NOTIFICATIONS, FINDINGS AND RECOMMENDATIONS OF MOLDOVAN HUMAN RIGHTS INSTITUTE TAKEN INTO ACCOUNT, SOME CONTAINED IN RECOMMENDATIONS BY UN COMMITTEE FOR ECONOMIC, SOCIAL AND CULTURAL RIGHTS (CESCR)

On 6 October 2017, the UN Committee for Economic, Social and Cultural Rights (CESCR) published the conclusions and recommendations for the Republic of Moldova on implementation and observance of the rights recognized and guaranteed through the signing of the International Covenant on Economic, Social and Cultural Rights.

The Moldovan Human Rights Institute (IDOM) together with the Mental Disability Advocacy Centre (MDAC) prepared and sent to CESCR a joint report focused on a comprehensive analysis of the respect for human rights, especially on the respect for the rights of persons with mental disabilities and for the rights of persons living with HIV/AIDS (PLHIV). The joint report included an analysis of the existing situation in Moldova in terms of the most frequent human rights violations and recommended making amendments to the national legislation, policies and practices that had generated violations of the rights guaranteed by the Covenant.

The contribution of IDOM and of the Moldovan civil society to improving the situation with observance of human rights found reflection in the CESCR’s recently published conclusions, in sense that most of the problems flagged and recommendations suggested are found in CESCR observations and conclusions.

In the PLHIV area, IDOM flagged violations of the rights of PLHIV through the failure to keep confidential private data about their health condition, and recommended that those legal acts that are subordinated to the law and allow disclosure of confidential information be cancelled; the need to make changes to Art.212 of the Moldovan Criminal Code by revising the criminalization of HIV transmission; removal of the criminalization of the expose to the HIV contamination risk; removal of discriminatory provisions that criminalize HIV infection only by a person who lives with HIV, etc. IDOM’s notifications in this area had been taken over and can be found in p.64 and p.65 of the CESCR Recommendations.

In the mental health area, IDOM flagged human rights violations through unjustified deprivation of legal capacity of persons with mental disabilities; prohibiting them to marry and create a family, violation of the rights on freedom to choose the place to live; discrimination of persons with disabilities in the social security area; violation of the right to the highest standard of physical and mental health by providing insufficient and unqualified medical assistance; subjecting the persons with disabilities to ill-treatment; speeding up the reform on the deinstitutionalization of persons with disabilities placed in psychiatric hospitals or psycho-neurological institutions; establishing protection measure that would be alternative to deprivation of legal capacity and guardianship and be focused on supported decision-making.

IDOM’s notifications, findings and recommendations were taken into account and some of them are found in CESCR Recommendations.

IDOM will continue monitoring the implementation and observance of CESCR recommendations by the authorities, which in fact are a priority and can also be found in the national strategies on justice and human rights for the following period.

Click here for the UN Committee recommendations:

http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=E%2FC.12%2FMDA%2FCO%2F3&Lang=En 

 

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