Center for Human Rights of Moldova Observance of Human Rights in the Republic of Moldova in 2014 Chisinau 2015 CONTENTS PREAMBULE …………………………………………………………………..…... 3 CHAPTER I The Rights of Future Generations Responsibility towards Future Generations........................................................................ 4 CHAPTER II Observance of Human Rights in the Republic of Moldova .................................................... 16 1. Free access to justice…................................................................................................ 16 2. The right to health care……........................................................................................ 18 3. The right to social assistance and protection.............................................................. 22 4. Protection of persons with disabilities....................................................................... 29 5. The right to work and labour protection................................................................... 35 6. Non-discrimination and the principle of equality...................................................... 40 7. Freedom of expression and the right to information................................................. 45 8. The right to vote and to be elected……..................................................................... 48 9. The right to property and its protection……............................................................. 52 10. Observance of human rights in the Transnistrian region and bordering localities ………………………………………………………………………….55 CHAPTER III Powers of the National Ombudsman Institution through the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment...................................................................................................................................62 CHAPTER IV Observance of Child’s Rights in the Republic of Moldova............................................108 CHAPTER V Activity for the Promotion of Human Rights in the Community.........................................127 CAPITOLUL VI Other Aspects of the Activity of the Center for Human Rights in 2014…….. .................. 137 PREAMBULE In 2000, along with other 189 countries, the Republic of Moldova joined the „United Nations Millennium Declaration: human development – paramount objective” pledging thereby to contribute to the achievement of the eight Millennium Development Goals (MDGs). The document affirms the commitment of the international community to the fundamental values of humanity – freedom, equality, solidarity, tolerance, respect for nature and shared responsibility – and emphasizes the importance of solving major issues related to peace consolidation, observance of human rights, ensuring sustainable development and protection of environment. The Millennium Development Goals have the year 2015 as deadline. However, 2015 is not the terminus for international development – currently an intensive dialogue on the post-2015 development framework is taking place globally. Thus, the year 2015 is becoming a symbolic and essential one, as it is the year when major international decisions are to be taken on the development framework to replace the MDGs over the coming decades. For this reason, by the decision of the European Parliament and the Council of Europe of April 16, 20141, the year 2015 was designated as „European Year for Development”, the motto being „Our world, our dignity, our future”. One of the objectives of the European Year for Development is to reach a broader understanding of policy coherence for development, as well as to foster among citizens in Europe and developing countries a sense of joint responsibility, solidarity and opportunity in a changing and increasingly interdependent world. As it is a first approach to the rights of the future generations, in terms of the powers of the Ombudsman in the Republic of Moldova, I prefer not to come with recommendations for remediation, as they are easy to deduce, but to ask a few questions to which to look for and, most importantly, find answers together: Does the Republic of Moldova wish to be more respectful and generous towards its future generations? Is the protection of generally human values of the future generations a fully aware priority in the Republic of Moldova? Where is the concern for the rights of future generations placed on the list of priorities of each of us? Director of CHRM, Anatolie MUNTEANU 1http://eur-lex.europa.eu/legal-content/RO/TXT/PDF/?uri=OJ:L:2014:136:FULL&from=EN CHAPTER I THE RIGHTS OF FUTURE GENERATIONS RESPONSIBILITY TOWARDS FUTURE GENERATIONS ”We act so that nobody will hold us accountable: future generations do not vote, they have no political or financial power; they may not oppose our decisions” (from the Report of the World Commission on Environment and Development „Our Common Future”) Nobody doubts that humanity has responsibilities to children and grandchildren at least morally if not legally. Caring for the future generations is a characteristic of humankind, this care is an aspect of cultural diversity, a universal value and a basic principle of international treaties and of the Constitutions of many states. However, the concept of responsibility for the future generations is relatively new to the fields of law and politics form the theoretical, but more importantly from the practical point of view. It is believed that scientific and technical progress has led to the understanding of the fact that future generations are the tributaries of current actions and policies. Due to scientific research, the society is able, if it wants, to understand the long-term consequences of its actions, while the technical advances offer opportunities to reduce the destructive effects of such actions. The responsibility and obligations towards previous generations, present and future are among the constitutional values listed in the Preamble of the Constitution of the Republic of Moldova. State public policies must be developed based on these principles, to seek the restoration and maintenance of a rational balance, in the long term, between the economic and social development and the integrity of the natural environment, as understood and accepted by society. The moral aspects of this principle are formulated in the Declaration on the Responsibilities of the Present Generations Towards Future Generations adopted by the United Nations Educational, Scientific and Cultural Organization (UNESCO) in 1997: the needs and interests of future generations, freedom of choice, maintenance and perpetuation of humankind, preservation of life on Earth, protection of environment, human genome and biological diversity, cultural diversity and cultural heritage, common heritage of humankind, peace, development and education, non- discrimination. Every generation must seek the satisfaction of its own needs without leaving the future generations in financial liabilities – long-lasting large loans, foreign and domestic; social liabilities – neglecting investment in the human factor; demographic debts by unchecked population growth and environmental liabilities – natural resources depletion or pollution of soil, water and air. Population aging, being an unprecedented process in human history, which is slow but persistent, and according to experts irreversible for at least the next hundred years, indicates serious warning signals for future generations. In the national context, demographic aging is specific. It is caused by low fertility and high rates of mortality and exacerbated by the effects of large-scale emigration, the continuing impact of economic transitions, and more recently by the global economic crisis. The phenomenon of aging has a profound impact on all generations and over most areas of economic and social activity: the labour market, social protection, education, culture, politics. The decline of the working population and the aging of the labour force raise issues of particular economic and social development: the cost of pensions, strategies in education and training, health care and social assistance, adapted housing. Only in the last 20 years, the average age of the population increased by almost 5 years, life expectancy by about 3 years, the increase of the proportion of adult population of over 60 years related to the decrease of people under the age of 15, denotes a noticeable demographic crisis. The critical threshold of aging by12 %2 (the percentage of people of 60 and older in the total population) was exceeded back in 1988and reached the amount of 15.7 % in 2013. The index of demographic charge, i.e. the number of old people unable to work related to 100 people of working age is constantly increasing, reaching 51.5 people in 2014, from 49.9 people in 2011. The age structure of the population reveals an intense demographic aging phenomenon mainly due to declining birth rates in recent years, which resulted in absolute and relative reduction of the young population. Compared to January 1, 2000 on January 1, 2013, the drop in the share of children (0-14) from 23.8 % to 16.1 % is remarked and the increase of elderly population (60 and over) from 13.6 to 15.3 %. 2According to G. Bojio-Garnier scale, the indicator 12 and over qualify as “demographic aging”. On January 1, 2014, 559, 5 thousand people of the age of 60 and over lived in the Republic of Moldova (in 2013 – 527, 6 thousand; 2012 – 527, 6 thousand; 2010 – 512, 3 thousand; 2009 – 500, 4 thousand).