COMMITTEE ON RIGHTS OF CHILD CONSIDERS INITIAL REPORT OF MOLDOVA

CRC
31st session
27 September 2002



The Committee on the Rights of the Child today considered the initial report of the Republic of Moldova on how that country was implementing the provisions of the Convention on the Rights of the Child.
Introducing her country's report, Anghelina Apostol, Deputy Minister of Labour and Social Protection of Moldova, told the Committee that since its independence in 1991, Moldova had not elaborated a national plan of action relating to the rights of children. However, she said, the Government had put in place a strategy to implement the provisions of the Convention. Although the full enjoyment of the rights enshrined in the treaty had not yet been attained, the Government was endeavouring to improve child conditions in order to raise their level to international standards.
Committee Expert Ghalia Mohd Bin Hamad Al-Thani, in a preliminary concluding remark, said that the discussion had been productive and had helped the Committee Experts to better understand the situation of children in Moldova. She said that the concluding observations and recommendations of the Committee would reflect the concerns expressed and observations made in the course of the discussion.
The Committee will issue its formal, written concluding observations and recommendations on the report of Moldova towards the end of its three-week session to be concluded on 4 October.
The Moldovan delegation was also composed of Dumitru Goitor, Permanent Representative of Moldova to the United Nations Office at Geneva; Maria Tarus, Head of the Division of Women and Child Health, Ministry of Health; and Victor Maxim, Third Secretary at the Permanent Mission of Moldova in Geneva.
As one of the 191 States parties to the Convention on the Rights of the Child, Moldova is obligated to submit periodic reports to the Committee highlighting the achievements obtained and the measures taken in the implementation of the provisions of the treaty.
When the Committee reconvenes at 10 a.m on Monday, 30 September, it will take up the initial report of Burkina Faso (document CRC/C/65/Add.18).

Report of Moldova
The initial report of Moldova, contained in CRC/C/28/Add.19, enumerates the legislative, juridical and administrative measures taken by the State party to enhance the implementation of the provisions of the Convention on the Rights of the Child. It notes that State consolidation was seriously affected by the separatist actions of some forces in the eastern part of the country. Government plans and programmes destined for that region had thus been interrupted.
The report says that the Government of Moldova, by a decree of 30 January 1998, has created the National Council for Child Rights Protection, with the purpose of monitoring and ensuring respect for the Convention and for the implementation of the provisions of national laws on child rights. It contributes essentially to the accomplishment of State policy in the field of child protection, through the elaboration of government policies to improve the living conditions of children in the family and in the child protection institutions.
Further, the report notes that in the Republic, maternal mortality is higher than the European Community with 48.8 per one hundred thousand new-born babies for 1995. The high rate of maternal mortality is due to unsatisfactory living conditions, generated mainly by the sharp economic crisis the country has been going through since 1991.
In the field of education, the report says that in the last few years, pre-school education has recorded a permanent decline. The activity of 152 kindergartens which were closed as their premises had deteriorated has remained suspended for the past three years and another 196 kindergartens have been temporarily closed in wintertime. The report says that it is alarming that school preparatory groups do not function because kindergartens are closed.

Presentation of Report
ANGHELINA APOSTOL, Deputy Minister of Labour and Social Protection of Moldova, said that since her country had become independent in 1991, no national plan of action on the rights of the child had been elaborated. However, the Government had put in place a strategy to implement the provisions of the Convention. Although the full enjoyment of the rights enshrined in the treaty were not yet attained, the Government was endeavouring to bring the national situation up to international standards.
Ms. Apostol said her Government had put in place a programme aimed at fighting poverty which required a big effort. In addition, the Government had adopted last year a decree in view of implementing a plan of action on the social protection of orphans and other vulnerable groups.
Despite the numerous steps undertaken by the Government, the country was still going through a difficult period and many of the problems relating to employment, housing and orphans had not been resolved, Ms. Apostol continued to say. In April this year, a law on social assistance for needy people and disabled persons had been adopted.
The amount allocated to assist disabled persons had been doubled. A social integration programme for disabled persons, to continue until 2005, had also been adopted. In addition, the Government was finalizing the process of implementation of a national plan of action for the full integration of orphans.
The Deputy Minister continued to say that a new Criminal Code would enter into force on 1 October. Further, the Government had taken a series of steps to fight the phenomenon of street children and it had relegated powers to local officials to deal with the issue.
Ms. Apostol said that the practice of corporal punishment was prohibited by law; however, it was difficult to monitor its implementation within the family. According to a survey, half of the children interrogated had said that they had been subjected to physical and mental violence, while 17 per cent of them said they were beaten within their family. In addition, 20 per cent of them said that they had been victims of sexual abuse. A plan of action to fight violence against children had been adopted by the Government covering the period until 2005.

Questions by Experts on General Measures, Definition of the Child, and General Principles
The Committee Experts started questioning the members of the delegation under the first cluster of the main issues concerning general measures of implementation; definition of the child; and general principles.
An Expert said that the report was overdue by 10 years, and wanted to know how it was prepared and those involved in preparing it. She noted that the State party had ratified International Labour Organization Convention No. 138 on the minimum age for admission to employment; and it had not yet ratified ILO Convention No. 182 on the elimination of the worst forms of child labour. She further said that the State party had signed the two Optional Protocols to the Convention on the Rights of the Child but had not yet ratified them.
The Expert continued to say that she was concerned about the implementation of the principles of non-discrimination and best interests of the child in the country. No specific legislation was enacted on non-discrimination. In addition, there was no legal protection for disabled children and no legislative provisions prohibiting discrimination against them.
The country had an office of the Ombudsman for human rights, but did it have a section dealing specifically with the rights of the child, an Expert asked. What was the definition of youth, if any, within the national action plan for children?
Another Expert wanted to know if citizens of Moldova travelling or living abroad needed to report to their consular representations, adding that Moldovan girls might end up in the hands of exploiters without the knowledge of the consular authorities. How did the Government monitor the situation of its citizens outside the country.
What was the status of the Convention within the domestic legal system, an Expert asked. The constitutional court normally inquired about the constitutionality of a treaty each time one was ratified. Were the national laws reviewed in order to allow the full implementation of international treaties?
The coordination of the activities related to the rights of the child should be clear, another Expert said, asking about the role of the National Council for Children. Since the membership of the Council was changed periodically, the stability of that institution was not assured. Did all its members come from the Government or did they include people from civil society? In addition, the subsidies provided by the central Government to the regional administrations were not distributed in an equitable manner.
The difference in the marriage age for girls and boys was a form of discrimination which should be modified, another Expert said. Turning to violence, she said that the Government itself had recognized the existence of youth violence in the society; but the causes of this violence were not elucidated. The other issue of concern was the illegal trafficking of persons from Moldova for different purposes.
What efforts had been made by the Government to resolve the conflict in the eastern areas of Moldova, an Expert asked. Was the Government able to finance programmes in those areas concerning child rights? The Expert then asked the delegation about the age limit for sexual consent; the age limit of children for medical consultations without the consent of parents; the kinds of complaints addressed by children to the Ombudsman; and the mechanisms available to children to pursue their complaints.
Another Expert asked the delegation about reported discrimination against the Roma people and their children and sought comments on the allegations.

Country Response
In response to the questions raised by the Committee's Experts, the delegation said that the National Council for Children worked in collaboration with Government bodies. It was a coordinating body to bring together the activities of other ministerial bodies on the rights of the child. Membership included representatives of the United Nations Children's Fund (UNICEF), non-governmental organizations, scientists, scholars and members of the Government. It proposed draft bills to the Government for submission to the legislative body; and it suggested improvements in the implementation of the rights of the child. There were also many ministries dealing with the rights of the child.
The delegation said that the Government had been working on specific programmes to assist low-income families. The Department of Statistics had already made a survey to determine the number of families that needed assistance. Because of the limited resources, the Government had to focus its priority on the most needy families. The social assistance programme included support to children in the family.
Because of the dispersion and overlapping activities of the rights of the child, the Government was envisaging to create a huge department to serve as coordinator and to encompass all activities, the delegation said. For the time being, the National Council for Children would remain as the coordinator of the activities related to the rights of the child.
With regard to the question on the status of the definition of the child, the delegation said that the age of marriage for boys might be reduced for exceptional reasons to 16 years. The minimum age for marriage was 18 for boys and 16 for girls. Preparation for the military service could take place between 16 and 20 years, in the form of registration, but conscription would start only at 18. Children who had not reached the age of 14 bore no criminal liability. Adolescents between 14 and 16 who committed a crime were criminally liable only in cases of "serious" offences.
The Ombudsman for children worked in collaboration with other bodies, such as schools and families, the delegation said. Whenever problems arose in schools, some of the cases could be referred to the Ombudsman's office. Since the old stereotype fashion was persisting in the family, no cases were presented to the Ombudsman concerning the family.

Experts' Questions on Civil Rights and Freedoms, Family Environment, and Basic Health
The Experts continued to raise questions on the second cluster of the main subjects on civil rights and freedoms; family environment and alternative care; and basic health and welfare. An Expert said that according to reports, there were 50,000 children living in the streets, which was a significant figure for a small country like Moldova. She said that there was concern on the way children were cared for in the country's institutions. She also wanted to know about public attitudes towards disabled children and the measures taken to integrate them into the society. The infant mortality rate was high: what measures were taken to reverse this situation? Why were incidents of infection by tuberculosis and HIV/AIDS on the rise?
Other Experts also raised questions on such issues as the result of the parliamentary report on children; considering children's views during the process of divorce; neglect or abandonment of children; lack of food and sanitation in child care institutions; and the financial implications of child adoption.

Response by Delegation of Ukraine
Responding to the questions raised by the Experts, the members of the Moldovan delegation said that the children parliament, which functioned quite well, was composed of 101 child deputies who were elected from various regions of the country. During the last elections, there had been 800 candidates from all the regions. In the course of their "deliberations", the child deputies queried the representatives of institutions and authorities dealing with the implementation of the rights of the child.
The delegation said that child protection institutions were supposed to be financed and run by local districts. However, because of the financial burden, some of the institutions had been badly managed. For those reasons, the Government decided last year to transfer authority to the centre and those institutions were now funded directly by the central administration.
Infant mortality in Moldova was the highest among the European Community countries, the delegation said. That regrettable situation was the result of preventable and non-preventable diseases affecting Moldovan children. In 1999, the rate of infant mortality was 18.2 per one thousand new born babies. The Government, however, continued to take measures to improve the health conditions of mothers and children, particularly during pregnancy and delivery in hospitals.
The number of abortions in the country had decreased from 100,000 in previous years to 15,000 last year, the delegation said. The number of pregnant women had increased during the same period.
The Government was making more efforts to cut down on the number of child institutions, the delegation said. At present, there were a high number of care institutions run by different organizations.
The delegation said that mothers who desired to abandon their children at birth could do so; the children were taken care of by family-like caring institutions. The main cause of abandonment was lack of housing and income. These and other types of children could be adopted by families living inside or outside the county.
The Government was doing all it could to help disabled children in the country, the delegation said. A commission had been created to deal with the protection of the rights of disabled children, in addition to the various non-governmental organizations working for the disabled. Special attention had also been given to the comfort of the disabled, including accommodation, access to buildings and cultural activities, including athletic competitions. Many families were entrusting their disabled children to specialized institution due to the lack of knowledge in caring for them. However, the Government was in favour of integrating disabled children into their family environment.
Concerning children left by mothers who worked abroad, the delegation said that because of the financial support the children received from their mothers, they were able to pursue higher studies better than others remaining in the country. At present, higher learning required tuition fees, which had become unaffordable for many students and parents.
The situation of Roma people was a major problem for the Government, the delegation said, adding that a large proportion of Roma children were outside the school system. The Government had designed social mechanisms to help Roma families to enable them to send their children to school.
Concerning the situation in Transnistria, the delegation said that it was a painful issue because of the lack of political control of that territory by the Moldovan authorities. The Government had attempted to bring the two educational systems on the same line but it did not work. Some of the negotiations had been fruitful concerning health programmes.

Experts' Questions on Education and Special Protection Measures
The Committee Experts continued to raise questions under the last cluster of the main subjects on education; leisure and cultural activities; and special protection measures. Among other things, they asked about issues pertaining to trafficking in child organs; the high percentage of school dropouts; unremunerated child labour; the educational system in Transnistria; the heavy decline in expenditure on education; teachers' salary arrears; crimes committed by adolescents; the absence of a juvenile justice system; the detention of child offenders together with adults; trafficking in women and children; implementation of the laws on commercial sexual exploitation of children; corporal punishment; and the status of refugee children.

Country Response
In response to the questions raised by the Committee Experts, the members of the Moldovan delegation said that there was no specialized justice system for juveniles and this situation would continue for some time to come.
The new Criminal Code contained articles specifically concerning trafficking in persons and they provided for severe punishment against the perpetrators, the delegation said. The Government was also reviewing the issue of trafficking in organs.
On the issue of detention of minors, there was legislation on the execution of sentences, including the sending of minors to educational colonies, the delegation said. Girls and boys in educational colonies were kept in separate premises. Depending on the facilities available in each colony, vocational education was provided to those minors.
Concerning the quality of education and the high rate of dropouts, the delegation said that in higher private education, the quality used to be better; the commission on the accreditation of the private educational institutions supervised them and submitted periodic reports to the Government. The commission could recommend the extension or the withdrawal of licences to the private schools.
Last year, at least 3,908 children did not attend school for various reasons, the delegation said, adding that the number had dropped from the previous year, which was 6,000 absentees.
The Government had been able to raise the amount of allowances paid to children and families, although the payment had at times been delayed, the delegation said. The authorities had also increased the wages of Government employees, including those of the teaching staff. Many teachers had left the profession for other better paid salaries, which had created a staff shortage. For that reason, the Government had made teaching salaries more attractive for future recruits and in order to attract back those who had already left.
Asked about the existence of corporal punishment, the delegation said that it did occur in the family although no figures were available. In institutions dealing with child care, corporal punishment did not occur.

Preliminary Concluding Remarks
GHALIA MOHD BIN HAMAD AL-THANI, Committee Expert, said that the discussion had been productive and had helped the Committee Experts to better understand the situation of children in Moldova. She said that the concluding observations and recommendations of the Committee would reflect the concerns expressed and observations made in the course of the discussion. During the discussion, the conformity of new legislation with the provisions of the Convention had been mentioned; concern had also been expressed on the monitoring system of the implementation of the provisions of the Convention; the situation of children who were discriminated against by the society had been highlighted; and the high rate of infant mortality had also been discussed with suggestions that the Government should try to reduce the figure by making further efforts. She said that the rate of school dropouts was also a concern.



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