WUNRN

http://www.wunrn.com

 

 The UN Committee on Economic, Social and Cultural Rights (CESCR) is the body of independent experts that monitors implementation of the International Covenant on Economic, Social and Cultural Rights by its States parties.

http://www2.ohchr.org/english/bodies/cescr/index.htm

 

ESCR Committee 46th Session - Moldova Review:

http://www2.ohchr.org/english/bodies/cescr/cescrs46.htm

_____________________________________________________________________

 

Multiple Significant GENDER Dimensions of Moldova Civil

Society/Human Rights Shadow/Alternative Report.

 

Direct Link to Full Moldova ESCR Shadow Report:

Moldovan Civil Society Alliance (submitted by Legal Resources Centre)

 

Alternative Report submitted to the 46th Session

of the Committee on Economic, Social and Cultural Rights in relation to the Second Periodic Report of the Republic of Moldova, E/C.12/MDA/2

 

 

This submission has been written in March 2011 in direct consultation with civil society organizations and human rights activists, and covers the following issues:

 

 

Key issues

Page

 

Introduction

3

1.

Gender discrimination

5

2.

HIV-related discrimination

7

3.

Racial discrimination of Roma

7

4.

Discrimination of minority’s cultural rights

8

5.

Discrimination against sexual minorities

9

6.

The discriminatory compulsory military service

11

7.

Coordination of implementation of  anti-trafficking legislation and policies

12

8.

Victims -witnesses protection

13

9.

Domestic violence in the Republic of Moldova

13

10.       

Right to a family

16

11.       

Child protection against economic and social exploitation

17

12.       

Reduction of the stillbirth-rate and of infant mortality

17

13.       

Child rights to education

18

14.       

Right to education of children with disabilities

19

15.       

The sexuality education

21

16.       

Status of people with disabilities in Moldova

22

17.       

Vocational training and labor inclusion of persons with disabilities

23

18.       

Social Housing

24

19.       

Housing Quality

25

20.       

Inadequate pensions and the right to social security

26

21.       

The right to social security for migrant workers

28

22.       

Migration – not a poverty reduction mechanism for all

28

23.       

Older people’s poverty

29

24.       

Extreme cold and the right to an adequate standard of living of older people

30

25.       

Poor nutrition and the right to food of older people

30

26.       

Medical costs and the right to health

31

27.       

Homosexuality still viewed as a disorder or deviation in Moldova

32

28.       

Documentation and medical services to LGBT persons

32

                                                                                             


 

 

Report written by Moldovan civil society informal network of organizations and human rights activists:

 

Ø     Center for social inclusion and equal opportunities for people with disabilities “Speranta”;

Ø     Coalition on Non-discrimination;

Ø     GenderDoc-M;

Ø     Help Age International;

Ø     Institute for Development and Social Initiatives “Viitorul”;

Ø     International Center "La Strada";

Ø     National Council of Wome;

Ø     Victor POPOVICI, independent expert,

Ø     Public Association “Promo-LEX”

Ø     Sergiu RUSANOVSCHI, independent expert;

Ø     The Family Planning Association of Moldova.

 

 

 

 

 

 

Executive team:

Ion GUZUN, Legal Recourses Center, member of Human Rights Resource Group[1][1] (guzunion@yahoo.com)

Ala MINDICANU, gender expert, PhD, (amindicanu@yahoo.com)

 

 

We gratefully acknowledge the technical support, cooperation and encouragement received from the Program on Women’s Economic, Social and Cultural Rights (pwescr@pwescr.org) and its Executive Director, Priti DAROOKA.

 

We gratefully acknowledge the support of experts and NGO activists who contributed to this report: Angela FROLOV, Tatiana JALBA, Marin GURIN, Ion GUZUN, Iulia MARCINSCHI, Victor POPOVICI, Lilia POTING, Ana REVENCO, Sergiu RUSANOVSCHI, Doina-Ioana STRAISTEANU, Tatiana SOROCAN and Svetlana TODERAS.


Introduction

 

From a Human Development Index (HDI) perspective, Moldova is one of the least advanced European and/or transition countries. In 2005, Moldova had the fourth lowest HDI in the group of 20 Central and Eastern European (CEE) and Commonwealth of Independent States (CIS) countries for which the HDIs were available. In 2005, Moldova was among the four worst off transition countries in terms of HDI and its losses in terms of human development were the largest compared to all other countries.[2][2]

 

The population of the Republic of Moldova today is approximately 3.5 million people.

 

The economy is steadily recovering, Economic activity is bolstered by a pick-up in industrial production and trade, supported by the removal of many restrictions on exports and imports and exchange rate depreciation, and growth is projected to reach 2.5 percent in 2010[3][3].

 

Moldova is one of the poorest countries in Europe with per capita income to be at USD 1,500.[4][4] National Bureau of Statistics informs that in 2010, Gross Domestic Product is over 7000 million lei, GDP rose by 7% compared to 2009 and 65% compared to 2000[5][5].

 

According to National Bureau of Statistics, compared to December 2010 the consumer price index (CPI) registered 101% and 106% compared to January 2010[6][6]

 

The economy is based on agriculture and limited industry (mainly in the capital Chisinau). The country is poor in energy resources (limited coal reserves) and faces serious economic challenges marked with regional and social inequity.[7][7].

 

Overall, the rural population appears to be more vulnerable to climate change impacts as it has more limited access to medical services as well as to medical insurance coverage with significant share of the vulnerable elderly population.. It is much more dependent on a non-centralised supply of water (which is of poor quality), as climate change affect the agricultural sector, the risks of malnutrition will become particularly important for the rural population.[8][8]

 

In April 2009 Moldova went through disputed elections. Street riots met with serious violations of human rights and fundamental freedoms by the law enforcement bodies. Repeat elections allowed a stable parliamentary majority to be formed and a start was made on stabilising the domestic and external political situation. The two rounds of parliamentary elections revealed shortcomings that challenged some Organization for Security and Co-operation in Europe commitments. The Parliament did not manage to elect a President. EU-Moldova relations suffered for most of the year, before picking up again after the appointment of the new Government.[9][9]

 

In November 2010 early election brought into power a new pro-European government. Now the efforts of a governing Alliance for the European Integration (AEI) reaffirmed its determination to European integration. After coming to power, the AEI reversed the new visa rule and an additional law that barred civil servants who hold dual citizenship. The AIE also reinforced diplomatic dialogue with the governments of the Russian Federation and Ukraine. The new government resumed discussions over the settlement of the Transnistrian territory using the “5+2”[10][10] international format. The EU and United States offered political and financial support to the AEI, conditional upon the new government conditional upon the new government carrying out comprehensive reforms in the areas of the rule of law, anticorruption, human rights, and media and business freedoms.[11][11]

 

The United Nations Development Programme Moldova found that the economic crisis started in 2008 led to “falling remittances, declined domestic and external demand, reduction in the foreign direct investments inflows, shrinking governmental transfers to local budgets, and increased unemployment as result of migrants returning home”.[12][12]

 

Poverty, prices, unemployment, worry about children’s future, corruption and criminality continue to be the real problems the Moldovan people confront, according to the last Public Opinion Barometer survey in November 2010.[13][13]

 

Moldovan NGO are aware about the efforts of AEI to accomplish all announced reforms, but consider that economic, social and cultural rights are not yet protected properly in the Republic of Moldova. Our report have to mention the issues of civil society concerns in different fields of  economic, social and cultural rights based on CESCR provisions and Republic of Moldova obligations.

 


Gender discrimination.

Transition and development processes in the Europe and Commonwealth of Independent States (ECIS) region have proceeded without the full participation of women, weakening their position in political and socio-economic life.

 

Even if the parliament has adopted the Law on Gender Equality in 2006, the mechanism of the implementation is still imperfect, and the sanctions for those who break the law provisions are missing from the legislation. Moreover, the existing sanctions are not applied by the court for different reasons: tradition, lack of precedents etc.  The art.176 (Violation of equal rights of citizen by officials) is not practically applied, although there are many cases infringements of rights of women- employees[14][14].

 

Women are not equally represented in the decision making bodies. The proportion of women members of parliament in most of the region is slowly rising. Nevertheless, with a regional average of just over 15 percent, the proportion of women in parliament is still below the critical mass of 30 percent considered necessary for women to contribute meaningfully to politics. But increasing women’s political participation also needs to go beyond the numbers, making sure gender issues become an integral part of political agendas. Women's equal participation in decision-making is not only a human rights issue but also a prerequisite for a democratic society where the interests, needs and concerns of both women and men are taken into account in political decision-making. By improving gender balance in governance institutions, governance structures will be strengthened, making them less vulnerable in crisis situations is including times of economic downturn[15][15].

The majority of unemployed Moldovan - 68 per cent - is women. Women earn 70 to 80 per cent of a man’s salary and are three times as likely to lose their job as a man.[16][16]  One factor holding back Moldovan women from advancing in their careers is a lack of social services. With the transition, services like childcare are less available as state subsidies have dried up, putting increased pressure on women trying to juggle the dual responsibilities of work and home. As women spend more of their time in unpaid domestic chores, they are unable to pursue training or gain other skills that would enable them to obtain a better job. Instead they are relegated to unstable, poorly paid and legally unprotected informal work.

In Moldova, women are discriminated on the matrimonial status and age basis, as well as because of cultural biases regarding the time dedicated to family life. There are cases showing that women are discriminated in the field of employment by receiving lower salaries or even pensions six times lower than men doing the same work[17][17].

Women’s participation in business is low - only five per cent of managers are women - but the numbers are rising. Approximately 2 per cent of women managers run big enterprises, 10 per cent are in mid-sized enterprises, 40 per cent are in small enterprises and the other 48 per cent are in micro-enterprises. The increase in women’s participation in business represents a positive alternative to unemployment, and is an efficient use of labour resources. Moreover, national policies do not currently identify women as a target group for entrepreneurship; limiting the support they receive to pursue independent employment[18][18].............








[1][1] The Human Rights Resource Group is an informal coalition of 13 human rights activists from Moldova who act both in their individual capacity and/or represent well-known human rights watchdog groups. The Group’s aim is to monitor, document, and report human rights violations occurring in the country and undertake advocacy efforts for resolving them. The Group was established in 2010 and it is supported by the Soros Foundation – Moldova and the Open Society Foundations.

[2][2] National Human Development Report 2009-2010,  page 1, available at http://bit.ly/fLrSYU.

[3][3] IMF Executive Board Concludes 2010, http://bit.ly/gz8fFi. 

[4][4] WHO. Country Cooperation Strategy.  http://bit.ly/dVZcHO.

[5][5] http://bit.ly/gxkGrr. 

[6][6] http://bit.ly/hZsiJS.

[7][7] Global finance data, http://bit.ly/e2TwCp.

[8][8] National Human Development Report 2009-2010, Page 6, available at http://bit.ly/fLrSYU.

[9][9] Progress Report Republic of Moldova, http://bit.ly/fJuTyu. 

[10][10] I.e. Republic of Moldova and Transdniestria, the mediators - Russian Federation, Ukraine and the OSCE - and the United States and the European Union as observers.

[11][11] Freedom House Report, http://bit.ly/h0Y5ks. 

[12][12] UNDP, Impact of the Global Financial Crisis on Local Communities in Moldova Study, September 2009, http://bit.ly/gOY0oR.

[13][13] http://bit.ly/g1PKKw.

[14][14] Criminal Code of the Republic of Moldova, Nr. 985,  18.04.2002 art.176

[15][15] http://europeandcis.undp.org/gender/show/0C9D0589-F203-1EE9-B2EAB8FD2B7B54A4

[16][16]  http://www.ifad.org/english/gender/cen/index.htm

[17][17] Free Europe, Women Discrimination in Pension Calculations, 13th of September 2009, available at http://bit.ly/g7VonH [accessed 3rd March 2011]. The case of Maria Bogonovschi and her husband emphasizes how after the both worked in the same sphere 17 years she received a pension 6 times lower than his.

[18][18] http://www.ifad.org/english/gender/cen/profiles/mda_stat.htm