E/C.12/MDA/2
page 83
UNITEDNATIONS / E
/ Economic and Social
Council / Distr.
GENERAL
E/C.12/MDA/2
9 December 2009
Original: ENGLISH
Substantive session of 2011
IMPLEMENTATION OF THE INTERNATIONAL COVENANT
ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS
Second periodic report submitted by States parties
under articles 16 and 17 of the Covenant
MOLDOVA [* ][**]
[5 September 2008]
CONTENTS
Foreword 6
A: Section of the Report that describes the general provisions of the Report 7
FIRST PART 7
ARTICLE 1 7
SECOND PART 7
Article 2 7
B: The Section of the Report, which relates to specific rights. 20
THIRD PART 20
Article 6 20
1. ILO Conventions 20
2 (a) Employment policies 21
(b) Job creation. 28
(d) Professional and technical education 35
Article 7 38
1. ILO Conventions 38
2. The remuneration policy 38
3. Equal opportunities 45
4. Gender legislation 46
5. Limitation of the working time. 47
6. Right to employment 54
7. International Assistance 55
ARTICLE 8 56
1. ILO Conventions: 56
2. The rights of the trade unions 56
ARTICLE 9. 62
1. ILO Conventions 62
2. Categories of social insurance 62
4. Budget financing 77
5. Right to social insurance 80
6. Beneficiaries of social insurance 81
7. Legislation in the field of social insurance 83
8. Foreign relations 83
Article 10 84
1. International conventions 84
2. Family 85
3. Children age 86
4. Family assistance and protection 86
5. Maternity protection 87
6. Protection and assistance of children and teenagers 93
7. Amendments to legislation 99
8. External relations 104
Article 11 105
1. Level of living 105
2. Right to adequate alimentation 106
3. Right to adequate housing 122
4. Setting the level of the rent and supplementary accommodation for housing 129
ARTICLE 12 136
1. Physical and mental health of the population 136
2. The health policy 136
3. The health budget 138
4. Demographic indicators 139
5. Measures to improve health 140
6. Health of the elderly 147
7. Primary healthcare services 148
8. Measure undertaken in the field 148
9. International relations 149
1. Right to education 151
2. Ensuring full enjoyment of the right to education 153
3. The level of literacy 161
4. Budgetary financing 162
Article 14. 162
Article 15 Error! Bookmark not defined.
1. Right to cultural life 163
2. Right to scientific progress 169
3. Measures of implementation of the right to scientific progress 172
4. Development and promotion of science and culture 173
5. Freedom of scientific research and creation 174
6. Legislative measures in the field of science and culture 176
ANNEX 1 Error! Bookmark not defined.
A. Tables Error! Bookmark not defined.
Table 1 Economic and social indicators Error! Bookmark not defined.
Table 2 Economically active and employed population, unemployed and in dynamics Error! Bookmark not defined.
Table 4. New jobs created in the national economy and placement of the unemployed by the workforce employment agencies Error! Bookmark not defined.
Table 5 Professional training of the unemployed during 2000-2007 Error! Bookmark not defined.
Table 6 Expenditures for professional training in 2000-2007 Error! Bookmark not defined.
Table 8 The amount of the minimal unitary salary for the 1st qualification category of employees from the financial autonomous units during 2002-2007, lei Error! Bookmark not defined.
Table 10 The dynamics of the minimal salary and the average monthly salary of an employee in the national economy, lei Error! Bookmark not defined.
Table 11 Situation of the industrial accidents which took place during 2000-2006 Error! Bookmark not defined.
Table 12 Situation of the industrial accidents during 2000-2006 Error! Bookmark not defined.
Table 13 Number of economic agents and number of minors who worked during 2001-2007 Error! Bookmark not defined.
Table 14 Aid offered to children with families Error! Bookmark not defined.
Table 15 Indicators of poverty during 2000-2005 , Error! Bookmark not defined.
Table 16 Number of certificates issued to immigrants in accordance with the established quota, persons Error! Bookmark not defined.
Table 17 Characteristics of immigrants according to the origin country and the aim of immigration in 2007 Error! Bookmark not defined.
Table 18 Indicators of the labour market in the rural areas Error! Bookmark not defined.
Table 19 Presence of engineering equipment and systems in the housing fund, (in %) Error! Bookmark not defined.
Table 20 Indicators of healthcare assistance financing, 2003-2007 Error! Bookmark not defined.
Table 21 Life expectancy at birth of the population of the Republic of Moldova, years 1995-2006 Error! Bookmark not defined.
Table 22 Main demographic indicators Error! Bookmark not defined.
Table 23 Mortality indicators for years 2001-2007 Error! Bookmark not defined.
Table 24 Indicators of the pre-schooling institutions during 1998-2006 Error! Bookmark not defined.
Table 25 Pre-schooling institutions, on forms of property Error! Bookmark not defined.
Table 26 Primary and secondary general educational institutions on average Error! Bookmark not defined.
B. Figures Error! Bookmark not defined.
Figure 1. The dynamics of the ratio of activity of the population, 2000-2007 (%) Error! Bookmark not defined.
Figure 2. The dynamics of the unemployment rate based on place of residence for years 2004-2007 Error! Bookmark not defined.
Figure 3. The structure of the State Social Insurance Budget in 2007 Error! Bookmark not defined.
Figure 4. Dynamics of public expenditures for the social sector in 2008-2010 ( % of GDP ) Error! Bookmark not defined.
Error! Bookmark not defined.
Figure 5 Poverty levels based on place of residence (%) Error! Bookmark not defined.
Figure 6. Consolidated Healthcare Budget Error! Bookmark not defined.
Figure 7 Dynamics of the number of pupils in the primary and secondary general Error! Bookmark not defined.
education Error! Bookmark not defined.
Figure 8. Budget Allocations for Science Error! Bookmark not defined.
ANNEX 2 Error! Bookmark not defined.
Observations to the FIRST PART Error! Bookmark not defined.
Comments for paragraph 3 Error! Bookmark not defined.
Comments for paragraph 6 Error! Bookmark not defined.
Comments for paragraph 22 Error! Bookmark not defined.
Comments for paragraph 23 Error! Bookmark not defined.
Comments for paragraph 32 Error! Bookmark not defined.
Comments for paragraph 33 Error! Bookmark not defined.
Comments for paragraphs 34-35 Error! Bookmark not defined.
Comments for paragraph 39 Error! Bookmark not defined.
Comments for paragraph 41 Error! Bookmark not defined.
Comments for paragraph 42 Error! Bookmark not defined.
Comments for paragraph 43 Error! Bookmark not defined.
Comments for paragraph 50 Error! Bookmark not defined.
Comments for paragraph 51 Error! Bookmark not defined.
E/C.12/MDA/2
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Foreword
1. In accordance with the provisions of the International Covenant on economic, social and cultural rights and following the recommendations on the form and contents of the periodic reports of the States Parties, and taking into account the provisions of the Decision of the Parliament of the Republic of Moldova on the approval of the National Human Rights Action Plan for years 2004-2008, no. 415-XV from 24 October 2004, and the Governmental Decision on the National Committee responsible for the approval of the initial and periodic Reports no. 225 from 01 March 2006, herewith is the second periodic Report on the implementation of the International UN Covenant on Economic, Social and Cultural Rights in the Republic of Moldova for years 2001-2007.
2. The initial Report of the Republic of Moldova, developed on the basis of article 40 of the International Covenant on Economic, Social and Cultural Rights was presented to the UN Committee in November 2001.
3. This Report contains information on the implementation of the provision of the Covenant from 2001 until 2007 and was developed in accordance with the general provisions of articles 16 and 17 of the International Covenant on Economic, Social and Cultural Rights with regard to the form and contents of periodic reports, which have been established by the Committee on economic, social and cultural rights, including other recommendations previously adopted by the Committee.
4. Special attention was paid to the recommendations presented by the Committee on the basis of the evaluation of the initial Report of the Republic of Moldova (for further details please consult E/C. 12/1991/1./ Basic Reference Document from 17/06/91).
A. SECTION OF THE REPORT THAT DESCRIBES THE GENERAL PROVISIONS OF THE REPORT
FIRST PART
ARTICLE 1
1. Information about this paragraph may be found in the Initial Report.
2. Article 127 (3) of the Constitution of the Republic of Moldova and articles 296 of the Civil Code of the Republic of Moldova, no. 1107-XV from 06.06.2002, provides for that public property is owned by the state or administrative territorial units, being mentioned that any type of natural resources, the air space, waters and forests used in public interest, natural resources of the territorial waters and the shelf, are subject exclusively to public property. The Parliament of the Republic of Moldova is empowered to adopt the main directions of the external economic activity (Art.129).
(i) The legislation of the Republic of Moldova sets civil, administrative and criminal liability for persons responsible for the violation of the legislation on natural resources.
(ii) As a result of the impossibility to ensure the territorial, legal and economic integrity of the country (the Transnistrian region), the efficient management as well as conservation of natural resources, protection of the environment, coherent application of management instruments of natural environments is very difficult „in the conflict region on the left side of the Nistru river, where de facto the jurisdiction of the Republic of Moldova is not applicable”.
3. Republic of Moldova does not hold responsibility over the administration of non-autonomous territories and territories under protection.
According to articles 110 of the Constitution (1) from the administrative point of view the territory of the Republic of Moldova is organised, in villages, cities, raions and the autonomous territorial unit Găgăuzia. (2) The settlements on the left side of the Nistru river may be given special forms and conditions of autonomy in accordance with a special status adopted by means of organic law.
4. Detailed information on the transnestrian issue may be found in Annex no. 2
SECOND PART
ARTICLE 2
„(1) Each State Party to the present Covenant undertakes to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures.”
5. The Constitution of the Republic of Moldova states that “…human dignity, its rights and freedoms, free development of the human personality, justice and political pluralism represent supreme values and are guaranteed” (Art.1, p.3).
Law no. 338 from 15.12.1994 on the rights of the child; Chapter 10 of the Family Code of the Republic of Moldova (Law no. 1316 from 26.10.2000),
Labour Code of the Republic of Moldova (Law no. 154 from 28.03.2003).
6. In order to ensure the implementation of these provisions, the Constitution offers all citizens the right to equality before the law and in their relations with public authorities, “notwithstanding the race, nationality, ethnic origin, language, religion, sex, opinion, political affiliation, wealth or social origin” (Art.16, p.2).
7. Citizens of the Republic of Moldova, notwithstanding the sources of their citizenship, benefit equally of all the social, economic, politic and personal rights and freedoms, declared and guaranteed by the Constitution and other laws of the Republic of Moldova. “… The State is obliged to protect the legitimate rights and freedoms of the citizens of the Republic of Moldova; to ensure their legality in rights in all the spheres of economic, political, social and cultural life” (Law on citizenship of the Republic of Moldova, art.4, paragraphs 2 and 4).
8. The rights and obligations are ensured to foreign and stateless persons, with the exceptions provided by law (Constitution of the Republic of Moldova, art.19, p.1).
9. There is no separate legislative act in the Republic of Moldova on the exclusion of any form of discrimination. The national legal framework contains provisions inserted in different legislative acts that forbid discrimination based on race, nationality, ethnic origin, language, religion, sex, opinion, political affiliation, wealth or social origin, or any other criteria which has as aim restriction or elimination of recognition, exercise under equality of the fundamental rights and freedoms or of rights recognised by law in the political, economic, social and cultural sphere or any other part of public life.
(2) The States Parties to the present Covenant undertake to guarantee that the rights enunciated in the present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Republic of Moldova ratified the International Convention on elimination of all forms of racial discrimination by means of Parliament Decision no.707-XII from 10 September 1991. The Convention is in force for the Republic of Moldova since 25 February 1993.
10. During the period between 2001 and 2007 Republic of Moldova undertook considerable efforts to harmonise interethnic relations and eliminate all forms of discrimination based on race, colour, national or ethnic origin.
11. By adopting the Law on the rights of persons belonging to national minorities and the legal status of their organisations, no.382-XV from 19.07.2001, an important chain of rights for national minorities has been established. According to the law, the state guarantees national minorities the right to equality before the law and equal protection before the law (any discrimination based on affiliation to a national minority is prohibited); contributes to the creation of necessary conditions for the conservation, development and free expression of ethnic, cultural, linguistic and religious identity of national minorities; allows the possibility of enjoyment of their right to education and training in their own language; contributes to the facilitation of humanitarian contacts of national minorities with their historical homeland. The State guarantees that the modification of the territorial administrative organisation will not be based on ethnic and demographic composition of the regions. Persons belonging to national minorities have the right to free use of their mother tongue, both in written and orally, to have access to information in this language, to disseminate it and to exchange information; the right to organise mass media, to publish literature in the language of national minorities; to determine their attitude towards religion; to celebrate their national holidays and commemorate their historical events, to participate in the exercise of the rituals of their nations, to use in particular their national symbolic; to use their family name, given name and patronymic, including in official acts, in the form accepted by the mother tongue.