Moldova Report: Human Rights and Gender | Lawyer Moldova

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Saturday, 9 February 2013

Moldova Report: Human Rights and Gender

Human rights will remain high on the agenda as a result of efforts to deepen Moldova's European integration, because of Moldova's membership in the Human Rights Council and for other reasons, providing a positive context for reform. However, political polarization will remain a factor in the country, hindering to some extent positive human rights impact in certain areas. It is expected that certain sectors can remain resistant to reform, in particular the Ministry of Interior and other areas related to security, as well as psychiatric care. Long-term efforts are needed for reforms in these areas. Church advocacy is expected to continue, bringing conservative perspectives to certain areas of human rights, including in the field of education, sexual and reproductive rights, the rights of minorities and elsewhere. Strengthening European frameworks for Roma inclusion creates opportunities to resolve extreme social exclusion of certain sectors of the Romani communities, but local opposition can undermine or block reform opportunities, if not properly managed. System weaknesses continue to give rise to abuses, particularly in the area of combating domestic violence, anti-trafficking and other areas where the state authorities have positive obligations to end harms taking place in non-state settings. Justice sector reform remains on the agenda, with effectiveness of justice procedures improving only slowly. Systems to enhance confidentiality and personal data security in the health sector are imperative. 

The promotion and protection of the rights of victims of human trafficking through the justice system remains a serious issue due to persistence of corruption and impunity within criminal proceedings on cases of trafficking and related cases. Extensive reforms as well as further strengthening of institutional capacities are necessary to address these issues. On the other hand, it is important to continue the geographical extension and strengthening of the National Referral System and to implement the Integrated Information System on the management of cases of domestic violence, trafficking in human beings, HIV, Disability and Child Protection. The difficulty refugees face in their applications for citizenship points towards the need to further streamline this process, to educate officials and to streamline the bureaucratic systems that many persons in need of documentation view as discriminatory.

Although the number of children in detention has decreased to 75 in 2010, due to the Law on Amnesty in 2008 and to the increasing use of alternative measures, the community- or school-based programs oriented at prevention of juvenile delinquency, early detection and referral of children at risk of offending are weak or non-existent. Legislation and policies in regard to children under minimum age of criminal responsibility remain poorly defined. 

To address sector challenges, UN should work closely with European and other international partners in human rights reform efforts, as well as with civil society. UN programming and actions should be based on recommendations brought by international and European human rights review bodies, including UPR, Treaty Body Review, Special Procedures, and Council of Europe review processes, as relevant. UN should continue to work to strengthen public human rights structures such as the Ombudsperson institution, as well as the human rights elements of the justice sector. UN should continue to support the work of civil society, and strengthen the human rights and gender equality NGO sector. UN Moldova should take advantage of on-going discussions to design a Roma inclusion pilot into UNDAF, linking on-going work at agency level (UNICEF, UNDP, UNFPA, UN Women, WHO, OHCHR).

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