Committee on the Rights of the Child
Consideration of reports submitted by States parties under article 44 of the Convention
Fourth and fifth periodic reports of States parties due in 2015
Republic of Moldova * , **
[Date received: 19 April 2016]
CoE Council of Europe
CPCCriminal Procedure Code
CPOCentral Probation Office
CRCConvention of the rights of the child
CRIDCChild Rights Information and Documentation Centre
DPIDepartment of Penitentiary Institutions
DSAFPDepartment for social assistance and family protection
GDEYSGeneral Department for Education, Youth and Sport
GPGeneral Prosecutor’s Office
GPIGeneral Police Inspectorate
HRCHuman Rights Centre
ILO/IPECInternational Labour Organization
IOMInternational Organization for Migration
LPALocal Public Administration
MAIMinistry of Internal Affairs
MFAEIMinistry of foreign affairs and european integration
MLSPFMinistry of Labour, Social Protection and Family
MoCMinistry of Culture
MoEdMinistry of Education
MoJMinistry of Justice
MoHMinistry of Health
MYSMinistry of Youth and Sport
NBSNational Bureau of Statistics
NCASSPNational Council for Accreditation of Social Services Providers
NCCAPNational Centre for Child Abuse Prevention
NCPDPNational Council for Child Rights Protection
NCTUMNational Confederation Trade Union of Moldova
NIJNational Institute of Justice
PA P4ECPublic Association “Partnerships for every child”
PA “CCF Moldova”Public Asocciation “Child Community Family,” Moldova
PA LumosPublic Asocciation “Lumos Foundation Moldova”
PA “La Strada”Public Association International Center for Women Rights Protection and Promotion “La Strada”
SENSpecial Education Needs
SLIState Labour Inspectorate
STISexually transmitted infections
UNDPThe United Nations Development Program
UNFPAThe United Nations Population Fund
UNICEFThe United Nations Children’s Fund
USAUnited States of America
USAIDThe United States Agency for International Development
UN WomenThe United Nations Entity for Gender Equality and the Empowerment of Women
WHOWorld Health Organization
I.General measures of implementation of United Nations Convention on the rights of the child (articles 4, 42 and 44, paragraph 6)5
II.Definition of the child7
III.General principles (Articles 2, 3, 6 and 12)7
IV.Civil rights and freedoms (Articles 7, 8, 13-17 and 37 (a))12
V.Family environment and alternative care (articles 5, 9-11, 18, paragraphs 1 and 2; 19-21, 25, 27, paragraphs 4 and 39)13
VI.Basic health and welfare (articles 6, 18, paragraphs 3, 23, 24, 26, and 27, paragraphs 1-3)21
VII.Education, leisure and cultural activities (Articles 28, 29, 31)30
VIII.Special protection measures (Articles 22, 30, 32-36, 37 (b)-(d), 38, 39 and 40)34
1.The combined fourth and fifth periodic report on the implementation by the Republic of Moldova of United Nations Convention on the Rights of the Child contains data and information for the period between 1 January 2009 and 31 December 2014. A cross-sector working group was set up to draft the report. This group consisted of representatives of the Ministry of Labour, Social Protection and Family, Ministry of Economy, Ministry of Finance, Ministry of Justice, Ministry of Internal Affairs, Ministry of Foreign Affairs an European Integration, Ministry of Defence, Ministry of Education, Ministry of Culture, Ministry of Health, Ministry of Youth and Sports, Ministry of Information Technologies and Communications, General Prosecutor’s Office, National Bureau of Statistics, Bureau of Interethnic Relations, National Employers’ Confederation, National Confederation of Trade Unions, Congress of Local Authorities, National Social Insurance House.
I.General measures of implementation of United Nations Convention on the rights of the child (articles 4, 42 and 44, paragraph 6)
( also referring to CO 7-24)
2.The following regulatory acts that impact the CRC (Table 1) implementation were developed during the reporting period.
3.In 2014, the Association Agreement between EU and the Republic of Moldova was signed, having a new chapter which emphasizes Cooperation for the Protection and Promotion of the Rights of the Child (Chapter 27).
4.Taking into account the external assistance and cooperation with civil society, a number of projects founded by World Bank, European Union, United States of America, Council of Europe and cooperation and development agencies of the EU countries among which Sweden, United Kingdom, Czech Republic, Austria, Italy, Norway, Switzerland, France , Romania, Estonia, Lithuania, etc., and international organizations such as UNICEF, USAID, UNDP, UN Women, UNFPA, World Health Organization, International Organization for Migration, International Labour Organization, Soros Foundation, OAK Foundation, Terre des Homes were implemented during the reporting period or are under implementation.
5.In February 2010 the Coordination Council of External Assistance was established as an advisory body responsible for programming and monitoring projects and programs in the field of labor and social protection, which shall meet every three months as a rule and chaired by the minister of labour, social protection and family.
6.Also note the close cooperation with a number of non-government organizations working for the protection and promotion of the rights of the child (Table 2).
7.In order to ensure transparency in decision making and efficiency of communication with civil society organizations, all draft regulatory acts are consulted in thematic working groups, as well as online through the website www.particip.gov.md.
8.National network of community social workers has been strengthened and more than 1100 persons were trained and employed during the reporting period.
9.Within the reform of the residential child care system during 2009-2014, 23 residential institutions were closed and the number of children in residential system has decreased from 8983 to 2885. The objective aimed to prevent separation of children from their family and continue the children deinstitutionalization process with a special emphasis on children under 3 years old and children with special needs was included among the three overall objectives of the Child Protection Strategy for 2014-2020.
10.A core element of the integrated social services system (the development of which started in 2008) is the development of social services alternative to institutional care of children at risk and children separated from their parents, recording a positive dynamics in the development of these services.
11.The service of community mediator in the villages and towns inhabited by Roma people only or by mixed population was established in 2013 (Section 31).
12.Four regional social centers for assistance and protection to people living with or affected by HIV/AIDS (Chisinau mun, Balti, Comrat, Tiraspol town) were opened in order to provide psychosocial services, promote healthy lifestyles, social inclusion and improve adherence to antiretroviral treatment.
13.Pillar VI of the Justice Sector Reform Strategy 2011-2016 consists of 5 strategic directions: 1. Strengthen the role of the Constitutional Court; 2. Strengthen the capacity of the HRC and the Ombudsperson’s institution; 3. Strengthen the justice system for children; 4. Observe the rights of detainees; eradicate torture and ill-treatment; 5. Strengthen probation and penitentiary system.
14.NCPDP continued its work, which is a government and advisory body, consisting of the heads of line relevant central public authorities, representatives of international and nongovernmental organizations. District/municipal councils on child rights protection also operate. Deputy chairmen of district/municipal councils on child rights protection are appointed in each district.
15.In order to monitor and enhance the quality of social services provided, including children at risk and children separated from their parents, in 2011 the Social Inspection was established and in 2013 — NCASSP.
16.Under the Law 140/2013, at community level guardianship authority positions were expressly assigned to the mayors of the respective settlements, and the child protection specialist position was established at the level of each mayor’s office in order to support them when performing job duties.
17.New indicators on access to education, protection of children left without parental care, juvenile justice, etc. were developed. Indicators disaggregated by age and ethnicity were available in the Population and Housing Census conducted in 2014.
18.To improve the access to statistics on the situation of children, the statistical thematic publication “Children of Moldova” is developed for five years, divided into nine compartments that contain data with respect to demographics, child health, education, crime juvenile, social protection, family, etc. At the same time, information notes on “The Situation of Children in Moldova”, “Youth in Moldova”, “The level of crime in Moldova”, “The situation of people with disabilities in Moldova”, etc. are developed every year. Basic indicators on the situation of children can be found on the official website of the NBS (www.statistica.md ).
19.MLSPF developed the “Social Assistance” Automated Information System which contains functionalities on case management of children at risk and children separated from their parents, including childcare in all social services. Automated Information System to be implemented during 2015-2020 and its data analysis will enable the adjustment of the child protection policy, more effective monitoring of the functioning of the child protection system as a whole and supervising the activity of each specialist.
20.The Ombudsperson for protection of child rights continued her work, even after the Ombudsperson’s Institution reform in 2014, being the only specialized Ombudsperson, that was kept and assisted by a unit consisting of four specialists from the Ombudsperson’s Office.
21.With reference to the dissemination of CRC provisions during 2012-2013, the child protection specialists from territorial social assistance and family protection structures, all community social workers and mayors (over 1700 persons) were trained. During 2013-2014, over 5500 employees from the education field were trained during 34 seminars on CRC (Table 3).
22.In 2008, the previous periodic report on implementation of the CRC submitted to the UN Committee on the Rights of the Child was available for information on MLSPF web site and the concluding observations of the Committee on this report were translated into Romanian with the support of UNICEF and presented during a NCCRP meeting.
II.Definition of the child
23.According to the FC, every person is considered to be a child until the age of 18 and his/her full legal capacity under Civil Code shall commence at the date when the individual becomes major, that is, at the age of 18 years — statistics on the number of children are shown in Table 4. This rule has two exceptions: attribution of full legal competence (emancipation) to a child and marriage — both being able to be performed by children who have reached the age of 16 and meet a series of legal requirements for this.
III.General principles (Articles 2, 3, 6 and 12)
( also referring to CO 25-32)
3.1Non-discrimination (Article 2)
24.Article 3 of the Law No 338 of 15 December 1993 on Child Rights stipulates that “All children shall have equal rights irrespective of race, nationality, ethnic origin, gender, language, religion, beliefs, wealth or social origin”.
25.On 25 May 2012 the Parliament of the Republic of Moldova passed the Law No 121 on Equality in order to prevent and combat discrimination and ensure equality of all persons from the territory of the Republic of Moldova in political, economic, social, cultural and other spheres of life.
26.The Council on the Prevention and Elimination of Discrimination and Ensuring Equality was established by this law. This is a collegial body with public-law legal entity status, created to ensure protection against discrimination and equality of all persons who consider themselves victims of discrimination. The Council acts in full independence and impartiality from state authorities.
27.In order to implement the UN Convention on the Rights of Persons with Disabilities (ratified by the Republic of Moldova in 2010), the Strategy of Social Inclusion of Persons with Disabilities (2010-2013) was adopted by Law No 169/2010, and Law No 60 of 30 March 2012 on Social Inclusion of Persons with Disabilities, which contains, inter alia, provisions on equality and nondiscrimination of persons with disabilities, was adopted in 2012.
28.The Program of inclusive education development in the Republic of Moldova for 2011-2020 (GD No 523 of 11 July 2011), which aims to facilitate school inclusion of children with different disabilities in mainstream schools, is under implementation. This implicitly assumes the accessibility of education and training institutions by applying assistive techniques and technological innovation.
29.In order to ensure more effective adherence to the principle of the best interests of the child for adoption, to optimize the legal basis on implementation of adoption procedures by the central authority in the field of adoption in the Republic of Moldova and improve legal provisions in terms of non-discrimination, the draft Law on Amendments and Addenda to some Legal Acts was developed and adopted. Consequently, a number of discriminatory provisions of the Law No 99 of 28 May 2010 on the Legal Regime of Adoption, particularly medical contraindications of adopters and the list of serious diseases which allow the immediate intercountry for adoption of children for adoption, were excluded.
30.The Action plan for supporting the Roma population in the Republic of Moldova for 2011-2015 was approved by GD No 494 of 08 July 2011.
31.The service of community mediator was established in 2013. Community mediator identifies and assesses the needs of beneficiaries; informs them about the regulatory framework and existing services in social assistance, education, health, labor market etc., the possibilities to benefit from these services and coordinates together with local government support activities for beneficiaries to access these public services. 24 persons were employed and worked as community mediators at the end of 2014.
32.The curriculum for the specialization of police employees on working with minorities was developed and approved and 56 police employees were trained. During 2013-2014, the National Roma Centre in partnership with GPI of MIA held a series of meetings on “Confidence Building between Police and Roma Communities”, attended by representatives of central and local public authorities, development partners, civil society and leaders of Roma and academics community, as well as activities aimed to inform Roma population about their rights and obligations provided by the law. Police authorities are involved, where appropriate, in support activities for family to prevent school dropout. Information campaigns were organized for Roma community on places financed from the state budget available in the MIA Police Academy and their participation in competitions for filling vacancies in home affairs bodies.
33.Joint measures to determine a mechanism for cooperation in the identification, evaluation and implementation of measures to protect children left without parental care were discussed in order to remedy the difficulties related to documents on the legal status and the situation of children left without parental care residing in Transnistria, issued by the self-proclaimed Transnistrian authorities within the Sectoral Working Group on social protection and humanitarian aid between Moldova and Transnistria issues.
3.2Best interest of the child (Article 3)
34.The Constitution of the Republic of Moldova expressly stipulates in Article 49 that:” The State shall facilitate, by economic and other such actions, the formation of a family, and the fulfilment of its assigned obligations. The State shall protect the motherhood, children and young people, by fostering the development of the required institutions. All the concerns aimed at maintaining, upbringing and educating the orphaned children and those deprived of parental care shall be devolved to the State and society. The State shall promote and support the charitable activities for the benefit of these children.”
35.In the Republic of Moldova, the general framework for the set up and operation of the integrated social service system, determining the duties and responsibilities of local and central public authorities, other legal entities and individuals empowered to ensure and provide social services, as well as protection of the rights of beneficiaries of social services is governed by the Law 123/2010, according to which social services are defined as an array of measures and activities carried out to meet person/family social needs in order to remedy the difficulties, prevent social exclusion and marginalization. The right to social services is determined individually based on assessing the person/family need. The Republic of Moldova is fully engaged in the process of harmonization of legal provisions to European values and standards and the UN Guidelines for the Alternative Care of Children. Thus, a number of regulations and minimum quality standards were reviewed for the organization and operation of social services for children at risk and children separated from their parents. The standards were reviewed with the view to align them to the concept of child-centered services. During 2013-2014, 11 local governments from the country were trained on the UN Guidelines for the Alternative Care of Children.
36.The Law No 129 on Accreditation of Social Service Providers (adopted in 2012), the Regulation on the Organization and Operation of NCASSP (approved by GD No 998 of 28 December 2012) and the Regulation on the Accreditation Procedure for Social Service Providers (approved by GD No 95 of 7 February 2014) aimed at enhancing the quality of social services.
37.Within the MoJ and UNICEF joint project “Ministry of Justice support to promote reforms in the field of juvenile justice”, the “Ensuring the rights of children in detention” curriculum for staff working with children in detention (16 hours for officers and 8 hours for non-commission officers) was developed.
38.In 2013, 5 training workshops on the topic “Juvenile justice: Standards and procedures, specific skills and knowledge for working with minors” (52 judges and 83 prosecutors being trained) and a training workshop on “Extension of alternative measures to detention for juveniles” (15 judges and 10 prosecutors being trained) were held.
3.3Right to life, survival and development (Article 6)
39.Law 338/1993 states that: “The State shall guarantee for every child the right to a standard of living adequate to his/her physical, intellectual, spiritual and social development. State shall act to help parents and others persons responsible for the education and development of children. Protection of children’s rights is ensured by the respective competent bodies and law enforcement bodies.”
40.GD No 1182 of 22 December 2010 approved the Regulation on the implementation of cross-sector cooperation mechanism in the medical and social field in order to prevent and reduce the infant mortality rate and under-five mortality rate at home. This Regulation is implemented by coordinating actions of structures in health and social protection of family and children at community and district/municipal level and centrally monitored by MoS and MoLSPF.
41.The Law No 140/2013 on Special Protection of Children at Risk and Children Separated from their Parents was approved, which envisages procedures for the identification, assessment, assistance, referral, monitoring and registration of children at risk and children separated from their parents and establishes the authorities and structures responsible for implementing these procedures. The law regulates more clearly the risk situations for children, which standardized the national procedures for registration of notifications and for assessment and recording of children at risk (Table 5).
42.For the first time, this law clearly stipulates that local and regional guardianship authorities from different administrative-territorial units and employees of central and local public authorities, structures, institutions and services within/or subordinated to them working in social assistance, education, health, law enforcement sector, are obliged to cooperate in child protection. Instructions on the cross-sectors cooperation mechanism for the identification, assessment, referral, assistance and monitoring of children who are victims or potential victims of child violence, neglect, exploitation and trafficking were approved by GD No 270 of 4 August 2014 in order to provide the institutional framework for the implementation of these provisions.
43.The implementation of this mechanism will strengthen national child protection system to identify assessment, referral, assistance and monitoring of children who are victims and potential victims of child violence, neglect, exploitation and trafficking; regulate and clearly specify duties of authorities/institutions with responsibilities in child protection; strengthen capacities of professionals with responsibilities in child protection; define and systematize sectoral procedures in education, health, police. During 2014, 556 professionals in social assistance, education, health and police from 29 districts, were trained on Law 140/2013 and 1323 specialists (members of multidisciplinary teams) from 8 districts of the country were trained on the implementation of the intersectoral cooperation mechanism.
44.There is an increase in the number of reported cases of children who are victims of domestic violence, according to Article 2011 of CP. In fact, this increase is due to the intensified measures to implement Law No 45 of 1 March 2007 on Preventing and Combating Domestic Violence (Table 6).
45.The Social service support for families with children under the Regulation and minimum quality standards for its organization and operation (GD No 889 of 11 November 2013 and GD No 780 of 25 September 2014) is under implementation. The service is organized on two levels of targeting: (i) primary — targeted to strengthen family environment, develop the skills of child care and education, develop social and emotional skills the child and (ii) secondary — targeted families with children at risk in order to reduce the factors affecting the health and development of children and to prevent child separation from family (including by granting monetary support).
46.Starting with 1 January 2009, families with children who are in a disadvantaged socio-material situation have the right to apply for social aid in accordance with Law No 133 of 13 June 2008 on Social Aid. The social aid is established by D/SSAFP from current place of residence on the basis of the information stated in the application for social aid. Its monthly amount is established as the difference between the monthly guaranteed minimum income of the family and the total income of that family.
47.According to Law No 1585 of 27 February 1998 on Compulsory Health Insurance, the Government of the Republic of Moldova is the insurer for all children up to the age of 18, pregnant women, women during the labor and women during the post-partum period, and mothers with four or more children.
48.Since 2005, the Family Friendly Hospital Concept is implemented by Order No 327 of 4 October 2005 “On the implementation of appropriate perinatal care technologies and improvement of anti-epidemic measures and control of nosocomial infections in the Family Friendly Maternities”. Currently, maternities are adjusted to European standards and their accreditation criteria are reviewed.
49.The Republic of Moldova met the WHO standards in 2008, lowing the ceiling for recording live births from 1000 grams to 500 grams at birth. The Republican Service of Newborns’ Diagnosis and Surveillance, which provides the possibility to ensure a proper development of the child, was developed in 2010 to reduce mortality and disability risk of premature newborns with low weight.
50.In connection with the health system adjustment to international and European standards of adolescents’ and youth health care according to their real needs, youth-friendly health services were developed. Now, a network of 38 Youth Friendly Health Centre operates and covers all administrative-territorial areas, all centers being financed by the compulsory health insurance fund.
51.According to the Education Code approved by Law No 152 of 17 July 2014, the compulsory education starts with the preschool group in kindergartens and ends with high school education or secondary or post-secondary vocational education. After the age of 18 it is no longer mandatory to attend an educational institution.
52.There are a number of NGOs in the Republic of Moldova actively promoting suicide prevention measures, especially AO “Altruism” and a number of religious charity organizations (Neovita, Regina Pacis, Diaconia, Caritas Moldova).
53.In 2012, AO “Altruism” inaugurated the “Anti-suicide Green Line” that comes with emotional support for people who are facing the suicide phenomenon. In two years over 700 people received emotional support, the service being available in the evening hours, 7-9 pm, via the anonymous chat on the site www.pentruviata.md.
54.In order to prevent traffic accidents, MAI has taken systematic measures to raise awareness of road users, both through information campaigns and the development of special operations patrol, that led after 2012 to a significant decrease in the number of children involved in traffic accidents and the number of road traffic accidents committed by children fault.
55.The national communication campaign “A house without dangers for your child” was launched in 2012 to increase awareness concerning the risk of injury of children at home and public awareness on the importance of looking after children and methods of preventing accidents to children, including traffic accidents.
56.Statistical data on child deaths due to diseases, accidents, crime and suicide are presented in Tables 7-10.
57.In order to respect the principle of the right to life, survival and development, CC regulates that minors and women shall not be subject to life imprisonment.
3.4Respect for the views of the child (Article 12)
58.The Report on the review of national policies on child and youth participation in the Republic of Moldova was developed with the CE technical support (http://www.coe.int/t/dg3/children/participation/PolicyReviewMoldova_en.pdf).
59.Children’s opinion was consulted with the CRIDC support during the development of the draft Child Protection Strategy for 2014-2020 and the development of the concept of organization and operation of the Free help line service for children.
60.By MoEd order No 136 of 26 March 2013, the Regulation of organization and operation of pupils councils and the Regulation for the National Council of Pupils, which meets four times a year and consult the Ministry on educational policies, were approved. Referring to pupils’ councils in schools, mention that they are composed of one representative from each class of pupils (Table 11). Also by MoEd Order No 331 of 30 April 2014, the Regulation of establishment and operation of the National Council of Pupils in schools and education and vocational colleges was approved, and by MLSPF Order No 157 of 10 October 2014 (similarly to the National Pupils Council), the Regulation of organization and operation of the National Children’s Advisory Council under the MLSPF was approved.
61.In 2013 and 2014, national tournaments on children’s rights were organized with the support MEd in order to encourage civic education teachers to support children’s groups to monitor CRC and submit reports to local authorities.
62.Starting with January 2012, during the implementation of a technical assistance project by PA P4EC in partnership with MLSPF, a model of child participation in decision making that affect them was developed, piloted and integrated in the local child protection system in 11 districts of the country along with the assessment, planning, development and support services for children, through the needs and opinions of children benefiting from these services. In this context, the concept of child participation and child protection policy was approved in every 11 districts for all professionals working with children and young people, who also were trained in the promotion of child participation. Also, Consultative Councils of Children (CCC) were established under the project at district level to monitor such services as: foster care, guardianship, community centers, family-type homes, inclusion in mainstream education of deinstitutionalized children with learning disabilities, etc. The reports prepared by children were submitted to D/SSAFP experts and decision makers. CCC members attend district councils meetings on child rights protection when discussing: the implementation of national strategies and programs for child and family protection; developing local programs and action plans on child and family protection, planning themed holidays for children.
IV.Civil rights and freedoms (Articles 7, 8, 13-17 and 37 (a))
( also referring to CO 33-39)
63.If we take into account the right to a name and nationality (Article 7), Preservation of identity (Article 8), Freedom of expression (Article 13), Freedom of thought, conscience and religion (Article 14), Freedom of Association and of peaceful assembly (Article 15), Protection of personal and private life (Article 16) — the current situation is the same as in the previously submitted reports.
64.Under the national legislation on adoption (Law 99/2010), in case of intercountry adoption of children from the Republic of Moldova it is mandatory to submit the declaration of the adopters that the adopted child has the right to keep citizenship of the Republic of Moldova until reaching the majority age.
65.During the reporting period, birth registration rate of children whose birth was recorded after 3 and 12 months decreased significantly in 2014, in both cases the rate ranked below 1% (Table12).
66.On 14 April 2012, the Law No 133 of 8 July 2011 on Personal Data Protection entered into force, aiming to ensure the protection of fundamental rights and freedoms of individuals with regard to the processing of personal data, in particular the right to inviolability of private, family and private life, the National Center for Personal Data Protection being established for this purpose as a control authority.
4.1Right of access to information (Article 17)
67.A significant increase in media sources (TV stations, radio and online information portals) was recorded during the reported period and the rate of population access to the Internet increased from 11.8 % to 39.8 %. All schools in the Republic of Moldova are equipped with computers and access to internet.
68.Statistics on public libraries for children and their subsidiaries, as well as libraries for children within educational institutions are presented in Tables 13-14.
69.In connection with the computerization and the increased access to different sources of information, a current concern is the protection of children from information in all existing media, which can cause negative outcomes for them in terms of their mental and moral integrity. This concern is among the directions of activity to achieve the objectives of the Child Protection Strategy for 2014-2020.
70.Law No 30 of 7 March 2013 on Children Protection against Information Negative Impact was adopted to establish criteria for determining public information with negative impact on children, the way of spreading, the rights, obligations and responsibilities of subjects that prepare or disseminate such information.
71.To prevent/minimize the possible negative impact of information on children in contact with the protection system, MLSPF approved and disseminated to competent authorities the Regulation on the way social assistance staff with competencies in child protection and local guardianship authorities communicate information that relates to children.
72.In 2012, the NGO “La Strada” launched www.siguronline.md information portal to inform and promote the safe use of the Internet by children and to grant them the specialists, parents and teachers support, which also deals with issues related to physical and psychological safety online, online reputation, identity and property.
73.Right of not being subjected to torture or inhuman or degrading treatment, including corporal punishment (Article 37 (a)).
74.According to Article 62 (2) FC “Parents shall not use any kind of abusive behaviour, insults, ill-treatment, discrimination or psychological or physical violence, corporal punishment involvement in criminal activities, teaching to abuse alcoholic beverages, to use drugs or psychotropic substances, gamble, beg or engage in other illegal activities in bringing up their children.”
75.For violent actions applied on children, Contravention Code 201/2008 and CC 985/2002 provide penalties that include fines, community service work or imprisonment.
76.During 2010-2014, the prosecution bodies received 163 notifications about cases of torture and ill-treatment involving children. Of which, in 2010 there were 33 notifications about ill-treatment of minors, in 2011 — 35, in 2012 — 39, in 2013 — 24 and in 2014 — 32.
77.Data on the number of programs implemented in MIA entities to prevent violence against children and all trainings conducted for the staff of these entities, following the MIA reorganization, are included in Table 15.
V.Family environment and alternative care (articles 5, 9-11, 18, paragraphs 1 and 2; 19-21, 25, 27, paragraphs 4 and 39)
( also referring to CO 40-49)
5.1Parent orientation/guidance (Article 5)
78.According to FC, the parents have equal rights and obligations towards children, regardless of whether the children were born in marriage or outside it, whether they live with their parents or separately. Parents have the right and obligation to bring up their children according to their own beliefs, whether they live together or separately. Parents are responsible for the physical, intellectual and spiritual development of children and have priority over any other person when it comes to their upbringing. Parents are the legal representatives of their children and act on their behalf in dealing with all natural and legal persons, including public authorities and courts, without the need for special powers. The rights of parents cannot be exercised contrary to their child’s interest. Parents cannot cause damage to the child’s physical and mental health. Parents will not use any kind of abusive behaviour, insults, ill-treatment, discrimination or psychological or physical violence, corporal punishment, involvement in criminal activities, teaching to abuse alcoholic beverages, to use drugs or psychotropic substances, gamble, beg or engage in other illegal activities in bringing up their children. All problems regarding the child’s upbringing and training shall be solved by parents, by common consent, taking into account the child’s interests and wishes. Parents bear duly responsibility if they exercise their rights to the detriment of the child’s interests.
5.2Parental responsibility (Article 18, paragraphs 1 and 2)
79.The Framework-Regulation on the organisation and operation of the support social service for families with children was approved by GD No 889 of 11 November in the context of preventing and/or overcoming risk situations to ensure the growth and education of children in family. The Service aims to support the development of family capacity in child education and growth by strengthening protective factors within the family and its connection to relevant community resources. One of the main objectives of the service is to strengthen parental skills and community awareness to early prevent possible risks, as well as family support to overcome the situations of risk and prevent child separation.
80.Note the increased systematic and diversified social benefits to families with children, aimed to improve the quality of life for families with children and reduce the risk for families with children to face difficulty (see paragraphs 197-198, 203-206, 207-208 , 213-214 of the Report).
5.3Separation from parents (Article 9)
81.In accordance with Law 140/2013, the guardianship authority from the jurisdiction where the child lives orders immediately the initial assessment of the situation by the community social worker with the involvement in the evaluation process of other specialists in healthcare, education, public order, and others, as appropriate.
(a)within a period of 24 hours, in cases where children are exposed to violence, neglect, vagrancy, begging and prostitution;
(b)immediately, in cases where it is found from the notification’s content the existence an immediate danger jeopardizing the child or in case of receiving information about children who are deprived of parental care and supervision due to parents absence from home due to unknown reasons; children who have been orphaned; children living on the streets, runaways or children expelled from their homes; children whose parents refuse responsibility, have abandoned them or have been deprived of the legal capacity by court decision.
82.If the initial assessment proves that there is an immediate danger jeopardizing the life or health of the child, then the guardianship authority in the service area of which the child lives immediately enjoins the removal of the child from parents or from the persons taking care of him/her, and informs the Prosecutor about it within 24 hours at most. Once the child is removed from his/her parents or carers, the local guardianship authority, taking into account the principle of subsidiarity, shall issue an order, requesting the emergency placement of the child (for a period of up to 72 hours with the possibility of extension of the placement to 45 days) in: a) the family of relatives or other persons with whom the child has an established close relationship in order to ensure the stability and continuity in the care, growth and education of the child; b) family-type placement service; and c) residential care placement.
83.It is extremely important to note that all cases of possible child separation from family shall be examined by the Gatekeeping Commission, which is a body set up in all local public administration authorities of level II, and without its positive endorsement the local guardianship authority cannot issue orders on the planned placement of the child. (GD No 1177 of 31 October 2007).
84.In 2014, the number of reviewed cases and the annual meetings held by Commissions increased about 6 times (Table 16) as compared with 2009 situation when the Commission was established, and the results of its work prove the need to continue developing, diversifying and increasing the quality of services to families with children and children in difficulty and national implementation of inclusive education programs.
5.4Family reunification (Article 10)
85.According to statistics presented by MIA, 4 children beneficiaries of humanitarian protection, originating from Syria were subject to integration programme in 2013.
86.In 2014, 12 children were subject to integration programme: 4 beneficiaries of refugee status from Uzbekistan, 3 beneficiaries of refugee status from Afghanistan, 4 beneficiaries of humanitarian protection from Syria, 1 beneficiary of humanitarian protection from Ukraine and 2 beneficiaries of refugee originally from Syria requested integration activities.
87.In accordance with Law 274/2011, the access of foreigners, holding the permit for temporary stay for family reunification, to the labor market through information on labor market opportunities, labor mediation services, orientation and training services and other employment services as required by law, with the enforcement of LC provisions, are made easily available. Foreigners holding the permit for temporary stay for family reunification; holders of the permit of permanent stay; foreigners who have one of the following forms of protection in the Republic of Moldova: refugee status, humanitarian protection, political asylum (including minors) also have access to education, health and social care under the same conditions as Moldovan citizens do.
88.The increasing migration from the Republic of Moldova had and continues to have a negative impact on family integrity and maintaining family ties. Unfortunately, there are no clear statistics on the number of children who left the country in order to reintegrate with one or both parents working abroad. For example, according to data submitted by MoEd in the Educational Information System, 56 children immigrated with their parents, without applying for expulsion in the academic year 2013-2014 and 112 children immigrated in the academic year 2014-2015. However, Italian authorities recorded about 20 000 children enrolled in schools, whose parents are from the Republic of Moldova. Obviously, not all these children were born or emigrated to Italy with their parents, it is known that Moldovan citizens often bring their children with them after obtaining the legal right to stay and work in Italy. The difficulty of collecting statistical data in this area is due to the fact that many Moldovan citizens have the citizenship of other countries, in particular Romania, and well as the free movement of Moldovan citizens in the countries of the Schengen Area due to visa liberalization in 2014.
5.5Recovery of maintenance (Article 27, paragraph 4)
89.In compliance with FC, avoiding the payment of child maintenance is a ground to deprive of parental rights and the failure to comply with payment deadlines can be penalized with 0.1% of the amount for each day of delay. According to Article 256 of the Civil Procedure Code, court judgments on child maintenance payment shall be enforced immediately. The deliberate non-enforcement or the evasion from the enforcement of a court judgment is subject to administrative (Article 318 of Contravention Code) or criminal (Article 320 of CC) liability. Following the reform of court judgments enforcement system in 2011, 21.7 thousand writs of enforcement on the collection of maintenance payments were taken from state bailiffs. During 2011-2014, the number of new writs of enforcement received by private bailiffs ranged between 6.4 and 5.8 thousand and the number of enforced judgments ranged between 1.7 and 2.2 thousand, with about 25 thousand writs being under review at the end of 2014.
90.In accordance with Law No 198 of 26 July 2007 on State Guaranteed Legal Aid, foreigners and stateless persons who cannot afford paying for services (legal advice, hiring a lawyer) can benefit of state-guaranteed legal aid in proceedings or cases that fall within the competence of public authorities and the courts of the Republic of Moldova.
91.Unfortunately, there is no statistical evidence on the requests for maintenance recovery, submitted from abroad to Moldovan competent authorities, as well as applications forwarded from Moldova to the courts of other states.
5.6Children deprived of family environment and parental care (Article 20)
92.A national quantitative study on the situation of children, whose parents are abroad, conducted in 2012, and the information provided by educational institutions, healthcare facilities, police, local authorities and social assistance identified at the national level 105270 children affected by migration: 21625 children whose parents/only parent are abroad; 53695 children whose father is abroad; 29950 children whose mother is abroad.
93.The study proved the need to include a particular article in the draft Law on Special Protection of Children at Risk and Children Separated from Their Parents, according to which the parents/only parent who left for abroad for more than 3 months and whose children stay in the Republic of Moldova shall inform beforehand the local guardianship authority about the person who will take care of the children, the local guardianship authority should keep records of children whose parents/only parent left to work abroad. On the other hand, starting with 2014 the data on these children is submitted biannually to the local guardianship authority by the administration of educational institutions in every community, and, according to these data, community social workers assess the home situation of each child, based on an assessment questionnaire approved by MLSPF, which includes questions on living conditions of children, relationship with parents who are abroad, with caregivers, peers, child nutrition, the existence of cases of abuse, neglect or exploitation of children.
94.According to 2014 statistics submitted by the territorial social assistance and family protection structures, there were 44007 children whose only parent/parents were abroad (Table 17).
95.One of the specific objectives of the Child Protection Strategy for 2014-2020 is to “Reduce negative effects of the parents migration on children left in the country”. A number of measures will be taken to inform migrant parents and their children on the negative effects of migration on children and ways to mitigate them, counsel parents and children, continue to monitor the situation of children whose only/both parents are abroad and, if necessary, provide support and assistance, including to the persons who take care of the children.
96.In 2013, based on a curriculum and course material developed and approved by MLSPF, the functional capabilities of local authorities, namely of mayors, community social workers and child rights protection specialists from the D/SSAFP (more than 1700 people) were strengthened to identify, assess, assist, refer, monitor and observe children at risk and children separated from their parents.
97.According to data submitted by D/SSAFP, 3326 children left without parental care were taken under observation (as compared with 3101 children under observation in 2009). The main reason why children left without parental care is the termination of parental rights — 570 cases in 2014 as compared to 390 cases in 2009 (Table 18).
98.At the end of 2014, 41 residential institutions were in the residential system (3808 children), of which 36 (2447 children) were subordinated to MEd, where there were 2447 children, of which 1145 children were placed in auxiliary schools while over 11 thousand children were placed in 65 residential institutions for children at the beginning of the residential system reform in 2007 (Table 19).
99.The Social Services Reform was started through the National Programme on the development of an integrated social services system for 2008-2012, approved by GD No 1512 of 31 December 2008. In 2010, the Law on Social Services that regulates the general framework for the establishment and operation of the integrated social service system, determining the duties and responsibilities of local and central public authorities, was adopted. In 2011, a MLSPF Order approved the Classification of Social Services that covers all types of existing social services in Moldova, the regulatory framework for their operation, the types of services and groups of beneficiaries, indicative staffing lists. And the Law on Accreditation of Social Services Providers was adopted in 2012.
100.The alternative social service system of childcare, especially the foster care (including FTCH), guardianship/trusteeship service and community homes for children at risk and children with disabilities, etc. are actively developing with the development partners and NGOs support (Table 20).
101.During 2014, most of foster care service providers and centers for temporary placement for children passed the accreditation procedure of NCASSP and all providers of social services for children will be subject to this accreditation procedure during 2015-2016.
102.Besides continuing the deinstitutionalization of children, the Child Protection Strategy for 2014-2020 aims to stop gradually the placement of children under 3 years of age in residential institutions and to develop and implement a National Program on Parental Skills Development.
103.In 2009, in order to provide greater support for children left without parental care, who continue their studies after the age of 16, a range of social benefits provided to children/young people for food, housing, clothing purchase, etc. have been substantially increased and diversified (GD No 870 of 28 July 2004).
104.At the same time, MLSPF supported the implementation of some local projects in order to provide support to children who graduated residential institutions, in particular with regard to vocational guidance and prevention of trafficking and exploitation.
5.7Adoption (Article 21)
105.To align the national legislation to the Hague Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption, the Law on the Legal Regime of Adoption was adopted in 2010.
106.According to the legislation, all intercountry adoptions of children residing in Moldova shall be accepted by the Moldovan courts.
107.In order to implement the Law 99/2010, the following acts were approved:
(1)GD No 550 of 22 July 2011 approving the Regulation on the procedure for accreditation and operation of foreign organizations having duties in intercountry adoption in the RM and the list of services and activities they can carry out in the field of inter-country adoption. According to the procedure established in 2014, the accreditation of 16 foreign organizations with duties in the field of intercountry adoption in Moldova from the following countries: Italy — 10, USA — 4, Spain — 1 and Switzerland — 1, was extended.
(2)GD No 560 of 25 July 2011 establishing the Advisory Board for Adoption and approving the Regulation of its activity. The Advisory Board is established to ensure transparency of the process of prior matching of adopters with children for adoption during intercountry adoption procedures and prevent abuse in decisions to separate the brothers through national or intercountry adoption. The Advisory Board is attended by 9 members: 2 representatives of MLSPF, a representative from MoH, MoJ, MoEd, MFAEI, CRIDC, PA “CCF Moldova” and the Ombudsperson for Children’s Rights.
(3)Regulation on the evaluation procedure of moral guarantees and material resources of prospective adoptive parents (approved by MLSPF Order No 285 of 23 June 2011).
(4)The specimen of the Report on child for adoption situation (approved by MLSPF Order No 309 of 11 August 2011), is a systematized and standardized document with international requirements, which allows to keep the necessary and sufficient information about the child’s history, state of health, psycho-emotional profile of the child.
(5)The grid and the appraisal form of the adopter’s dossier to carry out prior matching during intercountry adoption procedures (approved by MLSPF Order No 2851 of 23 June 2011), which aim to ensure transparency in the selection of the adopter suitable for the child for adoption, relying on a set of measurable and comparable indicators, such as: parental skills of the adopters based on supporting documents, social and family environment of the adopter, appropriate material support (depending on the special needs of children for adoption).
(6)The specimen of the post-adoption assessment report on the child’s situation (approved by MLSPF Order No 92 of 30 June 2014) containing information concerning: the living conditions of adopted children; the current situation of the child (physical, cognitive, emotional development and educational and social integration); family environment and the relationship between the child and the adoptive parents, brothers/sisters, extended family members and/or other members living in the same home, peers, including classmates, teachers, community members; identified difficulties and resources.
(7)The specimen of the certificate of conformity of intercountry adoption (certificate issued under Article 23 of the Hague Convention on Protection of Children and Cooperation in Respect of Inter-country Adoption) was approved by MLSPF Order No 310 of 11 August 2011.
108.According to Law 99/2010, the competent authorities in the field of adoption should take all the necessary measures to prevent financial or any other illegal gains, that could be obtained during the adoption process and to curb any actions that contravene the objectives of the Hague Convention and the national legislation on adoption.
109.The Law No 99/2010 introduced new conditions to determine the child for adoption status which mostly caused some gaps in the national and intercountry adoption, requiring a transition period to adapt the administrative and institutional framework. If compared with the previous reporting period, the decreasing number of adoptions both national and intercountry is due not so much to the new legal framework in the field of adoption (adopted in 2010), but to the reforms as a whole of the entire child protection system, which had a positive impact on prevention of abandonment and separation of children from parents and family reintegration of children separated into the birth or extended family (Table 21).
110.At the same time, note that children for adoption profile also changed, most of them are children with special needs, while international and, particularly, national adopters prefer to adopt very young or preschool age children without or having minor health problems (Table 22).
5.8Illegal actions of children’s placement/transfer and prevention of their return(Article 11)
111.During the reporting period there have been 30 requests for return of children from and in the RM under the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction. The number of requests is expected to increase in the future, given the increasing cross-border mobility of the population and the extent of migratory movements for work or study purposes (Table 23).
5.9Abuse and neglect (Article 19), including physical and psychological recovery and social reintegration (Article 39)
112.In order to implement Law No 45 of 1 March 2007 on Preventing and Combating Domestic Violence, Instructions on the intervention of DSAFP, healthcare facilities and internal affairs bodies in cases of domestic violence were approved in 2012 by the joint Order of MLSPF, MoH, MIA. Six regional workshops on the implementation thereof were organized.
113.The Law 140/2013 provided the national legal basis that establishes the obligation of local and central public authorities, structures, institutions and services, within or subordinated to them, working in social assistance, education, health protection, law enforcement bodies, to send to the competent guardianship authority notifications on children at risk, as well as cases of abuse, neglect or exploitation of children in social services, health, educational, cultural facilities, to work with multidisciplinary teams during the initial and complex assessment of the child situation at the request of the local guardianship authority, and to develop and implement the customized care plan, carry out measures to prevent risk situations for children. In order to implement the concerned provisions, Guidelines on intersectoral cooperation mechanism for the identification, assessment, referral, assistance and monitoring of child victims and potential victims of violence, neglect, exploitation, trafficking, which target the professionals responsible for child protection (social workers, teachers, doctors, police officers) were approved by GD No 270 of 8 April 2014. The joint Order of MLSPF, MoH, MoEd, MIA approved the Notification sheet of suspected case of violence, neglect, exploitation and trafficking of children — a unique and national referral guardianship authorities instrument, containing a standardized list of indicators and signs of violence, neglect, child exploitation.
114.According to statistics, 8705 children at risk, of which 1641 children who were subject to violence, 5083 neglected children, 245 children involved in vagrancy and begging, 118 children who live on the streets, escaped or were chased from their home were under the local guardianship authorities observation during the first year of Law 140/2013 implementation.
115.At the end of 2011, Moldova ratified the Council of Europe Convention for the Protection of Children against Sexual Exploitation and Sexual Abuse, followed by a number of amendments and addenda to the CC, CPC and FC to adjust the national legal framework to the provisions of the concerned Convention.
116.In 2012, Methodical instructions on internal affairs divisions’ intervention in the prevention and resolving of domestic violence cases approved by MIA Order No 275 of 14 August 2012. As a result, a person is appointed in every police station (head of Community Interaction Service) responsible for the implementation of legal provisions, cooperation with other relevant authorities, situational analysis, keeping the aggressors register, management of documents regarding the issuance and supervision of the restraining order.
117.During 2013-2014, police employees trained on best practices for effective communication with children.
118.In 2014, CPC was filled with the notions “hearing room” and “viewing room”, “interviewer”, the number of interviews of minors limited and the suspect excluded from the list of persons present in the viewing room. In 2013, hearing rooms spaces for children identified and appointed in 7 territorial Prosecutor’s Offices (about 1/6 of the required number), 22 Courts (about half of the required number) and 8 police departments (about 1/7 of the required number).
119.The assistance to child victims of abuse, violence and neglect is provided by NGOs: NCCAP and “La Strada” International Center, where children benefit of social and psychological assistance, accompanying during legal proceedings, legal assistance, intervention in crisis (Table 24).
120.In 2014, the draft regulation on the organization and operation of the support center for child victims and witnesses of crimes was developed and a highly specialized service subordinated to MLSPF is going to be established.
121.According to the Code of Administrative Offences, the failure or improper fulfillment of the child maintenance, education and training obligations by parents or persons replacing them, shall be punished by a fine of 5 to 25 conventional units or unpaid community work up to 40 hours (Table 25).
122.An important step to protect children from violence, neglect, exploitation and trafficking is the establishment in June 2014 of the free help line for children, which is managed by MLSPF and provided by the International Center “La Strada”. The service is available at the single national number 116 111, free for users of all fixed and mobile operators from Moldova, working 24/24 and being confidential and anonymous. During June-December 2014, Child Helpline recorded 15 549 calls (this number includes all incoming calls, including beeps, mute calls). Of the total number of 1493 assisted calls: 802 are single calls, 406 are repeated calls, 447 callers were children and 355 — adults. Most calls were calls for information — 136, followed by calls for psychological counseling — 123, in 30 cases the callers reported cases of domestic violence and in 27 cases — violence outside the family. There is also a large number of test calls — 325 (Table 26).
123.Under the GD No 1182 of 22 December 2010, the inter-sector cooperation mechanism in the medical and social field in order to prevent and reduce the child mortality rate and under-five mortality rate at home approved. In 2011, trainings were carried out for national trainers and all family doctors, family nurses, community social workers, police officers from 4 pilot districts, and during 2012-2013, republican seminars were organized and attended by responsible persons for the implementation of the mechanism of cooperation in administrative territories, to disseminate the experience gained in the pilot districts.
124.In November 2013, the Communication Strategy for Preventing and Combating Violence Against Children in Moldova approved in partnership with UNICEF.
125.Based on the mechanism of repatriation of children victims of trafficking in human beings, illegal migrants trafficking and unaccompanied children, approved by GD No 948 of 7 August 2008, the MLSPF organized 124 missions during January 2009-December 2014, a total of 273 children being repatriated (118 girls and 155 boys). The majority of children were repatriated from the Russian Federation and Ukraine. Of the total number of repatriated children, 7 were victims of trafficking in human beings, the rest being abandoned at birth or neglected by parents (Table 27). 124 children were reintegrated after the repatriation into their birth or extended families and others placed in temporary placement services (placement centers, foster care, FTCH) and 55 repatriated children remain placed in these services at the end of 2014.
5.10Periodic verification of placement conditions and needs
126.The evaluation, assistance and monitoring process of the situation of children at risk and children separated from their parents is performed according to the procedure of case management, which provides, among others, the development of an individual care plan for the child and the indication of the term for review of implementation thereof. Usually, there is a 6 months term but it may be less, depending on the specific situation of each child.
127.As regards the long-term placement of children in residential institutions, in most cases the placement was reviewed when the transformation of these institutions was initiated, and was conducted mainly with the support of development partners.
128.The implementation of the Child Protection Strategy for 2014-envisages re-evaluation of the situation of all children placed in residential institutions, development of individual assistance plans in terms of their deinstitutionalisation or release from the residential care by children who graduated from the lower secondary education.
129.As for the hospitalization of children separated from their parents, note that once the mandatory health insurance system was implemented is not possible to place and maintain in medical facilities patients, including children, without the confirmation by practitioners of the need for hospitalization and in-patient treatment in a health care facility.
VI.Basic health and welfare (articles 6, 18, paragraphs 3, 23, 24, 26, and 27, paragraphs 1-3)
( also referring to CO 50-59)
6.1Survival and development (Article 6 (2))
See 4.3. Right to life, survival and development.
6.2Children with disabilities (Article 23)
130.In 2014, 183953 persons with disabilities were registered in Moldova, of which 13446 were children: 5687 children with severe disability, 5652 children with advanced disability and 2107 children with medium disability. During the reporting period, the number of children with disabilities decreased with 1800 (about 12%), but the correlation between the number of children with disabilities and the total number of children did not changed (1.8%) — (Table 28).
131.In the context of implementing the Action Plan of the Strategy for Social Inclusion of Persons with Disabilities 2010-2013 (approved by Law 169/2010) and adjusting the national legislation to the EU standards and UN Convention on the Rights of Persons with Disabilities, Law 60/2012 on the Social Inclusion of Persons with Disabilities was approved, which provides for the rights of persons with disabilities, on an equal basis with other citizens, to: social protection, health care, rehabilitation, education, employment, public life, physical environment, transport, technologies and information systems, communication and other utilities and services which are available to the general public.
132.Law 499/1999 on State Social Allowances for Some Categories of Citizens, envisages state social allowances for persons with disabilities, including children with disabilities, who do not qualify for the right to receive a pension from the state social insurance budget. The average amount of social allowances for children with disabilities increased by 54% (Table 29).
133.In 2013 and 2014 respectively, children who received state social allowances (except for care, support and supervision allowances, listed below) will receive a state financial support, amounting to MDL 50 per month in 2013 and an average of MDL 133.3 in 2014, so that the total increase in 2014 of the average amount of state social allowances for children with disabilities (including the state financial support) is 105.5% as compared to the amount in 2009.
134.At the same time, the Law 499/1999 provides allowances for care, support and supervision of persons that take care of a child with severe disabilities, in 2014, 5687 children received these allowances. The average amount of these allocations doubled, in 2014 constituted MDL 598.75 as compared to MDL/monthly 300 in 2009-2012.
135.Starting with 1 April 2014, the amount of collocations are set out in the size of a certain percentage of the minimum pension amount for persons with severe, accentuated and medium disabilities or the minimum old age pension.
136.According to Law 60/2012, children with disabilities and persons accompanying a child will disabilities will be compensated from the local budgets for urban, suburban and interurban public transport, the average amount of which is MDL/monthly 36, which was not increased over the last 5 years due to the lack of financial resources.
137.Vulnerable people (including families who support children with disabilities) receive annually on request a material aid from the Republican Fund and local funds for social support for the population. During the reporting period, the number of aid granted decrease by 31.8% (from 14504 to 9989 aids), which shows a better targeting of beneficiaries, given the increase in the average size of the material assistance by 74% (Table 30).
138.GD No 936 of 8 October 2010 approved the Framework Regulation and Minimum Quality Standards for “Community Home” social service, which provides permanent care for persons with mental disabilities and develops their self-service abilities. In Moldova there are 11 “Community Home” services for the 73 beneficiaries.
139.GD No 722 of 22.09.2011 approved the Framework Regulation and Minimum Quality Standards for “Mobile Team” social service which is a specialized social service for people with severe or medium disabilities (especially children with disabilities), which provides social assistance and home-based support for the beneficiary in accordance with his/her identified needs, as well as counseling and support for people who look after them, in order to increase his/her independence and social integration. At the end of 2014, 18 “Mobile Team” services were operating at local level (of 35 required) and providing assistance to 369 beneficiaries.
140.GD No 314 of 23 May 2012 approved the Framework Regulation and minimum quality standards on the organisation and operation of the “Personal Assistance” social service. The service aims to provide assistance and care to children and adults with severe disabilities, help them having a more independent life in their own home and community. This service gave the status of employee to a family member who look after a person with severe disabilities, so that caregivers can access social and health insurance system. At the same time, this service prevents directly the institutionalization of children with severe disabilities. Since its establishment, 1340 personal assistants were employed and are working now.
141.GD No 413 of 14 June 2012 approved the Framework Regulation and Minimum Quality Standards on the organisation and operation of “Respite” social service, which is a specialized social service offering placement and assistance to people with severe disabilities for maximum 30 days a year, a period when families and persons who look after them can rest or solve personal matters. This service recorded an increase during 2012-2014, from 2 services (accessed by 19 beneficiaries) to 5 services (accessed by 177 beneficiaries).
142.GD No 333 of 14 May 2014 approved the Regulation on organization and operation of the interpretation in sign language service for hearing-impaired persons. The purpose of this service is to make easier the communication between the hearing-impaired person/persons and employees of various authorities/institutions/organizations. In 2014, the state budget paid to service providers about 14000 hours of interpretation, most beneficiaries of these services were children.
143.In Moldova there are 5 institutions that provide services for children with mental disabilities: 3 for preschool age children and 2 for children with severe mental disabilities from the age of 4. The number of children with mental disabilities placed in institutions decreased (Table 31).
144.Two residential institutions, the Placement and Rehabilitation Centre for Young Children from Chisinau municipality and the Temporary Placement Center for Children from Balti municipality, are subordinated to MoH. In residential sections of these centers are placed, on annual basis, over 100 children. The percentage of those suffering from various mental disabilities ranging between 8.8% and 17.1%.
145.The National Strategy and the Action Plan for the reform of the residential childcare system for 2007-2012 initiated the process of assessment and family reintegration of children and training in general educational institutions. GD No 523 of 11 July 2011 approved the Program for inclusive education development for 2011-2020, ensuring equal access to quality education for all children.
146.The number of children attending special educational institutions decreased by about 60% (from 3550 to 1500) due to the Reform of the residential child care system, respectively the prevention of institutionalization (Table 32).
147.Starting with 2013, an important reform in determining disability in adults and children is achieved through the transition from the medical model to the implementation of a medical social model. GD No 65 of 23 January 2013 approved the Structure and Regulations of the National Council for Determining Disability and Work Capacity and the Instruction on the determination of disability and ability to work, and by interministerial order of MLSPF, MoH and MoEd approved the criteria in determining disability in children.
148.To ensure social and cultural inclusion of persons with disabilities, MoC annually funds cultural projects submitted by Republican House of Culture of the Deaf of Moldova (MDL 521.9 thousand) and the National Centre for Information and Rehabilitation of the Blind’s Society in Moldova (MDL 1342.8 thousand).
149.The Republican House of Culture of the Deaf of Moldova is the single center of creative development for persons with hearing and speech impediments. The institution holds concerts, contests, cultural and educational programs, various creative and training circles for children and adults, which are presented in sign language.
150.According to Article 22 of the Law No 939 of 20 April 2000 on Editorial Activity, MoC contributes to publishing of books for children and supporting young authors, publishing national books and supplementing the book collections of public, educational and specializes libraries. The National Centre for Information and Rehabilitation of the Blind’s Society in Moldova conducted actions to edit artistic literature, textbooks, other teaching and training materials in Braille and sound forms. The institution operates the (i) Specialized library, (ii) Sound recording studio (which created audio books and magazines on CD, in the volume of 20469 audio hours, 98 titles in 1070 copies, restored, digitized and recorded on CD 20 audio books from the library collection, collected and multiplied audio literature recorded in other studios and Internet), (iii) Small Braille printer (which edited Braille books and magazines, the volume of flat printed pages is 1677, 18 titles in 143 copies) and the (iv) Advisory Board for Sound and Braille Editing (geography and biology books for XI form were printed in Braille and the creation of a Moldovan writer for children (Spiridon Vangheli) created in Braille and audio version for primary forms, the Informative guide “New Editions” and other informative materials for workshops, round tables, competitions, training activities, libraries of specialized educational institutions, edited in Braille). Information assistance such as CD recordings of Braille books, JAWS program training courses, sound and Braille recordings of books and materials for studies, reading hours, etc. are provided by the Center to students and pupils with sight problems.
151.The specialized educational institutions from Chisinau municipality (Craft School and Technological Lyceum) beneficiate of “Specialized Library Promotion Day” programmes. These programmes informed children and young people about new editions and Center’s possibilities to edit the requested literature. The Center published 6 textbooks and 2 magazines articles in Braille, 62 textbooks and 17 magazines articles in sound form in the first half of 2014. The Republican School for Blind and Partially Sighted Children from Balti received 10 textbooks sound recordings.
152.21 residential institutions and special educational institutions closed. GD No 732 of 16 September 2013 established the Republican Centre for Psycho-Pedagogical Assistance and 35 Psycho-Pedagogical Assistance Services ranging all territorial administrative units of level II. 1190 professionals were trained in inclusive education.
153.About 3500 deinstitutionalized children were enrolled in 400 mainstream educational institutions in the academic year 2013-2014 as compared to 1604 children enrolled in 291 institutions in 2012.
154.Educational process individualized by implementing individualized educational plans for 2920 children in 2013, compared to 350 children in 2012.
155.According to the MoEd, 171 pupils with physical and sensory disabilities were enrolled in secondary vocational educational institutions in 2012. In 2013, 137 children with disabilities (39 with severe and advanced disability and 98 with physical and sensory disabilities) enrolled in secondary vocational educational institutions, 90 children with disabilities (82 with severe and advanced disability and 8 with physical and sensory disabilities) enrolled in colleges.
156.SIAAS is developed by the MLSPF with World Bank support, comprising an array of complex functionalities for recording and analyzing the situation of social assistance, including child protection and protection of people with disabilities.
157.In the context of strengthening the professional skills of the staff employed in social assistance system, MLSPF organized initial training during 2009-2010 (including the topic of protection of persons with disabilities) of all community social workers, specialists in persons with disabilities issues within territorial social assistance structures and social service managers (over 1800 persons).
6.3Health and health services (Article 24)
158.The compulsory health insurance system has been operating in the Republic of Moldova since 2004. All the expenses for mother and child health care at all levels of the health system are incurred by the Government, including the insurances of pregnant women and children under the age of 5 in out-patient facilities with the medication being 100% compensated for. About MDL 17.8 million granted for compensated medication for children aged between 0-5 years in 2013 (about 15.9 in 2012) and about MDL 3.8 million for pregnant women (MDL 3.7 million in 2012).
159.Activities within the Moldovan-Swiss “Modernization of perinatology in Moldova” project (phase II and III during 2008-2014 with a total budget of CHF 6.19 million) continued in order to enable an adequate standard of medical care in Perinatal Centers of all levels by strengthening professionalism, improving the efficiency of obstetrical service in hospitals and providing medical equipment to all maternities depending on the baseline.
160.The implementation of regionalization of perinatal care three level system in Moldova enabled each woman and newborn to have access to perinatal health care in appropriate health facility, depending on the health status of patients.
161.More than 1 million women of reproductive age from all over the country have access to improved perinatal health care services.
162.Law No 138 of 15 June 2012 on Reproductive Health, which guarantees and regulates the rights of people to reproduction, was adopted in the context of implementing the National Reproductive Health Strategy 2005-2015
163.Within the compulsory health insurance, people in the groups of medical and socially conditioned risks groups receive health devices and contraceptives with prolongated effect in order to reduce the number of unwanted pregnancies/abortion.
164.Statistical data review shows a downward trend in the number of births to mothers aged under 20 years, constituting 7.67% of all live births in 2014, compared to 9.9% — in 2009 (13.4% — in 2005) — (Table 33).
165.Regulation and Standards on safe voluntary interruption of pregnancy adopted during 2010-2011.
166.The share of abortions at 15-19 years is registering a downward trend reaching 7.4 per 1000 women of reproductive age in 2014 compared to 10.3 in 2009 (Table 34).
167.The small number of abortions up to the age of 15 remains stable, ranging from 13 cases in 2009 and 5 cases in 2014 (Table 35).
168.Maternal mortality rate is sinusoidal, reaching 15.5 per 100 thousand live births in 2014, reflecting a variety of structural factors both in the health and socio-economic sector. At the same time, maternal mortality rate remains about 3 times higher than the EU average (Table 36).
169.RM met the WHO standards in 2008, lowing the ceiling for recording live births from 1000 grams to 500 grams birth weight.
170.The Republican Service of Newborns’ Diagnosis and Surveillance was set up in 2010 in order to reduce mortality and disability risk of premature newborns with low weight.
171.Improve access and availability of quality perinatal services reduced perinatal mortality from 13 per thousand in 2009 to 10.7 in 2014 and early neonatal from 6.2 in 2009 to 4.5 per thousand in 2014 (Table 37).
172.In order to increase the chances of survival for children who need emergency medical services and reduce death rate, the Moldovan-Swiss “Regionalization of the Pediatric Emergency and Intensive Care Medical Services System in the Republic of Moldova” project imposed the implementation of a new reform (phases I-III during 2008-2017 with a total budget of CNF 17.97 million).
173.Strengthening and regionalization of pediatric emergency system of medical care in the country was carried out by: creating and equipping 3 reanimation and intensive care regional centers and 4 emergency sections; equipping 4 ambulances with modern medical equipment to transport children in serious condition, as well as their resuscitation; creating 3 centers of ongoing training for pediatric staff in intensive care and emergency.
174.An important component of the project is to increase awareness concerning the risk of injury of children at home and public awareness on the importance of looking after children and methods of preventing accidents to small children, including traffic accidents, the national communication campaign “A house without dangers for your child” with multidisciplinary approach was launched in 2012, being a partnership of MoH, MoLSPF, MoEd, MIA, local public administration.
175.KAP 2013 Study “Knowledge, attitudes and practices of people who look after children aged 0-5 years on domestic accidents” proved that the share of parents who monitor their children permanently (visual or auditory) increased considerably from 2009 to 2013: from 79.6% to 93.3% (Table 38).
176.The perception by the supervisor of risk of injury to the child at home as “high” and “very high” increased from 36% in 2009 to 49% in 2013.
177.Communication campaign promoted intoxication and poisoning prevention method which is to keep toxic household products in special cupboards (drugs, laundry detergents, bleach, bathroom cleaning products, personal care products that could be toxic). This method of prevention by parents raised if compared to 2009: drugs — from 67.9% to 80%, laundry detergents — from 37.4% to 58%, bathroom cleaning products — from 37.4% to 60% and poison mice — from 17.5% to 33%.
178.Tool and instruments storage, and gardening tools storage in a particular place where the child does not arrive, improved, figures rising from 74% to 82% and from 58% to 64% respectively.
179.Following the implementation of the regionalization of pediatric emergency and intensive care services, under-five mortality due to injuries and intoxications decreased from 1.6 ‰ in 2009 to 1.1 ‰ in 2014, and under-five mortality at home, due to the same causes, decreased from 0.8 ‰ in 2009 to 0.6 ‰ in 2014 (Table 39).
180.The specific objectives of the National Health Policy for 2007-2021 plan to promote universal salt iodization, prevent deficiency of micronutrients and, in particular, iron and folic acid through flour fortification. The National Program on eradication of disorders caused by deficit of iodine by 2015 (GD No 596 of 3 August 2011) and the National Program on reduction of affections caused by deficit of iron and folic acid by 2017 (GD No 171 of 19 March 2012).
181.National Program on prevention and reduction of child mortality through congenital malformations and inherited pathologies for 2013 — 2017 approved by GD No 988 of 5 December 2013 and directed towards improving the quality of medical services provided and increasing children survival chances, as well as (i) nationwide strengthening medical and genetic service by implementing new technologies for prevention and diagnosis, (ii) increasing the ability of physicians in prenatal and postnatal prevention and diagnosis, (iii) increasing institutional capacity in diagnosis and correction of congenital malformations and inherited pathologies and (iv) educating pregnant women and families in the prevention and recovery of congenital malformations and inherited pathologies.
182.Infant mortality at home, which is determined in most cases by social issues, remains an important question for Moldova. Most deaths at home target children from disadvantaged families, which show a low level of living and/or lack of knowledge of parents on childcare and a low degree of responsibility to the child’s health and life. In this context, the Cross-sector Cooperation Mechanism in the Medical and Social Field in order to prevent and reduce infant mortality rate and under-five mortality rate at home was implemented at community level starting with 2011.
183.Following the implementation of national programs and the above-mentioned mechanism, the infant mortality rate is below 10 %, being 9.6 % in 2014 if compared with 9.6 % in 2014, the rate of congenital malformations remains persistently high — they rank second in the infant mortality structure, accounting for about 30% (Table 40). At the same time, under-five mortality recorded a decrease from 14.3 % in 2009 to 11.7 % in 2014 (Table 41).
184.In 2012, nationwide extension of the network of Youth Friendly Health Centers was launched under the Moldovan-Swiss “Healthy Generation” Project in order to meet the young people’s needs related to accurate and current information and offer a full spectrum of available services and quality care for the youth and includes 7 components: (i) General health (endemic diseases, trauma, tuberculosis, hepatitis), (ii) Sexual and reproductive health (STI, contraceptives, pregnancy, abortion), (iii) Guidance and voluntary and confidential testing (GVCT) for HIV/AIDS and STI, (iv) Management of violence (including sexual violence), (v) Mental health services, (vi) Substance abuse (alcohol, tobacco and drugs) and (vii) Health guidance and information.
185.Youth Friendly Health Centers were established in all territorial administrative units of level II (38 Centers) by the end of 2013, all of which are contracted by the National Health Insurance Company. The volume of expenses for contracting these centers dropped from MDL 5 million to MDL 7.5 million in 2014 if compared with 2013.
186.GD No 934 of 4 August 2008 approved the Nomenclature of additional health services provided to children, pupils and students in educational institutions also to support the development of a healthy generation.
187.In 2013, the joint order of MoH şi MoEd approved a set of documents regulating the activity of health services in pre-university educational institutions, including the Quality Standards of this service.
188.GD No 1143 of 16 December 2010 approved the National Program for Prevention and Control of HIV/AIDS and Sexually Transmitted Infections for 2011-2015.
189.HIV/AIDS incidence among the youth (between 15 and 24 years) remained relatively stable, but far from the target indicator (Table 42).
190.About 80 new cases of HIV infection are recorded among pregnant women every year (in 2013, HIV-infected pregnant women gave birth to 74 children, 2012 — 90 children, 2011 — 76 children, 2010 — 74 children 2009 — 55 children). All children are provided with adapted dairy mixtures. The Government also grants specific, including complex prophylactic treatment.
191.Syphilis incidence among children (especially those aged between 15-17 years) is less increased from 54.9 per 100 thousand inhabitants in 2009 to 63.1 in 2014, registering also the level of 75.6 in 2013. Gonorrhea incidence among children is registering a downward trend (Table 43).
192.By GD No 1171 of 21 December 2010 was approved the National Program for Prevention and Control of Tuberculosis for 2011-2015.The number of children under observance and receiving assistance, including medical treatment, guidance, care and support, almost double (from 50 in 2009 to 93 in 2014) (Table 44).
193.There are progresses related to tuberculosis incidence among children, recording a rate among children of 59.6 per 100 thousand inhabitants in 2013, if compared to 83.0 in 2009 (Table 45).
194.By GD No 1192 of 23 December 2010 was approved the National Immunization Program for 2011-2015. Preventive vaccination coverage of children is stable at a high level of 90%-99% (Table 46).
195.Poliomyelitis combated and the country’s status maintained as free of poliomyelitis; diphtheria, measles and rubella epidemics stopped, achieving the elimination level of indigenous cases of these infections; tetanus morbidity and generalized forms of tuberculosis among children maintained at single incidence cases; mumps, hepatitis B, whooping cough morbidity substantially reduced.
196.GD No 730 of 8 September 2014 approved the National Food and Nutrition Program for 2014-2020 and the Action Plan for 2014-2016. Studies conducted in 2012 and 2005 reveal that the rate of exclusive breastfeeding until 6 months is decreasing, representing only 37% in 2012 comparing to 46% in 2005 and the rate of children suffering of physical stunting in 2012 is also decreasing, representing 6% compared to 8% in 2005. A number of indicators on the health of pregnant women and adolescents are reflected in Table 47.
197.The rate of families with children with access to hygienic sanitation facilities and drinking water is increasing from 42% in 2009 to 65.6% in 2014, with a pronounced increase in rural areas (Table 48).
198.According to the National Mental Health Program for 2012-2016, approved by GD No 1025 of 28 December 2012, in the context of mental health service reform, the emphasis is placed mainly on: decentralization of psychiatric system, development of community psychiatry and mental pathology multidimensional approach, deinstitutionalization of persons with mental pathology, establishment of the network of community mental health centers and integration of mental health in primary care, which will favor the mental pathology approach according to the needs of beneficiaries.
6.4Social security and social benefits (Article 26, Article 18 paragraph 3)
199.In accordance with Law No 289 of 22 July 2004 on Allowances for Temporary Work Incapacity and Other Social Security Benefits, women who are entitled to maternal leave (prenatal and postnatal) also receive maternity allowance, irrespective length of employment, granted fully to the 30th week of pregnancy, for a period of 126 days (140 days — in case of complicated deliveries or birth of two or more children, 196 days in case of pregnancies with three or more fetuses. The monthly rate of maternity allowance is 100% of average monthly income earned during the last 12 calendar months preceding the month of the materialization of the insured risk. Expenses on maternity allowance payment experienced an increase by over 90% in 2014, if compared to 2009 (Table 49).
200.GD No 1478 of 15 November 2002 stipulates that when a child is born, families with children benefit from:
(a)one-off childbirth allowance — in 2014 in the amount of MDL 3100 for the first child and MDL 3400 at the birth of each subsequent child, compared to MDL 1400 and MDL 1700, respectively, in 2009;
(b)monthly allowance for child raising until the age of 3 years, for insured persons, the amount of which in 2014 constituted 30% of average monthly income earned during the last 12 calendar months preceding the month of the childbirth, but not less than MDL 400, if compared to 2009 when it was 25% from the basis for calculation, but not less than MDL 250;
(c)monthly child benefits for taking care of children until the age of 1.5 years, for the uninsured, the amount of which in 2014 constituted MDL 400 if compared with MDL 150 in 2009 (Table 50).
201.In accordance with Law No 499 of 14 July 1999 on State Social Allowances for Some Categories of Citizens, children who lost one or both parents receive allowance for children in case of losing the breadwinner. The allowance is be granted if the deceased person did not qualify for the right to receive a social insurance pension. In 2014, the allowance amounted to MDL 167.83 (15% of the minimum retirement pension, set annually by the Government), compared to MDL 49 in 2009 (Table 51).
202.According to Law No 156 of 14 October 1998 on Public Social Insurance Pensions, children receive survivor’s pension (which is determined if the caregiver received a pension or qualified for the right to receive a pension under the Law No 156/1998), which is a percentage share from pension of the deceased caregiver: a) for one survivor — 50%; b) for two survivors — 75%; c) for three or more survivors — 100% (Table 52).
203.Starting with 1 July 2014, a state financial support in the amount of MDL 100 per month is granted to the children who receive survivor’s pension or state social allowances for loss of breadwinner.
204.According to GD No 198 of 16 April 1993, adopted children and those under guardianship/trusteeship will be granted a monthly allowance for care, which amounted to MDL 600 in 2014 if compared to MDL 500 in 2009 (Table 53).
205.Beneficiaries of family support service for families with children (GD No 889 of 11 November 2013) in the context of the planned actions to mitigate factors affecting child’s health and development, prevent child separation from family or prepare his/her reintegration in a family shall receive a monthly monetary support (MDL 500) for a period of 6 months or one-off monetary support (MDL 3000).
206.The service was developed in 17 territorial administrative units of level II during 2014 (of the existing 35) and 4917 families with children were assisted.
207.In the context of ensuring access to quality education for preschool children during 2010-2014, actions have been taken to revitalize preschool institutions, establish community centers in settlements that do not have such institutions and strengthen teaching and material base. These actions increased by 5.7% the number of preschool institutions — from 1362 in 2009 to 1440 in 2014 (327 — in urban areas and 1113 — in rural areas), including 145296 children — 15, 3% more than in 2009. The enrollment rate of children aged of 3-6(7) years in educational programs in 2014 is 83.8% — 5.3% more than in 2009.
208.In 2012, MLSPF developed the draft of the Social Service Decentralization Strategy, which seeks medium-term objectives as developing a national, unified and coherent system of: comprehensive assessment of social service needs in territorial profile; assessment of social services quality; establishment of a sustainable financing system; development of a national system of initial and continuous training, hiring, promotion and evaluation of human resources in social services.
209.For purposes to reconcile the family life with the professional work in order to ensure a harmonious growth and development of the child, The Child Rights Protection Strategy for 2014-2020 provides for the following: (i) support the reintegration of women with children in the professional work through (re)professionalization, facilitating nondiscriminatory access to credit lines, financial incentives; (ii) support the qualitative involvement of both parents in raising and educating children through joint fulfillment of obligations and parental rights; (iii) promoting awareness campaigns to combat prejudices about gender roles in family and society; (iv) ensuring flexible working arrangements for parents with preschool children; (v) development of available public services for care and education of preschool children, as well as mechanisms to encourage private service providers.
210.Law on State Budget provides every year funding to purchase summer leisure tickets for children. 55% of tickets are distributed for free to children at risk, children from low-income families and children placed in alternative care services, and 45% are distributed for NCTUM, for children of trade unions employees (Table 54).
6.5Standard of living (Article 27, paragraphs 1-3)
211.Absolute poverty rate decreased more than 2 times and the number of poor declined by almost half a million people — in 2009 absolute poverty rate was 26.3% and 11% in 2014 (Table 55).
212.Extreme poverty reduced almost entirely from 2.1% to 0.1% in 2014.
213.Living standards of families with children also considerably improved, the poverty rate among them decreased from 27.6% in 2009 to 12.7% in 2014. However, the level of poverty in this category exceeds the national average, reaching 24.9% for families with 3 or more children (Table 56).
214.Almost 80% of poor families with children live in rural areas, in most cases due to low incomes in the agricultural sector, insufficiency/absence of non-agricultural employment opportunities. 6% of urban children live in poverty, compared with 18% in rural areas. Households with children headed by men recorded higher rates of poverty than households with children headed by women (13.6% and 10.9% respectively).
215.Law No 133/2008 passed in order to target social benefits to the poorest and ensure a guaranteed minimum income to deprived families through social aid, set in accordance with the evaluation of the average total monthly income of the household and the need of its members for social assistance. The social aid is established by the D/SSAFP from current place of residence, based on the information given in the application for social aid, for a period not exceeding 24 months, and will be reviewed upon any changes that could affect the amount of social aid or every 6 calendar months after it is granted. Starting with 1 January 2011, a new benefit for deprived families to cover a part of the costs for heating in the cold season was introduced and orientated towards deprived families beneficiaries of social aid and families which have an average monthly income of 101% to 170% of the minimum guaranteed monthly income (Table 57).
216.There is also a better targeting of poor families with children who benefited from annual material aid and material aid for school supplies or on the International Children’s Day, with the number of beneficiaries decreasing, and the average amount of the material assistance increasing by 74% (Table 58).
217.In order support children left without parental care, who continue their studies at vocational and craft schools, specialized secondary and higher education institutions, according to GD 870 of 28 July 2004 they benefit, among others, of: material aid for clothing at the beginning of the school year, allowance for teaching materials, household inventory, personal hygiene items and drugs, expenses for food, allowance for pupils (students) without scholarships, compensation for rent, material aid at the end of the school year and upon graduation from the educational institution (Table 59).
VII.Education, leisure and cultural activities (Articles 28, 29, 31)
( also referring to CO 60-63)
7.1Education, inclusively vocational training and guidance (Article 28)
218.In accordance with the Education Code, Moldovan nationals have equal access to education and initial and continuous training through the national education system.
219.Due to financial and external technical assistance (Global Partnership for Education Project, UNICEF, Czech Development Agency), a number of integral actions have been carried out during 2010-2014 to improve preschool education system. Referring to the enrolment rate in preschool education see paragraph 205 and Table 60.
220.In the context of ensuring access to quality early education for all children, 80 preschool institutions were reopened; 553 preschool institutions were equipped with furniture and 87 — with playgrounds, 1440 preschool institution and 89 preschool groups in schools were equipped with teaching materials and books; 4 Rehabilitation Centers for children with special educational needs and 4 kindergartens, with inclusive practices were set up for about 120 young children with SEN. A program of technical and financial assistance granted by the Romanian Government in the amount of EUR 20 million to renovate and equip 800 preschool institutions started in 2014.
221.In order to enhance the quality of early education, “Education 2020” Strategy and Education Code legalized the activity of mentoring as an interactive process of guidance, learning, education and professional development support and assigns to the mentor the guiding role for other teachers or managers. Through a pilot mentoring program for early education system implemented by MoEd in 2013-2014, the following were achieved: (i) 30 national mentors who provide continuous training services trained, (ii) 3 training modules and 27 guidelines of education practices for teachers developed; (iii) 260 local mentors, 40 inspectors in mentoring and 7000 educators in implementing positive practices of early education trained; (iv) mentoring programs (individual and group) for 4000 teachers provided; (v) 130 mentoring centers in each administrative-territorial unit created in order to ensure the sustainability of mentoring programs.
222.About 200 teachers from 4 rehabilitation centers and 4 inclusive kindergartens for children with SEN trained. 926 community teams consisting of educators, nurses and social workers were trained based on the Guidelines “Communicate efficiently with family” to promote early education and inclusion of children with SEN among families with young children. Every teacher from early education provided with policy documents and methodological guidelines that promote child-centered pedagogy, child and education holistic approach, interactive methods of teaching/learning.
223.12334 preschool teachers have been working in 2014, 638 more than in 2009.
224.In 2014, the gross enrolment rate of children in primary and secondary education decreased by 1.1% and 2% respectively, if compared to 2009, representing 92.4% and 86.8% (Table 61).
225.In the context of educational institutions network efficiency and declining school population, 1374 primary schools, gymnasiums and lyceums have been operating in 2014 (138 less than in 2009), 35 pre-university educational institutions reorganized and 200 hub schools organized, that provided free transportation for pupils.
226.Since 1 January 2013, all state institutions of general primary and secondary education are funded on the basis of standard cost per pupil.
227.Functional characteristics of Education Monitoring Information System have been revised and adjusted in 2013 in order to improve the mapping system and national school census.
228.A number of methodological and teaching instruments in inclusive education, which became mandatory during the initial teachers training at higher and secondary specialized education approved by MoEd orders in 2011-2012.
229.1190 professionals were trained in inclusive education until 2014. The evaluation conducted by psycho-pedagogical assistance services identified 6268 children with SEN, of which 4183 children are studying under individualized educational plans, based on which 238 children graduated from the secondary school.
230.The orientation and career guidance of pupils from general education is done directly through the technical education, civic education and informatics subjects, as well as optional subjects from different fields and through master classes. In 2014, about 50% of IX form pupils studied “Professional fields” or “Career guidance” subjects at technological education.
231.GD No 97 of 1 February 2013 approved the Strategy and Action Plan on Vocational/Technical Education Development for 2013-2020, and GD No 892 of 12 November 2013 approved the Roadmap for the government’s actions in this area for 2013-2014 in order to develop a vocational training system that ensures the labor market with competitive human resources that meet the needs.
232.The gross enrolment rate of children in secondary and post-secondary technical vocational education increased to 23.2% in 2014 and 20.2% respectively, if compared to 20.3% and 15.2% in 2009. Following the network optimization of secondary technical vocational educational institutions, their number decreased by 15 units if compared with 2009, constituting 61 institutions in 2014, while the number of post-secondary technical vocational educational institutions has not changed significantly: 45 institutions in 2014 if compared with 47 in 2009 (Tables 62-63).
233.There is a 10% increase in the number of children involved in non-formal education system, which constituted 35% in 2014 (Table 64).
234.There have been no significant changes with respect to grade retention in lower secondary educational institutions, literacy rate and the average teacher/pupil rate (Tables 65-67).
7.2Goals of education (Article 29)
235.In order to develop a personality with spirit of initiative, capable of self-development, independent, open to intercultural dialogue in the context of national and universal values assumed (besides initiatives to raise the quality and efficiency of the education system set out in paragraph 7.1), a number activities were carried out during the implementation of the Consolidated Education Development Strategy for 2011 2015 and the Action Plan (MoEd Order No 849 of 29 November 2010): (i) approved the Grading Guidelines for all 28 school subjects, updating the regulations on the operation of district and central public authorities in the field of education, regulations on the operation of mainstream educational institutions, regulations of organization of the educational process, etc.; (ii) implementation of the child-friendly school model with the support of UNICEF; (iii) initiating the establishment of the National School Inspectorate; (iv) upgrading methodologies of final appraisal of the school achievements and increasing significantly the objectivity and relevance of the appraisal processes.
236.Since 2010, the educational process in pre-university institutions from Moldova is conducted based on a upgraded curriculum focused on training skills, including interpersonal, civic, moral skills taught through civil education discipline, which is compulsory for grades V to XII and consists of four modules: Person — a social being, Democratic Society, Law- Personal Protective Instrument, Life — Personal and Social Value, Personal Development and Career Orientation. The contents of all modules are taught from the perspective of human rights and the rights of the child. Three teaching auxiliaries were developed for teachers of civic education: “Teaching the child’s rights”, “From a positive personal identity to constructive interpersonal relationships”, “Community action and civic skills training”. The “Education for Human Rights” optional subject (grades VII and VIII) is available since 2011. Educational institutions conduct activities to promote and raise awareness on the International Day for Prevention of Child Abuse, Child Rights Day and Human Rights Day every year.
237.MoEd ensures the right to choose the language of education and training at all levels and stages of education. The right of citizens to education in their native language is ensured through the establishment of the necessary number of educational institutions, classes, groups, and their operating conditions. The process of development of curricula in the native or state language and/or studying the native language as a separate discipline continued in order to expand access to education for the representatives of national minorities. Educational materials are available for Russian, Ukrainian, Gagauz and Bulgarian languages. At the educational institutions, in which pupils whose native language is not the state one study, at primary and secondary levels the course “History, traditions and culture of the people (Russian, Ukrainian, Gagauz, Bulgarian)” is taught. A basis for training and improvement of teaching staff was created in order to organize the process of training and education in minority languages in the country. Also, the National Plan to improve the quality of learning the Romanian language by non-native pupils was approved for 2013-2017.
238.The network of pre-university education institutions for national minorities includes 262 institutions with teaching in Russian, 81 mixed institutions, 3 of them are experimental institutions, where in specialized classes the primary and lower-secondary education is made in the mother-tongue, Ukrainian or Bulgarian.
239.Annually, in compliance with interministerial cooperation protocols in education, scholarships are awarded to higher education institutions for national minorities and for teaching staff training.
240.In the context of implementing the action plan on supporting the Roma population in Moldova for 2011-2015, the legislative and judicial framework for the organization of the Sunday schools activity was developed, the “History and culture of Roma People” school subject was introduce in the schools from the settlements populated compactly by Roma; the first community center of early education was established the settlements populated in majority by Roma. Roma pupils from socially vulnerable families are provided with free textbooks and teaching materials, also being provided free transportation of children from settlements compactly populated by Roma at a distance more than 3 km from the nearest educational institution. Free meals are provided to all pupils from grades I-IV. At the beginning of the school year all Roma pupils receive material aid for school supplies, clothes and shoes.
241.Roma children are included in the quota of 15% of the total number of places stipulated in the enrolment plans with budget financing, Roma students are provided with free accommodation in hostels. It is also stimulated the employment of Roma as educators and teachers in all types of education.
7.3Rest, leisure, recreation and cultural and artistic activities (Article 31)
242.MoC through cultural institutions ensure the organization and conduct of various competitions, festivals, cultural, ethno-cultural and artistic exhibitions for children during various national and international celebrations or in the context of the celebration of certain events or important data for national and universal culture (annually being organized over 30 thousand cultural activities with the participation of 2.8 — 3.7 million children).
243.Annually, during 20 — 28 August, Diaspora Relations Bureau carries out a program of ethno-cultural and artistic activities for children from the second generation of migrants living abroad in order to sensitize them about their national, linguistic, historical and cultural identity.
244.Every year, tens of thousands of school-age children rest in camps during the summer (Table 68).
245.With the purpose to promote the sport practice and a healthy lifestyles, every year, MYS in cooperation with local public authorities ensure the organization and conduct of tournaments and competitions with the participation of children and youth at football, cycling, running, etc.
246.All children have free access to public sports circles, funded by MYS or LPA.
VIII.Special protection measures (Articles 22, 30, 32-36, 37 (b)-(d), 38, 39 and 40)
( also referring to CO 64-73)
8.1Children in difficulty
8.1.1Refugee children (Article 22)
247.Starting from the need to observe human rights and fundamental freedoms, given that the regulation of the refugee status is an important safeguard of human rights and the need to ensure compatibility of national legislation with the Community law, the Law No 270 on Asylum in the Republic of Moldova was adopted on 18 December 2008.
248.Refugee status and humanitarian protection gives the beneficiary the rights provided by law for foreign citizens and stateless persons, and for families with children and unaccompanied minor, the right to benefit from social assistance measures provided under the law in force. Given the need to establish a uniform legal framework for the integration of foreigners in the economic, social and cultural life of the Republic of Moldova, to ensure the rights, freedoms and determine their obligations, was approved the Law 274/2011 on Integration of Foreigners in the Republic of Moldova, under which refugees and beneficiaries of humanitarian protection have access to sociocultural adaptation sessions, courses of study the state language, education, labor market, social protection. The integration of foreigners in the Republic of Moldova should be based on the principle of non-discrimination, best interests of children and equal treatment.
249.Foreigners who have obtained a form of protection in the Republic of Moldova and have low potential for self-sustaining (unaccompanied minors, single parents with children, families with three or more dependent children, people with disabilities, people who have reached the retirement age) conditioned by objective factors and independent of their will, have equal and fair access to assistance as Moldovan nationals. Refugees and beneficiaries of humanitarian protection are enrolled in preschool, primary and secondary general education under the conditions set by law for citizens of Moldova. Minors who have acquired a form of protection in the Republic of Moldova start, during the school year, a free course in the state language to integrate into the educational system during which children attend free theoretical, practical and recreational educational activities at schools.
250.There is an increasing number of asylum seeking children, beneficiaries of humanitarian protection and refugees, in 2014 their number was 76 compared to 34 in 2009. The main countries of origin of children are Syria (71 children), Russian Federation (38 children), Kyrgyzstan (33 cases) — (Table 69).
8.1.2Children in armed conflicts (Article 38)
251.According to the Moldovan legislation, active-duty or contractual military service can be attended only by Moldovan citizens over the age of 18.
252.Following the ratification by Moldova of the Rome Statute of the International Criminal Court, the forced recruiting and entry of children under the age of 18 into military service, as well as their determination, by any means, to participate actively in military operations, is qualified, according to Article 137 of CC, as war acts against the persons and shall be punished by imprisonment for 12 to 20 years.
8.2Children in conflict with the law
8.2.1Administration of juvenile justice (Article 40)
253.In accordance with Law No 198/2007, persons without sufficient financial means to pay services (legal advice, hiring a lawyer) can receive state-guaranteed legal aid by providing legal services from the state budget, including for the defense and representation of child victims of offenses (from 2012, the assistance was extended to civil cases being managed by the National Council of State Guaranteed Legal Aid, through 4 territorial offices.
254.The procedure in criminal cases involving minors is provided in a separate chapter of the CPC, hearings and other criminal prosecution actions that involves minors are conducted with mandatory participation of the defender, legal representative and teacher or psychologist. The child shall be heard under special conditions, different from the common procedure, in order to protect him/her from the risk of subsequent traumas. Evidence given by minor/victim witnesses aged up to 14 years old in criminal cases regarding sexual offences, child trafficking or domestic violence and other cases where it is required by interests of the justice or minor, will take place in specifically arranged spaces, equipped with audio-video recording devices and will be conducted by an interviewer with special training.
255.Seven rooms were arranged for the hearing of minors in district prosecutor’s offices, transport units were provided to them to facilitate the movement to the place of hearing of children and those accompanying them, who live in districts where there are no such rooms.
256.The methodological guide on handling cases of child victims/witnesses of crimes was developed for prosecutors, judges, prosecuting officers and other specialists.
257.CPC also contains other procedural guarantees concerning children’s rights, involved in criminal proceedings, such as the prohibition of the access of the press or public to the courtroom, when the interests of minors or the protection of the privacy of the parties in the proceeding require; hearing the testimony of the child by the court in closed session; child victim representation by a legal representative; consideration, without his/her consent, as an injured party of the minor who was injured by the criminal offense; free will of the child to participate in the confrontation with the person accused of crimes offence against his/her physical and/or moral integrity, alternatives to imprisonment, replacing criminal liability, deprivation of liberty as a measure of last resort.
258.Given that in Moldova there is no separate juvenile justice system (given the lack both of financial resources and the relatively small number of criminal cases concerning children in conflict with the law) it is opted to train professionals (judges, prosecutors, prosecuting officers) and their specialization as far as possible) and to specialize them as much as possible. By Order of the General Prosecutor’s Office of 7 September 2010, the Department of Human Rights and Minors was created under GP and prosecutors specialized in children’s issues in all territorial Prosecution’s Offices were appointed.
259.In order to raise efficiency in the work of prosecutors specialized in children’s issues, continuous training activities within NIJ are carried out based on the course “Juvenile Justice” and the biannual seminars “Juvenile Justice: standards and procedures of the juvenile justice, specific skills and knowledge for working with minors”, “Hearing minors in special conditions”. Trainings for judges, prosecutors and probation specialists were also carried out on the implementation of CDC (Table 70).
260.The minor’s arrest and detention is applied only in exceptional cases where serious violent crimes, especially serious or exceptionally serious crimes were committed. Thus, the number of children brought to the police station because of an alleged conflict with the law has decreased 3.8 times if compared with 2009 (up to 2237 children, including 399 girls in 2014) — (Table 71).
261.The number of apprehensions and detentions or minors during the criminal investigation decreased significantly — 5 times (Table 72).
262.Statistics on criminal cases initiated against minors show a significant increase of 24% in 2010 compared to 2009, decreased in 2011 and return to the 2010 indicator in 2014 (Table 73).
263.The number of criminal cases initiated by prosecutors against minors ranges between about 1600 (2009) and 2000 (2014) and the number of cases terminated (especially due to the parties’ reconciliation) prevails insignificantly over the number of cases sent to the indictment in court for substantive examination (Table 74).
264.Taking into account sentences passed by Courts in criminal cases initiated against minors, convictions are decreasing continuously from 481 in 2009 to 270 in 2014 and, in particular, note the prison sentences decrease by 50% (from 107 in 2009 to 47 in 2014) and convictions with suspension decrease by 37% (from 228 in 2009 to 143 in 2014) — (Table 75).
265.Note that in 95-98%, criminal prosecution in cases where children are involved is conducted for a period up to 30 days and the time limit for the examination of a criminal cases by Court is 3 to 6 months, the delay being caused by the defendants’, injured parties, witnesses, etc. failure to appear, judges busy schedule (in case of postponement, the appointment of the criminal case over a month or more).
266.Children under pre-trial detention, as well as those serving sentences of imprisonment are held separately in specialized areas of criminal investigation isolators and, respectively, in prisons. Information on the number of children (girls/boys) and the average length of detention during 2009-2014 is shown in Table 76.
267.By MoJ Order No 505 of 11 July 2012, the Code of Ethics for Jail Officers was approved and published in order to prevent torture and ill-treatment in penitentiaries. Subjects on human rights are included in the Program of professional training of jail officers, which is approved annually and provides for conducting weekly meetings of general and specialist training. Also by Order No 969 of 20 March 2014 MJ approved the Regulation on the procedure on identification, record and report of alleged torture, inhuman or degrading treatment. More than 900 cameras have been installed to raise the awareness of prison staff and increase the capacity of supervision and intervention in prisons and pre-trial detention units. Two new articles were added to the Enforcement Code: (i) no one shall be subjected to torture, cruel, inhuman or degrading treatment or other ill-treatments, (ii) petitions of juvenile detainees shall be examined preferentially (the right to petition of the juvenile detainee shall be exercised by himself/herself, by his/her legal representatives or, in the absence thereof, by the the guardianship and trusteeship body within the penitentiary area, and expenses for the right to petition are incurred by prison’s administration if juvenile detainees do not have sufficient financial means). Mailboxes were installed in each isolated sector of penitentiary, the correspondence is collected exclusively by the postal worker. The Action Plan for the reorganization of health services in prisons was approved by GD No 901 of 27 October 2014 in order to enhance the quality of medical services and strengthen the independence of health workers in penitentiaries.
268.During 2009-2014, two cases of torture, inhuman or degrading treatment of detained juveniles investigated: one case was not confirmed and the other case resulted in criminal prosecution and the criminal case was submitted to the Court for review.
8.2.2Physical, psychological rehabilitation and social reintegration (Article 39)
269.By DPI Order No 116 of 8 May 2013 was approved the Individualized Methodology for Working with Minors and the staff of the single prison for boys were trained to apply it. Penitentiary’s educational, psychological and social assistance services implement psychological and correctional programs, including behavioural change activities in order to reduce the risk of relapse, guide the prisoners by raising awareness and developing solutions for problems, develop socially useful skills and interpersonal communication skills, and vocational guidance programs.
270.General education of juveniles in penitentiary is done based on Curriculum Framework approved by MoEd Order No 370 of 6 May 2014.
271.By DPI Order No 201 of 11 July 2014 was approved the Program on preparing juvenile detainees for release, the purpose of which is to form behavioural skills of children in new conditions after release, and encourage their integration in the social sphere. The program was attended by 12 children in 2014.
272.In the context of the implementation of policies of prevention and re-socialization of juvenile offenders, CPO approved a number of methodological recommendations on: (i) case management in working with children undergo probation, (ii) measures to prevent juvenile delinquency and recovery; (iii) the drawing up pre-sentence assessment of personality; (iv) ensuring the implementation of educational nature measures. At the same time, probation programs have been developed for children with regard to vocational guidance, social behaviour correction and aggressiveness reduction, work with beneficiaries convicted for violence acts.
273.Drafting interventions take into account the risk of committing criminal acts again, the seriousness of the criminal actions committed, ethnic origin, nature of social, psychological and educational issues identified, child’s age. Following the assessment, the probation officer together with the parents and the child will draft the re-socialization and reintegration probation plan, according to identified needs (of the child and family). In 2013, 730 persons (judges, prosecutors, psychologists, CFHR representatives, probation counselors) were trained during the 32 seminars on juvenile justice held by NIJ.
8.3Children in situations of exploitation, including physical and psychological recovery and social reintegration
8.3.1Economic exploitation, including child labor (Article 32)
274.Article 50 (4) of the Constitution provides that the exploitation of minors and their involvement in activities, which might be injurious to their health, moral conduct, or endanger their life or proper development shall be forbidden. This provision, in the context of child labor, was detailed in the LC by prohibiting the involvement of persons aged up to 18 years in heavy, harmful and/or dangerous works, underground works, as well as works which might be injurious to the health and moral conduct of minors (gambling, nightclubs work, production, transportation and sale of alcoholic beverages, tobacco products, narcotic and toxic substances), prohibiting the manual lifting or carrying of loads by minors over the maximum norms established for them, prohibiting the engagement of children into night work, additional work, travels. According to LC, employers are obliged to settle reduced working time for juvenile employees (from 15 to 16 years — 24 hours per week and 5 hours per day, from 16 to 18 years — 35 hours per week and 7 hours per day). LC establishes the age of 16 as the general minimum age for employment. As an exception, the individual may enter into an individual employment agreement at the age of 15 years with the written consent of parents or legal representatives if, consequently, his/her health, development, training and professional education will not be jeopardized.
275.Non-compliance with the statutory rules on the engagement of children in labor activity shall incur administrative and criminal liability for child trafficking, including for labor exploitation, forced labor, noncompliance with labor legislation and legislation on occupational security and health, minors involvement in activities, which might be injurious to their life and health or attraction of minors to perform works prohibited by legislation, undeclared work.
276.Direct monitoring of child labor is carried out by SLI, in particular by the Child Labor Monitoring Unit, which coordinates the control and systematize control results.
277.The cross-sectors cooperation mechanism for the identification, assessment, referral, assistance and monitoring of children who are victims or potential victims of child violence, neglect, exploitation and trafficking also address the identification of exploitation of child labor cases (Tables 42, 43, 111).
278.The Action plan on prevention and elimination of the worst forms of child labor for 2011-2015 was approved by GD No 766 of 11 October 2011.
279.In 2007, social partners (Government, Employers’ Associations, Trade Unions) nationally concluded the Collective Convention No 8 (nationally) on the Prevention and Elimination of the Worst Forms of Child Labor. By GD No 541 of 7 July 2014 were approved the List of heavy, harmful and/or dangerous works prohibiting the involvement of persons aged under 18 years and the Norms of maximum load permissible for persons aged under 18 years in manual lifting and carrying of loads. The list is an updated list of works which prohibit the use of child labor.
280.MoEd issued the Order No 393 of 29 September 2014 which expressly prohibits the engagement of pupils in agricultural works during the educational process. GDEYS must notify the heads of the subordinated educational institutions, local public administration and business entities in region about this. The heads of educational institutions, in their turn, will notify students and parents about the order.
281.SLI employees organize periodic information activities for graduates of pre-university education institutions in order to familiarize them with legal rights to employment and other provisions of labor legislation related to child labor.
282.The most frequent violations of labor legislation and rules against children are: attracting children to works that are prohibited by these rules, admission to work without carrying out preventive medical examination, attracting persons aged of 15 years without the written consent of parents to work, mass admission of pupils in autumn agricultural works, including children under the 15 years, admission to work without training in safety and health at the workplace, failure to provide personal protective equipment, failure to ensure a reduced duration of the working time, attraction to work on weekends.
283.According to statistical data submitted by SLI, the number of employed children varies from year to year, from 102 children in 2009 to a maximum of 440 children in 2010, a minimum share of 25 children in 2013 and 142 in 2014. There is a significant decrease in the number of employed children who do not comply with labor laws. Failure to comply with legislation and rules for safety and health at work generated accidents, as a result of which children were injured (Table 77).
284.In 2009, the NBS developed with the support of ILO and UNICEF the Analytical Report “Child labor in the Republic of Moldova: Findings from 2009 research regarding children’s activities”, aimed at providing information necessary to consider children’s activities: school attendance, economic activity (income generating labor), household works (housework) and evaluating the phenomenon of child labor (a sub-category of children who either pursue an economic activity, whether perform unpaid housework, which present risk for health and/or affect school attendance), size, causes and characteristics analysis of this phenomenon in Moldova.
285.During 2005-2009, following the activities supported by ILO-IPEC, a number of information materials, awareness raising activities and training seminars for teachers, social workers, mayors on preventing and combating the worst forms of child labor have been made publicly available.
8.3.2Drug abuse (Article 33)
286.By GD No 1208 of 27 December 2010 was approved the National Anti-Drug Strategy for 2011-2018, and by GD No 764 of 18 September 2014 was approved the National Action Plan on Drugs 2014-2016.
287.It is noticed a decrease of about 50% of adolescents who use drugs, from 124 in 2009 to 65 to 2014 (Table 78).
288.About 23000 children are educated in families of adult patients who consume alcohol and over 1600 children grow and are educated in families of drug users. All these children require increased attention from both health workers and teachers, as they are subject to a higher risk of being involved in drug or alcohol consumption.
289.Every year seminars are held with the representatives of NGOs on the issue of education, primary prevention, rehabilitation and resocialization of drug addicts, as well as information campaigns on drug addiction and HIV/AIDS. Methodical instructions for parents, teachers and family doctors were published for the early detection of adolescents using drugs.
290.On 10 January 2014, GPI of MIA signed an agreement of collaboration with “Innovative Projects in Penitentiaries” NGO, which aims to strengthen the police capacities in the national HIV and drug response in the Republic of Moldova from the perspective of observing the rights of people from the groups at risk of HIV infection.
291.By order GPI No 119 of 30 July 2014 was approved the Methodical instruction on the organization of investigation officer’s activity in combating illicit trafficking of narcotic, psychotropic substances and their precursors. Statistical data on the number of cases of drug abuse among children are presented in Table 79.
8.3.3Sexual exploitation and sexual abuse (Article 34), sale, abduction, trafficking of children (Article 35)
292.By Law No 263 of 19 December 2011, the Republic of Moldova ratified the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse.
293.In 2013, a new Article was added in CC providing for criminal liability for the use of products and/or services by the beneficiary who knows that the person who provides such products/services is a victim of human trafficking or child trafficking crimes.
294.According to GP data, the number of criminal cases initiated against children sexual abuse increased from 109 in 2009 to 215 in 2014. Most of the initiated criminal cases were related to rape, followed by sexual intercourse with a person who had not reached the age of 16, sexual assaults and perverse actions (Table 80).
295.Specialized psychological assistance and legal representation offered through the International Centre La Strada for 58 child victims-witnesses of sexual abuse/exploitation, of which 37 girls and 21 boys, aged between 6 and 18 years, the average age was 14.
296.During 2009-2014, criminal prosecution bodies initiated 130 criminal cases on child trafficking, of which 55 cases were sent to court for substantive examination and 30 completed (Table 81).
297.The Program for Prevention and Protection of Victims and Potential Victims of Trafficking, managed by IOM during 2009-2014, assisted 79 children (Table 82).
298.About 400 children potential victims of trafficking and exploitation received, during 2010 — 2012, emergency assistance and accommodation in a specialized placement center, social reintegration assistance, reintegration into education, vocational training, material aid.
299.Starting with 2009, MLSPF has taken steps to develop trans-national cooperation mechanism on repatriation of victims of human trafficking, child trafficking, illegal trafficking in migrants, unaccompanied children and migrants at difficulty, and proposed for negotiation and signing of Cooperation agreements with Ukraine and the Russian Federation.
300.The National Referral Strategy for the Protection and Assistance of Victims and Potential Victims of Human Trafficking was approved by PD No 257 of 5 December 2008. Since 2012, National Referral System was extended in all territorial administrative units of the Republic of Moldova and multidisciplinary teams were created and trained (made up of specialists from the D/SSAFP, police authorities, health care institutions, educational authorities, Prosecutor’s Office, offices of population registration and documentation, territorial employment agencies). GD No 228 of 28 March 2014 approved the Regulation of the activity of these multidisciplinary teams.
301.Since 2009, the National Plan for the Prevention and Combating of Human Trafficking adopted once every two years.
302.178 border police officers trained in preventing child trafficking during 2012-2014.
303.In the Republic of Moldova, the International Centre La Strada manages the 0800 77777 National Hotline for assistance on cases of trafficking in persons, especially women and children, including for sexual exploitation, assistance for all forms of commercial sexual exploitation of children, including prostitution involving minors, child pornography, child trafficking, sexual tourism involving minors and berthing children using information technologies.
8.3.4Children living or working on the streets
304.The “street children” phenomenon is noticed in the Republic of Moldova in separate cases, especially in Chisinau municipality.
305.In order to prevent and combat this phenomenon, the employees of child protection bodies in collaboration with the police organize activities to identify and protect children who beg or wander. Councils for Child Rights Protection review the cases concerning these children. Higher risk situation of these children is temporary and often linked to the social and material status of the family and failure of the parents and caregivers to supervise them.
306.Community centers for children and youth, where children are involved in artistic, cultural and socio-educational activities, operate to prevent the phenomenon.
8.3.5Observance of the rights of children of national minorities (Article 30)
307.Interethnic Relations Bureau jointly with ethno-cultural public organizations ensure, inter alia, the realization of the right of citizens belonging to national minorities, preservation, development and expression of their identity, especially the cultural identity. There are approximately 250 ethno-cultural organizations of the national minorities in the Republic of Moldova, operating at national and local level.
308.Supporting the operation of ethno-cultural organization in the preservation and development of culture is carried through the House of Nationalities — a cultural, methodical and informative center which operates within the Interethnic Relations Bureau. House of Nationalities carries out 160 actions, only during 2013, including: exhibitions, book launches, birthday parties, festivals, conferences, round tables, workshops, concerts, shows, national holidays, etc.
309.250 campaigns promoting cultural diversity throughout the country took place during 2013-2014. Annually take place: International Holocaust Remembrance Day, International Mother Language Day, International Roma Day, Ukrainian Culture Days, Polish Spring, Day of Slavic Written Language and Culture.
310.The most significant action, traditionally coordinated and organized by the Interethnic Relations Bureau in partnership with MoC, LPA and ethno-cultural organizations is the Republican Festival of Ethnic Minorities titled “Unity in diversity”. Inter-ethnic teenager summer camp “Sources of Tolerance” which is a form education of young people is organized annually in collaboration with Jewish Congress from Moldova. The camp’s main objective is to stimulate intercultural dialogue between different ethnic groups in Moldova, educate the young generation in the spirit of inter-ethnic tolerance, develop a high civic attitude to young minorities, build and promote knowledge about the national minorities in the country.
311.MoC promote guarantees of the rights of ethnic minorities in order to meet their cultural identity: Festival of Ethnic Minorities, International Music Festival “Martisor”, New Year artistic events, Independence Day, etc., attended also by children of ethno-cultural organizations (Ukrainian, Russian, Gagauz, Bulgarian, Belarusian, Jewish, Polish, Azerbaijani, Armenian, Roma, Uzbek, German, etc.). Exhibitions of books for children, applied decorative artworks, fine arts and drawing were organized during the festivals.
312.Bulgarian song and dance ensemble “Rodoliubie”, Taraclia, Gagauz State song and dance ensemble “Kadinja”, Comrat, Gagauz folk song and dance ensemble “Diuz-Ava” of the Cultural Department of Gagauzia TAU, Roma music and dance ensemble “Roma Enigma” of the “Ginta Latina” Centre for Culture and Arts, Roma folk band “Amari”, Singerei, light music band “Romex”, Merenii Noi, Anenii Noi district, activate in the Republic of Moldova. MoC has taken steps to preserve and develop culture, traditions, customs and crafts of Gypsies/Roma in the Republic of Moldova. National Center for Preservation and Promotion of Intangible Cultural Heritage provides methodical and logistics assistance to craftsmen participating in republican creative workshops.
313.Children of national minorities can study their mother tongue (Ukrainian, Belarusian, Hebrew, Polish, German, Lithuanian, Armenian, Azerbaijani) during the “Sunday School” which is organized and financed by ethno-cultural public organizations.