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CEDAW/C/MDA/Q/3/Add.1 2 August 2006 Original: English Distribution

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CEDAW/C/MDA/Q/3/Add.1 2 August 2006 Original: English Distribution CEDAW/C/MDA/Q/3 /Add.1 2 August 2006 Original: English Distribution: General Committee on the Elimination of Discrimination against Women Pre -session working group for the thirty-sixth session 7 – 25 August 2006 Responses to the list of issues and questions for consideration of the Combined second and third periodic report Republic of Moldova 1 The Ministry of Health and Social Protection of the Republic of Moldova has examined the additional issues of the Committee for Elimination of the Discrimination Against Women (CEDAW) addressed to the Republic of Moldova after the second periodic Report (compiled with the third one) regarding realization of the provisions of the International Convention on elimination of any forms of discriminations against women and presents the information according to the proposed list of questions. General 1. The second periodic Report (compiled with the third one) regarding realization of the provisions of the International Convention on elimination of any forms of discriminations against women (in continuation Report) has been elaborated by focal teams within the ministries and departments during the workshops organized with the financial support of the project „The Program for Leaders formation”, UNDP Moldova. The definite version of the Report has been presented and discussed during the meeting of the Governmental commission for women problems dated 23rd of December 2003. The members of the respective Governmental commission are also the non- governmental organizations activating in the sphere of promoting and observance of the gender equity principle, the academic medium social partners. The draft of the presented Report was approved by the majority of the members and was sent to the Ministry of Foreign Affairs and European Integration in order to be further sent to the Committee for Elimination of the Discrimination against Women (CEDAW). 2 2. The information regarding the implementation of the National Plan “Promotion of human gender equity in the society during 2003-2 005”: the major achievements of the National Plan: 1. Adoption of the Law on ensuring equal opportunities for women and men Nr. 5-XVI as of 09.02.2006. National mechanism on gender issues is created. 2. During 2005, in order to improve labor market 4621 of unemployed persons (72 % are women) have been trained at the professional courses. 3. At the Parliamentarian elections in 2005, the number of women in election lists was increased, as result the number of women – Member of Parliament increased from 16 out of 101 (15.8%) in 2001 to 21 (20.8%) in 2005. 4. On July 20 the Draft Law on Domestic Violence has passed the first reading in the Parliament of the Republic of Moldova. The constitutional, legislative, institutional and statutory frame work of the Convention 3. International Convention on elimination of any forms of discriminations against women (CEDAW) has as its statute an international treaty and according to art.4 “Rights and freedoms of the human” of the Constitution of the RM: „(2) In case of discrepancies be tween the agreements and treaties regarding the fundamental rights of the human at which the Republic of Moldova is a member and its internal regulations, priority is on the behalf of the international regulations”. 3 According to art. 16 section. 2 from the Constitution of the Republic of Moldova “All the citizens of the Republic of Moldova are equal in front of the law and of the public authorities, in spite of race, nationality, ethnic origin, language, religion, sex, opinion, politic affiliation, property or social origin”. The Constitution of the Republic of Moldova does not reflect art.1 of the Convention regarding direct and indirect discrimination notions. But the recommendation of the Commission on elimination of discriminations against women (CEDAW) to include these notion in the national legislation was reflected in the Law regarding provision of equal opportunities between men and women (no.5- XVI dated 09.02.2006). 4. As we have mentioned above, on the 9th of February 2006 there was adopted the Law regarding provision of equal opportunities between men and women. The scope of the respective law consists in assurance of equal rights between men and women in politics, economics, social and cultural spheres, guaranteed by the Constitution of the Republic of Moldova as to prevent and eliminate any types of gender discrimination. In the law are specified the following notions: complex discussion of the gender equity, affirmative actions, sex discrimination, indirect and direct sex discrimination, equal opportunities, equity between men and women, gender, sexual harassment, sex, gender unity. The Law providing equal opportunities between men and women stipulates an institutional frame work that guarantees equal opportunities for women and men, 4 the following authorities been empowered with attributions in the respective domain: a) The Parliament; b) The Government; c) The Governmental commission for equity between men and women: d) The Ministry of Health and Social Protection (specialized body); e) Ministries and central administrative authorities (gender agencies); f) Local public administration (gender agencies). In the draft of the law regarding equal opportunities between men and women there was stipulated as an alternative to the local central and central authorities the institution the Parliamentary advocate on issues regarding gender equity. But the financial possibilities of the state do not permit formation of such a agency and the respective attributions were given to those three parliamentary advocates who activate at the moment. 5. We do not have claims from the part of the women to the courts regarding the subject of gender discrimination. 6. Through the adopted Law regarding provision of equal opportunities for men and women there were stipulated financial sources for creation of the institutional mechanism in the respective sphere. Violence against women 7. The draft law regarding the prevention and fight against family violence was approved through the Governmental Decision no. 138 dated 06.02.2006 and presented to the Parliament for examination and approval. 5 The scope of the law – protection and consolidation of the family, observance of the main principles of the legislation referring to the family, as well as guarantee of equal opportunities for men and women in their realization of human rights without violence. The draft of the law stipulated the legal and organizational basis of the activity regarding prevention and elimination of the violation in the family determines the authorities responsible for prevention and elimination of the violation in the family and establishes the procedure for information and solution of the cases. The project includes a scheme divided on chapters of the spheres of interests for prevention and elimination of the violence in the family; the authorities empowered with prevention and elimination functions of the violation in the family; the mechanism for solving the cases of violation in the family. 8. Through „harm towards the body integrity or of the health” is understood the illegal performance, intentioned or without intention of any action or inaction – mechanical, physical, chemical, biological or psychological – that influences the health conditions of a person, expressed in deficiencies (serious, medium or light) of the anatomic integrity of the organs tissues of the body of the victim, or their functions. The special legal object of the infringements against the health of the person is built by the social relations regarding the health of the person. The victim of such infringement may be any person (alive), with the condition that it should be the other person and not the one who committed the infraction. The protection of the penal law is directed towards the relations between 6 the persons, and not towards those acts that go beyond the sphere on personal, individual life, acts beyond the social relations. The penal law intervenes only when the act of violence goes beyond the individual sphere and is part of the social relations. The consent of the victim regarding the damage to the integrity of the body or health does not exonerate the perpetrator from the penal punishment. As aggravated circumstance of the intentioned serious and medium harm to the integrity of the body is performance of the actions stipulated in sec tion (1) of the articles 151 and 152 of the Penal Code, towards the husband (wife) or any close relatives. According to section (4) of the article 134 from the PC of the RM, close relatives are considered the parents, children, tutors, brothers and sisters , grandparents and their grandchildren. The quality of husband (wife) shall exist at the moment of performance of the action. If this quality was not any more existent at the moment of action performance as a result of a divorce, the action shall not be qualified according to the letter a) section (2) of the article 151 and letter c) section (2) of the article 152 from the PC of the RM. Also, such provisions shall not be applied, if the perpetrator and the victim were connected through a null engagement (bigamy). So, the partners are not husband and wife. According to the provisions of the section (2) article 151 from the PC of the RM the serious intentioned harm infringement of the integrity of the body or of the health performed against the wife (husband) or any other close relatives is punished with jail, from 6 to 12 years; section (2) article 152 from the PC of the RM 7 provides a punishment with jail from 3 to 7 years for performance of intentioned medium harm infringement against the integrity of the bod y or health, against the wife (husband) or any close relatives. The PC of the RM, article 153 provides penal punishment for performance of the intentioned light harm towards the body integrity and health, the penal punishment for such an infringement const itutes a penalty of 200 to 300 conventional units or non-paid work in favor of the community from 180 to 240 hours, or jail up till the year.
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