03/03/2014 - Human Rights Council - Session 25Summary:
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/CO/2
Last reported: 13 / 14 October 2009
Concluding Observations issued: 29 October 2009
Issues raised:
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). (Paragraph 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). (Paragraph 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). (Paragraph 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). (Paragraph 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). (Paragraph 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:
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). (Paragraph 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). (Paragraph 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). (Paragraph 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 (art. 10). (Paragraph 17).
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.
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). (Paragraph 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). (Paragraph 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). (Paragraph 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 (art. 12). (Paragraph 26).
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.
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 (art. 12). (Paragraph 27).
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.
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). (Paragraph 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). (Paragraph 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/8-9
Last reported: 1 / 2 March 2011
Concluding Observations issued: 10 March 2011
Issues raised:
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). (Paragraph 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/2-3)
Last reported: 16 August 2006
Concluding Observations issued: 25 August 2006
Issues raised:
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. (Paragraph 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. (Paragraph 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. (Paragraph 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. (Paragraph 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:
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). (Paragraph 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). (Paragraph 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
Ratified in 2010, but not yet reported.
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UN Committee on Enforced Disappearance
Signed in 2007, but not yet ratified.
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