10–28 February 2020
Item 4 of the provisional agenda
Consideration of reports submitted by States parties under article 18 of the Convention on the Elimination of All Forms of Discrimination against Women
Replies of the Republic of Moldova to the list of issues and questions in relation to its sixth periodic report *
* The present document is being issued without formal editing.
[Date received: 10 December 2019]
I.Constitutional, legislative and institutional framework
Reply to paragraph 1 of the list of issues
1.Based on the recommendations of the Committee on the 4th and 5th periodic reports, the Law no. 71/2016 for amending and completing some legislative acts (approx. 15) was adopted. The main changes:
•The inclusion of paternity leave in the Labour Code;
•Completions to the Electoral Code and the Law on Political Parties, including the quota of 40% representation of both sexes in the political and public decision-making processes (the draft also contained the mechanism for implementing the quota which was not supported). We note that in 2019, the legislature approved new amendments to the legislation in the electoral field, including the obligation of proportional distribution of women and men on the party lists in the electoral rolls, as well as sanctions for parties that do not comply with these provisions. Thus, the parties will be obliged to respect the quota of 40% for each decile;
•Improving the institutional mechanism at national and local levels in the field by including new competences for central public authorities (CPA) and those of local public administration;
•Amendments to the Law on the Press, the Law on Advertising, the Audiovisual Code, with the purpose of obliging periodic publications and press agencies not to use sexist language and to present the images of women and men through the prism of equal rights in the spheres of public and private life. The amendments also included provisions on the criteria of inappropriate advertising, definition of sexist language and sexist advertising.
2.The Strategy for ensuring equality between women and men has been implemented since 2017, based on 5 strategic objectives and 10 areas of intervention. Gender units from different sectors of the CPA are involved in the implementation of the Strategy. In this regard, we mention that the institutional mechanism consists of coordinating groups in the gender field, created in each ministry where the number of members varies from 5 to 14, and the total number of civil servants included in this institutional link is 83.
3.The financing of the Action Plan is carried out from the account and within the budgets of the public authorities involved, as well as from other sources not prohibited by law (external sources from the donors/development partners). The Ministry of Health, Labour and Social Protection reports annually to the Government, monitors and coordinates the process of the implementation of the Strategy. At the same time, the evaluation of the degree of implementation of the document is planned to be carried out in the mid-term and at the end of the deadline for the implementation of the Strategy.
Reply to paragraph 2
4.Yes, these topics were discussed within the Working Group on Social Issues and Humanitarian Aid. At the same time, for 2019, the topic of preventing and combating violence against women and domestic violence has been proposed within the Human Rights Working Group.
II.Access to justice
Reply to paragraph 3
5.Effective legal assistance is a basic element of access to justice and the state guarantees legal assistance to people who do not have sufficient financial resources to pay for legal services.
6.During 2017, a total of 65 322 cases of state guaranteed legal assistance were registered, which is 6.244 more cases than in 2016, being registered an increase of about 10.5%, and during the 2018 year, a total of 60 230 cases were registered. Of the total number of cases, 54 473 (83%) (in the year 2018 – 49 695 (82.5%)) were cases of granting qualified legal assistance and 10 849 (17%) (in the year 2018 – 10 535 (17.5%)) were cases of granting the primary legal assistance. Out of this number of beneficiaries 6 698 (12%) were women and 2 694 (8.53%) were minors. Compared with 2017, in 2018 the number of beneficiaries is lower with 4 778 cases, i.e. by about 8.8%. Out of this number of beneficiaries 5,610 (11%) were women and 44,085 (89%) were men.
7.Out of the total number of cases of qualified legal assistance in 4 647 (2018 – 3 509) cases, emergency legal assistance was granted. Emergency legal assistance is provided regardless of the level of income of the person, in case of detention within a criminal or contraventional case, including when examining the arrest warrant.
8.In order to provide qualified legal assistance, 481 (2018 – 466) lawyers who provide qualified legal assistance guaranteed by the state were involved, of which 15 (2018 – 13) public lawyers; 36 (2018 – 35) lawyers specialized in cases involving children; 12 (2018 – 13) lawyers specialized in granting qualified legal assistance to asylum seekers, refugees, beneficiaries of humanitarian protection, stateless people and stateless applicants; 9 (2018 – 9) lawyers specialized in providing qualified legal assistance to people with mental disabilities and 10 (2018 – 10) lawyers specialized in providing qualified legal assistance to crime victims. At the same time, in 2017, 10 849 (2018 – 10 535) people benefited from primary legal assistance guaranteed by the state through 42 (2018 – 44) paralegals and 15 (2018 – 13) public lawyers. Thus, in 7456 cases (69%) (the year 2018 – 6983 cases 66%) the primary legal assistance was granted by the paralegals and in 3393 cases (31%) (the year 2018 – 3552 cases 34%) by the public lawyers.
9.Also, in order to inform the population, as well as the specialists in the field, the online primary legal assistance platform (parajurist.md) was developed and maintained. The number of paralegals in 2018 constituted 52 persons.
10.In Transnistria, in 2009 the NGO “Interaction” launched the line of free and anonymous trust for victims of domestic violence. Victims benefit from support in cases of emergency, legal, psychological assistance and social reintegration. In 2017, 1150 people called to the telephone line, and in 2018 over 1331 people, of whom 95% are women. Similarly, from 2017, out of the 5 territorial administrative units, only in one of them – Rabnita district – a mobile intervention team was created for cases of domestic violence composed of a jurist, psychologist and police officer. In the current year, 6 interventions have been carried out in cases of domestic violence, 11 legal consultations have been granted, of which only in one case has been provided repeated legal assistance addressing the court.
III.National machinery for the advancement of women
Reply to paragraph 4
11.Following the implementation of the reform of the central public administration, the function of deputy prime minister responsible for the social field was reduced, so the platforms of governmental commissions/councils temporarily suspended their activity. Revitalization of some of them was possible thanks to the establishment of the Permanent Secretariats Subdivision within the State Chancellery. The new structure provides the organizational and informational assistance for the National Council for the State Award, the National Commission for Collective Consultations and Negotiations, the National Council for Child Rights Protection, the National Committee for Combating Trafficking in Human Beings, the National Council for Road Traffic Safety, the National Council for Human Rights. Thus, during the reporting period, the Governmental Commission for Equality between Women and Men did not work, nevertheless, working sessions, consultations, workshops and working groups attended by civil society and other representatives of the CPA were organized at the ministerial level in order to discuss draft policies, the draft normative acts and the issues from the field of ensuring equality between women and men.
12.In this context, we note that the Ministry of Health, Labour and Social Protection, jointly with civil society, organized meetings aimed at amending the Commission’s Regulation. In this regard, the draft of a new Regulation has been elaborated which will be promoted with the consolidation of the Government’s position on the remaining areas not covered by the Permanent Secretariats subdivision.
13.With regard to the aspects concerning the human and technical resources intended for the institutional mechanism in the field, we mention: Gender coordinating groups are made up of gender units from the subdivisions with competences for developing, promoting and monitoring policies in the field of activity of the central public administration authority. Coordinating groups are created in the: Ministry of Health, Labour and Social Protection, Ministry of Education, Culture and Research, Ministry of Finance, Ministry of Economy and Infrastructure, Ministry of Agriculture, Regional Development and Environment, Ministry of Internal Affairs, Ministry of Defence, Ministry of Justice as well as in the National Bureau of Statistics, another central administrative authority.
Activities to strengthen the capabilities of the members of the institutional mechanism
(1)Based on the collaboration between civil society, development partners and the MHLSP, a capacity building program for the representatives of the coordinating groups from 7 ministries and the State Chancellery was launched. Within the Program, 14 thematic sessions were held with the participation of 50 members (34 women and 16 men), during which the team of experts instructed the participants on how to analyse the public policy documents in terms of gender equality;
(2)59 representatives of the gender coordinating groups (43 women and 16 men) from 4 ministries – the Ministry of Health, Labour and Social Protection; Ministry of Economy and Infrastructure; Ministry of Defence; Ministry of Internal Affairs (central apparatus of the MIA, GPI, GIBP and DCT (Department of Carabineer Troops)) – have consolidated their knowledge in integrating the gender dimension in the public sector policies;
(3)Within the project Strengthening the National Statistical System, 2 training sessions were carried out for representatives of 7 central authorities (20 gender units, of which 13 women) and NGO representatives (17 participants, of which 15 women), in order to strengthen the capacities of use of gender-disaggregated statistical data;
(4)Eight public institutions from Moldova obtained distinctions from UNDP, for their determination and efforts to promote gender equality: local public authorities (6 localities), as well as the Ministry of Defence and the General Police Inspectorate. The institutions participating in the pilot program were trained for six months on gender mainstreaming in policy making and service provision, in the human resources management system, in communication and in the current activities (gender seal methodology), afterwards, they have passed a self-assessment process based on the methodology and suggested benchmarks;
(5)Within the Academy of Public Administration, the training course “Gender equality for civil servants” was elaborated and institutionalized, which contains a course support, a guide for the trainer and training materials. For 2019, the Academy of Public Administration has reviewed and adjusted the course “Elaboration and evaluation of public policies”, introducing in its content the subject “Approaches on the gender dimension in public policies”, which has already been taught for 52 officials from the central public authorities.
Reply to paragraph 5
14.During the reporting period, no additional human and financial resources were allocated to the Council on preventing and eliminating discrimination and ensuring equality. At the same time, we mention that a Draft Law was drafted to amend and supplement several normative acts, which aimed to eliminate the barriers faced by the Equality Council in its activity – an action taken by the state through the Moldova-EU Association Agreement. The draft of the normative act was partially taken over by the Ministry of Justice, approved by the Government by Decision no. 635/2018 and then registered in Parliament. Later, the draft was excluded from the legislative procedure, becoming null according to the legislation. In this respect, the procedure for promoting the project has to restart.
15.In May 2018, the People’s Advocate Office was accredited with the “A” status, which implies the high degree of compliance of the institution with the Paris Principles on NHRIs. Pursuant to art. 21 of Law no. 5/2006 on ensuring equal opportunities between women and men, the People’s Advocate ensures the guarantee and respect of equality between women and men as an integral part of human rights and freedoms, according to the legislation. During the reporting period, no additional human and financial resources were allocated in order to make the activity of the People’s Advocate Office more efficient.
IV.Temporary special measures
Reply to paragraph 6
16.Provisions for special temporary measures for different vulnerable groups were included in secondary, post-secondary and higher technical and vocational education. In the higher education system, the quota of 15% of the total number of places (for each specialty/field of vocational training) was established, for technical and vocational education at secondary technical vocational training programs 20% of the total number of places is allocated, and for non-tertiary postsecondary and post-secondary technical vocational training programs, 15% is allocated, all financed by the state budget, for the following categories of candidates: a) orphans and those left without parental care; b) with severe or accentuated disability, which allows them to study and practice the profession in the chosen specialty; c) with both parents with a degree of disability; d) whose parents participated in the military actions for the defence of the integrity and independence of the Republic of Moldova, to the war in Afghanistan or the liquidation of the consequences of the Chernobyl accident; military-participants in post-conflict military operations with humanitarian character in Iraq; e) from families with four and more children; f) graduates of the schools from the eastern localities of Moldova (Transnistria) and from the municipality of Bender, who studied according to the educational programs approved by the Ministry of Education, Culture and Research, as well as the graduates of the Theoretical High School “A. Mateevici” from Sanatauca, Floresti district, originating from the eastern localities of the Republic of Moldova; g) from Roma families; h) the young people who performed the military service on time.
17.In accordance with the Police Development Strategy 2016–2020 and in order to carry out the action envisaged in the Budget Support Program of the European Union for the police reform 2017–2020 (component A.1.2 “Increasing the participation of women in police”), it was elaborated the Action Plan regarding the increase of the role of women in policing which by 2020 aims to increase the number of women in police personnel by up to 20% and to ensure a minimum of 15% of them among officers.
18.Pursuant to Law No. 105/2018 on the promotion of employment and unemployment insurance, unemployed registered at the National Employment Agency (ANOFM) and people in search of a job, can benefit from services and employment measures. The services are given priority to the following categories:
(a)Young people (16–24 years);
(b)People who do not have a profession/job;
(c)People with disabilities;
(e)People aged 50 and over;
(f)People released from the places of detention;
(g)Victims of trafficking in human beings, after psychological and social rehabilitation;
(h)People struggling with the consumption of narcotic drugs or psychotropic substances, after social and psychological rehabilitation;
(i)Victims of domestic violence;
(j)Other categories subject to the risk of social exclusion established by law or by the Government.
19.For the purpose of social protection of unemployed women, they benefit from unemployment benefits, according to the Law no. 105/2018. In 2018 – 1785 women benefited from unemployment benefits, and in the first half of 2019 – 1170 women. In 2018, the average unemployment benefit amounted to 1557.89 MDL, and in 2019 – 1664.96 MDL.
20.In order to increase the level of employment of Roma people, including Roma women, it was established the service of the community mediator, which is financed from the state budget.
21.The measures mentioned above are implemented through the prism of the provisions of art. 2, para. (4) of the aforementioned Law, which prohibits any discrimination on the basis of race, nationality, ethnic origin, language, religion, belief, sex, age, disability, opinion, political affiliation, wealth, social origin or any other criteria.
V.Stereotypes and harmful practices
Reply to paragraph 7
22.The Government, taking into account the previous recommendations of the Committee, prioritized the conciliation of family life in 3 strategic policy documents, as follows:
(1)The strategy for ensuring equality between women and for the years 2017–2021 and of the Action Plan on its implementation, approved by the Government Decision no. 259/2017. In the area of intervention: Social protection and family policies there is the specific Objective 1.4: Improvement of the policy framework for families with children in order to ensure the fair involvement of parents in raising and educating children;
(2)The child protection strategy for the years 2014–2020, approved by the Government Decision no. 434/2014. General objective 3. Conciliation of family life with professional activity in order to ensure the child’s growth and harmonious development.
(3)The national strategic program in the field of demographic security of the Republic of Moldova (2011–2025). Among the priority actions of the strategic document are the multilateral promotion of family policies and solidarity between generations.
23.There was also developed the curriculum at the optional Discipline “Harmonious relations in the family” and a series of trainings for teachers were carried out. The discipline was introduced by the Ministry of Education, in the curriculum starting with the 2016–2017 school year as an optional discipline in high schools.
24.Between February 9–14, 2018 a photography contest was organized “Fathers from Moldova and Sweden”, aimed at illustrating how Moldovan and Swedish fathers perceive the role of modern man. Also, starting with 2016, the employees of the law enforcement agencies carry out the information campaign – “Fathers policemen, playing with children”.
25.The national plan for the implementation of the Cross-sectoral Strategy on Developing Parental Abilities and Competencies for the years 2016–2022 is in the process of approval. The document aims to apply a set of measures designed to support parents, legal representatives or caregivers, as well as future parents in raising and educating children, in raising awareness of the roles they play and developing parental competencies through the set of programs, services and resources.
26.During 2018, the Independent Press Association (IPA) and UN Women launched the “Click for gender equality” media program. The program included trainings for journalists and members of regulatory institutions, a competition for journalistic materials, a study visit. Thus, 9 winners from the print and online media, audiovisual media (TV and radio) were nominated. Also, two prizes for the best photos from the perspective of gender equality were offered.
27.On March 26 and December 06, 2018, the Audiovisual Council approved the “Conception regarding the election campaign reflection at the new local elections of mayors in some localities on May 20, 2018 and at the parliamentary elections and the Republican referendum of February 24, 2019, by the audiovisual institutions from Moldova”. Point 2 of the Conception provided that the broadcasters under the jurisdiction of Moldova reflect the election campaign at the mentioned elections, in accordance with the provisions of the Constitution, the Electoral Code, the Audiovisual Code, the Law on freedom of expression, the Law on ensuring equal opportunities for men and women, etc.
28.During the pre-election period (November 20–30, 2018), it was organized the National Campaign – STAND AS A CANDIDATE! BE THE CHANGE, with the participation of the candidates involved in the Local Elections 2019, the representatives of the local administration, of various political parties and the active women from the district.
29.During the period January 29–31, 2019, the Audiovisual Council held, with the support of the Council of Europe – 3 seminars (“Reflection of the election campaign at the parliamentary elections and the Republican referendum of February 24, 2019 by the audiovisual media service providers”), for journalists and publishers from radio and television stations in the country.
VI.Gender-based violence against women
Reply to paragraph 8
30.Among the new preventive actions and measures taken to prevent violence against women and domestic violence we mention:
(1)During the last years, a series of trainings have been carried out to strengthen the skills of the professionals in the field. In this regard, forensic doctors, police officers, judges and prosecutors were trained on the intervention and the role of justice institutions in responding to domestic violence cases. For the first time, in 2017, 22 police officers and 4 public lawyers from Gagauzia were trained on good intervention practices in cases of domestic violence. Similarly, in the years 2018 and 2019, there were carried out a series of trainings dedicated to journalists regarding the correct and professional reflection of the cases of domestic violence in the media.
(2)Approval of the Instruction on the intervention of the territorial structures of social assistance in the cases of domestic violence (Order no. 903 of 29.07.2019) and the Instruction on the intervention of medical institutions in the cases of domestic violence (Order no. 1167 of 15.10.2019).
(3)Actions to inform the public through the theatre, as well as the training of young people. Thus, this year, a show, produced by the M.A.D.E theatre, was presented to the public, in partnership with civil society and development partners, followed by over 4500 spectators from 16 localities in the country, who discussed the issue of violence against women and the consequences of this phenomenon, being a show about stereotypes and prejudices, creating a dialogue with the public about how to combat them.
(4)In March 2019, UN Women Moldova launched the “You Can Too” campaign, with the purpose of empowering women from different backgrounds to share their stories of discrimination, sexism or gender-based violence. The campaign shows five heroines who have overcome the challenges they faced and have become an inspiration for other women, with an impact of over 160,000 people on Facebook.
(5)With the support of development partners and civil society, 22 off lines were created for 618 young people, of which 345 girls and 273 boys. Based on 4-hour discussions, the youth produced 33 videos on how to combat sexual harassment, sexism, gender-based violence, how to promote positive social norms and attitudes.
(6)There were organized a series of trainings for young lawyers from Moldova and students from the law school on the issue of gender-based violence and domestic violence, with the focus on the main stereotypes and the current legal framework in the field.
(7)There were organized co-creation workshops for young people and representatives of civil society, regarding the application of positive deviance and virtual reality in the prevention of gender-based violence.
31.During the project “Promoting respect for women’s rights in Moldova by combating gender-based violence”, implemented by civil society organizations, it was developed the Practical Guide “Documenting gender-based violence”, which offers specialists in different fields broader information on documenting cases of violence and its impact on the victim.
32.The Ministry of Health, Labour and Social Protection with the support of development partners has created a government website (www.antiviolenta.gov.md) dedicated to preventing and combating violence against women and domestic violence, for better access to information on the mechanism for solving cases of domestic violence, social services infrastructure for victims of domestic violence and aggressors, as well as useful resources in the field for both victims and specialists.
33.During the year 2018, the courts have issued 666 protection ordinances (PO), and in the first 6 months of 2019 – 285. (Annex – Table 1). For the intentional non‑execution or avoidance to execute the measures established by the court in the protection ordinance of the victim of domestic violence, shall be provided criminal liability according to art. 3201 Criminal Code, which is sanctioned with unpaid work for the benefit of the community from 160 to 200 hours or with imprisonment of up to 3 years.
34.Regarding the Emergency Protective Orders (EPO) during 2018, 3877 EPO were issued by the police, and in the first 6 months of 2019 – 2118 (Annex – Table 2). For the intentional non-execution or avoidance to execute the requirements of the Emergency Protective Orders, shall be sanctioned with a fine from 60 to 90 conventional units or with a contraventional arrest from 3 to 10 days.
Reply to paragraph 9
35.Regarding the efforts undertaken in the development of more specialized services for victims of domestic violence, during 2018 a new centre was created at local level in the city of Anenii Noi, financed from the state budget, for the year 2019 being allocated the amount of 804.3 thousand MDL. Similarly, recently there has been exposed the intention of Rascani city to open at local level a specialized centre dedicated to the rehabilitation of victims of domestic violence. At the same time, counselling and resocialization centres for family aggressors were also opened on the NGO platform in the city of Causeni, the Chisinau municipality and the “Stimul” Public Association from the city of Ocnita, funded from donor sources.
36.With reference to the situation in the Transnistria region, in 2015 it was opened a temporary shelter for women – victims of domestic violence and human trafficking, the “Resonance” Centre created with the support of UNDP Moldova, and other partners and stakeholders.
37.Starting with July 2019 with the support of UNDP Moldova and AIDS, a new centre has been opened. It meets international standards for shelters and will be able to accept twice as many women and children as the old temporary one in Bender (12 places for adults and 4 places for children under 3 years).
38.During 2016–2019, 357 beneficiaries (238 women, 115 children and 4 men) benefited from crisis services at the “Resonance” Centre and 320 beneficiaries received full long-term support. The cases of 220 beneficiaries are closed, of which 182 women (83% of the completed cases) managed to solve their problems and emerged from the crisis situation.
Reply to paragraph 10
39.In 2018, the Ministry of Health, Labour and Social Protection in partnership with UN Women Moldova initiated the process of analysing the administrative data collected through the statistical survey “Domestic violence” for 2018. In this sense, it was finalized the statistical form which will allow data collection on this subject by the MHLSP from all territorial structures of social assistance, based on the data recorded by the community social assistants and the specialized social service providers subordinated to the local public authorities. Also, the specialists of the territorial structures of social assistance (TSSA) were trained on how to complete the statistical form, being elaborated and approved the Instruction for the specialists responsible for completing the statistical form no. 9 “Domestic violence” (Order of the MHLSP no. 53 of 16.01.2019).
40.Also, in 2019 the evaluation report “Statistical indicators on sexual health and reproduction and on gender-based violence in the health system of the Republic of Moldova” was prepared with the support of civil society and development partners. The purpose of the report is to identify and analyse statistical indicators in the health system in the fields of sexual health and reproduction and gender-based violence at national and international level and to recommend statistical indicators on sexual health and reproduction and gender-based violence for the health system in Moldova.
41.With reference to the presentation of statistical data reflecting the number of cases of gender-based violence against women, investigated by the police, these are presented in the tables in the Annex.
VII.Trafficking and exploitation of prostitution
Reply to paragraph 11
42.The concept of the National Referral Mechanism for the protection and assistance of crime victims was elaborated, following the approval of Law no. 137/2016 on the rehabilitation of crime victims. The concept was developed in order to implement in practice the rights of crime victims, as one of the most vulnerable categories of the population, based on the intersectoral and interdepartmental interaction.
43.According to art. 12, para. (1) of Law no. 152/2006 on the National Institute of Justice, the initial training of candidates for the positions of judge and prosecutor is one of the mandatory conditions for appointment in the positions of judge and prosecutor for persons who have not a seniority of 5 years in the legal specialties provided in Law no. 544/1995 on the statute of the judge and in Law no. 3 of 25/2016 on the Prosecutor’s Office. In the same vein, in the period of 2018, 96 hours of training were carried out in the field of initial training in the field of respecting the fundamental rights and freedoms of people with disabilities.
44.As far as continuing training is concerned, the following categories are required to attend continuing training courses: clerks, judicial assistants, chiefs of secretariats of the courts, prosecutor’s advisers, probation counsellors and lawyers who provide state guaranteed legal assistance. Continuous training of judges in office and prosecutors in office consists of at least 40 hours per year.
45.During the period 2018–2019, within the continuing training about 450 persons were trained, including judges, prosecutors, criminal prosecution officers, lawyers who provide state guaranteed legal assistance, judicial assistants, clerks, probation counsellors, consultants of prosecutors.
46.Trainings were organized for 175 judges and 75 prosecutors in order to ensure a deep understanding of the dynamics of cases of violence, the legal framework, international standards and best practices regarding effective interference, based on a multidisciplinary approach.
47.On December 17–18, 2018, the Union of Lawyers of the Republic of Moldova, together with the Office of the United Nations High Commissioner for Human Rights, organized 2 workshops per day (8 academic hours) to train lawyers (approximately 40 people). The theme of the workshops was: “Providing qualified legal assistance, determining case strategies for the protection of victims of sexual violence and that based on gender stereotypes”.
48.For the period November 20–21, 2018, for the lawyers providing state guaranteed legal aid, it was organized the training course “Provision of state guaranteed legal services for victims and potential victims of human trafficking: new trends and challenges”.
49.The proposal to increase the conventional units for the practice of prostitution (regulated in the Civil Code of art. 89, paragraph (1)) was argued by the author of the initiative (MJ) by the fact that these new regulations will prevent the committing of new contraventions.
50.Paragraph (2), of art. 89 stipulates that the person employed in prostitution contrary to his/her will is relieved of contravention responsibility.
Reply to paragraph 12
51.In Republic of Moldova, according to the legislation, women have equal rights with men, including health care services, primary health insurance, registered by the Health Care Law no. 441/1995 where in article 17, “The right to health insurance”, according to which it is offered to all, regardless of nationality, race, gender, social belonging and religion.
52.The Government is committed to ensure access to sexual and reproductive health services, tailored to the needs of beneficiaries, including women, girls, people with specific needs (e.g. adolescents, victims of sexual violence and human trafficking, socio-economically vulnerable persons, people with disabilities, the elderly, etc.), without discrimination.
53.The normative framework for regulating the domain can be found in the provisions of Law no. 138/2012 on reproductive health, National Program on sexual and reproductive rights for the years 2018–2022, approved by the Government.
54.The abovementioned program aims to: (i) increase access to sexual and reproductive health services for the entire population, (ii) provide quality services focused on the needs and rights of beneficiaries and (iii) access to adequate education and information of the population regarding sexual and reproductive health and their rights in this area.
55.The purpose of the Program is to ensure the population, regardless of gender, age, ethnicity, residence environment, religious affiliation, socio-economic health status and any other criteria, with a satisfactory sexual and reproductive health status, at all stages of the life cycle.
VIII.Participation in political and public life
Reply to paragraph 13
56.During the 2019 parliamentary elections held for the first time on the basis of the mixed system, for the national constituency, all the electoral competitors have complied with the legal provisions regarding the minimum quota of representation. Thus, the share of women on the lists of candidates registered 41.8%. Even if the political parties respected the gender quota, appointing more women on the list of candidates, their positioning was quite inequitable. In the case of uninominal constituencies, however, the percentage of women candidates was much lower – 21%. Because of this, the total percentage of women candidates in the elections finally reached 33%. As a result of the elections, based on the new electoral system, 26 women were elected.
57.At the same time, the new legislature formed has revised the legislation on the electoral system and has adopted new amendments aimed at:
•Returning to the proportional system;
•The obligation of the proportional distribution of women and men on the party lists in the electoral rolls, as well as sanctions for the parties that do not respect these provisions. In this respect, the political parties will have to respect the quota of 40% for each decile (for every 10 seats, 4 must be of the opposite sex);
•Measures aimed at financing the parties and distributing allowances, including 7.5% for political parties commensurate with women actually elected in parliamentary elections, 7.5% for political parties commensurate with women actually elected in local elections and 5% for parties policies commensurate with the young people actually elected in the elections (parliamentary and local);
•The exclusion from the electoral race of the parties that did not respect the minimum gender quota of 40%.
58.During the period February–June 2019, it was implemented the program “Roma women in politics”, within which 38 Roma women attended trainings, benefited from mentoring and guidance. The project aimed to increase the number of Roma women in the decision-making process at local level. Therefore, the participants learned about the importance of being a leader, gained knowledge in the electoral field, were encouraged to participate in local elections, as well as to organize campaigns/activities for civic involvement of the Roma community.
59.In the local elections of 2019, 13 Roma women and 7 women with disabilities applied for the mayor and councillor functions. The results of the local elections indicate that 6 women with disabilities and 4 Roma women were elected in local councils.
Reply to paragraph 14
60.According to the Education Code no. 152/2014, the local public authorities have the obligation to ensure the proper functioning of the general education institutions in accordance with the regulations and standards approved by the Ministry of Education, Culture and Research.
61.The Ministry receives annually from the Local Specialty Bodies in the Field of Education (LSBFE) the data regarding the assurance with physical access in the institutions of general education of people with disabilities. Currently, 388 primary and secondary general education institutions in the republic are equipped with a slope/access ramp and 160 institutions – with an adapted sanitary group. Also, 131 institutions of early education are equipped with slope/access ramp, 32 institutions – with adapted sanitary group and 30 institutions – with adapted playground. The number of institutions mentioned is expanding every year.
62.In 2017, the access for students with disabilities in 2 secondary technical and vocational education institutions (STVEI), has been adapted. There were carried out works to adapt the access roads in the study block and the classrooms from the first floor, the home (rooms on the first floor and the kitchen), the bathrooms. From the perspective of ensuring the physical access of people with disabilities in the technical and vocational education institutions, the reconstruction of 10 Centres of excellence is being carried out at the moment.
63.A new Action Plan on the support of the Roma population in the Republic of Moldova for the years 2016–2020, was adopted, which represents a continuation of the commitments of the Government of the Republic of Moldova in the social edification of Roma inclusion.
64.In order to improve the access of Roma girls to education, there were conducted a series of information and awareness campaigns for parents from all districts, as well as information sessions and discussions. Similarly, during the last 2 years it was monitored the application of the Monitoring instrument for the preparation of the child for school, which aimed to determine the positive and problematic aspects of the implementation of the Instrument and to make recommendations regarding its improvement and the implementation procedure.
65.At the same time, in the localities intensely populated by Roma it was ensured the transport of the children to the educational and pre-school educational institutions and the provision with textbooks of Roma students from the pre-university education. During the last years, the children who come to the 1st class on September 1st receive as a gift the first textbook – the Primer. At the beginning of the school year, all the Roma students received from the local town halls material assistance for the purchase of clothing, footwear and school supplies.
66.Also, there was monitored the process of implementing the Instruction and the Action Plan on preventing and combating school dropout and absenteeism in general education, during the year 2018, 31 Roma children were integrated in the school.
67.According to the competences, the MECR monitors the schooling and school dropout of children aged 7–16 years (compulsory education) in accordance with the Instructions and Action Plan on preventing and combating school dropout and absenteeism in general education (approved by the ME Order no. 559 of June 12, 2015). The Ministry continues the activity of the joint commissions, made up of the collaborators of the educational directorates, of the educational institutions and of the police commissariats, regarding the actions carried out in order to enrol in the general education of the children from the risk groups and to prevent the school dropout.
68.Among the causes of school dropout and non-enrolment of Roma children may be mentioned the following: they are periodically leaving for work with parents out the territory; parental refusal and work with parents; fugitives, vagrancy; early marriage, childcare leave; poor material condition. In the Taraclia, Edinet, Rascani, Hancesti, Leova districts during the 2018–2019 school year, there were no problems with Roma children regarding abandonment or absenteeism, the children are missing only in case of illness or motivated. Exception: the Theoretical High School from Mihaileni village, Rascani district where 3 Roma students dropped out of school. The reasons for abandonment are the periodic departure of parents from the country. Measures taken in this regard: conducting home visits, discussions with parents, information requests to the multidisciplinary team of local public administration, elaboration of work programs, collaboration with the specialist for the protection of child rights. In Soroca district 2 teachers were hired to support the integration of Roma children and to prevent absenteeism and school dropout.
69.In the district of Nisporeni, there was implemented the project “Increased promotion of the participation of Roma children in education”, implemented by the Youth Resources Centre “Dacia”, funded by UNICEF Moldova. Better results were perceived in the process of starting the project (as long as they were fed and benefited from material support/clothes, footwear), at the end of the project the rate of school absenteeism significantly dropped. As a result of this project for the first time 2 Roma students were admitted in the 10th grade.
70.Regarding the impact of the program Personal development and career design, we mention that 4 Career Guidance Centres were created within the territorial structures of ANOFM (National Employment Agency) in Cahul and Soroca and 2 in Chisinau, where young people have access to career guidance services outside the study program. All centres was set up access for people with disabilities, but the Chisinau Centre (AOFM Botanica) was also provided with the only platform in the country, with which it can be evaluated the employment potential of people with disabilities, the evaluation of manual dexterities and the matching with the profile of a job. Over 10,000 young people have already benefited from the services of the Career Guidance Centres.
71.Following the educational program (GirlsGoIT), 18 young people began their studies in computer science at the Technical University. This is an important step towards a larger number of women engaged in non-traditional sectors and sends an important message to the society about the role and capabilities of women and girls. Four young people from this group, including a young Roma, have now gained work experience at international IT companies (DAS Solutions, AMIGO and FFW), through the internship programs they have completed. This result leads to their employment in well-paid jobs in the ICT sector.
Reply to paragraph 15
72.The National Employment Strategy 2017–2021 is implemented through the Annual Action Plans. Thus, the actions included in the Plan for the year 2018 have contributed to achieving the following major results with an impact on the integration of women in the labour market, such as:
•Increasing access to loans for small and medium-sized enterprises;
•Support for agricultural producers, including women and young people by granting subsidies. These have stimulated the attractiveness of investments both in the national economy and largely in the agro-industrial sector. The granting of these financial facilities contributed to the creation of more than 5000 new jobs;
•Launching programs to support entrepreneurship among women, such as the “Women in Business” Program;
•Implementation of the program of attracting remittances to the economy “Pare 1 + 1”, within which 224 projects have benefited from financing, of which 31% are women’s projects.
73.During the year 2019, the Draft Law for the modification of some legislative acts was elaborated (in order to prevent and combat sexual harassment in the workplace and in the education system). The provisions of the Draft Law refer to:
•Completing with provisions in the field of prevention and examination/settlement of sexual harassment in the workplace of the following normative acts: Law on Trade Unions, Law on the State Labour Inspectorate, the Labour Code;
•Completing the Education Code with a new chapter – Preventing and eliminating violence and sexual harassment in educational institutions;
•Amendment of the Contravention Code regarding the application of sanctions in cases of breaches of labour law, on the part of establishing the procedures necessary to combat sexual harassment.
74.According to the data of the law enforcement bodies, in the period 2017 – I semester 2019 (Tables 3–5 of the Annex), in accordance with art. 173 “Sexual harassment” of the Criminal Code were registered 73 criminal cases.
75.Another institution empowered with the right to examine cases of sexual harassment is the Council for the Prevention and Elimination of Discrimination and Ensuring Equality (hereinafter – the Council). Thus, during the period July 2013 – December 2017 at the Council were examined 10 cases of harassment, of which 1 is gender-based. Following the information campaigns carried out by the Council in conjunction with national and international partners, in 2018 the number of complaints addressed to the Council increased and 10 cases of harassment were registered on different criteria, of which 3 are gender-based.
Reply to paragraph 16
76.In accordance with the Action Plan for the implementation of the Strategy for ensuring equality between women and men in the Republic of Moldova for the years 2017–2021, the Centre “Partnership for Development” (CPD) in collaboration with international and national experts, has elaborated the draft of the Analysis Report on the compatibility of the national legislation with the principle of transparency in pay.
77.During 2018, the Government approved a series of amendments to the Education Code no. 152/2014. These changes were aimed at ensuring the access of children from 2 years old to preschool education services, thus contributing to the development of their skills. The initiative ensures access to educational services especially for children from socially vulnerable families. At the same time, due to the fact that these services will be accessible for children from 2 years old – the parents will be able to integrate more easily into the field of work.
78.At the same time, we mention that at the end of 2018, 1484 early education institutions were operating in the country, including 835 – with nursery-kindergarten status, 541 – kindergartens, 83 – schools-kindergartens, 23 – community centres and 2 nurseries.
Reply to paragraph 17
79.Primary health care is based on family medicine and, in rural areas, primary health care services are provided by the Offices of the Family Doctor and autonomous health centres (about 260 institutions, with legal personality with 627 Offices of the Family Doctor and 385 Health Offices), while in urban areas these services are offered through large family medicine centres (Medico-Territorial Associations AMP), contracted directly by the National Insurance Company in Medicine. The financing is provided from the account of CHIF (compulsory health insurance funds) in a ratio of 30%.
80.About 174 primary medical institutions in rural localities have been renovated according to European requirements, with the financial assistance of projects financed by the World Investment Fund and the European Commission. In terms of autonomy, it has been possible in most rural primary medical institutions to improve the working conditions by performing capital repairs, equipping them with medical devices and sanitary transport.
81.However, the most acute problem at the moment is the lack of staff in the system, about 110 family doctors, especially in the rural sector. The Government has taken measures to motivate the resident family doctors to be included in the field of work with the 1.5 times increase of the unique allowance of the young specialists employed in the rural localities and constitutes 45 thousand MDL.
Reply to paragraph 18
82.The Government is committed to ensuring access to sexual and reproductive health services, tailored to the needs of the beneficiaries, without discrimination.
83.Sexual and reproductive health services are offered at the levels of health care: primary health care, specialized outpatient care and hospital care, both in the public sector from the compulsory health insurance funds, within the compulsory health insurance and the private one.
84.From 2015, the costs of contraceptive products are covered from the Compulsory Health Insurance Funds. Thus, primary health care institutions ensure the procurement of medical devices, contraceptives, including emergency, for the target population in the district: sexually active adolescents, especially those in vulnerability and risk, young people in vulnerable and at risk groups, as well as women of childbearing age in vulnerable and at risk groups; rapid HIV tests and standard sets of medicines for the treatment of urogenital infections, except syphilis and gonococcal infection, for people in vulnerable groups and medical and social risk groups.
85.The Unique Program of compulsory health care insurance was completed in 2018 with additional provisions to provide family planning services: consulting on family planning issues, including the choice of contraception for persons without obstetric risk, social-conditioned illnesses, etc., including providing contraceptives for the target population: sexually active adolescents, especially those in a state of vulnerability and at risk, young people in vulnerable and at risk groups, as well as women of childbearing age in vulnerable and at risk groups, with the administration of contraceptives, application or removal of IUD; taking the cytological sample.
86.In order to facilitate the access of young people with special needs to health services, especially those related to sexual and reproductive health, within 21 Youth Friendly Health Centres (YFHCs), out of the 30 which, with the support of the “Healthy Generation” Project were equipped with adaptable gynaecological chairs (with access ramps and/or lifts) for patients with special needs (in 2017, 30 chairs were purchased). Over 20% (about 10.5 thousand) of the beneficiaries of the YFHC advisory services were offered to vulnerable young people, including those with disabilities.
87.In 2018, modern contraception means were procured for the vulnerable groups of the population in the amount of 3 588. 9 thousand MDL.
88.In Moldova, the right of women to safe abortion is guaranteed by law. Every woman who stops pregnancy should be properly informed and is free to choose the method of termination of pregnancy and the method of anaesthesia, based on the information provided during counselling. Women in the vulnerable social group, who do not have financial resources, have the opportunity to receive a free abortion, in accordance with the provisions of the Order of the Ministry of Health no. 647 of 21.09.2010 “On carrying out the voluntary interruption of the course of pregnancy in safe conditions”.
89.The Ministry of Education, Culture and Research promotes Health Education from the perspective of all school disciplines and not separately. Starting with 01.09.2018, there is introduced a new curricular area – Counselling and personal development, which includes the mandatory discipline Personal development. The discipline is structured in 5 modules, one of them being the Healthy way of life, which includes such units of content as: The Healthy way of life – value emphasis. Health as a value. Health and life priorities. Health – an element of culture. Ways of manifesting the culture of personal health. Use of the right to illness prevention and health maintenance services.
90.Optional disciplines are the flexible component of the Education Framework Plan. One of the priority areas of the optional disciplines is Health Education and Quality Life, which come to develop in students:
•Obtaining, understanding and interpreting basic health information, using public services to strengthen own health;
•Understanding measures to prevent physical and mental illness, including, the importance of proper nutrition, physical exercise, stress reduction management;
•Use of existing information to make correct personal decisions in the field of maintaining and improving the health status;
•Forming the behaviour responsible for own life and health and those around;
•Understanding national and international public health issues.
91.During the 2018–2019 school year, the revised curriculum will be piloted at the optional discipline Health Education in 22 schools in the Republic.
XII.Economic and social benefits
Reply to paragraph 19
92.The normative acts elaborated by the National Bank of Moldova (NBM) do not establish any restrictions or conditions of a discriminatory nature, which would limit the access of women from the Republic of Moldova to financial services.
93.In order to increase the financial inclusion of the population, the NBM carries out broad activities to promote financial education, which contributes to better informing the population, including women, about the main role, attributions and functions of a financial-banking institution and about the basic principles of the economy.
94.Starting with 1999, the public social security system is based on two basic principles: the principle of equality, which provides all participants in the public system–contributors and beneficiaries – a non-discriminatory treatment regarding the rights and obligations provided by law, as well as the principle of contribution, according to which the social security rights benefit under the paid social insurance contributions.
95.According to the provisions of Law on the public pension system, the right to pension in the public pension system is established on the basis of unified criteria (retirement age, duration of the contribution period) for all employees, regardless of the employee’s function, the nature of the work, the importance of the field of activity, etc.
Reply to paragraph 20
96.The services of the family doctor are provided in the PHC (primary health care) institutions in the rural sector (health centres with its structural subdivisions FDO and HO), and those for family planning are provided in each district and municipality. All women, regardless of the area in which they live (urban or rural) have equal access to these services.
97.Women in rural areas have the opportunity to access family planning services in the administrative territory (district) and counselling on contraception issues, including to family doctor.
98.According to the legislation in force, all citizens have equal access to loans, regardless of gender, respecting the provisions of the respective procedures.
99.According to the studies carried out, it is found that the level of education of women in rural areas is much lower compared to women in cities. Only 46.4% of the active women in the rural area have higher education, specialized or secondary vocational education, and in the last years their share has registered stable tendencies towards diminution. This phenomenon is particularly alarming, compared to the proportion of women educated in the urban area, which constitutes over 75% of the active female population aged 15 and over. This fact does not report on the reduced tendencies of girls from rural areas to study, but is dictated by the subsequent opportunities to apply in the villages the knowledge obtained as a result of the studies. Thus, the possibilities of employing rural women, to develop activities to obtain incomes, which are smaller in comparison with the women from the cities, continue to amplify the phenomenon of migration of women educated from villages. It is known that, after graduating the average level of education, an important share of the people who go to study, do not return to villages after completing them. In the last 5 years there has been observed a greater concentration of young people in the urban area, especially those aged 25–29 years (Source: NBS).
100.The rural women who have children, interact with the educational institutions in the locality (kindergarten, school), by participating in various cultural-educational events, parent committees, where women are predominantly represented. To reduce the intensity of the pronounced patriarchal character of the rural community, in the immediate period more active measures are needed to increase the role and influence of education, mass-media and civil society in shaping the culture of gender equality in society and combating stereotyped visions, especially in rural areas. One of the projects supported by the MECR is “GirlsGoIT”, which aims to provide girls aged 14–20, including from rural areas, better employment opportunities in the STEM sector (Science, Technology, Engineering and Mathematics).
101.Currently, Law no.105/2018 on labour force promotion and unemployment insurance provides for some employment measures that aim to increase the employment opportunities of the unemployed in the rural area, addressed to both the unemployed and employers. The support granted to the unemployed who want to start an entrepreneurial activity – is one of the new active employment measures, which provides for the subsidy to compensate the expenses related to the creation of a business, including the business started in the rural area.
102.Another active measure is to support the projects of local initiatives, which can support rural employers who create new jobs in rural areas and employ the unemployed in these jobs.
103.In addition, the National Employment Agency stimulates the mobility of the labour force by granting the allowances to the unemployed from the rural area, who are employed in another locality.
104.Planned measures to provide entrepreneurship programs for women in rural areas:
(1)The reform of the employment system, launched by the Government in the period 2016–2018 – The new provisions aim at increasing the level of employment and reducing social exclusion in the labour market, as well as reducing inequalities and ensuring equal opportunities on the labour market. The reform aims at preventing and reducing unemployment and its social effects, reducing the risk of unemployment and ensuring a high level of employment and adapting to the demands of the labour market. The policies of reconciling the professional career with the family responsibilities will lead to increasing the employment rate of women, but also to diminishing the existing wage gap between women and men – from 87% to 90% until 2021. The level of inclusion of vulnerable people in the labour market (people with disabilities, those of retirement age, with low level of qualification, especially from the rural area, etc.) will increase as a result of the personalized active measures, but also through the development of the forms of social entrepreneurship, the promotion of learning throughout life, inclusion in the technical and vocational education, etc.
(2)The Pilot Program “Women in Business” – approved by Government Decision no. 1064/2016, in order to provide financial and non-financial support by providing subsidies for investments and services relevant to the development of businesses by women, especially from rural areas and young women. Since the launch of this program and until now more than 400 women have been assisted in the process of launching the business through training and consultancy, out of which 179 women registered their business in the first six months after participating in the training. Under another component of the Program, companies registered over two years and managed by women applied and benefited from subsidies for the purchase of technology, equipment, as well as services for business development, with a maximum value of 165 thousand MDL per company, the total amount of the grants constitutes 39.58 million MDL. Also, we mention that, this year the Government approved the extension of this program until 2022.
(3)The National Mentorship Program for Active Women “INSPIR-O!” (Inspire it) – launched in 2017 and realized in 7 localities. The Program selected women from localities where women are not represented in local councils (mainly from rural area), to strengthen women’s leadership capacities. The 7 community mobilization projects have been implemented in different fields, namely, in health and sports, landscaping parks and playgrounds, training in leadership and gender education, improving sanitary conditions in educational institutions, but also security in traffic. As a result, the “INSPIR-O” Program has 27.261 direct or indirect beneficiaries, 3587 mobilized people, which mean 7.8% of the population of localities involved, 83 community mobilization actions and 699 people involved in volunteer work.
(4)Regulation on the conditions and procedure for granting advance grants for start-up projects from the National Fund for the Development of Agriculture and Rural Environment (FNDAMR). It establishes the allocation of subsidies in advance, in order to encourage young farmers, including women farmers, between the ages of 18–35, to create small businesses, improve their economic performance, create new jobs, etc.
(5)The Government has elaborated and promoted the draft Regulation regarding subsidies for improving the standard of living and work in the rural environment of the FNDAMR. This Regulation establishes the measures, conditions and procedures for granting advance subsidies for the improvement and development of rural public economic infrastructure, the renovation and development of the rural locality and the diversification of the rural economy through non-agricultural activities. At the same time, according to the Action Plan on the implementation of the National Strategy on Agricultural and Rural Development (NSARD) 2014–2020, the draft normative act follows the:
•Implementation of at least 50 projects annually in order to improve and develop the public infrastructure and services provided to the rural population;
•Ensuring the developed infrastructure and improved services for about 250.000 beneficiaries annually;
•Creation of at least 30 new businesses annually, which will generate more than 130 jobs, of which 30% are destined for women.
XIV.Disadvantaged groups of women
Reply to paragraph 21
105.One of the major results obtained according to the objectives stipulated in the Action Plan on supporting the Roma population from the Republic of Moldova for 2016–2020 was the establishment of the community mediator function for the densely populated Roma localities. Currently there are 33 community mediators, the majority of them being women, which shows an increase of participation of Roma women in public life. The expenses regarding the implementation of the Plan are financed by the state, by allocating the necessary funds in the budgets of the institutions responsible for execution. Also, as the case may be, there are attracted European funds, technical assistance projects and programs, subsidies, projects regarding the development of public-private partnerships, sponsorships and other sources not prohibited by law.
106.In order to ensure the needs of women in detention, they are permanently supported and encouraged for participation in the professional training process, as well as in various educational, psycho-social and preparation for release activities organized within the penitentiary institutions.
107.At the same time, for the development of creative skills and the management of free time, during the national holidays, cultural activities are organized with the participation of a large number of female detainees. A special contribution in the psychological and behavioural development of the women detained is due to the activities organized with the support of religious confessions and NGOs.
108.The possibility of entering into paid work during the period of detention is offered within the State Enterprise “Rusca”, which carries out its activity in the territory of the penitentiary, as well as by committing to the household service of the institution or in the agricultural brigade for seasonal works.
109.Likewise, the female detainees have the opportunity to study in the Vocational School of the penitentiary where at present 50 persons are enrolled in various specialties.
110.Also, with the support of religious confessions, the social therapy program runs in the penitentiary, through which a group of female detainees make greetings by the quilling method.
111.The detained mothers are placed two in a room, being provided with the necessary material support, so that children grow and develop normally for the age they have. In the sector there is a play room, equipped with appropriate equipment and a walking yard, where children have the opportunity to spend time with mothers and where they can practice different activities.
112.Both mothers and children enjoy permanent and quality healthcare services, provided by the medical staff within the institution. The children are vaccinated periodically, in accordance with the medical provisions, they enjoy specialized control and professional medical assistance, being provided with appropriate medicines and nutrition.
113.In order to develop the parental skills and cultivate the correct habits of caring for a new born, the detainees-mother in the penitentiary are included in the “Mother’s School” Program. The activity is focused on combining the pedagogical and therapeutic aspects, taking into account the particularities of the children age, which are held by their mothers.
114.We mention that, periodically, there are conducted individual conversations with the mothers held for educational purposes, in order to identify the social needs and problems they face or which may arise over time.
Reply to paragraph 22
115.Currently, 1420 beneficiaries are placed in the social institutions for adults, of which 813 are women.
116.The information on the intermediate result for the years 2018–2019 according to the National Program for the social inclusion of people with disabilities, namely of women, is shown in the table in the Annex.
117.Also, on December 18–20, 2018, it was organized the seminar “Strengthening the capacities of the NASA (National Agency for Social Assistance) employees and managers of temporary placement centres for people with disabilities with a view to preventing torture, reducing ill-treatment, abuse and discrimination” (118 hours of training), attended by 30 people.
118.In addition to the above, we mention that during the years 2018–2019 there were no cases of sexual abuse found or registered in the managed institutions. And in case of suspected abuse, the staff registers the case and announces the competent bodies for its resolution (inform the Ombudsman, the Prosecutor’s Office, the Police, etc.). Also, the beneficiaries were provided with informative materials about their rights and about the courts where they can call in case of such situations.
XV.Marriage and family relations
Reply to paragraph 23
119.According to the provisions regulating the conditions and the manner of ending the marriage in the Family Code, for the conclusion of the marriage it is necessary the mutual consent, uncorrupted, expressed personally and unconditionally, of the man and the woman getting married, as well as reaching by them of the marriageable age. The minimum marriageable age is 18 years, and for good reasons, the conclusion of the marriage with the reduction of the marriageable age may be agreed, but no more than two years. The reduction of the marriageable age will be approved by the local guardianship authority in whose territorial area the persons wishing to marry are domiciled, based on their request and the agreement of the parents of the minor. The conclusion of the marriage takes place in the civil status bodies, as well as in other bodies authorized by law. Regarding the undertaking of effective measures to ensure the access to education of Roma people, please see question no. IX “Education”.
120.The civil law in the matter of succession and inheritance does not provide for certain impediments in obtaining the property right over a good and does not affect the rights of women in this respect. Thus, any person irrespective of race, nationality, gender, ethnic origin, language, political affiliation enjoys the same rights both theoretically and practically.