Committee reiterates its concern about the persistence of patriarchal attitudes and deep-rooted stereotypes regarding the roles and responsibilities of women and men in the family and in society (CEDAW/C/MDA/CO/3, para. 18). It notes that such attitudes and stereotypes in the State party are root causes of the disadvantaged position of women in political and public life, violence against women and gender segregation, as reflected in the educational choices and employment options of women and girls. In addition, the Committee is concerned about the persistent stereotyping of older women and women with disabilities, in addition to the existence of sexist advertising. Lastly, it is concerned that, although the State party is a secular State, religious institutions often perpetuate traditional gender roles in the family and in society and influence State policies with an impact on human rights. (Para. 17)
The Committee urges the State party: (a) To eliminate all forms of sex- and gender-based discrimination throughout the education system and in informal education programmes with a view to removing gender stereotypes from educational materials, incorporating human rights education into school curricula and introducing mandatory courses in all teacher training programmes on ways in which schooling reproduces gender inequalities; (b) To develop a comprehensive strategy across all sectors, targeted at women and men, girls and boys, to overcome patriarchal and gender-based stereotypical attitudes concerning the roles and responsibilities of women and men in the family and in society; (c) To develop public awareness and training programmes for decision makers, employers, young people and disadvantaged groups of women, including older women and women with disabilities, on women’s rights in all areas covered by the Convention; (d) To expeditiously adopt the amendments to Law No. 243-XIII on the press, which are intended to, among other things, prohibit the use of sexist advertising, and ensure the effective implementation of the amended legislation; (e) To ensure that local authorities promote policies based on gender equality principles, without interference from religious institutions. (Para. 18)
Violence against women: While welcoming the adoption in 2008 of Law No. 45-XVI on preventing and combating domestic violence, through which new protection measures were introduced, in addition to the amendment to the Criminal Code in 2010 to criminalize domestic violence and marital rape, the Committee reiterates its serious concern about the high prevalence of domestic violence, including against older women, which is coupled with a lack of a comprehensive data on the magnitude and forms of violence against women. (Para. 19)
Recalling its general recommendation No. 19 on violence against women, the Committee urges the State party: (a) To strengthen the enforcement of the Criminal Code, Law No. 45-XVI on preventing and combating domestic violence and other relevant national legislation; ensure that all women and girls, including in particular older women, Roma women and girls and women and girls with disabilities, are protected from violence and have access to immediate means of redress; and launch ex officio investigations into all such crimes and ensure that perpetrators are prosecuted and punished commensurate with the gravity of the crime; (b) To expedite its efforts to amend Law No. 45-XVI on preventing and combating domestic violence so as to supplement court-ordered protection with a system of police-ordered protection and enable the issuance of police emergency protection orders.
The Committee further urges the State party: (c) To remove any impediments faced by women in gaining access to justice; ensure that legal aid is made available to all victims of violence; encourage women to report incidents of domestic and sexual violence by raising awareness about the criminal nature of such acts; provide adequate assistance and protection to women victims of violence, including Roma women; and increase the number and funding of shelters and guarantee national coverage extending to women from rural areas and Transnistria; (d) To ensure that all investigations into acts of sexual violence, including those committed against Moldovan migrant women, are carried out in line with international standards of investigation, including by amending the existing guidelines on investigation of rape and other forms of sexual assault; (e) To enhance the system of data collection to ensure that data are disaggregated by type of violence and by relationship between the perpetrator and the victim, support research in this field and ensure that the information and data collected are made available to the public; (f) To ratify the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence. (Para. 20)
Trafficking and prostitution: While acknowledging the State party’s efforts to combat trafficking, the Committee is concerned that the State party remains a country of origin for trafficking in persons for purposes of sexual and labour exploitation and that sentences handed down to trafficking offenders are lenient. The Committee is particularly concerned that children whose parents have migrated abroad and women who have experienced domestic violence are especially vulnerable to trafficking. The Committee is further concerned about the insufficiency of rehabilitation and reintegration services for women and girls who are victims of trafficking, in particular in the Transnistrian region. Lastly, the Committee is concerned that, while prostitution is illegal in the State party according to the Administrative Offences Code, only women in prostitution and not their clients are subject to punishment. (Para. 21)
The Committee calls upon the State party: (a) To ensure the timely prosecution and commensurate punishment of traffickers and review its sentencing policy in trafficking cases; (b) To provide mandatory and gender-sensitive training for judges, prosecutors, police officers and other law enforcement officers on legal provisions relating to trafficking; (c) To effectively implement the action plans of the Strategy of the National Referral System to Protect and Assist Victims and Potential Victims of Trafficking in Human Beings, which are aimed at the early identification and referral of victims of trafficking, and take preventive measures such as raising the awareness of disadvantaged and marginalized groups of women of the risks of trafficking; (d) To review its laws on prostitution in order to ensure that women in prostitution are not discriminated against or penalized by administrative fines; step up its efforts to support women who wish to leave prostitution; and implement measures to decrease demand for prostitution, including the potential introduction of sanctions for sex buyers. (Para. 22)
Education: While noting the high level of education of women and girls in the State party, the Committee remains concerned about the persistent segregation of women and girls in traditionally female-dominated fields of study at the post-secondary level and their underrepresentation in engineering, technological and other fields of education, negatively affecting their chances of integration into higher-paying sectors of the labour market. The Committee further expresses concern about the limited access to mainstream and inclusive education by Roma girls and girls with disabilities, which results in low enrolment rates and high dropout rates at the primary school level, as well as about the negative attitudes towards Roma among teachers and school administrators.
The Committee recommends that the State party: (a) Encourage young women to choose non-traditional fields of study and professions, including through the adoption of temporary special measures, and implement programmes aimed at counselling boys and girls on the full range of educational choices; (b) Promote access by Roma girls and girls with disabilities to high quality mainstream and inclusive education and their retention at all levels of education, including by tackling anti-Roma sentiment, raise awareness of the importance of education as the basis for the empowerment of women and strengthen the implementation of re-entry policies enabling girls who have dropped out to return to school. (Paras. 25-26)
Family responsibilities: ...The Committee reiterates its concern about the overprotective maternity leave in the Labour Code and the lack of parental leave that reinforce the unequal division of family responsibilities between women and men and may drive women into unemployment and poverty. ...The Committee recommends that the State party: (c) Step up its efforts to review the provisions of the Labour Code on maternity and paternity leave and engage trade unions and women’s organizations with a view to enabling women and men to reconcile professional and family responsibilities. (Paras. 27-28)
Health: The Committee is concerned about the high rate of abortion and the low use, availability, affordability and accessibility of modern forms of contraception, in particular in the Transnistrian region and rural areas, which indicate that abortion is used as a method of birth control. The Committee is particularly concerned about reports of practices of coercive sterilization, affecting in particular women with disabilities, women in rural areas and Roma women. The Committee notes with concern that the current Ministry of Health regulation on sterilization specifies mental disability as an indicator for sterilization. The Committee is also concerned about the lack of educational programmes on sexual and reproductive health and rights in schools and about the lack of sex-disaggregated data. The Committee is further concerned at the limited access of older women to affordable health care. (Para. 31)
The Committee urges the State party: (a) To ensure the availability, accessibility and affordability of modern methods of contraception for girls and women; (b) To expand the availability of medically safe modern methods of abortion, including in the Transnistrian region and rural areas;(c) To raise awareness of the importance of using contraceptives for family planning and consider including abortion and contraceptives in the basic insurance package; (d) To amend and develop the regulatory framework, in addition to the guidance provided to medical practitioners, to ensure that sterilization is carried out only in conformity with international law, in particular with the free and informed consent of the women concerned; (e) To introduce age-appropriate education on sexual and reproductive health and rights, including responsible sexual behaviour, in the school curricula; (f) To ensure that older women have access to affordable health care and train health workers on geriatric care; (g) To integrate a gender perspective into all health interventions and policies and collect and analyse sex-disaggregated data. (Para. 32)
Disadvantaged groups of women: While noting the adoption of an action plan to support the Roma population covering the period 2011-2015 and the ongoing establishment of Roma community mediators, the Committee is concerned about the inadequate financial resources allocated to the implementation of the action plan and the fact that only 15 mediators have been appointed to date. The Committee urges the State party to implement and allocate adequate funding to national action plans and strategies aimed at eliminating all forms of discrimination against Roma women and girls, and appoint, without delay, qualified Roma mediators in all Roma communities and allocate adequate funds thereto. (Paras. 35-36)
Marriage and family relations: The Committee is concerned about reports of child marriage within some Roma communities and the lack of systematic action by the State party to address this harmful practice, the legal prohibition of early marriage notwithstanding. The Committee is also concerned about information received that, following divorce or death of the husband, women are, in practice, often denied their right of inheritance. The Committee recommends that the State party ensure that the social welfare authorities and other State agencies take measures to combat the practice of child marriage and effectively implement the legislation prohibiting early marriage. The Committee also recommends that the State party, in cooperation with community leaders, raise awareness among Roma communities about the legal prohibition of child marriage and the negative effects of such marriage on the health and education of girls. The Committee urges the State party to ensure the full implementation of the provisions on inheritance and succession contained in the Civil Code and to close the gap between the law and practice, in line with paragraphs 51 to 53 of the Committee’s general recommendation No. 29 on the economic consequences of marriage, family relations and their dissolution. (Paras. 39-40)
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CEDAW/C/MDA/2-3
Last reported: 16 August 2006
Concluding Observations issued: 25 August 2006
Issues raised and recommendations given:
Stereotyping: The Committee continues to be deeply concerned about the persistence of patriarchal attitudes and deep-rooted stereotypes regarding the roles and responsibilities of women and men in the family and society in the Republic of Moldova, which adversely affect women’s situation particularly in the labour market and in respect of their participation in political and public life. (Para. 18)
The Committee urges the State party to disseminate information on the content of the Convention through its educational system by mainstreaming a gender perspective into textbooks and curricula at all levels and by ensuring gender training for teachers, with a view to changing existing stereotypical views and attitudes regarding women’s and men’s roles in the family and society. It also recommends that awareness-raising campaigns be addressed to both women and men and that the media be encouraged to project positive images of women and of the equal status and responsibilities of women and men in the private and public spheres.
Trafficking: While commending the efforts undertaken to combat trafficking, including through the adoption of the law and national plan on preventing and combating trafficking in human beings, the establishment of the National Committee for combating human trafficking and the revision of the Criminal Code, the Committee expresses concern about the increasing trend of illegal trafficking in young women and girls for sexual purposes in the Republic of Moldova, which remains mainly a country of origin. The Committee is further concerned about the lack of enforcement of the legislation and the insufficient measures to prosecute traffickers and provide protection and assistance for victims. (Para. 24)
The Committee calls on the State party to intensify its efforts to combat the trafficking and sexual exploitation of women and girls by addressing the root causes, in particular women’s economic insecurity. It recommends that the State party enhance measures aimed at improving the social and economic situation of women, in particular in rural areas, so as to eliminate their vulnerability to traffickers, and put in place services for the rehabilitation and reintegration of victims of trafficking. It urges the State party to ensure that the national plan is adequately funded, that the responsibility for its implementation does not rely heavily on non-governmental organizations, and that those who traffic and sexually exploit women and girls are prosecuted and punished to the full extent of the law. The Committee also encourages the State party to intensify international, regional and bilateral cooperation with countries of transit and destination for trafficked women and girls to further curb this phenomenon. It requests the State party to provide in its next report detailed information, including statistical data, on trends in trafficking and on court cases, prosecutions and victims assisted, as well as the results achieved in prevention.
Health and sex education: The Committee expresses its concern about the health situation of women, especially women’s reproductive health. While appreciating recent declines in the maternal mortality rate, it notes that this indicator is still high compared to other countries in the region, in particular for rural women. It is also concerned about the high abortion rates and the use of abortion as a means of fertility control, and especially about the situation of unsafe abortion, which increases the risk of maternal mortality. It is further concerned about the high percentage of women with anaemia and the increase in HIV/AIDS infection rates and in sexually transmitted diseases. The Committee expresses its concern about the increase of women’s consumption of tobacco and narcotic drugs. (Para. 30)
The Committee recommends that increased efforts be focused on improving women’s reproductive health. In particular, it calls upon the Government to improve the availability, acceptability and use of modern means of birth control to eliminate the use of abortion as a method of family planning. It encourages the State party to provide sex education systematically in schools, including vocational training schools. The Committee urges the State party to undertake appropriate measures to ensure women’s access to safe abortion, in accordance with domestic legislation. It also urges the State party to target high-risk groups for strategies to prevent HIV/AIDS and the spread of sexually transmitted diseases. It encourages the State party to increase its cooperation with non-governmental organizations and international organizations in order to improve the general health situation of Moldovan women and girls. It requests that the State party provide in its next report detailed information on women’s tobacco use and statistics on their alcohol, drug and other substance abuse.
Early marriage: The Committee remains concerned that the minimum legal age for marriage is 16 years for women and 18 years for men. (Para. 32)
The Committee urges the State party to raise the minimum age of marriage for women to 18 years, in line with article 16 of the Convention, the Committee’s general recommendation 21 and the Convention on the Rights of the Child.
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UN Committee against Torture
CAT/C/MDA/CO/2
Last reported: 11 / 12 November 2009
Concluding Observations issued: 19 November 2009
Issues raised and recommendations given:
Trafficking: The Committee welcomes the variety of legislative, policy and other measures, including the adoption in October 2005 of Law No. 241-XVI on Preventing and Combating Trafficking in Persons and the establishment of the Rehabilitation Centre for Victims of Trafficking in Human Beings. However, the Committee expresses its concern at persistent reports that the State party continues to be a country of origin and transit for trafficking in persons, particularly women and children (arts. 2, 10, 12 and 16) (Para. 22)
The State party should continue to strengthen its efforts to combat trafficking in women and children and take effective measures to prosecute and punish the alleged perpetrators, including by applying strictly relevant legislation, raising awareness of the problem and training law enforcement personnel and other relevant groups. The State party should also broaden the implementation of measures to assist the social reintegration of victims and to provide genuine access to health care and counselling.
Violence: While noting various measures taken by the State party, including the decision of 25 September 2009 by a court in Anenii Noi to issue a protection order in favour of the victim in a case involving domestic violence, the Committee remains concerned about the persistence of violence against women and children, including domestic violence, the rarity of intervention measures by the judiciary, the limited number and capacity of shelters for victims of domestic violence, and at reports that domestic violence is deemed to warrant the intervention of the police only in cases where it has resulted in serious injury (arts. 2, 13 and 16) (Para. 23)
The State party should enforce the Law on Preventing and Combating Domestic Violence and provide support for victims through the establishment of additional shelters, the provision of free counselling services and such other measures as may be necessary for the protection of victims. The Committee urges the State party to address impunity in this area, to take appropriate preventive measures and to provide training on the handling of domestic violence to all professionals involved in such cases, including police officers, prosecutors, judges and social workers, with emphasis on the gender aspects of domestic violence. The State party should also provide information, in its next report, on the incidence of domestic violence, on the measures taken to address it, including the use of restraining orders, and on the impact, if any, of such measures.
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UN Subcommittee on Prevention of Torture
No visits made.
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UN Committee on Migrant Workers
Not yet signed or ratified.
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UN Committee on the Rights of Persons with Disabilities
CRPD/C/MDA/CO/1
Last reported: 15 January 2013
Concluding observations issued: 12 April 2017
Issues raised and recommendations given:
Positive aspects: the Committee commends the State party for the government Decision No. 523 (11 July 2011), approving the Program for the Development of Inclusive Education 2011-2020, providing equal opportunities for all children to access quality education.
Children with disabilities (art. 7): the Committee is concerned about the stigmatising attitudes towards children with disabilities which are reinforced by the lack of community services. It is also concerned that children with disabilities do not systematically participate in decision-making that affects their lives and that they lack opportunities to express their opinion on matters pertaining to them directly. It is particularly concerned about the life-long institutionalisation of children with disabilities, especially those with psychosocial and/or intellectual disabilities, in inhumane conditions, neglect and segregation from the community from early childhood (para. 16).
The Committee recommends that the State party intensify the promotion of a positive image of children with disabilities and increase the availability of mainstream support services for children with disabilities. It also recommends that it adopt safeguards to protect the right of children with disabilities to be consulted on all matters that affect them, and to guarantee that they have disability and age-appropriate support to realize that right. The Committee also recommends that the State party develop a national strategy for deinstitutionalisation of children with disabilities, which encompasses alternative care in family settings and inclusive support services and facilities in the community (para. 17).
Freedom from exploitation, violence and abuse (art. 16): the Committee is concerned by reported cases of violence and abuse of persons with disabilities in institutions, including cases of neglect resulting in the death of children and adults with disabilities and cases of gender-based violence against women with disabilities. The Committee urges that the State party take legislative and practical measures, with gender and age considerations, to protect persons with disabilities who remain institutionalized and to eliminate any risk of neglect, violence or abuse; ensure that all reported cases are appropriately investigated and perpetrators are prosecuted ; provide regular and mandatory trainings to the staff of institutions for the prevention of violence and abuse of persons with disabilities; ensure the effective, independent human rights based monitoring of all residential institutions (para. 32 and 33).
Freedom of expression and opinion, and access to information (art. 21): the Committee is concerned that sign language is not adequately recognised as an official language of the State party, the insufficient training of sign language interpreters resulting in an inadequate number of interpreters in public and private services and the lack of access to bilingual education for deaf children. The Committee recommends that the State party invest in the training of sign language interpreters and provide sign language interpretation for services open to the public and so that deaf children have equal access to a quality, inclusive education (para. 40 and 41).
Education (art. 24): the Committee is concerned that positive steps towards inclusive education in the State party have stalled and that: provisions in the Code on Education of 2014 still allow for segregated schooling; children with disabilities, mainly those with psychosocial and/or intellectual disabilities, remain in segregated educational settings, including “special schools”, “special classes”, and “home education” and do not receive the support they need to access inclusive education; negative attitudes about students with disabilities persist among administrative and teaching staff, leading to cases of refused admissions in mainstream schools and an overall lack of familiarity, knowledge and abilities of staff with regard to inclusive education (para. 44).
Recalling its general comment No. 4 (2016) on the right to inclusive education and the Sustainable Development Goal 4, especially its targets 4.5 and 4.8, the Committee recommends that the State party increase its efforts towards inclusive education, particularly, that it: amend the 2014 Code on Education and ensure that no child is refused admission to mainstream schools on the basis of disability, ensure accessibility and allocate the necessary resources to guarantee reasonable accommodation to facilitate the access of students with disabilities to quality, inclusive education, including pre-school and tertiary education; make training on inclusive education and its implementation mandatory for administrative staff and teachers (para. 45).
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UN Committee on Enforced Disappearance
Signed in 2007, but not yet ratified.