Committee on the Rights of the Child

Sixty- fourth session

16 September–4 October 2013

Item 4 of the provisional agenda

Consideration of reports of States parties

Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography

List of issues in relation to the initial report of the Republic of Moldova (CRC/C/OPSC/MDA/1)

The State party is requested to submit in writing additional, updated information (15 pages maximum), if possible before 1 July 2013.

The Committee may take up all aspects of children’s rights contained in the Optional Protocol during the dialogue with the State Party.

In the light of the Committee’s previous concluding observations on the Convention on the Rights of the Child of 2009 (CRC/C/MDA/CO/3) and the scarcity of data available in the State party report, please provide information on the progress made towards the establishment of a system of data collection covering all offences under the Optional Protocol.

Please provide statistical data (disaggregated by sex, age, nationality, ethnic origin, socioeconomic background and urban and rural residence), if available, for the last three years on the number of:

(a)Reported acts of sale of children, child prostitution and child pornography, as well as other forms of exploitation, including child sex tourism, with additional information on the type of action taken as a result, including the prosecution and punishment of perpetrators;

(b)Children trafficked into and out of the Republic of Moldova and children trafficked within the country for the purpose of sale, prostitution, engagement in forced labour, illegal adoptions, organ transfer or pornography, as defined in article 3, paragraph 1, of the Optional Protocol;

(c)Children offered, delivered, or accepted by whatever means for the purpose of prostitution, engagement in forced labour, illegal adoptions, organ transfer, pornography or marriage;

(d)Child victims who have been provided assistance with reintegration or have received compensation.

Please indicate if all forms of sale of children covered in article 2 (a) and article 3, paragraph 1 (a) (i) (b. and c.), of the Optional Protocol, child prostitution and child pornography, as well as grooming of children for sexual purpose, have explicitly been defined and criminalized. Please also indicate if the attempt to commit any of these crimes, as well as complicity or participation, have been criminalized.

Please indicate whether the draft national strategy on child and family protection has been adopted and if it covers all issues under the Optional Protocol. Please also provide detailed information on the human, technical and financial resources foreseen for its implementation.

Please indicate what activities have been conducted to raise awareness and disseminate the Optional Protocol among the general public, relevant professional groups working with and for children, and among children themselves.

Please indicate whether specialized training has been provided for persons who are likely to come into contact with child victims of the offences covered in the Optional Protocol in the course of their professional duties, such as judges, prosecutors, members of the police force and social workers.

Please provide information on the human, financial and technical resources allocated for the implementation of the Optional Protocol.

Please elaborate on the capacity of the National Referral System for the protection and assistance of child victims and potential child victims of the offences covered under the Optional Protocol. Please also indicate which mechanism children can address complaints to if they are victims of offences under the Optional Protocol.

Please indicate the measures in place to prevent children who are particularly vulnerable, especially Roma children, children living in poverty, children affected by migration, and children living in and/or who have run away from care institutions, from becoming victims of the offences under the Optional Protocol.

Please clarify whether the general part of the Criminal Code was amended to ensure that legal persons, including corporations, can be held liable for acts or omissions related to the sale of children, child prostitution and child pornography.

Please provide information on measures taken by the State party to provide assistance to victims of the offences covered by the Optional Protocol. In particular, please provide information on measures taken to ensure the rehabilitation, reintegration and compensation of child victims of sale of children, child prostitution and child pornography. Furthermore, please indicate what programmes are in place for the treatment of perpetrators of crimes covered under the Optional Protocol.