Monitoring

Average score
2. 69 /5
1546207200
MechanismDomainRecommendationMark from governmentMark from NHRIMark from ONGMedia
Thomas Hammarberg, Report on Human Rights in the Transnistrian Region of the Republic of MoldovaEconomic, Social and Cultural rights, Transnistrian regionThe health of children should be in focus, including the reduction of infant mortality and ensuring full access to immunization. Plans to improve perinatal care should be pursued. (14)
Thomas Hammarberg, Report on Human Rights in the Transnistrian Region of the Republic of MoldovaEconomic, Social and Cultural rights, Gender equality & Women's rights, Transnistrian regionReproductive health care ought to include a focus on counselling for promoting safe sex and use of contraceptives to avoid that abortion is used as a method of family planning and to decrease the high incidence of sexually-transmitted infections. (15)
Thomas Hammarberg, Report on Human Rights in the Transnistrian Region of the Republic of MoldovaEconomic, Social and Cultural rights, Transnistrian regionThe HIV pandemic response requires investments in harm reduction programmes targeting key populations at risk and measures to change behaviours to prevent further infections. Further, there is a need of adequate treatment, care and support of those who are HIV positive; access to anonymous and voluntary blood testing with full confidentiality guarantees; as well as awareness campaigns to prevent the stigmatizing of persons living with HIV. Managements of co-infections, particularly HIV/TB, is extremely important and requires cooperation among specialized institutions. (16)
Thomas Hammarberg, Report on Human Rights in the Transnistrian Region of the Republic of MoldovaEconomic, Social and Cultural rights, Transnistrian regionThe capacity to rapidly diagnose TB infection is crucial in the fight against the epidemic. Effective information efforts and care and support programmes are needed to avoid cases of interrupted treatment. Those with multi-drug-resistant infection must have access to the necessary medicine. Continued cooperation with civil society organizations, colleagues on the right bank and with international agencies, including with WHO, UNICEF, UNAIDS, UNFPA, UNDP, OHCHR and UNODC, is recommended. (17)
Thomas Hammarberg, Report on Human Rights in the Transnistrian Region of the Republic of MoldovaEconomic, Social and Cultural rights, Transnistrian regionThe policy on coercive medical treatment should be reviewed with an emphasis on voluntary compliance with treatment. Detention of sick persons is an extreme measure and should only be considered on an individual basis and when absolutely necessary. Even in such situations, securing the free and informed consent of the person concerned should be the primary approach. (18)
HRCEconomic, Social and Cultural rights, Transnistrian regionThe State party should take further steps to raise awareness and ensure access to affordable contraceptives throughout the State party, particularly in rural areas and the Transnistrian region, so as to reduce the number of unplanned pregnancies, especially among adolescents. (18a)
Thomas Hammarberg, Report on Human Rights in the Transnistrian Region of the Republic of MoldovaEconomic, Social and Cultural rights, Gender equality & Women's rights, Reform in the justice sector, Transnistrian regionDomestic violence tends to be a hidden, but serious problem in most societies. To combat effectively such abuse there is a need to develop a comprehensive program which would include a dedicated Law on Combating Domestic Violence. Part of the program should be to address all physical abuse in families as well as in various institutions, including schools. There should be a zero-tolerance approach to all forms of inter-personal violence. In order to detect at an early stage signs of such violence there should be a clear policy that social workers, health personnel, teachers and other professionals in official position would be required to report suspicions of physical abuse and also psychological or emotional harassment. Police officers should be trained in responding to cases of domestic violence. Actions at community level to reduce tolerance of violence and to strengthen support networks are needed. (19)4
Recomandarea Raportului totuși este direcționată către„factorii cheie de decizie din regiunea Transnistreană”. Aceste recomandări vizează exponenții așa-numitelor structuri de la Tiraspol ce activează în afara unui control din partea autorităților publice ale RM, care întreprind toate măsurile posibile pentru a restabili și garanta drepturile fundamentale ale cetățenilor săi. MSMPS Asigurarea accesului liber la justiţie constituie un principiu de bază al statului de drept şi o condiţie obligatorie ce rezultă din actele internaţionale la care Republica Moldova este parte. Asistenţa juridică efectivă constituie un element de bază al accesului la justiţie pe care statul îl garantează. Cu referire la situația din regiunea Transnistria, în ceea ce vizează prevenirea și combaterea violenței în familie, precizăm că, în anul 2009 ONG “Interaction” a lansat linia de încredere gratuită și anonimă pentru victimele violenței în familie. Victimele beneficiază de sprijin în cazuri de urgență, asistență juridică, psihologică și reintegrare socială. În anul 2017, la linia telefonică au apelat 1150 persoane, iar în anul 2018 peste 1331 persoane, dintre care 95% sunt femei. La fel, din anul 2017, din cele 5 unități administrativ teritoriale, doar în una (r. Râbnița) a fost creată echipa mobilă de intervenție în cazurile de violență în familie, din componența căreia fac parte un jurist, psiholog și polițist. În anul curent, au fost realizate 6 intervenții pe cazurile de violență în familie, au fost acordate 11 consultații juridice, dintre care doar într-un caz a fost acordată asistență juridică repetată cu adresarea în instanța de judecată. Ce ține de consolidarea capacităților specialiștilor în domeniu, în premieră, în anul 2017, au fost instruiți 22 de ofițeri de poliție și 4 avocați publici din Găgăuzia privind bunele practici de intervenție în cazurile de violență în familie. Totodată, în anul 2015 a fost deschis un centru temporar de adăpost pentru femei - victime ale violenței domestice și traficului de ființe umane, Centrul ”Rezonanță” creat cu sprijinul PNUD Moldova, și alți parteneri și părți interesate. Începând cu luna iulie 2019, cu sprijinul PNUD Moldova și SIDA, s-a deschis un nou centru. Acesta respectă standardele internaționale pentru adăposturi și va putea accepta de două ori mai multe femei și copii decât cel vechi temporar din Bender (12 locuri pentru adulți și 4 locuri pentru copii sub 3 ani). Pe parcursul anilor 2016-2019, în cadrul Centrului ”Rezonanță” au beneficiat de servicii de criză 357 de beneficiari (238 de femei, 115 de copii și 4 bărbați) și 320 de beneficiari au primit sprijin complet pe termen lung. Cazurile a 220 de beneficiari sunt închise, dintre care 182 de femei (83% din cazurile finalizate) au reușit să-și rezolve problemele și au ieșit din situația de criză.
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Thomas Hammarberg, Report on Human Rights in the Transnistrian Region of the Republic of MoldovaEconomic, Social and Cultural rights, Gender equality & Women's rights, Transnistrian regionPhone helplines are useful and might be further developed as well as the availability of shelters for victims of domestic violence, in particular women (with capacity to receive a victim on short notice and with children as well). A policy should be established during which it will be the perpetrator rather than the victim who has to leave the common habitat when necessary in order to protect against further violence. (20)
Thomas Hammarberg, Report on Human Rights in the Transnistrian Region of the Republic of MoldovaCivil Society; Human rights defenders, Preventing and combating trafficking in human beings, Transnistrian regionTrafficking of human beings is a serious problem and measures against this form of slavery should be given high priority. Broad public awareness is essential. A clear analysis of the root causes and contributing factors must be part of renewed efforts to counter trafficking of human beings. Further cooperation of local authorities is essential. Important contributions have already been given by a number of international organizations which have developed constructive work relations with NGOs engaged in this area. International norms and action plans are clear and concrete and can serve as a framework for an analysis of the legal and institutional instruments in Transnistria for effor ts to bringtrafficking to an end. (21)
Thomas Hammarberg, Report on Human Rights in the Transnistrian Region of the Republic of MoldovaRights of children and young people, Transnistrian regionThe new Transnistrian Ministry for Social Affairs and Labour has a major task to tackle in defending the rights of vulnerable people, dysfunctional families, orphans and persons with disabilities. A key point is to focus on the right of the child to a family environment whenever possible. This requires support to families in crisis or at risk. Social workers, teachers and others have in these situations an important role both to identify problems and to assist in their solutions. (22)
Thomas Hammarberg, Report on Human Rights in the Transnistrian Region of the Republic of MoldovaRights of children and young people, Rights of people with disabilities, Transnistrian regionIn order to protect the right of children with disabilities to live with the family there will be in a need encourage and advise parents on how to cope. There is today a possibility for a parent to be given the role of social assistant with a smaller salary in order to care for a child with disability. Another possibility which was proposed to the Expert was a system of day care where the child with disability could stay while a parent was working – this would make life easier for parents, especially in oneparent families. (23)
Thomas Hammarberg, Report on Human Rights in the Transnistrian Region of the Republic of MoldovaRights of children and young people, Rights of people with disabilities, Transnistrian regionFor the children with disabilities there should be a professional assessment on the cognitive and locomotor capacity and potential. This would be the basis for individual treatment plans to set and monitor progress towards motor and intellectual development. (24)
Thomas Hammarberg, Report on Human Rights in the Transnistrian Region of the Republic of MoldovaRights of children and young people, Rights of people with disabilities, Transnistrian regionSteps should be taken to make it possible for children with disabilities to attend mainstream schools and classes. (25)
Thomas Hammarberg, Report on Human Rights in the Transnistrian Region of the Republic of MoldovaRights of children and young people, Economic, Social and Cultural rights, Transnistrian regionSome of the children in the institutions come from traumatizing conditions as their parents have failed to offer a caring environment due to drug addiction, alcoholism, domestic violence or other deep social problems. This calls for a system of social work with resources for outreach and close cooperation with community organizations, school and health personnel in order to identify as early as possible children in need of supportive intervention. (26)
Thomas Hammarberg, Report on Human Rights in the Transnistrian Region of the Republic of MoldovaRights of people with disabilities, Transnistrian regionThe approach towards all persons with disabilities needs to be reviewed. The benchmark framework would ideally be the UN Convention on the Rights of Persons with Disabilities, with its important principles and standards. A plan for the phasing out of the old-style institutions should be developed. The plan should encourage community living, either in family environment or in other independent living arrangements. No one should be denied their decision-making right; instead of the deprivation of legal capacity, an approach should be developed in which caring, impartial assistance is provided in line with the UN Convention. Considerable efforts should be made to strengthen the rights of persons deprived of their liberty in the context of psychiatric care, in particular in the Vhvatintsi hospital. (27)
Thomas Hammarberg, Report on Human Rights in the Transnistrian Region of the Republic of MoldovaRights of people with disabilities, Transnistrian regionIt is essential to make the public aware of the need to respect the rights of persons with disabilities. New houses, and especially official buildings, should be constructed so that persons in wheelchairs can have access. Persons with sight and hearing difficulties should have access to necessary equipment to overcome such handicap. Other steps as well should be taken to make it possible for everyone to communicate and benefit from media, education and leisure activities. Consideration should be given to the possibility of creating a complaints mechanism with an outreach capacity to listen to problems which otherwise would not be heard or even formulated. (28)
Thomas Hammarberg, Report on Human Rights in the Transnistrian Region of the Republic of MoldovaEconomic, Social and Cultural rights, Transnistrian regionThe human rights of older people require attention. A mapping of their particular needs is recommended. (29)
Thomas Hammarberg, Report on Human Rights in the Transnistrian Region of the Republic of MoldovaEquality and non-discrimination. Rights of LGBTQ persons, Transnistrian regionDrafting of a comprehensive anti-discrimination law should be initiated. Such a law would define the unacceptable grounds of discrimination, such as ethnicity, language, religion, age, disability, gender, gender identity, sexual orientation and social origin. The law would also specify procedures for taking action against acts of discrimination, and thereby give protection to individuals in need thereof. (30)
Thomas Hammarberg, Report on Human Rights in the Transnistrian Region of the Republic of MoldovaThe rights of the ethno-linguistic and religious minorities, Transnistrian regionIn order to protect the interests of population groups outside the three major ones (Moldovan, Russian and Ukrainian), there should be a consideration of the possibility to establish a commission with members from the minorities themselves. This may give them an effective channel to key decision makers and in the public discussion. (31)
Thomas Hammarberg, Report on Human Rights in the Transnistrian Region of the Republic of MoldovaEquality and non-discrimination. Rights of LGBTQ persons, Transnistrian regionThe procedures for registration of religious organizations need to be reviewed with a view of making them swift, non-bureaucratic, and non-discriminatory in practice. The presently required probation period should be abolished. Measures restricting the activities of unregistered groups should be stopped. (32)
Thomas Hammarberg, Report on Human Rights in the Transnistrian Region of the Republic of MoldovaCivil and Political rights , Transnistrian regionThe law on military conscription should be amended to allow for a civil alternative for those whose conscience and belief prevents them from military activities. (33)
Thomas Hammarberg, Report on Human Rights in the Transnistrian Region of the Republic of MoldovaThe rights of the ethno-linguistic and religious minorities, Equality and non-discrimination. Rights of LGBTQ persons, Transnistrian regionConcrete steps should be taken to ensure the registration of those Muslim, Jehovah’s Witnesses, evangelical Christian and other groups which exist but have not yet managed to secure official recognition through registration. The property of the Lutheran community in Camenca should be restored. The community centres of the Jehovah’s Witnesses and the Baptists in Tiraspol should be ensured unhindered use and development. Public awareness of the Holocaust should be actively promoted, including on events taking place in Transnistria. (34)
Thomas Hammarberg, Report on Human Rights in the Transnistrian Region of the Republic of MoldovaEconomic, Social and Cultural rights, Transnistrian regionThe Expert recommends that UNESCO World Heritage Protection status might be sought for the complex of architectural objects – including the Catholic Church, the Orthodox Church and the ruined Synagogue complex, as well as potentially also including the Jewish cemetery on the right bank and possibly other relevant objects in proximity. Such acknowledgement might inter alia serve to emphasize the importance of the multi-cultural past and present of the region, and thereby contribute to the celebration of diversity. (35)
Thomas Hammarberg, Report on Human Rights in the Transnistrian Region of the Republic of MoldovaEconomic, Social and Cultural rights, Transnistrian regionTwo issues in the field of education have been discussed in political talks between Transnistria and the Government of the Republic of Moldova: nostrification of schools certificates and university diplomas issued in Transnistria but not valid internationally; and the situation of the Latin script schools. While the Expert is not involved in these negotiations, he expresses the hope that constructive solutions will be sought and found in the interest of the rights of those directly concerned; individuals should as far as possible be protected from the adverse consequences of the current political situation. As concerns the Latin script schools, he recommends that the Transnistrian authorities resolve the issues about the rent of the premises (as already agreed) and find solutions on the other outstanding property problems, including the return of the two schools which were previously moved. The issue of the “licensing” could also be resolved and in a manner which would not undermine the independence of these schools. (36)
Thomas Hammarberg, Report on Human Rights in the Transnistrian Region of the Republic of MoldovaEconomic, Social and Cultural rights, Monitoring, evaluation & reporting, Transnistrian regionAn effective system of collecting, organizing and disseminating relevant data, disaggregated along key vectors such as gender, age, ethnicity, disability, and other relevant areas for social inclusion, is crucial for developing cost-effective programs to improve the protection of social rights as well as other human rights. (37)
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