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Monitoring of human rights of persons with disabilities in Moldova

Monitoring of legislation, policies


and programs: observance of the
rights of persons with disabilities
in the Republic of Moldova
Monitoring period: February 1 - July 31, 2013
Chisinau 2014
Monitoring of legislation, policies and programs: observance of the rights of persons with disabilities in the Republic of Moldova
2
Author: Marcela Dilion, PhD in sociology
Coordinators of the edition: Igor Meriacre, project coordinator, Association MOTIVAIE of Moldova
Elena Raoi, project assistant, Association MOTIVAIE of Moldova
Translation of the text into English: Alexei Latu
Computer processing: DIRA AP SRL
All rights protected. The content of the Report may be used and reproduced for non-
profit purposes and without Association MOTIVATIE of Moldovas prior agreement by
indicating the source of information.
Association MOTIVAIE of Moldova
1A Victoriei Street, Vadul lui Vod, Republic of Moldova, MD-2046
Tel/fax: (+373 22) 41 71 55
E-mail: office@motivation-md.org
www.motivatie.md
Center for Society Orientation COD
Milutina Milankovia 68/3, 11070 Novi Beograd, Beograd, Srbija
Tel:+381 (0)11 311 38 60
E-mail: office@cod.rs
www.cod.rs
Disability Rights Promotion International (DRPI)
York University, 5021 TEL Building 4700 Keele Street Toronto,
Ontario M3J 1P3 Canada
Telephone: 1-416-736-2100 ext. 20718, Fax: 1-416-736-5986
E-Mail: drpi@yorku.ca
Delegation of the European Union in the Republic of Moldova
12 Kogalniceanu Street,
MD-2001 Chiinu, Moldova
Tel:(+37322) 505210
Fax:(+37322) 272622
http://eeas.europa.eu/delegations/moldova/index_en.htm
This report was prepared as part of the project Monitoring of human rights of persons with disabilities in
Moldova, implemented by Association MOTIVAIE of Moldova in partnership with Center for Society
Orientation COD from Serbia,with the financial support of the European Union in the framework of the
programEuropean Instrument for Democracy and Human Rights (EIDHR).
The content of the Report reflects the views and opinions of the authors and in no way reflects the official
opinion of the European Union.
Uniunea European
ISBN 978-9975-4169-3-1.
342.7-056.2/.3:364.465(478)
D 41
3
CONTENTS:
Introduction 4
Chapter 1: General provisions 5
Chapter 2: Effective and equal exercise of all human rights and fundamental liberties of persons with disabilities in the
Republic of Moldova 9
2.1 Disability domain 9
2.1.1 Defnition of disability 9
2.1.2 Disability mainstreaming in legislation, policies and programs 10
2.1.3 Study and development promotion in the feld of disability 10
2.2 Non-discrimination 11
2.2.1 Prohibition of discrimination because of disability 11
2.2.2 Actions to change or abrogate laws, regulations and existent practices that result in discrimination
of persons with disabilities 11
2.2.3 Punishment for violation of rights of persons with disabilities 12
2.2.4 Active involvement of persons with disabilities, inclusively of children, in implementation of the
Convention 12
2.3 Reasonable adjustments 13
2.4 Dignity 14
2.5 Participation and inclusion 15
2.6 Respect for difference 15
2.6.1. Respect for difference and acceptance of disability as part of human diversity and humanity 15
2.6.2. Promotion of the respect for difference for the rights and dignity of persons with disabilities 16
2.6.3. Encouragement of mass-media to present persons with disabilities as
members-contributors to the society 16
2.7 Equality 16
2.7.1. Equality opportunities principle 16
2.7.2. Substantive equality principle 17
2.7.3. Principle of equality of persons with disabilities in before the law 17
2.7.4. Positive discrimination 18
Chapter 3: Specifc aspects 19
3.1 Accessibility 19
3.2 Right to life 20
3.3 Liberty and security of the person 20
3.4 Liberty of movement and nationality 22
3.5 Situations of risk and humanitarian emergencies 22
3.6 Legal capacity and access to justice 23
3.7 Protection of persons with disabilities against torture, violence and exploitation 24
3.8 Equal physical and mental integrity 25
3.9 Possibility to live independently and be included in the community 26
3.10 Personal mobility 27
3.11 Freedom of expression and access to information 28
3.12 Respect for private life 29
3.13 Respect for home and family 30
3.14 Education 30
3.15 Health 31
3.16 Habilitation and rehabilitation 31
3.17 Work and access to work 32
3.18 Adequate standard of living and social protection 33
3.19 Participation in political and public life 34
3.20 Participation to cultural life 35
3.21 Participation in recreation, leisure and sport events 36
3.22 Women with disabilities 36
3.23 Children with disabilities 37
3.24 Statistics and collection of information 37
3.25 International cooperation 37
3.26 National implementation and monitoring 38
Conclusions 40
Monitoring of legislation, policies and programs: observance of the rights of persons with disabilities in the Republic of Moldova
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INTRODUCTION
The present Report has as its main aim monitoring of legislation, policies and programs related to the
observance of human rights of persons with disabilities in the Republic of Moldova in the context of
ratifcation by the Republic of Moldova of the UN Convention on Rights of Persons with Disabilities
(CRPD), adopted as of December 13, 2006.
Monitoring is based on the fundamental provisions of the Convention and is structured on main 5
principals stated in the Convention:
- Dignity,
- Autonomy,
- Participation, inclusion and accessibility,
- Non-discrimination and equality,
- Respect for difference.
The methodology aims at identifying and focusing the attention at main problems and drawbacks
of the national legislation and policies related to observance of the human rights of persons with
disabilities.
5
Chapter 1: GENERAL PROVISIONS
Governed by the rule of law, the Republic of Moldova is a democratic State in which the dignity of
people, their rights and liberties, the open development of human personality, justice and political
pluralism represent supreme values, shall be guaranteed.
1
The Parliament is the supreme represen-
tative body of the people and the sole legislative authority of the State in the Republic of Moldova.
2

Justice shall be administered in the name of the law by courts of law only.
3
Judges sitting in the courts
of law are independent, impartial and irremovable under the law.
4
Constitutional provisions regarding rights and liberties of persons with disabilities are interpreted
and applied in accordance with the Universal Declaration of Human Rights, with the agreements and
treaties to which the Republic of Moldova is a party. In case there are any discordance between the
agreements and treaties regarding fundamental human rights at which the Republic of Moldova is a
party and its national legislation, then the international legislation shall prevail.
5
The Republic of Moldova adhered by signing on March 30, 2007 the UN Convention on Rights of
Persons with Disabilities (CRPD) from December 13, 2006.
6
In order to adjust the national legislation
to the normative framework of the Convention, exactly after 5 years from its signing, on March 30,
2013, the Republic of Moldova has adopted the Law on social inclusion of persons with disabilities
7
.
This law corresponds to the exigencies established in the Convention and with its adoption has started
an ample process to adjust the entire internal legal framework to the principles set forth and stated in
the Convention and in the respective law.
From those 5 main principles stated in the Convention Dignity, Autonomy, Participation, inclu-
sion and accessibility, Non-discrimination and equality, Respect for difference only the last one
represents a relative novelty for the legislation of the Republic of Moldova, the others being already
established or absorbed both, by inclusion of the respective principles in the Constitution of the Re-
public of Moldova and national legislation and by ratifcation of the main regional and international
instruments in the domain of human rights.
Persons with disabilities from the Republic of Moldova enjoy all the personal, social, economic rights
and liberties stated in the Universal Declaration of Human Rights
8
, by declaring recognition of the
fact that all human beings are born free and equal in dignity and rights. Human beings are endowed
with reason and conscious and should behave in the spirit of fraternity to each other. Every person can
beneft of all proclaimed rights and liberties, without any distinction, especially based on race, color,
sex, language, religion, political or any other opinion, on national or social origin, on property, birth
or any other situation. Besides, shall not be made any distinction based on political, legal or interna-
tional status of the country or of the territory to which the person belongs to, whether that country or
territory is independent, under tutelage, dependent or subject to any sovereignty limitations.
1 Constitution of the Republic of Moldova, adopted on 29.07.94, art. 1.//Offcial Journal 1, 12.08.1994 http://
lex.justice.md/index.php?action=view&view=doc&lang=1&id=311496
2 Constitution of the Republic of Moldova, adopted on 29.07.94, art. 60.
3 Constitution of the Republic of Moldova, adopted on 29.07.94, art. 114.
4 Constitution of the Republic of Moldova, adopted on 29.07.94, art. 114.
5 Constitution of the Republic of Moldova, adopted on 29.07.94, art. 4.
6 (Law 166/09.07.2010 for ratifcation of the UN Convention on the Rights of Persons with Disabilities//Offcial
Journal 126-128/428, 23.07.2010 http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=335376
7 Law no. 60/30.03.2012on social inclusion of persons with disabilities, /Offcial Monitor 155-159/508,
27.07.2012 http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=344149
8 since 10.12.1948, the Republic of Moldova adhered through the Decision of the Parliament no.217/28.07.90
regarding adherence of the SSR of Moldova to the Universal Declaration of Human Rights and ratifcation of the
international agreements on human rights
Monitoring of legislation, policies and programs: observance of the rights of persons with disabilities in the Republic of Moldova
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Article 25 from this Declaration confrms the right of any person to a life standard corresponding
to his/her health assurance, personal well-being and well-being of his/her family, including food,
clothes, shelter, medical care, as well as necessary social services. He/she has the right to unemploy-
ment insurance, medical insurance, invalidity insurance, widows insurance, and retirement pension
insurance or in other cases of loss of livelihood as a result of circumstances beyond his/her control.
Mothers and their children have the right to special assistance and protection.
The International Convention of the Rights of Child (CRC)
9
states the engagement of the states to res-
pect the rights not set forth in the Convention and to guarantee these rights to all children that belong
to their jurisdiction without any distinction, indifferent of their race, color, sex, language, religion,
political or other opinion of the child or his parents, or of its legal representatives, their national, so-
cial or ethnic origin, their material situation, their incapacity, their birth or any other situation. Such
provisions are also detailed in other conventions as for example in the Convention on the Elimination
of Discrimination Against Women (CEDAW)
10
.
Some conventions like, the Convention no.111 concerning Discrimination in Respect of Employment
and Occupation
11
obliges the Republic of Moldova to adopt a national policy designed to promote, by
methods appropriate to national conditions and practice, equality of opportunity and treatment in res-
pect of employment and occupation, with a view to eliminating any discrimination in respect thereof.
At the same time, special protection and assistance measures established for persons with disabilities
are not considered discriminatory.
According to the International Convention of the Rights of Child (CRC), a child means any human
being below the age of eighteen years, unless under the law applicable to the child, majority is at-
tained earlier (Civil Code of the Republic of Moldova states that any person of the age of eighteen
years may be recognized as having full legal competency if he/she works on the basis of a labor agree-
ment, or practices entrepreneurial activity)
12
.
The Convention includes special provisions referring to children with disabilities. So, art.23 estab-
lishes that states parties recognize that a mentally or physically disabled child should enjoy a full and
decent life, in conditions which ensure dignity, promote self-reliance and facilitate the childs active
participation in the community. States parties recognize the right of the disabled child to special care
and shall encourage and ensure, subject to available resources, at request, to the eligible child and
those responsible for his or her care, assistance for which application is made and which is appropri-
ate to the childs condition and to the circumstances of the parents or others caring for the child.
Other similar declarations-guarantees are also reiterated in the following documents:
- Final Act of the Conference on Security and Cooperation in Europe
13
;
- Partnership and Cooperation Agreement between the European Communities and their Member
States, of the one part, and the Republic of Moldova, of the other part
14
;
9 since 20.11.1989, the Republic of Moldova adhered through the Decision of the Parliament no.408/12.12.90
regarding adherence of the SSR of Moldova to the International Convention of the Right of Child
10 since 18.12.1979, ratifed by Republic of Moldova adhered through the Decision of the Parliament
no.87/28.04.94 regarding adherence of the Republic of Moldova to the Convention on Elimination of Discrimination
Against Women
11 since 25.06.1958, ratifed by Republic of Moldova adhered through the Decision of the Parliament
no.593/26.09.95 for ratifcation of certain conventions of the International Labor Organization
12 Law no.1107/06.06.2002 Civil code, art. 20
13 since 01.08.1975, the Republic of Moldova adhered through the Decision of the Parliament no.707/10.09.91
regarding adherence of the Republic of Moldova to the international human rights instruments
14 since 28.11.1994, ratifed the Republic of Moldova through the Decision of the Parliament no.627/03.11.95
for ratifcation of the Partnership and Cooperation Agreement between the European Communities and their Member
States, of the one part, and the Republic of Moldova, of the other part
7
- European Social Charter revised
15
;
-Concluding Document of the Vienna Meeting of Representatives of the Participating States of the
Conference on Security and Cooperation in Europe.
16
Shall be also mentioned some international special character acts, as the following:
- Convention relating to the Status ofRefugees
17
, stating guarantees for a child refugee with disabilities;
- Convention concerning Vocational Guidance and Vocational Training in the Development of Human
Resources
18
;
- Convention no.181 concerning Private Employment Agencies
19
;
Shall be mentioned the importance of regional agreements, as for example:
- CIS Agreement on cooperation in solving the problems of disability and disabled persons
20
;
- CIS Agreement on social protection and health protection of citizens who were exposed to the in-
fuence of radiation as a result of Chernobyl nuclear catastrophe and other catastrophes, as well as
nuclear experiences
21
;
- Agreement on mutual recognition of facilities and guarantees offered to participants and disabled
persons of the Great Patriotic War, participants to warfare on the territories of other states, to the
soldiers families died during the war
22
. The action of the respective Agreement extends over the
participants and disabled persons of the Great Patriotic War, participants to warfare on the territories
of other, to the soldiers families died during the war and other categories of persons whom, according
to the legislation of the ex-Soviet Union, were offered privileges, according to Annex no.1 to this
Agreement. Another category of international acts are the bilateral agreements:
- Agreement between the Ministry of Education of the Republic of Moldova and the Ministry of
Education, Research, Youth and Sports of Romania regarding cooperation in the feld of youth and
sports
23
;
- Agreement between the Social Fund of the Republic of Moldova and the Pension Fund from Ukraine
regarding mutual transfer and pension payment
24
;
15 since 03.05.1996, ratifed by the Republic of Moldova through Law no.484/28.09.2001 for partial ratifcation
of the revised European Social Charter
16 since 19.01.1989, to which the Republic of Moldova adhered through the Decision of the Parliament
no.707/10.09.91 regarding adherence of the Republic of Moldova to the international human rights instruments
17 since 28.07.1951, to which the Republic of Moldova adhered through Law no.677/23.11.2001 for adherence
of the Republic of Moldova to the Convention relating to the Status of Refugees, as well as the Protocol regarding the
refugees status
18 since 23.06.1975, ratifed by the Republic of Moldova through Law no.480/28.09.2001 for ratifcation of the
Convention of the International Labor Organization no.142 Convention concerning Vocational Guidance and Vocational
Training in the Development ofHuman Resources
19 since 19.06.1997 ratifed by the Republic of Moldova through Law no. 482/28.09.2001 for ratifcation of the
International Labor Organization Convention no.181concerning Private Employment Agencies
20 since 12.04.1996, ratifed by the Republic of Moldova through Law no.1377/10.10.2002 for ratifcation of the
Agreement on cooperation in solving the problems of disability and disabled persons
21 since 09.09.1994, ratifed by the Republic of Moldova through the Decision of the Parliament no.398/16.03.95
for ratifcation of CIS Agreement on social protection and health protection of citizens that were exposed to the
infuence of radiation as a result of Chernobyl nuclear catastrophe and other catastrophes, as well as nuclear
experiences, in force in the Republic of Moldova from 11.08.1995
22 since 15.04.1994, ratifed by the Republic of Moldova through Parliament Decision no.433/19.04.95 for
ratifcation of the Agreement extends over the participants and disabled persons of the Great Patriotic War, participants
to warfare on the territories of other, to the soldiers families died during the war, in force for the Republic of Moldova
since 07.08.1996
23 since 19.06.1997 ratifed by the Republic of Moldova through Law no. 482/28.09.2001 for ratifcation of the
International Labor Organization Convention no.181concerning Private Employment Agencies
24 since 12.04.1996, ratifed by the Republic of Moldova through Law no.1377/10.10.2002 for ratifcation of the
Agreement on cooperation in solving the problems of disability and disabled persons
Monitoring of legislation, policies and programs: observance of the rights of persons with disabilities in the Republic of Moldova
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- Agreement between the Government of the Republic of Moldova and the Government of the
Azerbaijani Republic regarding guarantees of the citizens rights in the feld of pension assurance
25
;
- Agreement between the Government of the Republic of Moldova and the Government of the Belarus
regarding guarantees of the citizens rights in the feld of pension assurance
26
;
- Agreement between the Government of the Republic of Moldova and the Government of the Ukraine
regarding guarantees of the citizens rights in the feld of pension assurance
27
;
- Agreement between the Government of the Republic of Moldova and the Government of the
Uzbekistan regarding guarantees of the citizens rights in the feld of pension assurance
28
;
- Agreement between the Republic of Moldova and the Government of the Russian Federation on mine-
clearance of certain zones on the territory of the Transnistrian region of the Republic of Moldova
29
. This
Agreement provides for the Russian party to offer to the Moldovan party two teams of the mine-clearance
service and the Moldovan party together with the Transnistrian region of the Republic of Moldova shall
compensate to the Russian party the payments that will be allocated to the suffering soldiers of the Russian
Federation or members of their families wives (husbands), children, who didnt yet reached 18 years
of age (pupils until 23 years of age), or older, in case they became disabled before 18 years of age, to
fathers and mothers, in case of death or mutilation (injury, trauma, contusion) of the soldiers, as well as the
disability pension offered to these soldiers, or in case of the loss of the supporter of the family, allocations
and compensations established by the Russian Federation.
It shall be mentioned that in case the international treaty to which the Republic of Moldova is a
party establishes other rules then those stated in the national legislation, then the provisions of the
international treaty shall prevail.
The Constitution of the Republic of Moldova provides special provisions for persons with disabilities referring to
the right to social protection and assistance. The State assures the right of any person to a life standard corresponding
to his/her health assurance, personal well-being and well-being of his/her family, including food, clothes, shelter,
medical care, as well as necessary social services. He/she has the right to unemployment insurance, medical
insurance, invalidity insurance, widows insurance, and retirement pension insurance or in other cases of loss of
livelihood as a result of circumstances beyond his/her control
30
.
The main scope and the current challenge for the Republic of Moldova are to adjust the legal framework
subordinated to the law and practical implementation of these provisions. On the one hand, the local
authorities and the courts of law shall contribute to this; on the other hand, persons with disabilities
themselves shall contribute to this. Until now, there was not formed a judicial practice due to the
recency of our legal framework, a fact relating a total lack of relevant cases in the judicial practice, a
matter to which persons with disabilities can contribute a lot.
25 since 09.09.1994, ratifed by the Republic of Moldova through the Decision of the Parliament no.398/16.03.95
for ratifcation of CIS Agreement on social protection and health protection of citizens that were exposed to the
infuence of radiation as a result of Chernobyl nuclear catastrophe and other catastrophes, as well as nuclear
experiences, in force in the Republic of Moldova from 11.08.1995
26 since 15.04.1994, ratifed by the Republic of Moldova through Parliament Decision no.433/19.04.95 for
ratifcation of the Agreement extends over the participants and disabled persons of the Great Patriotic War, participants
to warfare on the territories of other, to the soldiers families died during the war, in force for the Republic of Moldova
since 07.08.1996
27 since 08.06.1999, approved by the Republic of Moldova through Government Decision no.801/24.08.99
for approval of the Agreement between the Ministry of Education of the Republic of Moldova and the Ministry of
Education, Research, Youth and Sports of Romania regarding cooperation in the feld of youth and sports, in force for
the Republic of Moldova since 23.11.1999
28 signed in Chisinau on 23.10.1998
29 since 27.11.1997, ratifed by the Republic of Moldova through the Parliament Decision no.1615/02.04.98
for ratifcation of the Agreement between the Government of the Republic of Moldova and the Government of the
Azerbaijani Republic regarding guarantees of the citizens rights in the feld of pension assurance, in force since
08.01.1999
30 Constitution of the Republic of Moldova, adopted on 29.07.94, art. 47
9
Chapter 2: EFFECTIVE AND EQUAL EXERCISE OF ALL HUMAN RIGHTS AND
FUNDAMENTAL LIBERTIES BY PERSONS WITH DISABILITIES IN THE REPUBLIC
OF MOLDOVA
The Republic of Moldova has a suffcient number of sources of law referring to exercise of the human
rights of persons with disabilities. Besides the Constitution of the Republic of Moldova and the
special law the Law on social inclusion of the persons with disabilities a long series of regulations
are found both, in the laws (organic and ordinary) and in the subsidiary legislation (decisions of
the Government, instructions and regulations) and international treaties to which the Republic of
Moldova is a party and the regulations of which prevail if there are any discrepancies between the
agreements and treaties on fundamental human rights to which the Republic of Moldova is a party
and its internal law.
31
The state policy on social protection of persons with disabilities is the prerogative of the Ministry of
Labor, Social Protection and Family, which is the central specialized body of the public administration,
subordinated to the Government. The Ministry is empowered to draft, promote and implement the
state policy in this feld.
32
It can be seen that the legislation of the Republic of Moldova is quite good at the legislative
level and corresponds to the exigencies of the Convention on Rights of Persons with Disabilities
(CRPD). However, though it is declared and assured special social and legal protection of persons
with disabilities, these persons face a series of practical problems that prevent them from enjoying
entirely, effciently and equally all their human rights in the society of the Republic of Moldova. In
spite of all undertaken actions at the national level and also at the local level during the last years,
still the limited access of the persons with disabilities to social infrastructure services, education,
employment, persistence of the medical model in establishing the disability, as well as predomination
of the residential forms of social protection, continues to remain major challenges of the current
system of social protection of this category of persons.
33
In general, this problem exists, as it was
pointed out above, due to the insuffcient regulation framework subordinated to the law and practical
enforcement of these provisions through development of a judicial practice.
2.1. Disability domain
2.1.1. Defnition of disability
Though the notion of persons with disabilities is already established, it should be mentioned that
at the national level legislation still it is present the syntagm persons with handicap or crippled
instead of persons with disabilities. Even in article 51 from the Constitution of the Republic of
Moldova is used the syntagm persons with handicap without giving a defnition to this category
of persons. Currently, only the Law on social inclusion of persons with disabilities and the Law
for approval of the Strategy for social inclusion of persons with disabilities (2010-2013), give the
defnition of disability. This defnition corresponds to the international and regional standards in the
feld of human rights.
After the Republic of Moldova has ratifed the CRPD, in almost all legal acts is used the term of
disability, in order to assure conformity to the terminology of the Convention.
31 Constitution of the Republic of Moldova, adopted on 29.07.94, art. 4.
32 Government Decision no.691/17.11.2009 for approval of the Regulation regarding organization and
functioning of the Ministry of Labor, Social Protection and Family, structure and staffng of its central apparatus //
Offcial Monitor 166-168/769, 20.11.2009 http://lex.justice.md/md/332740/
33 Law no.169/09.07.2010 for approval of Strategy for social inclusion of persons with disabilities (2010-
2013) //Offcial Monitor 200-201/660, 12.10.2010 http://lex.justice.md/index.php?action=view&view=doc&lang=1&
id=336276
Monitoring of legislation, policies and programs: observance of the rights of persons with disabilities in the Republic of Moldova
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However, after a thorough analysis, of the legal framework referring to the rights of person with
disabilities, it is attested a lack of uniformity regarding the terms and defnitions of disability. The
used defnitions do not expressly state if the notion of disability comprises people with long-term
disorders or persons with temporary disorders, and so the lawmaker admits both cases.
Also, in the respective defnition are included persons with other kind of disorders, because the law
provides disorders which in interaction with different barriers/obstacles may prevent the person
from full and effcient participation to the life of the society in equal conditions with other persons.
2.1.2. Disability mainstreaming in legislation, policies and programs
Taking into consideration the provisions of the Constitution stated in art.4 and 8, through enforcement
of art.2 of the Law no.166 of 09.07.2010, the Republic of Moldova has assumed such an obligation.
However, at the law level the rules are not suffciently exhaustive these are limited to certain
activities, especially consultative ones, of some authorities. The procedure for obligatory consultation
is established only for drafting the social protection policy of the persons with disabilities or sector
policies, or local inclusion programs. This approach is not enough to correspond to the engagement
assumed by the Republic of Moldova through ratifcation of the CRPD.
The recommendation:
In the text of the Law no. 60 of 30.03.2012, Chapter VIII to insert an exhaustive provision: When
drafting the policies and protection programs referring to promotion of human right, the central and
local public authorities shall take into account the human rights of persons with disabilities.
2.1.3. Study and development promotion in the feld of disability
The Government promotes design of goods, services, equipment and facilities in different feld,
with a universal design. For example, we can mention here the VAT exemptions from which beneft
the companies which import the raw material, as well goods and services designed so. For these
companies, like organizations and enterprises of association of blind or deaf persons, societies of
disabled persons, are established exemptions from VAT transference to the budget for the manufactured
goods and provided services, according to the list approved by the Government.
The law regarding social inclusion of persons with disabilities states in art.2, design of products,
environment, programs and services in such a way in order to be used by all persons, as much as
possible, without being adapted to ft or a special design. The universal design shall not exclude the
assistive devices for certain groups of persons with disabilities when is necessary. Also, in art.17
theres a reference to paragraph (3) design and manufacture of goods, services, equipment and
facilities is done on the basis of the universal design which presupposes a minimum adjustment, at
the lowest cost possible, so that these could satisfy the needs specifc for persons with disabilities.
In this law are refected provisions related to design and manufacture of objects of social infrastructure
adjusted to the needs of persons with disabilities, development of objects of social infrastructure in
order to be used by persons with disabilities, assurance of persons with disabilities access to public
transport means.
Nevertheless, these measures have an individual character.
The recommendation:
Drafting of an ample program that would systematically establish certain goals, monitor achievement
of these goals and would study the impact of initiation of such measures.
2.2. Non-discrimination
2.2.1. Prohibition of discrimination because of disability
11
The Constitution of the Republic of Moldova states a series of rules among which art.51, expressly
guarantees protection of persons with disabilities who shall enjoy a special form of protection from
the whole society. The State shall ensure normal treatment conditions, rehabilitation, education,
training and social integration of persons with disabilities; through art.47 stipulates that ,,the State is
obliged to take actions aimed at ensuring that every person has a decent standard of living, whereby
good health and wellbeing, based on available food, clothing, shelter, medical care and social services
are secured for that person and his/her family.
All citizens have the right to be insured against such adversities as disability, due to causes beyond
ones control. The constitutional provisions state more general principles that prohibit discrimination
on the basis of any reasons, where other legal norms stipulate expressly prohibition of discrimination
inclusively on the basis of disability criteria are stated in the Law on equality assurance. Indifferent of
multiple provisions in the feld of non-discrimination, at the national level there isnt any generalized
law in this feld, and the judicial practice on discrimination issues is inexistent.
With reference to the defnition from the Convention on Rights of Persons with Disabilities (CRPD)
of discrimination, this is refected in a similar form in the Law on social inclusion of persons
with disabilities, at art.8, paragraph (6) it is stated Discrimination of persons with disabilities on
the basis of difference, exclusion, marginalization, limitation or preference, as well as refusal to
create favorable and reasonable adaptations that lead to impossibility or complication in recognition,
exercising or use of civil, political, economic, social and cultural rights, is prohibited and is punished
according to the legislation in force.
Also, the Law on equality assurance no.121 of 25.05.2012
34
states in art.6 that any form of
discrimination is prohibited. Promotion of any policy or performance of any actions or inactions
that violate the equality of rights of persons shall be eliminated by competent public authorities and
punished according to the legislation.
A series of other regulations among which the Law on activity of the Committee for prevention and
elimination of discrimination and equality assurance no.298 of 21.12.2012
35
, Labor Code no.154 of
28.03.2003
36
, Code of Civil Procedure no.225 of 30.05.2003
37
contain special provisions regarding
prohibition of discrimination, inclusively of persons with disabilities.
2.2.2. Actions to change or abrogate laws, regulations and existent practices that result in discrimination
of persons with disabilities
The social inclusion strategy of persons with disabilities states as one of its special goals (p.17)
adjustment of the national framework to the European and international standards for social inclusion
and respect of their fundamental rights and liberties. So, the same policy document states actions
for achieving this goal, drafting and approval of a law regarding social inclusion of persons with
disabilities (an action implemented in 2012 with approval of the Law no.60 of 30.03.2012), as well
as assessment, modifcation of the legal framework in the feld of social protection of persons with
disabilities with the view to conform with the Law on social inclusion of persons with disabilities.
At the same time, the Law on equality assurance, states in art.6 that any form of discrimination is
prohibited. Promotion of any policy or performance of any actions or inactions that violate the equality
34 Law on equality assurance no.121/25.05.2012 //Offcial Monitor 103/355, 29.05.2012 http://lex.justice.md/
index.php?action=view&view=doc&lang=1&id=343361
35 Law on activity of the Committee for prevention and elimination of discrimination and equality assurance
no.298 of 21.12.2012 //Offcial Monitor 48, 05.03.2013 http://lex.justice.md/index.php?action=view&view=doc&lang=
1&id=346943
36 Labor Code no.154 of 28.03.2003 //Offcial Monitor 159-162, 29.07.2003 http://lex.justice.md/index.php?acti
on=view&view=doc&lang=1&id=326757
37 Civil Procedure Code no.225 of 30.05.2003 //Offcial Monitor 130-134, 21.06.2013 http://lex.justice.md/
index.php?action=view&view=doc&lang=1&id=348338
Monitoring of legislation, policies and programs: observance of the rights of persons with disabilities in the Republic of Moldova
12
of rights of the persons shall be eliminated by competent public authorities and punished according
to the legislation. In such a way, shall not be admitted discriminatory practices towards persons with
disability in any policy, legal act that drafted by the Government and adopted by the Parliament.
2.2.3. Punishment for violation of rights of persons with disabilities
In the context of approval of the Law on equality assurance, the Government has promoted a series of
modifcations to the subsidiarylegislation. Here are to be mentioned modifcations to the Contravention
Code of the Republic of Moldova no.218 of 24.10.2008
38
and namely regarding violation of equality
provision in the feld of labor, discrimination in the feld of education, discrimination in the feld of
public services and goods access, etc. All these amendments have established new contravention
components and sanctions for their perpetration. These provisions have a general character and refer
to all legal entities of the public, private and associative sector.
Nevertheless, it is recommended involvement of persons with disabilities and of their organizations
and associations in identifcation of all cases and ways of discrimination and of remedies and
sanctions to be applied.
2.2.4. Active involvement of persons with disabilities, inclusively of children, in implementation of
the Convention
Taking into consideration the provisions of the Constitution stated in art.4 and 8, through application
of art.2 of the Law no.166 of 09.07.2010, the Republic of Moldova has assumed such an obligation
but it needs to assure its implementation
39
. The Constitution guarantees freedom of expression,
access to information and direct participation in public affairs (these rights are found in special laws
Law on freedom of expression no.64 of 23.04.2010
40
, Law on access to information no.982 of
11.05.2000
41
). Law no.60 of 30.03.2012 states consultation of persons with disabilities, however
limiting the obligatory consultation procedure only for elaboration of social protection policy of
persons with disabilities or sectorial policy, or local inclusion programs.
Also, Law no.60 of 30.03.2012 states creation of a National council for rights of persons with
disabilities a body that was not yet created by the date this report is drafted and that corresponds to
requirements of art.33, paragraph 2 of the Convention on Rights of Persons with Disabilities (CRPD).
In this sense, it is important not to confuse with the notion of Governmental council for problems
of persons with disabilities (in 2008 the word handicap was changed by the word disabilities)
created 2006 that corresponds to requirements of art.33, paragraph 1 of the Convention on Rights of
Persons with Disabilities (CRPD). Also, not to confuse with the National Council for Participation
42

which, also, is not yet created in order to monitor implementation of the Convention and which
is a consultative instrument of civil society involvement in drafting policies of the Government of
the Republic of Moldova and which is not independent and can be liquidated at the initiative of the
Government.
Nevertheless, the mentioned councils serve as examples of persons with disabilities involvement,
38 Contravention Code of the Republic of Moldova no.218 of 24.10.2008 // Offcial Monitor 3-6 16.01.2009
http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=330333
39 Law regarding ratifcation of the UN Convention on Rights of Persons with Disabilities (CRPD) no.166 of
09.07.2010 //Offcial Monitor 126-128/428, 23.07.2010 http://lex.justice.md/index.php?action=view&view=doc&lang=
1&id=335376
40 Law on expression of freedom no.64 of 23.04.2010 //Offcial Monitor 117-118/355, 09.07.2010 http://lex.
justice.md/index.php?action=view&view=doc&lang=1&id=335145
41 Law on access to information no. 982 of 11.05.2000 //Offcial Monitor 88-90/664, 28.07.2000 http://lex.
justice.md/index.php?action=view&view=doc&lang=1&id=311759
42 Government Decision regarding creation of the National Council for Participation no.11 of 19.01.2010 //
Offcial Monitor 8-10/42, 22.01.2010 http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=333477
13
through member associations of these councils (associations that are created inclusively by persons
with disabilities); respectively a similar mechanism could be created for implementation of the
Convention on Rights of Persons with Disabilities (CRPD).
The European Convention for protection of human rights and fundamental freedoms guarantees that
any person has the right to freedom of expression, right to peaceful assembly and to freedom of
association. Adhering to the European Convention for protection of human rights and fundamental
freedoms, the Republic of Moldova has assumed the obligation to guarantee protection of freedoms
proclaimed in it, of all persons under its jurisdiction. From the provisions of the Constitution of
the Republic of Moldova (art.4, paragraph 2) results that the European Convention for protection
of human rights and fundamental freedoms constitutes an integral part of the internal legal system
and shall be applied directly as any other law of the Republic of Moldova with the difference that
the Convention has priority over the rest of the internal laws that contravene an aspect reiterated
through the Decision of the Plenary of the Supreme Court of Justice of the Republic of Moldova
regarding application in the judicial practice of certain provisions of the Convention for protection of
human rights and fundamental freedoms no.17 of 19.06.2000
43
.
The social relations connected to exercise of the right to association of persons with disabilities, are
regulated and established through the Law on public associations no. 837 of 17.05.96
44
, according to
which these associations are considered a priori public associations.
Recommendations:
1) Creation of the National council for rights of persons with disabilities created through Law no.60
of 30.03.2012;
2) Express provision in Law no.60 of 30.03.2012 of a mechanism for consultation and involvement
of persons with disabilities in drafting and implementation of the legislation for implementation of
the Convention on Rights of Persons with Disabilities (CRPD), inclusively, through associations of
persons with disabilities.
2.3. Reasonable adjustment
The current legal framework provides in two legal acts the concept of reasonable adjustment, the
Law on social inclusion of persons with disabilities and the Law on equality assurance. It is important
to mention that in spite of the fact that both laws state the same concept, the used terms differ, and
in one law is used the term reasonable adjustment and in the other one the term of reasonable
accommodation.
The Law on social inclusion of persons with disabilities also provides promotion of equality and
elimination of discrimination against persons with disabilities in different felds (art. 6 paragraph
(2), art. 8 paragraph (8), art. 19 paragraph (2) , art. 27 paragraph (6), letter a), art. 29 paragraph
(2), art.33 paragraph (7) letter a), art. 35 paragraph (2)). According to these provisions, the State
is responsible for development of national prevention policies, treatment conditions, rehabilitation
and social inclusion of persons with disabilities, promotes reasonable conditions for shelter, social
facilities in the feld of education and health.
43 http://www.csj.md/admin/public/uploads/HOT%C4%82R%C3%8EREA%20%20nr.17%20
%282004%29Cu%20privire%20la%20practica%20examin%C4%83rii%20de%20c%C4%83tre%20
instan%C5%A3ele%20judec%C4%83tore%C5%9Fti%20a%20cauzelor.pdf
44 Law on public association no. 837 of 17.05.96 //Offcial Monitor 6/54, 23.01.1997 http://lex.justice.md/index.php?action=
view&view=doc&lang=1&id=325424
Monitoring of legislation, policies and programs: observance of the rights of persons with disabilities in the Republic of Moldova
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Is appreciable the fact that such a concept is already part of our national legal framework. This
concept shall encourage the Government to draft instructions, according to which the employers,
public and private institutions (schools, hospitals, courts of law and other public institutions) shall be
encouraged to adjust the access ways in order to guarantee equality between persons, with or without
any disability. In other countries, these measures proved to be crucial for social inclusion of persons
with disabilities, their involvement in the public life and creation of a tolerant and open society.
2.4. Dignity
The Constitution of the Republic of Moldova guarantees that every human being has the right to be
recognized and considered a legal person.
Law no.60 of 30 March 2012 on social inclusion of persons with disabilities provides in art.3
paragraph (2) letters c) h) active participation of persons with disabilities to the community life,
increase of occupation level of persons with disabilities; increase of life quality standards of persons
with disabilities and of their families; stimulation of participation on labor market of persons with
disabilities; development of social services adequate to the needs of persons with disabilities; creation
and assurance of adequate educational, training and professional training conditions for persons with
disabilities; avoidance and exclusion of any form of discrimination of persons with disabilities are
main goals that are to be achieved through measures stipulated in the present law.
Hereunder are enumerated the main principals stated in the Law in art.5, as it follows:
a) respect of human rights and fundamental freedoms;
b) equality opportunities;
c) equal treatment regarding obtaining a job and occupation of the labor force;
d) social solidarity;
e) non-discrimination;
f) partnership;
g) freedom to choose, the control or decision to make his/her own choices independently regarding
his/her life, services and type of support he/she needs (autonomy);
h) respect of his/her inalienable dignity, individual autonomy, freedom to make own choices,
independence of the person (dignity and autonomy);
i) acceptance of persons with disabilities as inherent part of human being diversity and humanity;
j) full and effective participation and inclusion in society;
k) accessibility;
l) equality of rights between men and women;
m) respect for the evolving capacities of children with disabilities and respect for the right of
children with disabilities to preserve their identities.
Taking into account the fact that the Convention on Rights of Persons with Disabilities (CRPD)
guarantees the same rights to other persons from the society, the state is obliged to create suffcient
guarantees to assist persons with disabilities in exercising their rights and any limitation is inadmissible.
According to art.12 the Convention on Rights of Persons with Disabilities (CRPD) it is not admitted
under any form limitation related to exercise of legal capacity of persons with disabilities. At the
same time, persons with disabilities are obliged to respect their obligations. Persons with psycho-
social disabilities have the same legal capacity as other persons to be recognized responsible for law
violations of the civil, penal procedure or any other and have the right to any necessary support to be
assured access to justice and detention conditions that respect human dignity and rights. In all these
situations shall be respected the autonomy of the person, his/her will and preferences, inclusively the
right of the person to make wrong decisions dignity to risk. All these shall be obligatory accompanied
by an adequate assistance system in taking decisions for persons with disabilities.
15
In his/her relations with the third parties and public authorities, the person with disabilities shall be
perceived as a person with full legal capacity, and if at a certain moment, in a concrete delinquent
situation or crime there was found out or not that she/he was or was not in his/her right mind, then
shall be performed a separate expertize, as usually when the criminal prosecution authority or the
defending body doubts the responsibility and assumption of the deeds by the accused, suspected
person. For the rest, the person has the right to all guarantees provided in the law and international
conventions regarding access to justice.
In general, especially through recognition of the society of the full legal capacity of the person with
disabilities is possible to assure the respect for human dignity, through social inclusion of the person
with disabilities and autonomy of the person to assume the risks and responsibilities by providing an
adequate assistance system in case of decisions making for the persons with disabilities. This solution
is based on the fact that disability and incapacity are not equivalent. These operate at different
analytical levels. A person with disabilities may be considered incapable in certain respect, but not
absolutely. A person without any disability may be considered temporary incapable for his/her deeds
and may need protection during a certain period of time.
The general assessment shows that the current legislation needs signifcant improvements regarding
assurance of autonomy and dignity of persons with disabilities, though basically it proclaims these
two notions as being inherent to all persons, to person with disabilities, too.
2.5. Participation and inclusion
A specifc constitutional provision is not to be found in the Constitution of the Republic of Moldova.
As a result of an analysis of the legislation in force referring to participation of persons with disabilities
to recreation, leisure, culture and activities we can conclude the following: according to Law no.60
of 30.03.2012 on social inclusion of persons with disabilities, the central and local public authorities,
public associations and legal persons with public or private right, are obliged to facilitate access of
persons with disabilities at cultural values, cultural inheritance, tourism, sports and places for spending
free time (art. 23). The Law also provides certain facilities for persons with disabilities, as for example
free of charge access or discounts to places of cultural interest. The public or private law institutions
which offer cultural, touristic and sport services are obliged, according to the law, to offer free of
charge access to persons with disabilities to these services, at least 2% from the total available places.
Regarding other rights referring to active participation in other felds, as for example politics or the
right to vote we will refer bellow.
It is recommended that the rules subordinated to the law to come with details regarding functioning
of this principle in different concrete life spheres of the social life of persons with disabilities.
2.6. Respect for difference
2.6.1. Respect for difference and acceptance of disability as part of human diversity and humanity
In the text of Law no.60 of 30.03.2012, art.5 it is mentioned the principle referring to acceptance of
persons with disabilities as part of human diversity and humanity, corresponds almost totally to the
text of art.3 of the Convention on Rights of Persons with Disabilities (CRPD) with the difference that
it does not state the notion of respect for others.
Nevertheless, if we take into account the content of the respect for difference principle through
the provisions of the Constitution art. 8, 15, 16, 51, Republic of Moldova recognizes and accepts
persons with disabilities as part of the society, with equal rights and every person enjoys equality
before the law and the whole society and the state is being responsible for wellbeing of persons with
disabilities. Law no.121 of 25.05.2012 on equality assurance, considers disability among the criteria
to distinguish from other existing groups in the society, and namely race, color, nationality, ethnic
Monitoring of legislation, policies and programs: observance of the rights of persons with disabilities in the Republic of Moldova
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origin, language, religion or other beliefs, sex, age, opinion, political affliation or any other similar
criteria in such a way recognizing disability as part of human diversity and humanity.
It is recommended to insert in the legislation the principle respect for difference stating its defnition,
establishment of a legal framework and taking up good practices in its promotion.
2.6.2. Promotion of the respect for difference for the rights and dignity of persons with disabilities
The social inclusion strategy of persons with disabilities(2010-2013) provides a series of actions on
raising awareness of the society on different aspects that refer to persons with disabilities from
issues connected to rights of persons with disabilities to the impact of the reforms in the feld of
disabilities. Nevertheless, it shall be noted that actions to raise the awareness of the society where
established for 2010-2013.
The action plan in the feld of human rights for 2011-2014 includes a Section referring to prevention
and combating discrimination. One of the permanent actions refer to information and raising the
public awareness in the feld of prevention and combating discrimination in order to cultivate the
spirit of tolerance, kindness and mutual respect.
Recommendation:
Initiation from the part of the Government of a drafting process, together with the representatives of
public associations of persons with disabilities and of other interested stakeholders, of an action plan
to raise the society awareness for the next period of at least 3 years;
2.6.3. Encouragement of mass-media to present persons with disabilities as memberscontributors of
the society
The social inclusion strategy of persons with disabilities(2010-2013) provides a series of actions on
raising awareness of the society on different aspects that refer to persons with disabilities involving
mass-media. Nevertheless, it shall be noted that actions to raise the awareness of the society where
established for 2010-2013. Also, these actions have a unilateral character from the part of the
Government taking into account the way these are organized and cant be qualifed as encouraging
or stimulating for the mass-media to present persons with disabilities as members-contributors of the
society. At the same time, the state cant infuence the editorial policy of the national mass-media.
Recommendation:
Initiation from the part of the Government of a drafting process, together with the representatives of
public associations of persons with disabilities and of other interested stakeholders, of an action plan
to encourage mass-media to present persons with disabilities as members-contributors of the society.
2.7. Equality
2.7.1. Equality opportunities principle
The legal framework doesnt use directly the formulation of equality opportunities, the same notion
is found under the formulation of equality of chances. So, the Law on social inclusion of persons
with disabilities provides in art.5 that protection and promotion of rights of persons with disabilities
have at their basis a series of principles, among which equality of chances of persons with disabilities.
The Law on equality assurance no.121 of 25.05.2012 provides in art.1 the fact that the scope of the
law is to assure equality of all persons on the territory of the Republic of Moldova in the political,
economic, cultural and other spheres, indifferent of race, color, nationality, ethnic origin, language,
religion or other beliefs, sex, age, opinion, political affliation or any other similar criteria.
17
2.7.2. Substantive equality principle
The effective equality (real or substantive) is not consecrated in the law in the way this is defned and
provided in the legislation of Canada or established as an objective by the EU
45
.
The elements of this principle are found in art.47 and 51 of the Constitution, as well in art.5 of the Law no.60
of 30.03.2012. The legislation of the Republic of Moldova limits in providing just one defnition of so called
positive actions special provisionary actions referring effective implementation of equality without raising
this objective to the level of principle. It is an insuffcient regulation which doesnt render the real sense of
the principle. It is a new notion in the legislation of the Republic of Moldova, the doctrine of which hasnt
been yet developed to separate and establish a distinction between formal and effective equality
46
. Most
probably, the principle shall be adsorbed in time through harmonization of the legislation of the Republic
of Moldova with that of the EU.
It is recommended to insert in the legislation the principle effective equality (or real; or substantive)
together with defning it, establishing a legal framework and taking up good practices in promoting it.
2.7.3. Principle of equality of persons with disabilities in before the law
According to art.15 and art.16 of the Constitution of the Republic of Moldova all citizens of the Republic
of Moldova are equal before the law and the public authorities, without any discrimination as to race,
nationality, ethnic origin, language, religion, sex, political choice, personal property or social origin. In this
sense art.20 states that no law may restrict access to justice. Every person has the right to obtain effective
protection from competent courts of law against actions infringing on his/her legitimate rights, freedoms
and interests.
According to Law no.198 of 26.07.2007 on state guaranteed legal aid
47
it is guaranteed a free and equal legal
assistance.
Law no.60 of 30.03.2012 on social inclusion of persons with disabilities states that Persons with disabilities
enjoy equal legal capacity like other persons in all life spheres and depending on the case, have the right
to protection and legal aid in exercising their legal capacity provided in the legislation in force. (art. 8
paragraphs 1 and 2). Article 9 paragraph 2 states that In case a person with disabilities, regardless of his/her
age, is in the impossibility to manage his/her own property, he/she has the right to protection and legal aid
according to the legislation in force.
Nevertheless, the Civil Code of the Republic of Moldova no.1107 of 06.06.2002
48
provides tutorship and
guardianship (art.32). So, the tutors and trustees defend the rights and interests of the persons who are under
their tutorship in their relations with legal and physical entities, inclusively in the courts of law, without mandate.
(art.32 paragraph 2). The tutor administers and effciently decides on the property of the person under tutorship,
in his/her name in case it is not named an administrator of his/her property (art. 41 paragraph 1).
The procedure referring to legal capacity limitation or declaration of his/her legal incapacity, as well as
annulment of the legal capacity limitation and declaration of the legal capacity of a person is provided in the
Code of Civil Procedure no.225 of 30.05.2003
49
(art. 302-308).
45 The Commission of European Community, Brussels, 2.7.2008, com(2008) 420 fnal, Commission
Communication to the European Parliament, the Council, the European Economic and Social Committee and the
Committee of the Regions, Non-discrimination and equal opportunities: A renewed commitment {SEC(2008) 2172} art.
3.1, paragraph 5, http://eur-lex.europa.eu/Notice.do?mode=dbl&lang=en&ihmlang=en&lng1=en,ro&lng2=bg,cs,da,de,e
l,en,es,et,f,fr,hu,it,lt,lv,mt,nl,pl,pt,ro,sk,sl,sv,&val=473797:cs
46 For example: http://www.tbs-sct.gc.ca/olo/caldech/analytical-analyse-eng.asp
47 Law on state guaranteed legal aid no.198 of 26.07.2007 //Offcial Monitor 157-160, 05.10.2007 http://lex.
justice.md/index.php?action=view&view=doc&lang=1&id=325350
48 Civil Code of the Republic of Moldova no.1107 of 06.06.2002 //Offcial Monitor 82-86, 22.06.2002 http://lex.
justice.md/index.php?action=view&view=doc&lang=1&id=325085
49 Code of Civil Procedure no.225 of 30.05.2003 //Offcial Monitor 111-115, 12.06.2003 http://lex.justice.md/
index.php?action=view&view=doc&lang=1&id=286229
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In order to adjust the legislation in force, especially the dispositions of the Civil Code and of the Code
of Civil Procedure, provisions of art.12 from the Convention, and respectively the Law on social
inclusion of persons with disabilities, through the Inter-ministerial Order (Ministry of Health, Social
Protection and Family, Ministry of Justice) of 09.12.2011, was created a working inter-institutional
group. The working group includes representatives of the resort ministries and of the civil society,
inclusively representatives of the Center for Human Rights, the main goal of which is reformation of
legal capacity institution.
2.7.4. Positive discrimination
Though the Constitution and other laws do not provide directly the notions of positive or affrmative
discrimination, these are refected as concepts in the current legal framework of the Republic of
Moldova. So, the Constitution of the Republic of Moldova, in art.51 directly states: The disabled
persons shall enjoy a special form of protection from the whole society. The State shall ensure that
normal conditions exist for medical treatment and rehabilitation, education, training and social
integration of disabled persons..So, this special treatment is comprised in the above-mentioned
concepts of positive discrimination or affrmative discrimination.
Also, the current legal framework provides a series of affrmative actions in different social life
spheres. As for example, would serve the provisions of the Law on social inclusion of persons with
disabilities:
a) From the total number of places established in an education institution in the matriculation plan
fnanced from the state budget (for each specialty/feld of professional education, form of education
and level of education) 15% shall be attributed to graduates with disabilities and in case there are no
requests from the behalf of these persons, these places shall be supplemented taking into account the
general principle (art. 29 paragraph (5));
b) The employers, regardless of their legal organizational form, having according to their staffng
scheme 20 employees or more, shall create or reserve work places and engage persons with disabilities
of at least 5% from the total number of employees. (art. 34 paragraph (4))
19
Chapter 3: SPECIFIC ASPECTS
3.1. Accessibility
According to the constitutional provisions, the State is obliged to take actions aimed at ensuring that
every person has a decent standard of living, whereby good health and wellbeing, based on available
food, clothing, shelter, medical care and social services are secured for that person and his/her family.
The State shall ensure normal treatment conditions, rehabilitation, and education, training and social
integration of persons with disabilities, inclusively accessibility.
Following the adoption of the Law on social inclusion of persons with disabilities no.60 of 30.03.2012,
currently, the legal framework guarantees access of persons with disabilities, in equal conditions
with others, to the physical environment, to transport, to information and mass-media, inclusively to
information technologies and electronic communications, to other utilities and services offered to the
public, both in urban and rural areas, according to the provisions of the law in force. The standards
to adapt the social infrastructure objects to the needs of persons with disabilities are approved by the
national administrative body in construction Ministry of Regional Development and Construction.
These standards exist at the moment, but according to the recommendations of the experts, these
shall be revised
50
, because even the existent provisions as for example the General Regulation
on Urbanism approved through the Decision of the Parliament regarding approval of the General
Regulation on Urbanism no.5 of 05.01.1998
51
- are not suffcient.
The state assures printing, through alternative systems of communication (Braille system, sound
variant, simple and easy to understand language, etc.) of literature, school books, other didactic
materials and education means. The standards to adapt the informational and communication systems
to the needs of persons with disabilities, as well as other ways to use alternative ways of communication
(Braille system, sound variant, sign language, etc.) within these systems, shall be approved by the
Government currently these do not exist.
At the moment, the legislation doesnt provide alternative assistance and communication ways for
persons with disabilities in all services and facilities available to the public; these are limited to
regulations that strictly refer to the literature and didactical materials.
Regarding training of the interested persons in the feld of accessibility for persons with disabilities
such regulations do not exist. From the text of the Convention on Rights of Persons with Disabilities
(CRPD) results guarantee of the right to education of any person, not only of persons with disabilities,
or, the text of the Law on social inclusion of persons with disabilities no.60 of 30.03.2012 refers only
to education of persons with disabilities. The Government shall draft education methodologies for all
interested persons in the problem of accessibility currently this issue is imperative, in the context of
intense development of information technologies.
The Report regarding social protection of persons with disabilities and implementation during 2012
of the Action plan of the Strategy for social inclusion of persons with disabilities (2010-2013)
52
meant
performance of certain signifcant measures.
The Government Decision no.599/13.08.2013 regarding approval of the Action plan on implementation
of measures assuring accessibility of persons with disabilities to the social infrastructure
53
, provides
revision and approval of the technical standards and legal acts in order to assure access of persons
with disabilities to social infrastructure, harmonizing it with the public regulations, and namely:
50 http://www.mpsfc.gov.md/fle/rapoarte/Raport_accesibilitate.pdf
51 Government Decision regarding approval of the General Regulation on Urbanism no.5 of 05.01.98 //Offcial
Monitor 14-15/95, 26.02.1998 http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=302550
52 http://www.mpsfc.gov.md/fle/2013/rapoarte/Raport_implement_Strategie_%20FINAL_2012.pdf
53 Government Decision no. 599/13.08.2013 regarding approval of the Action plan on implementation of
measures assuring accessibility of persons with disabilities to the social infrastructure //Offcial Monitor 182-185/701,
23.08.2013 http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=349254
Monitoring of legislation, policies and programs: observance of the rights of persons with disabilities in the Republic of Moldova
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1. Update of the standard NCM C.1, June 2007 Accessibility of buildings and constructions for
persons with disabilities.
2. Update of the practical code CP C.1, February 2003 Regulations for designing the access of
persons with disabilities in civil and industrial buildings
Recommendations:
1) Revision of the standards to adapt the buildings of social infrastructure to the needs of persons
with disabilities;
2) Amendment of Law on social inclusion of persons with disabilities no.60 of 30.03.2012 assures
alternative assistance and communication ways for persons with disabilities to all services and
facilities available to the public;
3) Drafting of standards to adapt the informational and communication systems to the needs of
persons with disabilities, as well as other ways to use alternative ways of communication (Braille
system, sound variant, sign language, etc.) within these systems;
4) Starting of the process to equip the buildings and institutions opened to public with indicators in
Braille alphabet in a simple and easy to understand language;
5) Drafting of education methodologies for all interested persons in the feld of accessibility for
persons with disabilities (Braille system, sign language, etc.).
3.2. Right to life
The right to life is guaranteed by the Constitution of the Republic of Moldova and Law on health
protection no.411 of 28.03.1995, with subsequent changes and additions, without any distinction
between persons with or without disabilities. Persons with disabilities, from birth have the right to life
and nobody shall be deprived arbitrary of this right. Law no.60 of 30.03.2012 on social inclusion of
persons with disabilities (art.7) provides the rights of persons with disabilities, inclusively before the
law, without discrimination, and the right to life, freedom and personal security.
The Constitution of the Republic of Moldova prohibits capital punishment; nobody can be condemned
to such a punishment nor executed (art. 24 paragraphs (1) and (2)).
Also, the Law on health protection no.411/1995
54
(art. 34) prohibits euthanasia and disconnection of
the person from medical apparatus before ascertain the death of the cerebrum.
According to the Penal Code no.985 of 18.04.2002
55
, killing a person with disability is considered an
aggravating circumstance and is severely punished (art.77 paragraph (1) and art.145 paragraph (2)).
3.3 Liberty and security of the person
At the level of constitution, the individual liberty and security of person are inviolable, without
making any difference between persons with or disabilities (art. 25). The supreme law of the State
states that search, retention or arrest of a person is allowed only in case and on the basis of a provision
established by the law. The restrictions enforced in exercising certain rights and liberty of a person
(art.54 from the Constitution) excludes restriction of access to justice, presumption of innocence, the
retroactivity of the law, the right of every person to know his/her rights and obligations and the right
to life, physical and mental integrity. These rights remain intact.
54 Law on health protection no.411 of 28.03.95 //Offcial Monitor 34/373, 22.06.1995 http://lex.justice.md/index.
php?action=view&view=doc&lang=1&id=312823
55 Penal Code of the Republic of Moldova no.985 of 18.04.2002 (in force since 24.05.2009) //Offcial Monitor
128-129/1012, 13.09.2002 http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=331268
21
The Law on mental health no.1402 of 16.12.1997
56
with subsequent amendments state that It is not
admitted limitation of rights and liberties of persons suffering mental disorders only on the basis of the
psychiatric diagnosis, monitoring cases through dispensary monitoring of the fact that was or is in a
stationary psychiatry dispensary or in a psycho-neurological institution (psycho-neurological hostel,
specialized school, residential institution or temporary placement institution, etc.). The decision
makers found guilty of such violations shall be responsible in accordance with the legislation.(art.5
of paragraph.3).
The Penal Code no.985 of 18.04.2002 and of the Penal Procedure Code no.122 of 14.03.2003 state
that denial of freedom, arrest, forced detention of a person in a medical institution are allowed only
on the basis of a mandate of arrest or of a motivated law court decision. Forced hospitalization
in a psychiatry dispensary is a coercive medical action applied only to persons with psychosocial
disabilities who have committed infringements provided by the penal legislation, being in a state of
mental irresponsibility or limited responsibility.
At the same time, the Law on mental health establish certain provisions that provide hospitalization
without free consent of the person or of his/her legal representative, before issuing a decision, in case
of severe mental disorders and conditions a social danger or severe injury to his/her health (art. 28).
These provisions are recommended to be revised and to be provided clear protection mechanisms for
urgent medical cases in order to avoid the risk of arbitrary hospitalization of persons with psychosocial
disabilities.
Distribution of prisoners in penitentiaries is done depending on the type of prison indicated by
the law of court and not on the criteria of disability. The prisoners have the right to medical care
according to the Order of the Ministry of Justice no.478 of December 15, 2006 Regarding approval
of the Regulation on medical health assurance of prisoned persons in penitentiaries
57
. Persons with
mobility disabilities are consulted by specialists of the public medical sanitary institutions. Also, the
penitentiary institutions request the National Health Insurance Company to issue mandatory medical
health insurance policies fnanced from the state budget, in accordance with the Law on mandatory
medical health insurance no.1585-XIII of February 27, 1998.
Prisoners of level I and level II disability (severe and pronounced) beneft of additional food in
accordance with Annex 5 to the Government Decision no.609 of May 29, 2006
58
regarding minimal
standards for supply of daily food for prisoners of level I and level II disability.
Currently, the residential institutions are a form of social protection of persons with disabilities from
the Republic of Moldova and placing in these types of institutions affect the freedom of persons with
disabilities. Deinstitutionalization and reintegration of persons with disabilities in their community
and in their families is a priority of the Government of the Republic of Moldova. In order to replace
the residential assistance system with a community assistance system of persons with disabilities,
the local authorities develop gradually alternative types of residential services in cooperation and
partnership with different partners.
56 Law on mental health no.1402/16.12.97 //Offcial Monitor 44-46/310, 21.05.1998 http://lex.justice.md/index.
php?action=view&view=doc&lang=1&id=312970
57 Ministry of Justice, Order no.478 of 15.12.2006 Regarding approval of the Regulation on medical health
assurance of prisoned persons in penitentiaries //Offcial Monitor 199-202/695, 29.12.2006 http://lex.justice.md/index.
php?action=view&view=doc&lang=1&id=319608
58 Government Decision no.609/29.05.2006 regarding minimal standards for supply of daily food for prisoners
of level I and level II disability //Offcial Monitor 102-105/765, 07.07.2006 http://lex.justice.md/index.php?action=view
&view=doc&lang=1&id=316484
Monitoring of legislation, policies and programs: observance of the rights of persons with disabilities in the Republic of Moldova
22
3.4 Liberty to movement and nationality
The right to nationality and free movement are consecrated in the Constitution of the Republic of
Moldova Every citizen of the Republic of Moldova is guaranteed the right to choose his place of
residence anywhere within the national territory, to travel in and out of the country, also to emigrate
at will (art. 27 of paragraph 2). At the same time, the right to nationality is a fundamental right No
one may be deprived arbitrarily of his/her citizenship or the right to change it. (art. 17 paragraph 2).
These fundamental rights are not restricted neither to persons with disabilities.
Moreover, to under-ages and persons with limited or deprived of legal capacity are issued passports to
travel abroad at the request of the legal representative (Law no.269 of 09.11.1994 on exit and entrance
in the Republic of Moldova
59
).
According to the instructions of the Government of the Republic of Moldova no.58-D of 17.05.2004,
during 2010-2012, 3622 persons with disabilities have obtained identity cards at a reduction of 50%
from the total cost.
The law on citizenship of the Republic of Moldova no.1024 of 02.06.2000
60
, with subsequent
amendments includes provisions referring to obtain of citizenship through naturalization for persons
with disabilities (art. 18 paragraph (2) letter b).
Registration of birth is mandatory for every child from the Republic of Moldova. According to
the Law no.100 of 26.04.2001 on civil status acts with subsequent amendments and additions, the
Civil Registry Offces shall register every birth without any difference or any special procedures for
newborns with disabilities. When registering the birth, every newborn, inclusively with disabilities,
is guaranteed the identity (name and nationality).
The current legal framework provides those prescriptions necessary for assurance of the right to free
movement and the right to nationality of persons with disabilities without being discriminated.
3.5. Situations of risk and humanitarian emergencies
On the one hand, the Constitution of the Republic of Moldova guarantees equal rights for all citizens,
on the other hand guarantees assurance of special protection for persons with disabilities. In situations
of risk, the Government undertakes respective actions with the help of civil protection system and
of special authorities Civil Protection Service and Extreme Situations. The Law on civil protection
no.271 of 09.11.94
61
states that public authorities establish and approve adequate measures and actions
refected in special plans and civil protection programs, in case of an extreme situation, inclusively
protection of population, performance of save and rescue actions, evacuation, help, and multilateral
help for victims.
There are no special provisions to persons with disabilities.
Recommendation:
Complete the Law on civil protection no.271 of 09.11.94 with provisions referring to provision of
primordial assistance to certain categories of population (persons with disabilities, elderly people,
children, etc.).
59 Law no.269/09.11.94 on exit and entrance in the Republic of Moldova //Offcial Monitor 6/54, 26.01.1995
http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=311638
60 Law no.1024/02.06.2000 on citizenship of the Republic of Moldova //Offcial Monitor 98-101/709,
10.08.2000 http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=311522
61 Law on civil protection no.271/09.11.94 //Offcial Monitor 20/231, 29.12.1994 http://lex.justice.md/viewdoc.
php?action=view&view=doc&id=311639&lang=1
23
3.6. Legal capacity and access to justice
The constitutional provisions state that every person has the right to effective assistance from the
courts of law against acts that violate his/her legitimate rights, freedoms and interests. No law can
impede access to justice. In the same order, civil and criminal procedural rules expressly provide
access to justice, the right to legal assistance guaranteed by the state, equality before the law and
justice, with no distinction between people with and without disabilities.
In special regulations, like the Law on social inclusion of persons with disabilities it is stated that
persons with disabilities enjoy legal assistance in all life spheres in equal situations with other
citizens. Offcial persons and persons guilty of violation of rights, interests and fundamental liberties
of persons with disabilities shall be liable according to the legislation in force.
The legal framework guarantees access to justice for all citizens, inclusively for persons with
disabilities. In spite of this, currently there are no suffcient studies or analyses that would demonstrate
in what degree it is guaranteed this right to these categories of persons. So, it would be necessary if
the legal institutions organize different mass-media campaigns, conferences, workshops with the aim
to inform and raise awareness of persons with disabilities regarding access to justice and organize
different training programs for the staff of the law and justice institutions in order to assure access to
justice for persons with disabilities.
With reference to assurance of equal right of persons with disabilities to inherit property, to control
their own fnancial affairs and have equal access to bank loans, mortgages and other forms of fnancial
credit, there were not found any legal regulations that would restrict these rights. Moreover, the
regulations referring to tutorship instituted over persons exonerated of legal capacity and exercise
provide protection of the property administration of the person under tutorship (art.41 Civil Code
of the Republic of Moldova no.1107 of 06.06.2002
62
). Also, there are obligations of the tutorship
authority to authorize conclusion of alienation legal acts (inclusively donations), change or lease, free
of charge usage or pledge of goods, of the legal acts according to which the person under tutorship
or guardianship renounces to his/her rights, of sharing conventions of the property or shares of the
person under tutorship or guardianship and of any other legal acts that lead to reduction of his/her
property (art.42 Civil Code).
With reference to access of persons with disabilities to assistance they need in order to exercise their
legal capacity, the opinions still differ regarding the legal capacity of persons with disabilities. The
procedure established in the law as well as practices referring to declaration of persons incapacity
and institution of the tutorship are defcient and contradict the international standards in the feld
of human rights, especially provisions of article 12 of the Convention on Rights of Persons with
Disabilities (CRPD), placing the person declared incapable in an excessive vulnerable situation. The
most serious found problems are: non-information of the persons that is going to be declared legally
incapable regarding the process and his/her rights; possibility to exclude participation to the legal
process of the person that is going to be declared legally incapable; formality in nominating a lawyer
and his/her non-participation in defending the rights of the person; placement of the person declared
legally incompetent in residential institution at the initiative of the tutor or other social or medical
institutions; formal monitoring and lack of monitoring referring to tutors activity from the behalf of
the tutorship and guardianship authority; loss of control of the persons declared legally incompetent
over their own fnancial properties and immovable (if it is the case); deprivation of procedural rights
and impossibility to present in his/her own name the request to reestablish the legal competence;
inexistence of a procedure to revise periodically of the necessity to maintain the statute of incapacity
(permanent and irreversible aspect of tutorship)
63
.
62 Civil Code of the Republic of Moldova (general provisions) no.1107 of 06.06.2002 //Offcial Monitor 82-
86/661, 22.06.2002 ,http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=325085
63 http://www.un.md/key_doc_pub/STUDIU_Aplicarea_practic%C4%83_a_sistemului_de_
tutel%C4%83_%C3%AEn%20Republica_Moldova.pdf
Monitoring of legislation, policies and programs: observance of the rights of persons with disabilities in the Republic of Moldova
24
In 2011, P.A. The legal assistance center for persons with disabilities
64
with assistance of USAID,
have performed a sociologic research barriers to the social inclusion of persons with disabilities in
the Republic of Moldova. According to the research, 8,9% of the respondents think that access to
justice of persons with disabilities is mainly respected, 42,0% of the respondents consider that access
to justice is partially respected, 27,5% think that access to justice is not respected at all and 21,6%
have declared that that they do not know or didnt answer to the question.
Civil Procedure Code no.225 of 30.05.2003
65
and Penal Procedure Code no.122 of 14.03.2003
66

guarantee free access to justice and equality before the law and authorities, and Law no.60 of
30.03.2012
67
states that persons with disabilities exercise equally their legal capacity as other persons
in all life spheres, and depending on the case, beneft of protection measures and legal assistance in
exercising their legal competence, provided in the legislation in force. Persons with disabilities enjoy
legal assistance in all life spheres in equal conditions like other citizens.
With reference to assurance of procedural accommodations corresponding to the age, in order to
facilitate participation of persons with disabilities in all courts of law processes, inclusively as
witnesses, the procedural rules establish in art.219 that in case the person who is going to be heard by
the law is deaf or hard of hearing, or because of other reasons, cant express the questions and answers
shall be put in written form and shall be attached to the minutes, and in case he/she cant read and
write, shall be used the services of an interpreter.
3.7. Protection of persons with disabilities against torture, violence and exploitation
Constitution of the Republic of Moldova states that no one may be subjected to torture or to cruel,
inhuman or degrading punishment or treatment, taking over the provisions established in the Universal
Declaration of Human Rights of 10.12.48, Convention of 04.11.50 on protection of human rights and
fundamental freedoms and International Covenant of 16.12.66 on civil and political rights. Also,
the Republic of Moldova is a party of the Convention of 10.12.84 against torture and other cruel,
inhuman or degrading treatment of punishment (CAT), European Convention of 26.11.87 against
torture and other cruel, inhuman or degrading treatment of punishment and European Convention of
04.04.97 on protection of human rights and dignity of the human being with regard to the application
of biology and medicine, the last stating that the person suffering of a severe mental disorder shall
not be deprived of his/her capacity to consent to an intervention. The legislation defnes such notions
as torture, degrading treatment, abuse, violence, patient, consent, etc. Nevertheless, these notions are
not regulated in a specifc way for situations the persons with disabilities confront with, these being
applicable for all citizens. The informed consent of the person is always mandatory. Nevertheless,
contrary to the provisions of the Convention on Rights of Persons with Disabilities (CRPD), the
person with mental disorders can be compelled to be hospitalized, according to the Law on health aid
no.411 of 28.03.95.
Constitution of the Republic of Moldova guarantees free access to justice. Any person can report
cases of torture, violence or exploitation according to the provisions of the legislation.
The Penal Code establishes severe sanctions in art.166/1 for practicing torture, inhuman or degrading
treatment, and in art.168 in case of forced labor. The Penal procedure Code of the Republic of
Moldova (general part) nr.122 of 14.03.2003
68
states that no one is subject to torture or cruel, inhuman
64 http://www.advocacy.md
65 Civil Procedure Code of the Republic of Moldova no.225 of 30.05.2003 //Offcial Monitor 111-115/451, 12.06.2003
http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=286229
66 Penal Procedure Code of the Republic of Moldova (special part) no.122 of 14.03.2003 //Offcial Monitor 104-
110/447, 07.06.2003 http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=326970
67 Law no. 60 of 30.03.2012 on social inclusion of persons with disabilities//Offcial Monitor 155-159/508,
27.07.2012http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=344149
68 Penal Procedure Code of the Republic of Moldova (general part) no.122 of 14.03.2003 //Offcial Monitor 104-
110/447, 07.06.2003 http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=326970
25
or degrading treatments, no one can be detained in humiliating conditions, can be compelled to
participate in procedural actions that prove injurious to human dignity.
The Law on police activity and status of policeman no.320 of 27.12.2012
69
establish activity principles
of the police, according to which the policemen do not apply and tolerate torture, inhuman or degrading
treatment. The Law on preventing and combating domestic violence no.45 of 01.03.2007
70
defnes the
notions of family, physical violence, sexual violence and psychological violence.
The legislation in the feld of health Law on patients rights and responsibilities no.263 of
27.10.2005
71
, Law on health aid no.411 of 28.03.95, Law on mental health no.1402 of 16.12.97
72
-
provide a mandatory consent of the person with disabilities or of his/her legal representative when he/
she is offered medical services.
Though the legislation contains interdictions as well as clear sanctions against inhuman treatment,
these do happen and are reported in many reports and studies (Implementation of UN Convention
regarding rights of persons with disabilities, the Initial State Report of the Republic of Moldova
73
;
Torture and inhuman treatment towards children in the context of juvenile justice: extension, impact,
prevention, identifcation of cases, assistance offering and reporting
74
; Inhuman treatment based on
discrimination in Moldova
75
).
At the moment, in the Republic of Moldova exist a series of public policies and strategies aimed at
combating the phenomenon of torture Reform strategy in the feld of justice (2011-2016) approved
by the Parliament of the Republic of Moldova through Law no.231 of 25.11.2011
76
; Action plan for
implementation of the Reform strategy in the feld of justice for years 2011-2016 approved through
the Decision no.6 of 16.02.2012 of the Parliament of the Republic of Moldova
77
; Additional action
plan in the feld of human rights for years 2011-2014, approved through the Parliament Decision
no.90 of 12.05.2011
78
.
Recommendations:
1) Based on the practical cases, shall be drafted methodological guides to identify and investigate
cases of torture, violence or exploitation of persons with disabilities.
2) Assurance of adequate ways of assistance depending on the sex and age of the persons with
disabilities and of their families, caregivers, inclusively the informational and educational support in
order to avoid, identify and report cases of violence.
3) Assurance by independent bodies of effective monitoring of programs intended for persons with disabilities.
3.8. Equal physical and mental integrity
In the Republic of Moldova, persons with disabilities have the right on an equal basis with other
citizens to protection of physical and mental integrity, a right guaranteed by the Constitution.
69 Law on police activity and status of policeman no.320 of 27.12.2012 //Offcial Monitor 42-47/145, 01.03.2013
http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=346886
70 Law on preventing and combating domestic violenceno.45 of 01.03.2007 //Offcial Monitor 55-56/178,
18.03.2008 http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=327246
71 Law on patients rights and responsibilitiesno.263 of 27.10.2005 //Offcial Monitor 176-181/867, 30.12.2005
http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=313060
72 Law on mental health no.1402 din 16.12.97 //Offcial Monitor 44-46/310, 21.05.1998 http://lex.justice.md/
index.php?action=view&view=doc&lang=1&id=312970
73 http://particip.gov.md/public/documente/139/ro_539_Raport-initial-privind-implementarea-Conventiei-ONU-
privind-drepturile-persoanelor-cu-dizabilitati.pdf
74 http://www.ombudsman.md/sites/default/fles/acorduri/raport_tortura_minori_ro.pdf
75 http://www.promolex.md/upload/publications/en/doc_1332167124.pdf
76 http://justice.gov.md/public/fles/fle/reforma_sectorul_justitiei/srsj_pa_srsj/SRSJro.pdf
77 http://justice.gov.md/public/fles/fle/reforma_sectorul_justitiei/srsj_pa_srsj/PA_SRSJ_adoptatro.pdf
78 http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=339395
Monitoring of legislation, policies and programs: observance of the rights of persons with disabilities in the Republic of Moldova
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The Law on health aid no.411 of 28.03.1995
79
, with subsequent modifcations, establishes a series
of provisions as for example: consent of the patient for any medical service (art. 23, paragraph 1),
voluntary chirurgical sterilization only with the consent of the person (art. 31, 1), voluntary interruption
of pregnancy (art. 32). In case of a person without legal capacity or discernment, according to the
Law on health aid the patients consent without discernment is given by his/her legal representative
and in case he/she has no such a representative, by his/her close relative (art. 23, paragraph 3.).
The patients consent without discernment either temporary or permanent, is supposed in case of
imminent death or severe threat to his/her health. (art. 23, paragraph 4).
Law no.42 of 06.03.2008 on transplantation of human organs, tissues and human cells
80
provides
protection of persons who because of their disability are not in state to express his/her consent
regarding acquiring human organs, tissues or human cells. According to art.19, paragraph 1, cannot
be collected human organs, tissues or human cells from a person who is in the impossibility to give
his/her consent, except collection of tissues or regeneration cells. In this last situation, collection
shall be approved by the Independent Commission nominated through the Government Decision
no.1207 of 27/12/2010 regulating organization and functioning of the Independent Commission.
According to the provisions of the Law no.60 of 30.03.2012 on social inclusion of persons with
disabilities, these persons shall personally give their consent, voluntary informed consent or refusal
regarding any medical intervention, according of the provisions of the legislation in force (art. 42,
paragraph 8).
Though there are neither relevant statistical data regarding sterilization of girls/women with disabilities
nor data regarding the number of compelled abortions among girls/women with disabilities we might
admit that such practices exist, especially among the girls/women who because of their disabilities,
lack of discernment cant use protection means.
Ombudsman (Center for Human Rights from Moldova) is involved in assessment and monitoring
process referring to protection of the persons integrity, especially of persons from penitentiaries and
residential institutions.
3.9. Possibility to live independently and be included in the community
The Constitution guarantees that the State respects and protects everybodys personal, private and
family life. There are no direct constitutional provisions regarding the possibility of persons with
disabilities to live independently and to be included in the community, but these are assured through
a series of other legal acts at the level of laws and subordinated acts.
So, according to Law no.169 of 09.07.2010 regarding approval of the Strategy on social inclusion of
persons with disabilities
81
, development of social services is one of the key goal in implementation of
the national policy on social inclusion of person with disabilities (paragraph 18 d) and 22).
According to Law no.547 of 25.12.2003 on social assistance
82
, with subsequent modifcations, social
services comprise a series of actions to satisfy the social needs of a person or family in order to
overcome a certain diffcult situation and prevent social marginalization and exclusion. The quality
of the social services shall correspond to the quality standards approved by the Government (art. 10).
The regulations force, also state that the principle of individual autonomy shall be respected while
79 Law on health aid no.411 of 28.03.95 //Offcial Monitor 34/373, 22.06.1995 http://lex.justice.md/index.php?a
ction=view&view=doc&lang=1&id=312823
80 Law no.42 of 06.03.2008 on transplantation of human organs, tissues and human cells //Offcial Monitor 81/273,
25.04.2008 http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=327709
81 Law no.169 of 09.07.2010 regarding approval of the Strategy on social inclusion of persons with disabilities (2010-2013) //
Offcial Monitor 200-201/660, 12.10.2010 http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=336276
82 Law no.547 of 25.12.2003 on social assistance//Offcial Monitor 42-44/249, 12.03.2004 http://lex.justice.md/index.php?act
ion=view&view=doc&lang=1&id=312847
27
providing assistance.
Law no.123 of 18.06.2010 on social services
83
establishes a series of rights for the benefciaries
of social services, inclusively respect of rights and fundamental liberties, excluding any form of
discrimination, protection against all forms of violence, physical injury or mental abuse, negligence,
degrading treatment or exploitation, communication in terms of accessibility, information regarding
fundamental rights and actions related to social protection, personal dignity and private life of the
benefciary, etc.
Within implementation of the National program regarding creation of integrated social services
for years 2008 - 2012 (Government Decision no.1512 of 31.12.2008
84
), through Order no.353 of
15.12.2011 of the Ministry of Labor, Family and Social Protection was approved a Nomenclature of
social services. The Nomenclature establishes types of social services in the Republic of Moldova,
benefciaries of such services, how these services are offered, the structure of the staff specialized
for every type of service, as well as information related to regulation of existent services. According
to the Nomenclature of social services, results that from those 40 types of existent social services in
the Republic of Moldova, 17 are oriented exclusively towards persons with disabilities (children and
adults), representing about 42% from the total spectrum of social services. Other 13 types of services
can be also accessed by persons with disabilities, in case they are in a particular diffcult situation,
that are specifc to other vulnerable groups (for example, post-deinstitutionalization, human being
traffcking, domestic violence, old age, HIV / TBC, etc.).
During 2010-2012, the Government has paid special attention to regulation and launching of
community social services to persons with disabilities, according to article 19 from the Constitution
referring to rights of persons with disabilities. It was drafted and approved the regulation regarding
organizing and functioning, minimal quality standards for new types of community social services
for persons with disabilities.
3.10. Personal mobility
The concept of personal mobility doesnt exist at all in our legislation there were nor found
neither defnitions nor legal descriptions that could be associated with the principle of mobility. The
Constitution guarantees the right to individual liberty and free circulation. Nevertheless, some simple
actions to assure mobility (other than those referring to assurance of accessibility) can be found in
the legislation and these refer mainly to reductions for goods assuring mobility of a person, as well as
assurance with facilitating technical means.
We fnd only some provisions that can be interpreted as containing elements of the personal mobility
principle of persons with disabilities. The Law on social assistance no.547 of 25.12.2003
85
states that:
the social assistance is a component of the national social protection system within which the state
and the civil society engages to prevent, to limit or to eliminate temporary or permanent effects of
certain events considered social risks and which can generate social marginalization or exclusion of
persons and families that are in diffcult situation. The Family Code no.1316 of 26.10.2000
86
states
that family relations are regulated according to the mutual moral and material assistance, attitude
83 Law no.123/18.06.2010 on social services //Offcial Monitor 155-158/541, 03.09.2010 http://lex.justice.md/
index.php?action=view&view=doc&lang=1&id=335808
84 Government Decision no.1512/31.12.2008 regarding approval of the National program regarding creation of
integrated social services for years 2008 - 2012 //Offcial Monitor 7-9/25, 20.01.2009 http://lex.justice.md/index.php?ac
tion=view&view=doc&lang=1&id=330366
85 Law on social assistance no.547 din 25.12.2003 //Offcial Monitor 42-44/249, 12.03.2004 http://lex.justice.
md/index.php?action=view&view=doc&lang=1&id=312847
86 Family Code no.1316 of 26.10.2000 //Offcial Monitor 47-48/210, 26.04.2001 http://lex.justice.md/index.php?
action=view&view=doc&lang=1&id=286119
Monitoring of legislation, policies and programs: observance of the rights of persons with disabilities in the Republic of Moldova
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manifestation towards care, education and protection of the rights and interests of the family members
who are under-age or those who cannot work.
The Regulation on ways to assure certain categories of citizens with facilitating technical means
approved through the Government Decision no.567 of 26.07.2011
87
states that facilitating technical
means are any product, instrument, equipment or technical system used by a person with disability,
of special or general use, which prevents, compensates, monitors, diminishes or neutralizes the
disability of the person are issued and offered for free of charge or at a price reduction of 50%.
Through the Government Decision on proposal of the Information Technologies Department regarding
assurance of certain facilities to some categories of persons while issuing identity documents no.58 of
17.05.2004
88
, to citizens, persons of level II of disability are offered a price reduction of 50% when
issuing the passport, on the basis of a ticket in a health resort abroad, offered by the Ministry of Labor,
Social Protection or Ministry of Health.
In conclusion, it is observed a total nonconformity of the respective subject, and shall be proposed
the following recommendations:
1) Introduction of the notion of personal mobility principle;
2) Establish guarantees for personal mobility assurance;
3) Establish a Nomenclature for services referring to personal mobility;
4) Facilitation of personal mobility of persons with disabilities at the time and in the way he/she
chooses and at a reasonable price;
5) Facilitation of access of persons with disabilities to qualitative mobility assistance, facilities,
assistance technologies and forms of personal and intermediary assistance at a reasonable price;
6) Assurance of training related to mobility for persons with disabilities and staff working with them.
3.11. Freedom of expression and access to information
According to the Constitution of the Republic of Moldova (art. 32 paragraph (1), (2)), All citizens
are guaranteed the freedom of opinion as well as the freedom of publicly expressing their thoughts
and opinions by way of word, image or any other means possible. The freedom of expression may
not harm the honor, dignity or the rights of other people to have and express their own opinions or
judgments.
Also,art. 34 paragraphs (1) and (2) of the Constitution of the Republic of Moldova guarantees access to
any information of public interest which is everybodys right that may not be curtailed and according
with their established level of competence, public authorities shall ensure that citizens are correctly
informed both on public affairs and matters of personal interest.
Through Law no.60 of 30.03.2012 on social inclusion of persons with disabilities is guaranteed
the access to information of persons with disabilities (art. 25 paragraphs (1) - (8)). So, the State:
recognizes and promotes usage of sign language and of other alternative forms of communication,
as a mean of communication between persons, promotes access of persons with disabilities to mass-
media, information technologies and electronic communication, assures printing, through alternative
systems of communication (Braille system, sound variant, simple and easy to understand language,
etc.) of literature, school books, other didactic materials and education means.
At the same time, public authorities and institutions are obliged to make their web sites accessible
87 The Regulation on manner to assure certain categories of citizens with facilitating technical means approved
through the Government Decision no.567 of 26.07.2011 //Offcial Monitor 128-130/642, 05.08.2011 http://lex.justice.
md/index.php?action=view&view=doc&lang=1&id=339650
88 Government Decision on proposal of the Information Technologies Department regarding assurance of certain
facilities to some categories of persons while issuing identity documents no.58 of 17.05.2004 //Offcial Monitor 80-
82/647, 21.05.2004 http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=287206
29
to persons with disabilities, according to the international directive. Economic agents which render
services in the feld of communication shall provide reductions for persons with disabilities for
payment of certain services, the public authorities shall engage, if it is necessary, an interpreter who
shall assure communication between the authorities and the person hard of hearing.
According to the Law no. 982/11.05.2000 on access to information
89
, any one has the right to search,
get and make public the offcial information.
Art. 14 paragraph (1) letter a) from the Law on informatics
90
, no.1069-XIV of 22.06.2000, states need
to assure and guarantee to products and services users that these are not of the kind to affect human
rights.
The recommendation, referring to access to information, the legal framework needs signifcant
improvements, shall be assured access to information taking into account that the information and
communication is assured through means accessible for persons with disabilities.
3.12. Respect for private life
The Constitution of the Republic of Moldova guarantees The State shall respect and protect private
and family life. The domicile and residence is inviolable. (art. 28 and art. 29 paragraph (1)). This
is a fundamental right guaranteed to all citizens, regardless of any criteria, inclusively of disability.
In order to implement Directive 95/46/EC of the European Parliament and Council of October 24,
1995 on the protection of individuals with regard to the processing of personal data and on the free
movement of such data, there was adopted Law no.133 of 08.07.2011 on protection of personal data
91
.
The goal of the law is to protect the rights and fundamental liberties of individuals, especially the
right to personal, family and private inviolability. Article 5 from this law establishes the procedure
for processing of personal data.
Art. 15, paragraph (1) from the Law on informatics no.1069-XIV of 22.06.2000, states that personal
data referring to race, ethnic origin, political opinions, religious beliefs or other beliefs, information
regarding health condition and sexual life of a person and those which refer to criminal records are
considered a special category of information which cannot be subject to retained and processed in
data bases. This information can be processed by special bodies, authorized in this sense and which
are obliged to take adequate protection and confdentiality security measures..
Penal Procedure Code no.122 of 14.03.2003, establishes procedures regarding respect of human rights,
liberties and his/her dignity, also right to persons inviolability, of his/her house, intimacy, etc., in case
of penal procedures, without any distinction between persons with and without disabilities. (art. 10-15).
Though Law no.123 of 18.06.2010 on social services states respect for personal and private life of
the service benefciary, for persons with disabilities placed in residential institutions, we recognize
that it is diffcult to assure this right. This issue needs considerable investments in renovation and
redesigning of the buildings of these institutions that are set up for a very big number of persons
(200-400 persons). Currently, the state policy provides reformation of these institutions as well as
development of alternative services based on community.
Law no.185 of 24.05.2001 on reproductive health and family planning
92
states that every person has
89 Law no.982/11.05.2000 on access on information //Offcial Monitor 88-90/664, 28.07.2000 http://lex.justice.
md/index.php?action=view&view=doc&lang=1&id=311759
90 Law no.1069/22.06.2000 on informatics //Offcial Monitor 73-74/547, 05.07.2001 http://lex.justice.md/index.
php?action=view&view=doc&lang=1&id=312902
91 Law no.133/08.07.2011 on protection of personal data //Offcial Monitor 170-175/492, 14.10.2011 http://lex.
justice.md/index.php?action=view&view=doc&lang=1&id=340495
92 Law no.185/24.05.2001 on reproductive health and family planning //Offcial Monitor 90-91/697, 02.08.2001
http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=312794
Monitoring of legislation, policies and programs: observance of the rights of persons with disabilities in the Republic of Moldova
30
the right to beneft of services protecting reproductive health and family planning.
The general conclusion would be that the national regulations correspond to the standards stated in
the mentioned conventions.
3.13 Respect for home and family
Right to family is a constitutional right. According to the Constitution of the Republic of Moldova
The family is founded on the freely consented marriage of husband and wife, on the spouses equality
of rights and on the duty of parents to ensure their childrens upbringing and education (art. 48,
paragraphs (1) and (2)).
The right to marriage is recognized to persons declared incapable by the court of law (to persons
with severe mental intellectual disorders). So, the Family Code states that marriage is not permitted
between persons of whom at least one was deprived of legal capacity (art. 15 paragraph 1, letter f).
These provisions shall be modifed as a result of legal capacity.
Law no.185 of 24.05.2001 on reproductive health and family planning
93
recognizes universal
access of the person to freely exercise the reproductive rights and family planning services, without
discrimination and without indicating possible discrimination per disability criteria.
With the aim to improve the social assistance system in the Republic of Moldova, it was adopted the
Law no.133 of 13.06.2008 on social assistance
94
. The main goal of the law is to assure a minimum
guaranteed monthly income for disadvantaged families, inclusively for those families having persons
with disabilities, providing them a social assistance, established in accordance with the average global
monthly income evaluation of the family and the need for assistance.
At the moment, it is clear that the residential training forms and social protection of children with
disabilities, usually, are located far from their home communities, affecting directly family relations.
As a result, the Government shall move forward the residential system reform and change it with an
assistance system at the community level.
3.14. Education
The Constitution of the Republic of Moldova guarantees the right to education.
The right to education is also guaranteed, without discrimination on the basis of nationality, sex,
age, origin, social status, political or religious affliation, criminal antecedents by Law on education
no.547 of 21.07.1995
95
. The state shall assure equal opportunities to access state education institutions:
lyceum, vocational, second level, higher education, depending on profciencies and capabilities.
Regarding the possibility of all persons with disabilities to get education, the Government has adopted
the Program for development of inclusive education for years 2011-2010
96
. The document establishes
a conceptual frame for inclusive education, based on the necessity to change continuously and adapt
the national education system to satisfy the diversity of children and the needs resulting out of this.
Starting with 01.01.2013, in all administrative units of second layer shall be provided psycho-
pedagogical services at rayon /municipal level, as well as psycho-pedagogical service at republican
93 Law no.185/24.05.2001 on reproductive health and family planning //Offcial Monitor 90-91/697, 02.08.2001
http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=312794
94 Law no.133/13.06.2008 on social assistance //Offcial Monitor 179/625, 30.09.2008 http://lex.justice.md/
index.php?action=view&view=doc&lang=1&id=329197
95 Law no. 547/21.07.95 on education //Offcial Monitor 62-63/692, 09.11.1995 http://lex.justice.md/index.php?a
ction=view&view=doc&lang=1&id=311684
96 Government Decision no. 523/11.07.2011 regarding approval of the Program for development of inclusive
education in the Republic of Moldova for 2011-2020 // Offcial Monitor 114-116/589, 15.07.2011 http://lex.justice.md/
index.php?action=view&view=doc&lang=1&id=339343
31
level. Besides, every school with inclusive practices shall create resources centers and teaching
units for assistance of children with special educational needs, according to the provisions of the
Government Decision no.351 of May 29, 2012 regarding approval of the Regulation on redirecting
the fnancial resources within the frame of the residential institution reform
97
.
Vocational education for young people with disabilities is assured in vocational secondary education
institutions and high schools (colleges). The Regulation on organization and carrying out of admission
in vocational secondary education institutions and high schools (colleges) in the Republic of Moldova,
approved through the Order of the Ministry of Education no.606 of June 30, 2010, with subsequent
amendments, provides facilities for admission of young people with disabilities to education.
3.15. Health
The state guarantees the right of persons with disabilities to a respectful and humane attitude from
the part of health service providers, without discrimination on disability criteria. The state assures
accessible and free of charge information of the public regarding provided medical social services in
order to minimize and prevent further disabilities. The Constitution guarantees the most high health
standards enjoyment of the highest attainable standard of health without discrimination on the basis
of disability, as well as a series of other normative acts in the feld of equality, disability, health,
etc., inclusively the Law on social inclusion of person with disabilities no.60 of 30.03.2012,Law on
equality assurance no.121 of 25.05.2012, Law on health aid no.411 of 28.03.95, Law on mental health
no.1402 of 16.12.97, Law on patients rights and responsibilities no.263 of 27.10.2005, Law on state
public health monitoring no.10 of 03.02.2009
98
.
Also, the Government assures a legal framework subordinated to the law through policies and
programs Government Decision regarding approval of the National program regarding the mental
health for years 2012-2016 no.1025 of 28.12.2012
99
and Government Decision regarding approval of
the National Health Policy no.886 of 06.08.2007
100
.
According to the Law on mandatory medical health insurance no.1585 of 27.02.98
101
, the state has
the role of an insurer in case of persons with disabilities, in such a way they beneft of free of charge
mandatory medical assistance.
Nevertheless, for recommendation, is proposed a specifc approach for the feld of persons with
disabilities in each mentioned document, because only concrete legal references would allow state
institutions to budget the expenses aimed to assurance equality principle and positive discrimination
principle, because persons with disabilities have much more evident needs as compared with the
needs of the other citizens of the Republic of Moldova.
3.16 Habilitation and rehabilitation
On the basis of the fundamental constitutional right on assistance and social protection, and special
protection of persons with disabilities, as well as on the basis of the Law on social inclusion of
97 Government Decision no.351/29.05.2012 regarding approval of the Regulation on redirecting the fnancial
resources within the frame of the residential institution reform // Offcial Monitor 113-118/393, 08.06.2012 http://lex.
justice.md/index.php?action=view&view=doc&lang=1&id=343471
98 Law on state public health monitoring no.10 of 03.02.2009 //Offcial Monitor 67/183, 03.04.2009 http://lex.
justice.md/index.php?action=view&view=doc&lang=1&id=331169
99 Government Decision approval of the National program regarding the mental health for years 2012-2016
no.1025 of 28.12.2012 //Offcial Monitor 6-9/35, 11.01.2013 http://lex.justice.md/index.php?action=view&view=doc&
lang=1&id=346311
100 Government Decision regarding approval of the National Health Policy no.886 of 06.08.2007 //Offcial
Monitor 127-130/931, 17.08.2007 http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=324940
101 Law on mandatory medical health insurance no.1585 of 27.02.98 // Offcial Monitor 38-39/280, 30.04.1998
http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=311622
Monitoring of legislation, policies and programs: observance of the rights of persons with disabilities in the Republic of Moldova
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persons with disabilities, persons with disabilities beneft of individual rehabilitation and social
inclusion programs. Though it was recently adopted, the procedure for determination of the disability
through the Government Decision regarding determination of disability and labor capacity no.65
of 23.01.2013
102
the respective approved Regulation didnt provide some guarantees stated in the
Convention on Rights of Persons with Disabilities (CRPD). Though the mechanism for promotion of
complex rehabilitation and habilitation programs and services for persons with disabilities is already
set, this does not enter into detail and is not orient towards community.
Recommendation:
Drafting of certain principles and general or particular methodologies for rehabilitation of persons
with disabilities, which can be taken in consideration by the territorial specialized councils as a
support methodology.
3.17 Work and access to work
The Constitution of the Republic of Moldova (art. 43 paragraph 1 and 2), states that Every person
has the right to freely choose his/her work, and to beneft from equitable and satisfactory working
conditions, as well as to be protected against unemployment. Article 44 from the Constitution states
that forced labor is prohibited..
The Labor Code of the Republic of Moldova no.154 of 28.03.2003
103
states that within labor relations
the principle of equity among employees prevails. Any discrimination, direct or indirect, of the
employee on the criteria of sex, age, race, color, ethnie, religion, political choice, social origin,
residence, disability, HIV infection, affliation or trade union activity, as well as other criteria non-
connected to his/her professional skills is prohibited. It is not considered discrimination establishment
of some differences, exceptions, preferences or employees rights that are determined by specifc
requirements of a job, established in the legislation in force, or special care from the behalf of the state
towards persons who need an enhanced social and legal protection.
Through Law no.60 of 30.03.2012 on social inclusion of persons with disabilities it is guaranteed
integration of persons with disabilities on the labor market (art. 33-40), inclusively the right to work,
employment forms, employers obligations regarding labor integration of persons with disabilities,
working time and holidays, professional orientation, training and rehabilitation.
The National Agency for Labor Force Employment is the central authority engaged with promotion
of policies, strategies and programs in the feld of labor and social force employment of all job places,
prevention of unemployment, inclusively of persons with disabilities. In order to assure access to
a bigger number of persons with disabilities to the services provided by the National Agency for
Labor Force Employment and its territorial structures, in 2001, through Law no.56 of 09.06.2011 on
modifcation of some legal acts, there was modifed the Law on labor force employment and social
protection of persons in search of a job place no.102 of 13.03.2003
104
. In such a way, persons with
disabilities who are in search of a job place have the right to beneft of active promotion actions of
labor force employment provided by the National Agency for Labor Force Employment: information,
professional consultation, labor mediation, orientation and professional training.
In order to put into practice measures that would facilitate access to the labor market of persons with
disabilities in the Law on state budget for 2012 there were approved funds for employment of 43
additional units of personnel within the territorial labor agencies. These additional units of personnel
are responsible for provision of employment services and protection against unemployment of persons
102 Government Decision regarding determination of disability and labor capacity no.65 of 23.01.2013 // Offcial
Monitor 18-21/104, 25.01.2013 http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=346508
103 Labor Code of the Republic of Moldova no.154/28.03.2003 //Offcial Monitor 159-162/648, 29.07.2003 http://
lex.justice.md/index.php?action=view&view=doc&lang=1&id=326757
104 Law no.102/13.03.2003 labor force employment and social protection of persons in search of a job place //
Offcial Monitor 70-72/312, 15.04.2003 http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=312729
33
with disabilities.
The General Assistance Medical Councils are responsible for examination of cases regarding the need
to transfer on the base of health conditions, temporally or permanently, to an easier place of work/to
other job with less detrimental to health, that would correspond to health conditions of the persons
with a reduced vital activity, appreciating the character of the recommended work and taking into
account the persons qualifcation.
The current state of facts determines many states to offer certain forms of fscal facilities in order to
make it possible employment of persons with special needs.
The Law on social inclusion of persons with disabilities states that employment is done without
discrimination. Also, the document obliges managers of the companies or institutions having at least
20 employees to hire persons with disabilities of at least 5% from the total number of employees. The
enterprises are obliged to assure a reasonable adaptation of the work place to persons with special
needs and buy special equipment. Yet, there are no mechanisms to punish the employers who dont
observe the provision. Those who do not reserve work places for persons with disabilities or avoid
hiring them shall allocate to the unemployment fund an average annual salary for every non-reserved
work place.
Inclusion on the labor market of persons with disabilities is currently performed through:
- Orientation and professional training services;
- Organization of job fairs;
- Information of persons with disabilities regarding labor force market;
- Electronic mediation services, inclusively through web portal www.angajat.md;
- Assistance from the behalf of the state for specialized enterprises of the public organizations within
which work 50% and more of persons with disabilities;
Currently, within the public associations of persons with disabilities there are 15 specialized enterprises
for which work 519 employees, from which 315 are persons with disabilities.
The Fiscal Code of the Republic of Moldova no.1163 of 24.04.1997
105
establishes inclusively additional
facilities and assistance to employed persons with disabilities.
3.18 Adequate standard of living and social protection
The Constitution of the Republic of Moldova states that every person has the rights to inoffensive
food products. The state guarantees every person the right of free access and dissemination of true
information regarding the quality of the food products.
According to the Law on social inclusion of persons with disabilities no.60 of 30.03.2012, persons
with disabilities have the right to allowances, allocations, compensations, social aid and other types of
social assistance services in order to minimize the effects or elimination of social risks consequences.
Persons with disabilities beneft of different facilities under the form of acquaintances and reductions
according to the provisos of the legislation in force. The facilities refer especially to the following
felds: services provision, procurement of goods, issuance of documents and payment of different
contributions (charges, taxes).
The legislation on retail store establishes general interaction rules with the consumers, establishment
of prices, protection of consumers rights, etc. The tradesmen are obliged to place on the market only
safe products/services for the consumers life, health and security. Commercialization prices of frst
importance social products/services for the needs of social vulnerable layers are regulated through
limitation of the commercial added value when commercializing these products/services.
105 Fiscal Code no.1163/24.04.97 //Offcial Monitor 62/522, 18.09.1997 http://lex.justice.md/index.php?action=view&view=d
oc&lang=1&id=326971
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The law prohibits any incorrect commercial practices as a result of which would be obtained advantages
because of the fact that some persons have disabilities. Nevertheless, the existent provisions do not
oblige the tradesmen to assure placement of process in the form accessible to persons with disabilities.
The legislation provides assurance of persons with disabilities with additional technical aids.
Unfortunately, the last Strategy on economic growth and poverty reduction referring also to persons
with disabilities was established for years 2004-2006 approved through the Law regarding approval
of the Strategy on economic growth and poverty reduction (2004-2006) no. 398 of 02.12.2004.
Since then, only the Activity Program of the Government of the Republic of Moldova European
Integration: Liberty, Democracy, Welfare for years 2013 2014 provided retake of the measures to
assure welfare of the citizens, assurance of qualitative services and growth of life standards.
One of the stringent problems, especially for persons with disabilities is assurance with social shelter.
Currently, the state doesnt perform any activities to assure social shelter; nevertheless, some norms on
protection of persons with disabilities do exist in our legislation.These refer to service or state shelter that
were given for use to persons with disabilities, non-privatized by these persons, but, usually these provisions
refer to high level ex-employees, like layers, militaries, etc. The Mayoralty of Chisinau Municipality has
launched some years ago a social program First House, nevertheless, participation to the project is
practically impossible for the absolute majority of persons with disabilities because of participation to a
bank loan program, assurance of incomes, of a work place, payment of the initial rate, etc.
Recommendations:
1) It is necessary to draft new strategies and a new series of measures to combat poverty and assure
adequate life standards, especially for persons with disabilities.
2) It is necessary to introduce and implement the principle of substantive equality, according to
which the persons with disabilities could enjoy real and effective conditions of all rights stated in our
legislation for all the citizens.
3.19 Participation in political and public life
The right to vote is guaranteed to everybody, so in accordance with the constitutional norms in force,
art.38 of the Constitution of the Republic of Moldova states at paragraph (2) Except for the persons
banned from voting by law, all the citizens of the Republic of Moldova having attained the age of
18 on or by the voting day inclusively have the right to vote andatparagraph (3) The right of being
elected is guaranteed to all citizens of the Republic of Moldova enjoying the right of voting..
Citizens of the Republic of Moldova have the right to vote, have the right to associate freely in political
parties (Law on political parties no.294 of 21.12.2007
106
). Citizens of the Republic of Moldova have
the right to associate freely in public associations.
According to Law no.60 on 30.03.2012 on social inclusion of persons with disabilities guarantees that
persons with disabilities can entirely and effectively participate to political and public life in equal
conditions with other citizens.
The Central Election Commission (CEC) administers the State voters register, which is a single
informatics system of integrated records of the voters of the Republic of Moldova, drawn up for
collection, storage, update and analysis of the information referring to the citizens of the Republic
of Moldova of age of 18 and who dont have any legal interdiction to vote (Electoral Code no.1381
of 21.11.1997
107
, art. 38/1). In the context of the reform on legal capacity, it is proposed to abrogate
106 Law no.294/21.12.2007 on political parties //Offcial Monitor 42-44/119, 29.02.2008 http://lex.justice.md/
index.php?action=view&view=doc&lang=1&id=327053
107 Electoral Code no. 1381/21.11.97 //Offcial Monitor 81/667, 08.12.1997 http://lex.justice.md/index.php?action
=view&view=doc&lang=1&id=312765
35
these provisions, in order to guarantee the right to vote to every person, inclusively to persons with
intellectual and psycho-social disabilities.
In 2010, there were also amended some important legislative acts and namely through Law no.119
on 18.06.2010 modifcation of the Electoral Code no. 1381-XIII of 21.11.1997, paragraph (2) of
article 29 was exposed in a new version, containing the following provision polling stations shall be
arranged so these facilitate access for the elderly persons and persons with disabilities.
The Electoral Code contains provisions regarding assurance on participation to vote of persons with
locomotor disabilities, stating that In case the voter, because of health problems or because of other
grounded reasons, cant come to the polling station, the polling station nominates, on the basis of a
written request, at least 2 members of the polling board to visit the voter with a mobile box and with
the necessary material in order to vote at the voting place, so he/she could give the vote.
It is recommended in this context revision of the legal framework regarding the right to vote of
persons with different types of disabilities. This work presupposes regulation of some alternative
voting methods, inclusively the electronic voting, regulations regarding adequate planning of voting
booths provided with necessary equipment.
3.20 Participation to cultural life
Legislation of the Republic of Moldova provides that the cultural life constitutes an inalienable right
of everybody, indifferent of national affliation and social origin, language, sex, political principles,
religious or other beliefs, domicile, material situation, education, profession or other circumstances.
The human rights in the feld of cultural activities are of major importance and cant be limited by the
state or non-governmental bodies.
Law on culture no.413 of 27.05.99
108
guarantees every citizen the right to cultural identity, access to
the cultural heritage, right to cultural activity and creation.
Persons with disabilities are guaranteed rights to access cultural objects and sites, right to cultural
activity, alone or through specialized organizations according to Lawon protection of cultural
immaterial heritage no.58 of 29.03.2012
109
and Law on social inclusion of persons with disabilities
no.60 of 30.03.2012. Additionally, Government Decision no.1111 of 11.09.2003 regarding approval of
regulations on implementation of the Law on museums no.1596-XV ofDecember 27, 2002
110
establish
that the national museum assures access of the public into the museum according to an adequate
schedule and assures special adjustments for access of persons with disabilities.
The Lawon the folkloric artand crafts no.135 of 20.03.2003
111
states free access to cultural activity,
cultural values and goods, and the local public authorities assist enterprises and sections created by
persons with disabilities who make handicrafts.
Any particular person has the right to creative activities depending on his/her own interests and
skills. Professional and the unprofessional men of art are equal regarding the right to intellectual
property, the right to enjoy freely his/her work, the right to assistance from the behalf of the state. This
provision is very important in this context, especially for persons with disabilities.
108 Law on culture no.413 of 27.05.99 // Offcial Monitor 83-86/401, 05.08.1999 http://lex.justice.md/index.php?a
ction=view&view=doc&lang=1&id=311664
109 Law on protection of cultural immaterial heritage no.58 of 29.03.2012 // Offcial Monitor 76-80/255,
20.04.2012 http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=342910
110 Government Decision no.1111 of 11.09.2003 regarding approval of regulations on implementation of the Law
on museums no.1596-XV of December 27, 2002// Offcial Monitor 204-207/1178, 26.09.2003 http://lex.justice.md/
index.php?action=view&view=doc&lang=1&id=297649
111 Law on the folkloric art and crafts no.135of 20.03.2003 //Offcial Monitor 84-86/390, 16.05.2003 http://lex.
justice.md/index.php?action=view&view=doc&lang=1&id=312759
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3.21 Participation in recreation, leisure and sport events
Legislation of the Republic of Moldova guarantees to everyone, inclusively to persons with disabilities
the right to participate in recreation, sports and leisure activities in equal conditions with other persons.
Persons with disabilities are assured, depending on their criteria and health conditions, access to
competitions and physical culture schools, the right to associate in order to practice sports in sports
association. The public administration authorities assure conditions for practicing physical training
and sports by persons with disabilities for their personality development and integration in the society,
as well as means that would allow sportsmen with disabilities to participate in different national
and international competitions (Law on physical training and sports no.330 of 25.03.99
112
). Public
administration authorities, associations, clubs, national physical training federations and organizations
of persons with disabilities create for persons with or without disabilities special equipped health and
physical training institutions for practicing physical exercises within the public health and physical
training institutions, contribute to their participation in competitions.
Additionally, as a matter of protection, through the Government Decision regarding approval of the
Regulation for physical training schools no.463 of 28.04.2006
113
, the state assures matriculation in
physical training schools according to the medical certifcate for persons that do not have any medical
counter-indication.
3.22 Women with disabilities
The fact that women and girls with disabilities confront with multiple discriminations and that
their rights and liberties shall be protected was also recognized through adsorption of Council
Directive 2000/78/EC of November 27, 2000 establishing a general framework for equal treatment
in employment and occupation, published in the Offcial Journal of the European Union, no.L303 of
December 2, 2000
114
through the Law on equality assurance no.121 of 25.05.2012.
According to the statistics, on 01.01.2012, the total number of persons with disabilities in the Republic
of Moldova total constituted 179815 persons, in increase with 9515 persons as compared to 2007.
From the total number of persons with disabilities, about 49,0% are women and 51,0% men, 59%
live in rural areas and 41% in urban areas. According to the age criteria, predominate persons with
disabilities between 40 and 59 years of age, which is more than 2/3 of disability cases. Persons with
disabilities represent 5,1% of the total population and children with disabilities represent 1,7% from
the total number of children from the Republic of Moldova.
Constitution of the Republic of Moldova since 20.07.1994 states that all citizens of the Republic of
Moldova are equal before the law and the public authorities, without any discrimination as to race,
nationality, ethnic origin, language, religion, sex, political choice, personal property or social origin.
In order to assure equal rights between women and men in politics, in economic, social, cultural and
other life spheres and in order to prevent and eliminate all types of discrimination based on sex, it was
adopted the Law no. 5-XVI of 09.02.2006 on assurance of equal opportunities for women and men
115
.
The Law guarantees equal access for women and men to hold public function in governing bodies, to
present applications for holding certain functions in electoral lists and provides a series of social and
economic obligations, especially regarding employment of the labor force, as well as obligation from
the part of the employer. The Law introduces concepts like discrimination on sex criteria, sexual
112 Law on physical training and sports no.330 of25.03.99 //Offcial Monitor 83-86/399, 05.08.1999 http://lex.
justice.md/index.php?action=view&view=doc&lang=1&id=311652
113 Government Decision regarding approval of the Regulation for physical training schools no.463 of28.04.2006
// Offcial Monitor 73-74/506, 12.05.2006 http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=316034
114 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=DD:05:06:32000L0078:RO:PDF
115 Law no.5/09.02.2006 on assurance of equal opportunities for women and men //Offcial Monitor 47-50/200,
24.03.2006 http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=315674
37
harassment, discriminatory actions of the employer, ungrounded employment refusal .
After approval of the Law on assurance of equal opportunities for women and men, there were created
in Moldova institutional structures with specifc competences, as for example: the Governmental
Commission for equality between women and men, the Division on gender equality assurance policies
and prevention of violence within the Ministry of Labor, Social Protection and Family, Councils and
structures within the central public administration and similar local authorities. Gender structures or
units assure participation in drafting and implementation of equal opportunities programs, inclusively
of women with disabilities. Within the Ministry of Labor, Social Protection and Family was created a
Coordination group on gender equity.
3.23 Children with disabilities
Constitution of the Republic of Moldova guarantees to every child, inclusively to children with
disabilities the same rights and level of protection. All children are equal, indifferent of race,
nationality, ethnic origin, sex, language, religion, beliefs, wealth or social origin. Also, Republic of
Moldova is a party of the Convention on the Rights of Child.
The Law on rights of child no.338 of 15.12.94
116
and the Law on equality assurance no.121 of
25.05.2012 guarantees that all children are equal in rights indifferent of race, nationality, ethnic
origin, sex, language, religion, beliefs, wealth or social origin.
Nevertheless, among the serious problems faced by children with disabilities are the access to education,
social inclusion, express of his/her consent, The migration phenomenon from the recent decades have
accentuated the problem of tutorship and guardianship institutions, as well as unpreparedness of
the territorial social assistance authorities to face particular problems of children with disabilities,
especially of those left without parental care.
3.24 Statistics and collection of information
Legislation of the Republic of Moldova respects all the exigencies of the Convention on Rights
of Persons with Disabilities (CRPD) on collection of the statistical data referring to persons with
disabilities, inclusively exigencies on protection of data, provision of confdentiality, use of the
information on destination, information accessibility. The Law on offcial statistics no.412 of
09.12.2004
117
states the supremacy of the international regulations over those of the Republic of
Moldova regarding the statistical processes.
National BureauofStatistics(http://www.statistica.md) prepares periodically statistical data,
inclusively referring to persons with disabilities.
3.25 International cooperation
According to the Constitution of the Republic of Moldova of 20.07.1994 and Law on Government no.64
of 31.05.90
118
, the Government represents the Republic of Moldova in its international relations, and
respectively, through the Government Decision no.691 of 17.11.2009 for approval of the Regulation
on organization and functioning of the Ministry of Labor, Social Protection and Family, staffng list
and its central bodies
119
the sphere related to social protection of persons with disabilities is in the
116 The Law on rights of child no.338 of 15.12.94 //Offcial Monitor 13/127, 02.03.1995 http://lex.justice.md/
index.php?action=view&view=doc&lang=1&id=311654
117 Law on offcial statistics no.412 of 09.12.2004 //Offcial Monitor 1-4/8, 07.01.2005 http://lex.justice.md/
index.php?action=view&view=doc&lang=1&id=312436
118 Law no. 64/31.05.90 on Government //News 8/191, 30.08.1990 http://lex.justice.md/index.php?action=view&
view=doc&lang=1&id=312895
119 Government Decision no.691 of 17.11.2009 for approval of the Regulation on organization and functioning of
the Ministry of Labor, Social Protection and Family, staffng list and its central bodies // Offcial Monitor 166-168/769,
20.11.2009 http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=332740
Monitoring of legislation, policies and programs: observance of the rights of persons with disabilities in the Republic of Moldova
38
competence of the Ministry of Labor, Social Protection and Family.
The Government, through the Ministry of Labor, Social Protection and Family undertakes actions for
international cooperation in different felds connected to promotion of rights of persons with disabilities.
The Ministry of Labor, Social Protection and Familyundertakes permanent international cooperation
actions, exchange of information and experience sharing, training programs and taking over of the best
practices. As most recent examples, may serve the Agreement in social security sphere between the
Republic of Moldova and Kingdom of Belgium signed in Brussels on 12.09.2012
120
or the Cooperation
Protocol between the Ministry of Labor, Social Protection and Family and the similar Ministry of
Romania in Iasi on 03.03.2012
121
approaching inclusively the problems of persons with disabilities.
3.26 National implementation and monitoring
According to article 33 of the Convention on Rights of Persons with Disabilities (CRPD), the
Government had to create certain national mechanism to monitor the Convention. So, referring to
article 33, paragraph (1) the Government should designate a coordinating mechanism within the
Government to facilitate related action in different sectors and at different levels. In such a way the
Government of the Republic of Moldova has designated the Governmental Council on problems of
persons with disabilities conforming to exigencies of article 33, paragraph (1) of the Convention on
Rights of Persons with Disabilities (CRPD).
In this sense, article 33, paragraph (2) of the Convention on Rights of Persons with Disabilities
(CRPD) makes reference to the obligation of the Government to designate one or more independent
mechanisms as appropriate, to promote, protect and monitor implementation of the present Convention.
So, according to the provisions of the Law no.60 of 30.03.2012 on social inclusion of persons with
disabilities, the National Council for rights of persons with disabilities as a consultative collegiate
body of the Government, and is entitled to promote the state policy in the feld of disability and to
monitor enactment of the Convention on Rights of Persons with Disabilities (CRPD). The National
Council for rights of persons with disabilities includes representatives of central and local public
authorities, non-governmental organizations of persons with disabilities and active non-governmental
organizations in the feld of disabilities. This Council was to be created on the basis of law no.60.
Unfortunately, the Council was not created and no other subsidiary legislation regulated its activity.
A potential monitoring mechanism would be the activity of the Center of Human Rights (Law no.1349
of 17.10.1997 on parliamentary advocates
122
), actively involved in monitoring of the Convention on
Rights of Persons with Disabilities (CRPD), especially of persons with disabilities from psychiatry
dispensaries or psycho-neurological institutions(psycho-neurological hostels) providing medical and
social services to persons with mental disorders.
As recommendation, this nonconformity shall be eliminated in the shortest period possible through
designing of an independent monitoring mechanism.
Note: In February 2013, several associations working in the disability feld established IMM- the
Independent Monitoring Mechanism of the implementation the UN Convention on human rights of
people with disabilities. The IMM is not yet offcially registered and currently it does not activate in
fully accordance with CRPD demands.
The current legal framework referring to national monitoring mechanism establishes direct involvement
of persons with disabilities. So, according to the provisions of the Law no.60 of 30.03.2012 on social
120 http://mpsfc.gov.md/fle/acorduri/Acord%20MD%20-%20BE.pdf
121 http://mpsfc.gov.md/fle/acorduri/protocol_moldova_romania.pdf
122 Law no. 1349/17.10.97 on parliamentary advocates //Offcial Monitor 82-83/671, 11.12.1997 http://lex.justice.
md/index.php?action=view&view=doc&lang=1&id=311577
39
inclusion of persons with disabilities, the National Council for rights of persons with disabilities as
a consultative collegiate body of the Government, and is entitled to promote the state policy in the
feld of disability and to monitor enactment of the Convention on Rights of Persons with Disabilities
(CRPD). The National Council for rights of persons with disabilities includes representatives of
central and local public authorities, non-governmental organizations of persons with disabilities and
active non-governmental organizations in the feld of disabilities.
The governmental institutions have also included/include participation of NGOs and/or persons with
disabilities in the process of drafting the national reports for conventional structures and Universal
Periodic Review.
According to the Law on ratifcation of the Convention on Rights of Persons with Disabilities
(CRPD) no.166 of 9.07.2010, the Ministry of Labor, Social Protection and Family in cooperation
with the central and local public authorities and following the consultations with the civil society have
defned the Initial Report on implementation of the International Convention on Rights of Persons
with Disabilities (CRPD).
Also, the Center of Human Rights collaborates with many non-governmental organizations which
represent persons with disabilities, physical and mental, organizations of which activity is effcient
and the social value visible. These organizations comprise a huge number of members - 86 000
members as compared to 176 000 persons with disabilities existing in the Republic of Moldova.
Monitoring of legislation, policies and programs: observance of the rights of persons with disabilities in the Republic of Moldova
40
CONCLUSIONS
The legal framework of the Republic of Moldova assures at least at the theoretical level, full enjoy of
all fundamental human rights by persons with disabilities.
In the Republic of Moldova cant be adopted laws that would repeal or diminish the fundamental
rights and liberties of the human being and of the citizen.
The recent Law on social inclusion of persons with disabilities aims at exclusion of discrimination,
assurance of social inclusion but also creation of a new legal framework and of new judicial practices
in the feld of rights of persons with disabilities.
The Constitution of the Republic of Moldova, the special laws, the acts subordinated to the law,
important international treaties to which the Republic of Moldova is a party, prohibit discrimination
of persons with disabilities and have as their main aim inclusion of persons with disabilities in
the society, especially in the feld of education, labor, community life, access to buildings and to
qualitative services.
The Law on social inclusion of persons with disabilities puts a special accent on dignity principle of
persons with disabilities, respect for difference and participation in the society.
Unfortunately, though are adopted legislative protection measures and policies, persons with
disabilities are still discriminated, especially in the feld of education, health and labor, having a
negative impact over the life standard and reduce from the autonomy and ability of the persons with
disabilities to participate entirely as members of the community. One of the main reasons would be
practical implementation of the reasonable accommodation principle. Though the legislation and the
policies of the Republic of Moldova assure human rights and inclusion at a similar level with the rest
of the citizens, in practice still shall be implemented those real benefts. Total lack of judicial practices
denotes that development of real assurance of the rights of persons with disabilities is almost at the
beginning and the problem resides in 2 factors: the novelty of the law and of the legal framework,
on the one hand, and lack of practical and independent involvement of persons with disabilities in
attainment of their rights.
So, in spite of the fact that the law-makers, consciously, have put all efforts to eliminate the barriers
in exercising all rights by persons with disabilities, the problems they are facing are due to other
factors then of a legal origin: economic diffculties of the country, historic negative attitude towards
persons with disabilities like towards sick persons, ignorance of specifc needs. Social inclusion of
persons with disabilities and lack of training of the community representatives and local authorities,
still continue to be a main source of negative experiences.
Persons with disabilities face problems connected to participation, inclusion and accessibility because
of lack of adaptations often invoked because of economic reasons. Lack of respect for difference is
an evident problem, especially in the feld of education and labor, where is needed to create adequate
real conditions referring to accessibility and labor. Lack of reasonable accommodations and access to
transport has a signifcant impact over the autonomy of persons with disabilities.
Generally, the capacity of the persons with disabilities to beneft entirely of human rights in the
Republic of Moldova seems to be limited more by attitudes generated by lack of understanding of
realities that face persons with disabilities every day. These attitudes, together with invocation of the
argument from the behalf of the authorities regarding lack of fnancial means creates a real barrier in
implementation of legal provisions, policies and programs established by the legislator.
In conclusion, the Republic of Moldova has created and continues to maintain a legal framework
which promotes human rights of persons with disabilities.
41
Monitoring of legislation, policies and programs: observance of the rights of persons with disabilities in the Republic of Moldova Monitoring of media and societal attitude towards people with disabilities

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